Penalties for Late Submission of Tax Returns and Late Tax Payment in Vietnam

Duy Thinh

17:43, 10/07/2024

The late submission of tax returns and late payment of taxes are common behaviors among taxable organizations and individuals in Vietnam. Recently, Lawnet has also received numerous inquiries regarding the penalties for these actions. To address these questions and facilitate convenient tracking for our members, Lawnet would like to share a summary of specific penalty levels in the table below.

No.	Violation	Penalty	If mitigating circumstances per Article 9 Law on Administrative Sanctions	If aggravating circumstances per Article 10 Law on Administrative Sanctions
1	Submitting tax return files late from 01 to 05 days		Warning
2	Submitting tax return files late from 01 to 10 days (if late from 1 to 5 days and with mitigating circumstances, penalize as a warning as in case 1)	700,000 VND	Minimum is 400,000 VND	Maximum not exceeding 1,000,000 VND
3	Submitting tax return files late from 10 to 20 days	1,400,000 VND	Minimum is 800,000 VND	Maximum not exceeding 2,000,000 VND
4	Submitting tax return files late from 20 to 30 days	2,100,000 VND	Minimum is 1,200,000 VND	Maximum not exceeding 3,000,000 VND
5	Submitting tax return files late from 30 to 40 days	2,800,000 VND	Minimum is 1,600,000 VND	Maximum not exceeding 4,000,000 VND
6	- Submitting tax return files late from 40 to 90 days. - Submitting tax return files late over 90 days but no tax liability arises. - Submitting tax return files over 90 days after the deadline, but has voluntarily paid the full tax amount before the tax authority issues an administrative violation record. - Not submitting tax return files but no tax liability arises (except for cases where the law stipulates that no tax return files need to be submitted). - Submitting provisional quarterly tax return files late over 90 days from the deadline but before the annual final tax return deadline.	3,500,000 VND	Minimum is 2,000,000 VND	Maximum not exceeding 5,000,000 VND
7	Late payment of taxes compared to the prescribed deadline, extension deadline, notification deadline of the tax management authority, or decision on handling timeline	0.03%/day calculated on the late tax amount

Legal Basis:

- Law on Amendments and Supplements to a Number of Articles of the Law on Value-Added Tax, Law on Special Consumption Tax, and Law on Tax Administration 2016.

- Clause 1 Article 3 Decree 100/2016/ND-CP;

- Clause 3 Article 3 Circular 130/2016/TT-BTC;

- Article 9 Circular 166/2013/TT-BTC.

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- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
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