What are the criteria for classifying the risk level of taxpayers being individuals in Vietnam?

According to the latest regulations, what are the criteria for classifying the risk level of taxpayers being individuals in Vietnam?

Appendix III of Circular 31/2021/TT-BTC (Effective from July 2, 2021) stipulates the criteria for classifying the risk level of taxpayers being individuals in Vietnam as follows:

No.

Criteria Group

Criteria

1

Criteria for risk assessment for household businesses, individual businesses

General information about household businesses, individual businesses

Establishment Time

2

Operating Hours

3

Address of business registration office

4

Business Methods

5

Registered business lines

6

Personal history and information of household businesses, individual businesses

Information of heads of household businesses, individual businesses

7

Number and severity of tax law violations by heads of household businesses, individual businesses

8

Completeness of information on household businesses, individual businesses doing business according to law

9

Changes and frequency of changes in the status of household businesses, individual businesses

Operation status of household businesses, individual businesses

10

Number of times of suspension of operation of household businesses, individual businesses

11

Number of times household businesses, individual businesses change their business locations

12

The degree of proportionality between employees and the nature and size of household businesses, individual businesses

Number of Employees

13

Age of employees

14

Scale of household businesses, individual businesses

The size of household businesses, individual businesses according to the items on revenue, capital, number of employees, etc.

15

Main revenue-generating industries

Main business scope

16

Revenue value, sudden fluctuations in revenue

Total revenue of goods and services sold

17

The fluctuation of sales of goods and services sold

18

Fluctuations in revenue compared to other household businesses, individual businesses in the same field and industry

19

Expenses for household businesses, individual businesses

Total value of purchased goods and services

20

Total cost

21

Assessment of the situation of compliance with tax obligations with the state budget

Amount payable to the state budget in the period

22

The amount of money paid to the state budget in the period

23

Tax amount exempted or reduced in the period

24

Tax amount refunded in the period

25

Debt solvency of household businesses, individual businesses

Liabilities

26

Fluctuations in liabilities

27

Completeness and accuracy of tax declaration dossiers and compliance with declaration of dossiers

Proportion of submitted tax declaration dossiers to the number of payable tax declaration dossiers

28

The proportion of tax declaration dossiers submitted on time to the number of tax declaration dossiers submitted

29

Contents of tax declaration dossiers

30

Number of times of failure to declare tax

31

Debt age, tax debt amount and late tax payment situation

Tax amount owed by debt age

32

Total late payment interest

33

Number of times late payment interest is incurred

34

Time and frequency of inspection and examination

Time and number of times the tax authority inspects and examines household businesses, individual businesses

35

Severity of tax-related administrative violations

Total number of times household businesses, individual businesses have been sanctioned for tax-related administrative violations

36

Total amount of fines for tax-related administrative violations

37

Nature and severity of violations detected through inspection and examination

Number of times of tax law violations detected through examination and inspection at the head office of household businesses, individual businesses

38

History of violations: frequency, nature, severity and observance of tax law and other relevant laws

39

Tax and charge amounts detected by tax authorities through tax examination and inspection

40

Tax amount recovered after tax refund

41

Signs of risks and other tax-law violations

42

Indicators on the use of invoices

Number of invoices of household businesses, individual businesses used, deleted, destroyed, lost, burned or damaged

43

Number of times sanctioned for invoice violations

44

Other evaluation criteria

The observance of the law on taxation, the law on accounting, statistics, finance and other relevant fields

45

Information on investment, import and export of goods and services

46

Signs of risks and other tax-law violations

47

Household businesses, individual businesses pay flat tax

Household businesses, individual businesses paying flat tax on business at border markets

48

Household businesses, individual businesses that pay presumptive tax on trading in construction materials originating from mineral resources

49

Household businesses, individual businesses that pay flat tax, regularly employ ten (10) employees but do not establish enterprises

50

Household businesses, individual businesses paying flat tax using invoices of tax authorities

51

Household businesses, individual businesses paying flat tax with tax debts

52

Household businesses, individual businesses paying flat tax have two or more business locations

53

Compare revenue with relevant factors

Household businesses, individual businesses have unreasonable taxable turnover compared to expenses; compared to the number of means of transport in use; compared to the number of employees; compared to commodities

54

Income from online business

Income of household businesses, individual businesses residing in online business

55

Other income

Income paid via e-wallets such as PayPal, income from channels such as Google, Youtube...

56

Income from property leasing activities of individuals

Failing to file a tax return after twenty (20) days from the deadline for filing tax returns

57

Income from salaries and wages of resident individuals

Taxable income

Taxpayers have two (02) or more sources of income

58

Family circumstance deduction

Taxpayers with multiple dependents

59

Taxpayers declare duplicate dependents

60

Taxpayers declare dependents of working age

61

Revenues related to land and land-attached assets

Land plots and land-attached assets are transferred many times

62

There is a discrepancy between the information declared by the taxpayer and the information collected by the tax authority

63

The dossier of determination of financial obligations is transferred by a competent state agency or the competent state agency certifies that the components and information are incomplete

64

Dossiers of determination of financial obligations, tax declaration dossiers with exemption or reduction amounts, deductions or exemption requests

65

Dossiers of declaration of land rents and water surface rents without decisions or land lease contracts

66

For incomes from capital transfer (including transfer of contributed capital, transfer of securities)

There is no personal income tax return when there is information about the change of capital contributors

67

There is a discrepancy between the information declared by the taxpayer and the tax administration database or the information collected by the tax authority

68

Risk signs by period, area and industry

Objectives and requirements of tax administration in each period, locality and business line

69

Random selection according to management requirements in each period, area and industry

70

Results of assessment of tax law compliance for taxpayers by tax authorities

Taxpayers' compliance with tax laws

71

Statutory risk indications

Signs of risk of taxpayers are specified in tax policies and other relevant policies

Sincerely!

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