Vietnam: What is the maximum amount of time limit for taxpayers to have the tax payment for imports and exports deferred?

LawNet would like to answer this question as follows:

According to Clause 3 Article 135 of Circular No. 38/2015/TT-BTC amended by Clause 68 Article 1 of Circular No. 39/2018/TT-BTC of the Ministry of Finance of Vietnam, the amount of tax, late payment interest, fines that are deferred is specified as follows:

- In case the taxpayer suffers from physical damage caused by natural disasters, fire, unexpected accidents, which affect the business, the deferrable tax, late payment interest, and fines are the outstanding tax, late payment interest and fines up to the time when the natural disaster, fire, or unexpected accident occurs. The deferrable amount must not exceed the difference between the value of physical damage incurred by the taxpayer and the compensation provided. The duration of tax deferral shall not exceed 02 years from the deadline for paying tax.

- In case the operation is suspended when moving the premises at the request of competent authorities, which affect the business, the deferrable tax, late payment interest, and fines are the outstanding tax, late payment interest and fines up to the time when the operation is suspended. The deferrable amount must not exceed the expenditure on moving and the damage done by the move. The duration of tax deferral shall not exceed 01 years from the deadline for paying tax.

- In case the taxpayer is not able to pay tax on schedule because the production or preservation cycle of materials and supplies imported to produce exports is longer than 275 days, or the customer terminates the contract or extends the delivery deadline, the deferrable tax, late payment interest, and fines are the outstanding tax, late payment interest, and fines corresponding to the amount of materials and supplies imported to produce exports that are not exported within 275 days. The duration of tax deferral shall not exceed 02 years from the deadline for paying tax.

- For other cases of special difficulties, the deferrable tax, late payment interest, and fines are the outstanding tax, late payment interest, and fines incurred by the taxpayer due to other special difficulties. The duration of tax deferral shall not exceed 01 years from the deadline for paying tax.

Thus, depending on each case, the amount of tax, late payment interest, fines to be deferred is different, the law does not prescribe a specific level for these cases.

Nguyen Trinh

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