Please ask: What does taxpayer registration information include in Vietnam? What responsibilities do taxpayers have in tax administration in Vietnam? Hope to get an answer. Question from Mr. Tai in Phu Yen.
Pursuant to Clause 1, Article 34 of the Law on Tax Administration 2019, regulations on issuance of taxpayer registration certificate are as follows:
Issuance of taxpayer registration certificate
1. Tax authorities shall issue taxpayer registration certificates to taxpayers within 03 working days starting from the date of receipt of taxpayers’ satisfactory taxpayer registration application as prescribed by law. Information on a taxpayer registration certificate shall include:
a) Name of the taxpayer;
b) TIN;
c) Number, date of the business registration certificate or establishment and operation license or investment registration certificate for business organizations and individuals; number, date of the establishment decision for organizations not required to apply for business registration; information of identity card, citizen identification or passport for individuals not subject to business registration;
d) Supervisory tax authority.
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According to this Article, information in the taxpayer registration certificate includes:
- Name of the taxpayer;
- Tax code;
- Number, date, month, year of business registration certificate or establishment and operation license or investment registration certificate;
- Number, date, month and year of the establishment decision for organizations not subject to business registration;
- Information of identity card, citizen identification card or passport for individuals not subject to business registration.
- Direct management by tax authorities.
What does taxpayer registration information include in Vietnam? (Image from the Internet)
According to Article 17 of the Law on Tax Administration 2019, the responsibilities of taxpayers are stipulated as follows:
1. Apply for taxpayer registration and use TINs as prescribed by law.
2. Declare tax accurately, honestly and adequately and submitting tax dossiers on time; take legal responsibility for the accuracy, honesty and adequacy of tax dossiers.
3. Pay tax, late payment interest and/or penalties fully, on schedule and at the right location.
4. Conform to regulations on accounting, statistics and management, use of invoices and records as prescribed by law.
5. Truthfully and fully record the taxable activities and transactions.
6. Issue and deliver invoices and records to buyers with the correct quantity, type and actual payment amount when selling goods and/or providing services as prescribed by law.
7. Provide information and/or materials related to the determination of tax liabilities accurately, fully and promptly, including information on investment value; transaction IDs and contents of accounts opened at commercial banks and/or other credit institutions; explain declared tax and/or tax payment as requested by tax authorities.
8. Comply with decisions, notifications and requests of tax authorities, tax officials as prescribed by law.
9. Take responsibility for the fulfillment of tax liabilities as prescribed by law in case the taxpayer’s legal representative or authorized representative fails to follow tax procedures.
10. Taxpayers operating businesses in areas with available information technology infrastructure must declare and pay tax and carry out transactions with tax authorities electronically as prescribed by law.
11. Based on the availability of information technology equipment, the Government shall specify the documents that regulatory authorities already have and thus can be excluded from tax declarations, applications for tax refund and other tax dossiers.
12. Develop, manage and operate systems of technical infrastructure so as to ensure e-transactions with tax authorities; sharing information related to the fulfillment of tax liabilities with tax authorities
13. Taxpayers who have entered into related-party transactions have the responsibility to create, retain, declare and provide documents on taxpayers and their related parties, including information on related parties residing in foreign countries or territories according to the Government's regulations.
Pursuant to Article 124 of the Law on Tax Administration 2019, it stipulates cases of tax enforcement, including:
1. The taxpayer’s tax has been overdue for more than 90 days.
2. The taxpayer fails to pay tax by the extended deadline.
3. The taxpayer attempts to liquidate assets or abscond.
4. The taxpayer fails to implement the tax decision by the deadline written therein, unless it is delayed.
5. A tax decision will not be enforced for up to 12 months if the tax authority charges off the tax debt; exempts late payment interest in accordance with this Law; allows payment of outstanding tax in instalments.
Payment of tax by instalments shall be considered by the supervisory tax authority of the taxpayer on the basis of the taxpayer’s request and guarantee of a credit institution. The Minister of Finance shall specify the number of instalments and procedures for tax payment by instalments.
6. Do not enforce tax payment if the taxpayer owes customs fees and transit fees.
7. The legal representative of the enterprise against which the tax decision is enforced shall fulfill its tax liability before exiting the country and may be suspended from exit in accordance with immigration laws.
Best regards!