Forms of receiving taxpayer registration applications in Vietnam

Forms of receiving taxpayer registration applications in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Forms of receiving taxpayer registration applications in Vietnam

According to Clause 2, Article 41 of the Law on Tax Administration 2019, tax authorities shall receive taxpayer registration applications from taxpayers:

- In person at tax authorities;

- By post; or

- Electronically via portals of tax authorities and via the National business registration portal.

2. Rights of taxpayers in Vietnam

Rights of taxpayers according to Article 16 of the Law on Tax Administration 2019 are as follows:

- Receive assistance and guidance when paying tax; provide information and/or materials to fulfill tax liabilities and exercise tax rights.

- Receive documents related to tax liabilities from competent authorities upon inspections, reviews and/or audits.

- Request tax authorities to explain tax calculation and/or tax liability imposition; request assessment of quantity, quality, types of imported and/or exported goods.

- Have confidentiality of information protected, except information that must be provided for competent authorities or tax-related public information as prescribed by law.

- Enjoy tax incentives and/or tax refund in accordance with tax regulations; be informed of tax refund schedule, non-refundable tax and legal bases of non-refundable tax.

- Sign contracts with tax agents and/or customs agents.

- Receive tax decisions, tax audit/inspection records; request explanation for contents of tax handling decisions; having opinions recorded in audit/inspection records; receive audit/inspection conclusion documents and tax decisions after inspections/audits by tax authorities. 

- Receive compensation for damage caused by tax authorities and/or tax officials as prescribed by law.

- Request tax authorities to confirm the fulfillment of their tax liabilities.

- File complaints, initiate legal proceedings against administrative decisions and/or actions related to their legitimate rights and benefits.

- Enjoy exemption from penalties for administrative tax offences, exemption from late payment interest for cases where taxpayers comply with guidelines and handing decisions of tax authorities and/or state authorities on determination of their tax liabilities.

- Report violations committed by tax officials, other organizations and/or individuals in accordance with provisions on reporting.

- Access and print all electronic records that taxpayers have sent to web portals of tax authorities as prescribed in this Law and law on e-transactions.

- Use electronic records in transactions with tax authorities and relevant organizations and/or individuals.

3. Responsibilities of taxpayers

Responsibilities of taxpayers according to Article 17 of the Law on Tax Administration 2019 are as follows:

- Apply for taxpayer registration and use TINs as prescribed by law.

- Declare tax accurately, honestly and adequately and submitting tax dossiers on time; take legal responsibility for the accuracy, honesty and adequacy of tax dossiers.

- Pay tax, late payment interest and/or penalties fully, on schedule and at the right location.

- Conform to regulations on accounting, statistics and management, use of invoices and records as prescribed by law.

- Truthfully and fully record the taxable activities and transactions.

- Issue and deliver invoices and records to buyers with the correct quantity, type and actual payment amount when selling goods and/or providing services as prescribed by law.

- Provide information and/or materials related to the determination of tax liabilities accurately, fully and promptly, including information on investment value; transaction IDs and contents of accounts opened at commercial banks and/or other credit institutions; explain declared tax and/or tax payment as requested by tax authorities.

- Comply with decisions, notifications and requests of tax authorities, tax officials as prescribed by law.

- Take responsibility for the fulfillment of tax liabilities as prescribed by law in case the taxpayer’s legal representative or authorized representative fails to follow tax procedures.

- Taxpayers operating businesses in areas with available information technology infrastructure must declare and pay tax and carry out transactions with tax authorities electronically as prescribed by law.

- Based on the availability of information technology equipment, the Government shall specify the documents that regulatory authorities already have and thus can be excluded from tax declarations, applications for tax refund and other tax dossiers.

- Develop, manage and operate systems of technical infrastructure so as to ensure e-transactions with tax authorities; sharing information related to the fulfillment of tax liabilities with tax authorities

- Taxpayers who have entered into related-party transactions have the responsibility to create, retain, declare and provide documents on taxpayers and their related parties, including information on related parties residing in foreign countries or territories according to the Government's regulations.

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