What are regulations on the form 05/kk-tncn - Declaration form on incomes from salaries and wages in Vietnam?

What are regulations on the form 05/kk-tncn - Declaration form on incomes from salaries and wages in Vietnam?

Under Circular 80/2021/TT-BTC, there are regulations for the declaration form 05/kk-tncn provided here.

Note: Form 05/kk-tncn is applicable to organizations and individuals who pay income from wages and salaries.

What are regulations on the form 05/kk-tncn - Declaration form on incomes from salaries and wages in Vietnam? - image from internet

What is the deadline for quarterly submission of personal tax income declaration dossiers in Vietnam?

Pursuant to Article 44 of the Law on Tax Administration in 2019 stipulating deadlines for submission of tax declaration dossiers as follows:

Deadlines for submission of tax declaration dossiers

1. Deadlines for submission of tax declaration dossiers of taxes declared monthly and quarterly:

a) For taxes declared monthly: the 20th of the month succeeding the month in which tax is incurred;

b) For taxes declared quarterly: the last day of the first month of the succeeding quarter.

2. For taxes declared annually:

a) For annual tax statement dossiers: the last day of the 3rd month from the end of the calendar year or fiscal year. For annual tax declaration dossiers: the last day of the first month from the end of the calendar year or fiscal year

b) For annual personal income tax statements prepared by income earners: the last day of the 4th month from the end of the calendar year;

c) For presumptive tax declarations prepared by household businesses and individual businesses: the 15th of December of the preceding year. For new household businesses and individual businesses: within 10 days from the date of commencement of the business.

3. For declaration of taxes that are declared and paid upon incurrence: the 10th day from the day on which tax is incurred.

4. For tax declaration dossiers upon shutdown, contract termination, business conversion or business re-arrangement: the 45th day from the occurrence of the event.

5. The Government shall specify the deadlines for submission of statements of farming land levies, non-farming land levies; land levies; land rents, water surface rents; mineral extraction licensing fee; water resource extraction licensing fee; registration fee; licensing fees; other amounts payable to state budget in accordance with regulations of law on management and use of public property; multinational profit reports.

6. Deadlines for submission of customs dossiers of exports and imports are specified by the Law on Customs.

7. In case a taxpayer declares tax electronically on the last day of the time limit for declaration and the information portal of the tax authority is not functional, the taxpayer may submits the electronic declaration on the next day after the online portal is functional again.

As regulations above, the deadline for quarterly submission of personal tax income declaration dossiers in Vietnam is the the last day of the first month of the succeeding quarter.

Which incomes from salaries and wages in Vietnam are subject to personal tax income?

Pursuant to Clause 2 Article 3 of the Law on Personal Tax Income in 2007 (amended by Clause 1 Article 1 of the Law on amendments to the Law on Personal Tax Income in 2012) stipulating incomes from salaries and wages in Vietnam that are subject to personal tax income:

Taxable incomes

Incomes liable to personal income tax include the following kinds of income, except for incomes eligible for tax exemption specified in Article 4 of this Law:

...

2. Incomes from salaries and wages, including:

a) Salaries, wages and amounts of similar nature;

b) Allowances, subsidies, except for amounts: Those paid under legal provisions on preferential treatment of persons with meritorious services; defense or security allowances; hazard or danger allowances for persons working in branches, occupations or jobs at places where exist hazardous or dangerous elements; allowances for attraction of laborers to work in certain branches or in certain regions specified by law; allowances for sudden difficulties, allowances for laborers having labor accident or suffering from occupational disease, lump-sum maternity or child adoption allowances; allowances for working capacity loss, lump-sum retirement allowances, monthly survivorship allowances and other allowances as prescribed by law on social insurance; , severance and job-loss allowances specified in the Labor Code; subsidies of social relief nature and other allowances, subsidies without nature of salaries, wages as prescribed by the Government.

As regulations above, incomes from salaries and wages in Vietnam that are subject to personal tax income include following types:

- Salaries, wages and amounts of similar nature;

- Allowances, subsidies

Note: Allowances, subsidies, except for amounts:

- Those paid under legal provisions on preferential treatment of persons with meritorious services; defense or security allowances;

- Hazard or danger allowances for persons working in branches, occupations or jobs at places where exist hazardous or dangerous elements;

- Allowances for attraction of laborers to work in certain branches or in certain regions specified by law;

- Allowances for sudden difficulties, allowances for laborers having labor accident or suffering from occupational disease, lump-sum maternity or child adoption allowances; allowances for working capacity loss, lump-sum retirement allowances, monthly survivorship allowances and other allowances as prescribed by law on social insurance;

- Severance and job-loss allowances;

- Subsidies of social relief nature and other allowances, subsidies without nature of salaries, wages as prescribed by the Government.

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