How much is the rate of licensing fees in 2023? What is the deadline for payment of licensing fees in Vietnam?

How much is the rate of licensing fees in 2023? What is the deadline for payment of licensing fees in Vietnam? - Question from Mr. Phu (Vinh, Vietnam)

Who must pay licensing fees in Vietnam?

Pursuant to the provisions of Article 2 of Decree 139/2016/ND-CP and Clause 1, Article 1 of Circular 65/2020/TT-BTC, the licensing fee payers are the organizations and individuals that operating their trade/production of goods and services specified in Article 2 of Decree 139/2016/ND-CP, except for the following subjects:

- The individuals, groups of individual and households that have their trade/production activities with annual revenues of less than 100 million dong.

- The individuals, groups of individual and households that have their irregular trade/production activities without fixed location as guided by the Ministry of Finance.

- The individuals, groups of individual and households that produce salt.

- The organizations, individuals, groups of individual and households that do the aquaculture, fisheries and fishing logistic services.

- The commune cultural post offices and press agencies (printed, radio, television and online newspapers).

- The branches, representative offices and business locations of the cooperatives that have direct technical service activities in service of agriculture.

- The communal people’s credit fund; cooperatives specialized in service business for agricultural production; branches, representative offices and business locations of cooperatives and private enterprises carrying on their business in the mountainous areas which are determined by the regulations of the Committee for Ethnic Minorities.

How much is the rate of licensing fees in 2023? What is the deadline for payment of licensing fees in Vietnam?

How much is the rate of licensing fees in Vietnam in 2023?

Pursuant to the provisions of Clause 1, Article 4 of Decree 139/2016/ND-CP and Clause 1, Article 4 of Circular 302/2016/TT-BTC, as follows:

- The organizations with charter capital and investment capital over 10 billion dong: 3,000,000 dong/year;

- The organizations with charter capital and investment capital of less than 10 billion dong: 2,000,000 dong/year;

- The branches, representative offices, business location, public service providers and other business organizations: 1,000,000 dong/year;

The rate of licensing fees for the organizations specified under Point a and b of this Paragraph is based on the charter capital written in the certificate of business registration or on the investment capital written in the certificate of investment registration in case of no charter capital.

If the organizations specified under the Points a and b, Paragraph 1 of this Article change their charter capital or investment capital, the ground for determining the rate of licensing fees is their charter capital or investment capital of the year preceding the year of calculation of licensing fees.

Where the charter capital or investment capital written in the certificate of business registration or certificate of investment registration is in foreign currency, it shall be converted into Vietnamese dong as a basis for determining the rate of licensing fees in accord with the buying rate of commercial banks or credit institutions where the licensing fee payers open their accounts at the time they make payment to the state budget.

The rate of licensing fees for individuals and households having the production and business of goods and services:

Pursuant to the provisions of Clause 2, Article 4 of Decree 139/2016/ND-CP, as follows:

- The individuals, groups of individuals and households with revenues over 500 million dong/year: 1,000,000 dong/year;

- The individuals, groups of individuals and households with revenues between 300 and 500 million dong/year: 500,000 dong/year;

- The individuals, groups of individuals and households with revenues between 100 and 300 million dong/year: 300,000 dong/year;

What is the deadline for payment of licensing fess in Vietnam in 2023?

Pursuant to the provisions of Clause 1, Article 10 of Decree 126/2020/ND-CP, the deadline for submission of declarations of licensing fees is as follows:

- New businesses (except household businesses and individual businesses), including medium and small enterprises converted from household businesses) and existing businesses that establish new dependent units or business location shall submit the licensing fee declaration by January 30 of the year preceding the establishment or inauguration year.

In case capital in changed during the year, the licensing fee payer shall submit the declaration by January 30 of the year succeeding the year in which the change occurs.

- Household businesses and individual businesses are not required to submit licensing fee declarations. Tax authorities shall determine the licensing fees payable according to their tax declaration dossiers and tax administration database and inform them in accordance with Article 14 of this Decree.

Pursuant to the provisions of Clause 9, Article 18 of Decree 126/2020/ND-CP, the deadline for paying licensing fees is as follows:

Deadlines for payment of tax-related amounts, fees for grant of right to extraction of water resources and minerals, fees for grant of sea area usage, registration fees and licensing fees
9. licensing fee:
a) Licensing fee shall be paid annually by the 30th of January.
b) For medium and small enterprises converted from household businesses (including their dependent units and business locations), upon expiration of the licensing fee exemption period (3 years from the establishment date):
b.1) If the expiration date is in the first 6 months of the year, licensing fee shall be paid by the 30th of July of the same year.
b.2) If the expiration date is in the last 6 months of the year, licensing fee shall be paid by the 30th of January of the succeeding year.
c) Household businesses and individual businesses that shut down and subsequently resume their business operation shall pay licensing fee as follows:
c.1) If the resumption date is in the first 6 months of the year, licensing fee shall be paid by the 30th of July of the same year.
c.2) If the resumption date is in the last 6 months of the year, licensing fee shall be paid by the 30th of January of the succeeding year.

Thus, the deadline for paying licensing fees in 2023 is January 30, 2023 at the latest.

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