12 contents on management of other amounts payable to state budget of Vietnam

Specifically, according to Article 5 of the Decree No. 126/2020/NĐ-CP of Vietnam’s Government, contents on management of other amounts payable to state budget are prescribed as follows:

1. Payers shall make the payment by the deadline written on the notice issued by the collecting authority. A payer that fails to fully or punctually make the payment shall pay late payment interest and face enforcement measures as per regulations.

2. Collecting authorities shall receive documents, accurately calculate the amounts payable, send notices specifying the amounts and payment deadline to the payers and local tax authorities of the payers.

3. Payments, installments and deferment: The payer shall make the payment by the deadline specified in the declaration or the notice issued by the competent authority, except for certain cases specified in this Decree. In case a supplementary declaration is made, the deadline written on the original declaration is still applicable.

4. Late payments to the state budget shall be handled in accordance with Article 59 of the Law on Tax Administration of Vietnam.

5. Overpaid amounts shall be handled in accordance with Articles 60, 70, 71, 72 and 76 of the Law on Tax Administration of Vietnam.

6. Exemption and reduction of amounts payable to the state budget shall be granted in accordance with applicable legislative documents. In case a legislative document provides for exemption or reduction of certain amounts payable to state budget without specifying the documentation and procedures, Articles 80, 81 and 82 of the Law on Tax Administration of Vietnam shall apply.

7. Debt freezing: Debt will be frozen in the cases specified in Article 83 of the Law on Tax Administration of Vietnam, unless otherwise prescribed by the applicable legislative documents.

8. Writing off state budget payables: A state budget payable will be written off (canceled) in the cases specified in Article 85 of the Law on Tax Administration of Vietnam, except land levy, land rent, water surface rent and paddy land protection and development charge.

9. Inspection: Tax authorities shall carry out inspection of the payables under their management in accordance with the Law on Tax Administration of Vietnam and inspection laws. Inspection of the payables that are not under management of tax authorities shall be carried out in accordance with inspection laws and legislative documents applicable to such payables.

10. Enforcement of administrative decisions relevant to management of other amounts: Payment of other amounts shall be enforced in the cases specified in Article 124 of the Law on Tax Administration of Vietnam.

11. Administrative penalties: Administrative penalties for offenses relevant to other state budget payables under management of tax authorities shall be imposed in accordance with the Law on Tax Administration of Vietnam and administrative penalty laws. Administrative penalties for offenses relevant to other state budget payables that are not under management of tax authorities shall be imposed administrative penalty laws and applicable legislative documents.

12. Complaints, denunciations and lawsuits: Complaints, denunciations and lawsuits relevant to other amounts shall comply with Articles 147, 148 and 149 of the Law on Tax Administration of Vietnam and relevant laws.

View more details at the Decree No. 126/2020/NĐ-CP of Vietnam’s Government, effective from December 05, 2020.

Ty Na

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