When is the time for making public taxpayer registration of taxpayers in Vietnam from February 6, 2025?

When is the time for making public taxpayer registration of taxpayers in Vietnam from February 6, 2025?

Based on Clause 1, Article 35 of Circular 86/2024/TT-BTC (effective from February 6, 2025), which stipulates the public disclosure of taxpayer registration information on the General Department of Taxation's electronic information portal in the following cases:

- The taxpayer has ceased operations and has completed the procedures for termination of the tax identification number's validity (status 01).

- The taxpayer has ceased operations and has not completed the procedures for the termination of the tax identification number's validity (status 03).

- The taxpayer temporarily suspends operations or business (status 05).

- The taxpayer does not operate at the registered address (status 06).

- The taxpayer reinstates the tax identification number following the Notification Form No. 19/TB-DKT issued with Circular 86/2024/TT-BTC.

- The taxpayer violates the law on taxpayer registration.

When is the time for making public taxpayer registration of taxpayers in Vietnam from February 6, 2025? (Image from the Internet))

What are the content, form, and time limit for making public taxpayer registration in Vietnam?

Based on Clause 2, Article 35 of Circular 86/2024/TT-BTC (effective from February 6, 2025), which stipulates the content, form, and time limit for making public taxpayer registration as follows:

- Disclosure content: Information recorded in the Notification regarding taxpayer's termination of tax identification number; Notification regarding cessation of operations and ongoing procedures for terminating the tax identification number; Notification regarding taxpayers not operating at the registered address.

- Form of disclosure: Posted on the electronic information portal of the General Department of Taxation.

- Time limit for disclosure: No later than 1 (one) working day from the day the tax authority issues the Notification or updates the tax identification number status according to the decision or notification from other competent state agencies.

Which entities are the subjects of taxpayer registration in Vietnam under the new regulations?

Based on Article 4 of Circular 86/2024/TT-BTC (effective from February 6, 2025), which regulates the subjects of taxpayer registration, including:

(1) Taxpayers subject to taxpayer registration through the one-stop shop mechanism as prescribed in Point a, Clause 1, Article 30 of the Law on Tax Administration 2019;

(2) Taxpayers required to register directly with the tax authority as stipulated in Point b, Clause 1, Article 30 of the Law on Tax Administration 2019.

(3) Taxpayers who must register directly with the tax authority, including:

- Enterprises operating in specialized fields that are not required to register businesses through a business registration agency as per the specific laws (hereinafter referred to as Economic Organizations).

- Public service units, economic organizations of the armed forces, organizations of political, political-social, social, social-professional groups conducting business according to legal regulations without business registration through a business registration agency; organizations from countries sharing a land border with Vietnam conducting trading activities at border markets, border checkpoints, markets in economic zones; representative offices of foreign organizations in Vietnam; cooperatives established and operating according to Decree 77/2019/ND-CP dated October 10, 2019, of the Government of Vietnam regarding cooperatives but not required to register business through a business registration agency under Clause 2, Article 107 of the Law on Cooperatives 2023 (hereafter referred to as Economic Organizations).

- Organizations established by competent authorities that do not have production or business operations but have obligations with the state budget (hereinafter referred to as Other Organizations).

- Foreign organizations and individuals in Vietnam using humanitarian aid funds or non-refundable aid from abroad to purchase goods and services subject to value-added tax in Vietnam for non-refundable aid, humanitarian aid; diplomatic missions, consular offices, and representative offices of international organizations in Vietnam qualifying for value-added tax refunds for diplomatic privileges and immunities;

ODA project owners entitled to value-added tax refunds, Representative offices of ODA project donors, and organizations appointed by foreign donors to manage non-refundable ODA programs and projects (hereinafter referred to as Other Organizations).

- Foreign organizations without legal entity status in Vietnam, foreign individuals conducting independent business suitable with Vietnamese law having income arising in Vietnam or having tax obligations arising in Vietnam (hereinafter referred to as Foreign Contractors, Foreign Sub-contractors).

- Overseas suppliers without a permanent establishment in Vietnam, non-resident foreign individuals conducting e-commerce, digital platform-based business, and other services with organizations and individuals in Vietnam (hereinafter referred to as Overseas Suppliers).

- Enterprises, organizations, and individuals responsible for withholding and paying tax on behalf of other taxpayers must declare and determine separate tax obligations than the taxpayers’ obligations according to tax management laws (except agencies paying income tax when withholding, replacing personal income tax); Commercial banks, intermediary payment service providers, or organizations and individuals authorized by overseas suppliers to declare, withhold, and pay tax on behalf of foreign suppliers (hereinafter referred to as Organizations, Individuals with Withholding Obligations). Income-paying organizations will use their assigned tax identification numbers to declare, withhold, and pay personal income tax.

- Operators, joint operators, joint ventures, organizations assigned by the Government of Vietnam to receive Vietnam’s share from oil and gas fields in overlapping areas, contractors, investors participating in oil and gas contracts, and the parent company - Vietnam National Oil and Gas Corporation representing the host country to receive profit shares from oil and gas contracts.

- Households and individuals engaged in the production, trading of goods and services according to legal regulations but not required to register as households through the business registration agency as per Government of Vietnam regulations on household businesses; business individuals from countries sharing a land border with Vietnam conducting trading at border markets, border checkpoints, or markets in economic zones.

- Individuals with income subject to personal income tax (excluding business individuals).

- Individuals recognized as dependents under personal income tax laws.

- Organizations, individuals authorized by the tax agency to collect taxes.

- Other organizations, families, and individuals obligated to the state budget.