Amending Law on Tax Administration 2012 of Vietnam: Deadlines for paying tax

According to Clause 11 Article 1 of the Amending Law on Tax Administration 2012 of Vietnam amending and supplementing Article 42 of the Law on Tax administration 2006, deadlines for paying tax are specified as follows:

- In case the tax is calculated by the taxpayer, the deadline for paying tax is the deadline for submitting the tax declaration.

- In case the tax is calculated or imposed by the tax authority, the deadline for paying tax shall be written on the notice of the tax authority.

The deadlines for paying taxes on incomes from land and registration fee are specified by the Government and relevant laws.

- The deadlines for paying taxes on exports and imports:

+ The goods is materials imported for producing exports, the time limit for paying tax is two hundred and seventy five days as from the date of registration of the customs declaration sheet if the enterprise:

• Has a factory that produces exports in Vietnam;

• Engages in export and import for at least consecutive 02 years by the date of registration of the customs declaration sheet without committing any acts of trade fraud, tax evasion, overdue tax, late payment interest, fines;

• Comply with the laws on accounting and statistics;

• Make payments via banks as prescribed by law.

If the requirements above are not satisfied, but the tax payable is underwritten by a credit institution, then the time limit for paying tax is the period of underwriting, but must not exceed two hundred and seventy five days as from the date of registration of the customs declaration sheet, and the late payment interest is exempted during the underwriting period.

If the requirements above are not satisfied, but the tax payable is not underwritten by a credit institution, then the tax must be paid before the customs clearance is granted or before the goods are released;

+ Taxes on goods being temporarily imported for re-export must be paid before completing the customs procedures for temporarily importing goods.

If the tax payable is underwritten by a credit institution, then the time limit for paying tax is the underwriting period, but must not exceed fifteen days as from the deadline for temporary import for re-export, and the late payment interest is exempted during the underwriting period;

+ The taxes on goods not falling into the above cases must be paid before the customs clearance is granted or before the goods are released.

If the tax payable is underwritten by a credit institution, then the customs clearance shall be granted or the goods shall be released, but the late payment interest must be paid as prescribed in Article 106 of the Law on Tax administration 2006; The maximum underwriting period is 30 days as from the registration date of the customs declaration sheet;

+ If the taxpayer underwritten by a credit institution has not paid tax and the late payment interest (if any) the underwriter shall pay tax and late payment interest on the tax payer’s behalf.

View more: The Amending Law on Tax Administration 2012 of Vietnam takes effect from July 01, 2013.

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