Contents of the tax refund process in Vietnam

Contents of the tax refund process in Vietnam

According to Decision 679/QD-TCT, the tax refund process includes the following contents:

(1) Receipt of application for a tax refund as prescribed in Articles 32 and 43 of Circular 80/2021/TT-BTC in the following cases:

- Tax refund according to the provisions of tax law.

- Payment and refund of advance tax and value-added tax refund service fees to commercial banks: Dossier of refund request shall comply with the provisions of Point g, Clause 2, Article 28 of Circular 80/2021/TT-BTC.

- Tax refund for cases of ownership conversion, enterprise transformation, merger, consolidation, division, separation, dissolution, bankruptcy, or termination of the operation.

- Refund of personal income tax for individuals who directly finalize taxes with tax authorities: Tax refund dossiers for individuals earning incomes from salaries and wages directly finalizing tax with tax authorities according to the provisions at point b, clause 1, Article 42 of Circular 80/2021/TT-BTC.

- Refund of other overpayments.

(2) Classification of tax refund dossiers according to the provisions of Articles 33 and 44 of Circular 80/2021/TT-BTC:

- Classification of tax refund dossiers according to the provisions of tax law.

- Classification of payment records, refund of advance tax, and service charge for VAT refund for commercial banks.

- Classification of tax refund dossiers for cases of ownership transformation, enterprise transformation, merger, consolidation, division, separation, dissolution, bankruptcy, and operation termination.

- Classification of personal income tax refund dossiers for individuals who directly finalize tax with tax authorities.

- Classification of other overpaid refund dossiers.

(3) Settle tax refund dossiers according to the provisions of Articles 34 and 45 of Circular 80/2021/TT-BTC.

(4) Evaluation of tax refund dossiers: Appraisal of dossiers subject to appraisal according to the provisions of Regulation on the issuance of legal opinions on draft proposals for the formulation of legal documents, draft legal documents, and appraisal of the draft administrative documents issued by tax authorities at all levels together with Decision 1033/QD-TCT dated June 1, 2018, of the General Director of Taxation and replaced, amended and supplemented documents (if any).

(5) Tax refund decision:

- Issuing a decision on the tax refund or decision on tax refund cum clearing of state budget revenues, notice on non-refundable tax (according to Articles 36 and 46 of Circular 80/2021/TT-BTC).

- Issue a decision on payment to the bank acting as a VAT refund agent according to the provisions of Article 36 of Circular 80/2021/TT-BTC, Article 21 of Circular 72/2014/TT-BTC (amended in Circular 92/2019/TT-BTC).

(6) Issue an order to refund state budget revenues or an order to return and offset state budget revenues per regulations on the implementation of the state budget accounting regime and professional operations of the State Treasury.

(7) Withdrawal of tax refund according to the provisions of Article 40, Article 50 of Circular 80/2021/TT-BTC.

More details can be found in Decision 679/QD-TCT in 2023, effective from the date of signing.

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