What is the current regulation on the Tax Identification Number? How long does it take for the tax authority to issue a taxpayer registration certificate?
What is a tax code?
Based on clause 5, Article 3 of the Law on Tax Administration 2019, the definition of a tax code is provided as follows:
A tax code is a sequence of 10 or 13 numbers and other characters issued by the tax authority to the taxpayer for tax management purposes.
Thus, a tax code is a sequence of 10 or 13 numbers and characters issued by the tax authority to manage taxpayers according to legal regulations.
What is a tax code according to current regulations? How long does it take for the tax authority to issue a taxpayer registration certificate?
When is it necessary to register a tax code?
Based on clause 1, Article 30 of the Law on Tax Administration 2019, it is stipulated as follows:
Entities for taxpayer registration and issuance of tax codes
1. Taxpayers must perform taxpayer registration and be issued a tax code by the tax authority before starting production, business activities, or arising obligations with the state budget. Entities for taxpayer registration include:
a) Enterprises, organizations, individuals performing taxpayer registration under the one-stop-shop mechanism in conjunction with business registration, cooperative registration, business registration in accordance with the Law on Enterprises and other related laws;
b) Organizations, individuals not falling under the provisions of point a of this clause performing taxpayer registration directly with the tax authority as stipulated by the Minister of Finance.
Thus, taxpayers must perform taxpayer registration with the tax authorities before starting production, business activities, or having obligations with the state budget.
How is the tax code used?
Based on Article 35 of the Law on Tax Administration 2019, the usage of the tax code is stipulated as follows:
- Taxpayers must record the issued tax code on invoices, documents, and materials when conducting business transactions; open deposit accounts at commercial banks, other credit institutions; declare taxes, pay taxes, get tax exemptions, tax reductions, tax refunds, non-collection of taxes, register customs declarations, and perform other tax-related transactions for all obligations to the state budget, including in the case of conducting production and business activities in multiple locations.
- Taxpayers must provide the tax code to relevant agencies, organizations, or record the tax code on the documents when performing administrative procedures under the one-stop-shop mechanism with tax authorities.
- Tax management agencies, the State Treasury, commercial banks coordinating in state budget collection, and organizations authorized by the tax authority to collect taxes use the taxpayer's tax code in tax management and tax collection into the state budget.
- Commercial banks, other credit institutions must record the tax code in the account opening documents and transaction documents through the taxpayer's account.
How long does it take to issue a taxpayer registration certificate?
Based on Article 34 of the Law on Tax Administration 2019, it is stipulated as follows:
Issuance of taxpayer registration certificate
1. The tax authority issues the taxpayer registration certificate to taxpayers within 03 working days from the date of receiving the complete taxpayer registration dossier of the taxpayer as stipulated. The information on the taxpayer registration certificate includes:
a) Name of the taxpayer;
b) Tax code;
c) Number, date, month, year of the business registration certificate or establishment and activity permit or investment registration certificate for business organizations, individuals; number, date, month, year of the establishment decision for organizations not subject to business registration; information of identity card, citizen identification card or passport for individuals not subject to business registration;
d) Direct management tax authority.
2. The tax authority notifies the tax code to the taxpayer instead of the taxpayer registration certificate in the following cases:
a) Individuals authorize organizations, individuals paying income to perform taxpayer registration on behalf of the individual and their dependents;
b) Individuals perform taxpayer registration via tax declaration forms;
c) Organizations, individuals perform taxpayer registration for tax deduction and tax payment on behalf;
d) Individuals perform taxpayer registration for dependents.
3. In case of loss, tear, destruction, or burning of the taxpayer registration certificate or tax code notification, the tax authority reissues it within 02 working days from the date of receiving the complete dossier request of the taxpayer as stipulated.
The tax authority issues the taxpayer registration certificate to taxpayers within 03 working days from the date of receiving the complete taxpayer registration dossier of the taxpayer as stipulated.
In case of loss, tear, destruction, or burning of the taxpayer registration certificate or tax code notification, the tax authority reissues it within 02 working days from the date of receiving the complete dossier request of the taxpayer as stipulated.
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