11/01/2024 16:48

Form 01/LPMB 2024 - license fee declaration in Vietnam and instruction on how to fill out the form

Form 01/LPMB 2024 - license fee declaration in Vietnam and instruction on how to fill out the form

I would like to find the license fee declaration in Vietnam and instruction on how to fill out the form. Thanks! Lan Anh – Ho Chi Minh City

Hello, Lawnet would like to answer as follows:

1. Deadline for submitting license fee declaration documents in 2024 in Vietnam

According to the provisions of Clause 1, Article 10 of Decree 126/2020/ND-CP, Tax declaration dossiers shall be submitted by the deadlines specified in Article 44 of the Law on Tax administration 2019. The deadlines for submitting declarations of land-related amounts, licensing fees, registration fees, licensing fees and other amount payables prescribed by regulations of law on management and use of public property prescribed in Clause 5 Article 44 of the Law on Tax administration 2019 are specified in below:

- 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 Decree 126/2020/ND-CP.

Thus, businesses submit license fee declarations when newly established, and in subsequent years there will be no need to submit them or when there is a change in capital, opening of additional branches, business locations, etc. Deadline for submitting declarations license fee no later than January 30 of the following year.

2. Form 01/LPMB 2024 - license fee declaration in Vietnam and instruction on how to fill out the form

Form 01/LPMB 2024 license fee declaration: Download 

How to fill the form:

- Target [01]: Declare the year of license fee calculation.

- Target [02]: Select only for the first declaration.

- Target [03]: Only check in cases where the fee payer has submitted the declaration but then discovers a change in information about the declaration obligation and re-declares information within the declared fee period.

Note, the fee payer can only choose one of two criteria [02] and [03], not both criteria at the same time.

- Target [04] to target [05]: Declare information according to the tax registration of the fee payer.

- Target [06] to target [08]: Declare tax agent information (if any).

- Target [09]: Only check in cases where the fee payer has declared LPMB, then established a new business location.

3. 10 cases of exemption from licensing fees in 2024 in Vietnam

According to the provisions of Article 3 of Decree 139/2016/ND-CP and Clause 1, Article 1 of Decree 22/2020/ND-CP on cases exempted from license fees include:

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

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

(3) The individuals, groups of individual and households that produce salt.

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

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

(6) Cooperatives and cooperative unions (including their branches, representative offices and business locations) operating in the field of agriculture as regulated in the law on agricultural cooperatives.

(7) People’s credit funds; branches, representative offices and business locations of cooperatives/cooperative unions and of sole proprietorships operating in mountainous regions. Mountainous regions are determined according to regulations of the Committee for Ethnic Affairs.

(8) Exemption of license fees for the first year from the date of establishment or official commencement of production/business (from January 01 to December 31) shall be granted to:

- New organizations (issued with new TINs/enterprise ID numbers).

- Household businesses, individuals or groups of individuals engaging in production/business.

- During the exemption period, if an organization, household business, individual or group of individuals establishes a new branch, representative office or business location, the new branch, representative office or business location shall be also exempted from the license fee for the same exemption period granted to that organization, household business, individual or group of individuals.

(9) Small- and medium-sized enterprises (SMEs) transformed from household businesses (as prescribed in Article 16 of the Law on assistance for small- and medium-sized enterprises 2017) shall be exempted from the license fee within 03 years from the date of issuance of initial enterprise registration certificate.

- During the exemption period, if a SME establishes a new branch, representative office or business location, the new branch, representative office or business location shall be also exempted from the license fee for the same exemption period granted to that SME.

- The branch, representative office or business location of a SME (that is eligible to be exempted from the license fee as prescribed in Article 16 of the Law on assistance for small- and medium-sized enterprises 2017) established before this Decree takes legal effect shall be exempted from the license fee for the period commencing from the effective date of this Decree to the end of the period for which that SME is exempted from the license fee.

- SMEs transformed from household businesses before this Decree takes legal effect shall be exempted from the license fee according to Article 16 and Article 35 of the Law on assistance for small- and medium-sized enterprises 2017.

(10) Public general education schools and public pre-schools

Best regards!

Nguyen Ngoc Tram
175


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