Circular 86/2024/TT-BTC stipulating taxpayer registration in Vietnam
Circular 86/2024/TT-BTC stipulating taxpayer registration in Vietnam
On December 23, 2024, the Minister of Finance issued Circular 86/2024/TT-BTC stipulating the subjects for taxpayer registration directly with the tax authorities, the tax identification code structure as regulated in Point b, Clause 1, Clause 2, Article 30 of the 2019 Law on Tax Administration; taxpayer registration procedures as specified in Clause 1, Article 41 of the 2019 Law on Tax Administration, and measures for implementing tax management functions related to taxpayer registration.
Circular 86/2024/TT-BTC applies to taxpayers; tax management agencies; tax management officials; state agencies, organizations, and individuals related to tax management regarding taxpayer registration.
Circular 86/2024/TT-BTC stipulating taxpayer registration in Vietnam (Image from the Internet)
Which entities in Vietnam are required to perform taxpayer registration directly with the tax authorities?
According to Clause 2, Article 4 of Circular 86/2024/TT-BTC, the entities required to conduct taxpayer registration directly with the tax authorities include:
- Enterprises operating in specialized fields not required to register through business registration agencies according to specialized laws.
- Public service units, economic organizations of the armed forces, or those of political, socio-political, social, and socio-professional organizations engaging in business activities following the law but not required to register through business registration agencies.
- Organizations from countries sharing a land border with Vietnam conducting trade activities at border marketplaces, border-gate marketplaces, or marketplaces in economic zones at border gates.
- Representative offices of foreign organizations in Vietnam.
- Cooperation groups established and operating under Decree 77/2019/ND-CP but not required to register through business registration agencies as specified in Clause 2, Article 107 of the 2023 Cooperative Law.
- Organizations established by competent authorities without production or business activities but with obligations to the state budget.
- Foreign organizations and individuals, and domestic organizations using foreign humanitarian aid or non-refundable aid to purchase goods and services subject to VAT in Vietnam for aid purposes; diplomatic missions, consular offices, and representative offices of international organizations in Vietnam entitled to VAT refunds for diplomatic immunity; ODA project owners entitled to VAT refunds, representative offices of ODA project sponsors, organizations designated by foreign donors to manage non-refundable ODA programs/projects.
- Foreign organizations without legal status in Vietnam, and foreign individuals independently doing business in compliance with Vietnamese laws, earning income or incurring tax obligations in Vietnam.
- Foreign suppliers without a permanent establishment in Vietnam, non-resident foreign individuals conducting e-commerce, digital platform business, and other services with organizations and individuals in Vietnam.
- Enterprises, organizations, and individuals responsible for withholding and paying taxes on behalf of others must declare and determine separate tax obligations from other taxpayers as stipulated in tax management laws (excluding income-paying agencies when withholding and paying personal income tax); Commercial banks, intermediary payment service providers, or entities authorized by foreign suppliers must declare, withhold, and pay taxes on behalf of foreign suppliers. Income-paying organizations, when withholding and paying personal income tax, use the assigned tax identification code for declaring and paying withheld taxes.
- Operators, joint operators, joint venture enterprises, or entities assigned by the Government of Vietnam to receive Vietnam’s share from oil and gas fields in overlapping areas, contractors, investors participating in petroleum contracts, and the parent company - Vietnam National Oil and Gas Group representing the host country to receive profit shares from petroleum contracts.
- Households and individuals engaging in the production, trading of goods, and services as per law but not required to register as business households through business registration agencies as per Government of Vietnam regulations on household businesses; individuals from countries sharing a land border with Vietnam conducting trade activities in border marketplaces, border-gate marketplaces, or marketplaces in economic zones at border gates.
- Individuals with income subject to personal income tax (excluding business individuals).
- Dependents as defined by personal income tax laws.
- Entities and individuals authorized by tax authorities to collect taxes.
- Organizations, households, and other individuals with obligations to the state budget.
What does the taxpayer registration dossier in Vietnam include?
According to Article 6 of Circular 86/2024/TT-BTC on the receipt of taxpayer registration dossiers:
Article 6. Receipt of taxpayer registration dossiers
- Taxpayer’s dossier
A taxpayer registration dossier includes a first-time taxpayer registration dossier; dossiers for changes in taxpayer registration information; notifications of temporary cessation of activities or resumption of activities/business after a premature suspension; dossiers for termination of tax code validity; dossiers for tax code restoration received according to Clauses 2 and 3, Article 41 of the Tax Administration Law.
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A taxpayer registration dossier includes:
- First-time taxpayer registration dossier
- Dossier for changes in taxpayer registration information
- Notification of temporary cessation or resumption of activities/business before the suspension period ends
- Dossier for termination of tax code validity
- Dossier for tax code restoration received according to Clauses 2 and 3, Article 41 of the 2019 Law on Tax Administration
