Which types of taxes shall be declared monthly in Vietnam? What is the deadline for monthly tax declaration submission?

Which types of taxes shall be declared monthly in Vietnam?

Pursuant to Clause 1, Article 8 of Decree 126/2020/ND-CP, specific types of taxes that require monthly declarations are as follows:

- Value Added Tax, Personal Income Tax. Taxpayers who meet the criteria stipulated in Article 9 of Decree 126/2020/ND-CP can opt to declare quarterly.

- Special Consumption Tax.

- Environmental Protection Tax.

- Natural Resource Tax, excluding the resource tax specified in point e of this clause.

- Fees and charges that belong to the state budget (excluding fees and charges collected by representative agencies of the Socialist Republic of Vietnam abroad as stipulated in Article 12 of Decree 126/2020/ND-CP; customs fees; transit goods, luggage, and vehicle fees).

- For activities of exploration, exploitation, and sales of natural gas: Natural Resource Tax; Corporate Income Tax; Special Tax for the Vietnam-Russia Joint Venture "Vietsovpetro" at Lot 09.1 according to the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Russian Federation signed on December 27, 2010, regarding the continued cooperation in geological exploration and oil and gas exploitation on the continental shelf of the Socialist Republic of Vietnam within the framework of the Vietnam-Russia Joint Venture "Vietsovpetro" (hereinafter referred to as Vietsovpetro at Lot 09.1); host country's share profit from gas.

Which types of taxes shall be declared monthly in Vietnam? What is the deadline for monthly tax declaration submission? (Image from the Internet)

What is the deadline for monthly tax declaration submission in Vietnam?

According to Clause 1, Article 44 of the Law on Tax Administration 2019, the deadlines for monthly tax declaration submission are specified as follows:

Tax Declaration submission Deadlines

...

1. The deadlines for tax declaration submission for monthly and quarterly declarations are stipulated as follows:

a) No later than the 20th of the month following the month in which the tax obligation arises for monthly declarations;

b) No later than the last day of the first month of the subsequent quarter in which the tax obligation arises for quarterly declarations.

...

Thus, according to the above regulation, the deadline for submitting the monthly tax declaration is no later than the 20th day of the month following the month in which the tax obligation arises.

What are the penalties for late submission of monthly tax declaration submissions in Vietnam?

As stipulated in Article 13 of Decree 125/2020/ND-CP, the penalties for violations related to late submission of tax declarations are as follows:

- A warning is issued for the late submission of tax declarations from 1 to 5 days when mitigating circumstances apply.

- A fine from 2,000,000 VND to 5,000,000 VND is imposed for late submission of tax declarations from 1 to 30 days, except as provided for in Clause 1 of this Article.

- A fine from 5,000,000 VND to 8,000,000 VND is imposed for late submission of tax declarations from 31 to 60 days.

- A fine from 8,000,000 VND to 15,000,000 VND is imposed for the following acts:

+ Late submission of tax declarations from 61 to 90 days;

+ Late submission of tax declarations from 91 days or more without tax payable;

+ Failure to submit tax declarations but no tax payable;

+ Failure to submit appendices as required by tax administration regulations for enterprises engaging in related-party transactions accompanying the corporate income tax settlement dossier.

- A fine from 15,000,000 VND to 25,000,000 VND is imposed for late submission of tax declarations over 90 days from the deadline, resulting in a tax payable, and the taxpayer has paid the full tax amount, late payment fee to the state budget before the time the tax authority announces the tax inspection decision, tax audit or before the tax authority drafts a report on the late submission of tax declarations as specified in Clause 11, Article 143 of the Law on Tax Administration.

Note: The fines specified above apply to organizations. The fine for individuals is equal to half of that for organizations.

Shall tax declaration submission deadlines be postponed if they coincide with the Tet holiday in Vietnam?

Based on Clause 1, Article 1 of Decree 91/2022/ND-CP, amending Decree 126/2020/ND-CP which guides the Law on Tax Administration, it is stipulated as follows:

Addition of Article 6a as follows:

Article 6a. Term conclusion

The deadlines for tax declaration submission, tax payment, tax administration authority's dossier resolution, and the effectiveness of decisions on administrative enforcement in tax management are implemented in accordance with the Law on Tax Administration and this Decree. If the last day of these deadlines coincides with a holiday period, the last day of the deadline is considered the working day immediately after the holiday.

Thus, if the deadline for submitting a tax declaration falls during the Tet holiday, the last day of the deadline is considered the working day immediately following the holiday period.