What are the procedures for returning tax refund settlement results in Vietnam implemented?
What are the procedures for returning tax refund settlement results in Vietnam implemented? What are the regulations on issuing a refund order for revenue from the State budget of Vietnam or a refund order cum clearing revenue from the State budget of Vietnam? Thankyou.
Order and procedures for returning tax refund settlement results in Vietnam
Pursuant to Article 48 of Circular 80/2021/TT-BTC regulating the order and procedures for payment of tax refund settlement results are specified as follows:
1. The tax authority shall send the notice of ineligibility for tax refund, the tax refund decision, the appendix of refundable tax, late payment interest and finds according to Form No. 01/PL-HTNT (if any) or Form No. 01/PL-HNTKBT to the taxpayer and relevant organizations via the website of General Department of Taxation within the day from the issuance date of the decision or notice.
In case the taxpayer does not have an account for electronic transaction with the tax authority, tax authority shall send the result to the single-window department of the tax authority if the application is submitted in person or by post.
2. In case the taxpayer has refundable amounts in multiple administrative divisions, the supervisory tax authority shall send the tax refund decision, the Appendix of refundable tax, late payment interest and fines to the state budget revenue-managing tax authority, the tax authority of the receiving province for monitoring and recording.
3. In case the application for refund of overpayment upon ownership transfer, enterprise conversion, merger, consolidation, division, bankruptcy, dissolution, shutdown includes a refundable amount at a state budget revenue-managing tax authority or tax authority of the receiving province, the supervisory tax authority shall send the notice of ineligibility for refund or the tax refund decision to the state budget revenue-managing tax authority or the tax authority of the receiving province.
Issuing Vietnam State Budget Reimbursement Order or Vietnam State Budget Reimbursement and Clearing Order
Pursuant to Clause 1, Article 47 of the Circular on promulgation of the State Budget Reimbursement Order or the State Budget Reimbursement Order cum clearing as follows:
1. On the basis of the tax refund decision, the tax authority shall issue an order for return of state budget revenues or an order for return and offsetting of state budget revenues in accordance with regulations of law on state budget accounting and State Treasury operations.
Right after the issuance of the order for return of state budget revenues or an order for return and offsetting of state budget revenues, the tax authority shall send it to the State Treasury electronically; if the order cannot be sent electronically, the tax authority shall send the physical order to the State Treasury for refunding tax to the taxpayer.
The State Treasury shall refund tax to the taxpayer by the deadline according to regulations on State Treasury-related administrative procedures.
Best regards!
