What is deadline for paying tax after customs clearance when it is incurred in Vietnam?

What is deadline for paying tax after customs clearance when it is incurred in Vietnam?

Hello, I have the following case: I imported a shipment from China to Vietnam. After completing the procedures, I brought the goods to the company warehouse, but then I received a notice that I had to pay In addition to tax, the customs authority stated that when calculating tax, it was not fully captured, leading to additional tax. And the requirement is to declare additional tax and pay within 20 days. According to current regulations, I already know the information, so according to the newly issued law, how many days is the tax payment deadline in my case? Thanks for the answer.

Reply:

Pursuant to Clause 4, Article 55 of the Law on Tax Administration 2019 stipulates that for taxable exports and imports, deadlines for tax payment are specified in the Law on Export and import duties. In case tax is incurred after customs clearance or conditional customs clearance:

a) The deadline for submission of supplementary documents and fulfillment of the imposed tax liability is the same as that on the initial customs declaration;

b) The Minister of Finance shall specify deadlines for paying tax on goods that need to under analysis to determine tax payable, goods without official prices when the customs declaration is registered; goods for which the payment; goods for which payments and added amounts to the customs value are unknown when the customs declaration is registered.

Thus, there are two specific cases mentioned above. If you fall into case 1, you will comply with the time limit initially set by the customs authority. If you fall into case 2, you must wait for guidance documents from the Ministry of Finance. Because the law has just been issued, there is still no specific guidance document in Vietnam.

What is deadline for paying tax after customs clearance when it is incurred in Vietnam? (Image from the Internet)

What is tax payment date when paying taxes via bank in Vietnam?

Hello, may I ask how the newly promulgated law on tax administration regulates the determination of the tax payment date in case I pay tax by bank transfer? Thank!

Reply:

Pursuant to Article 58 of the Law on Tax Administration 2019, it is stipulated that determination of tax payment date as follows:

1. In case of non-cash payment of tax, the tax payment date is the date on which the State Treasury, commercial bank, credit institution or service provider extracts the tax from the taxpayer’s account or the authorized person’s account and written on the tax payment document.

2. In case of payment of tax in cash, the tax payment date is the date on which the State Treasury, tax authority or authorized collecting organization issues the tax payment document.

Thus, in case you pay taxes by bank transfer, determine the date you paid taxes as the date the bank deducted money from your account and recorded it on the tax payment voucher in Vietnam.

What are regulations on calculation of late payment interest and period in Vietnam? 

Hello, I am learning about the new tax management activities approved by the National Assembly. Please let me know what are regulations on calculation of late payment interest and period in Vietnam? 

Reply:

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, calculation of late payment interest:

2. Calculation of late payment interest:

a) The rate of late payment interest is 0,03% per day on the overdue amount;

b) The period over which late payment interest is charged is a continuous period from the day succeeding the day on which late payment interest is charged as specified in Clause 1 of this Article to the day preceding the date of payment of the outstanding tax, refunded tax, increase in tax, imposed tax.

Thus, with the above regulations in Vietnam, the late tax payment rate is 0.03%/day calculated on the late tax payment amount.

Best regards!