Vietnam: Is the business identification number the same as TIN?

Vietnam: Is the business identification number the same as TIN? (Internet image)

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

1. Is the business identification number the same as TIN?

According to Clause 2, Article 5 of Circular 105/2020/TT-BTC, a business identification number, cooperatives identification number, identification number of affiliated entity of enterprise or cooperative that is issued in accordance with the law on registration of enterprises or cooperatives is also a taxpayer identification number.

At the same time, according to Clause 1, Article 8 of Decree 01/2021/ND-CP, each enterprise is issued with a single enterprise ID number. This number is also the enterprise’s taxpayer identification number (TIN) and social insurance participant’s code.

Thus, the business identification number is also the TIN.

2. Regulations on structure of TIN in Vietnam

The structure of TIN according to Clause 1, Article 5 of Circular 105/2020/TT-BTC is stipulated as follows:

N₁N₂N₃N₄N₅N₆N₇N₈N₉N₁₀ - N₁₁N₁₂N₁₃

Where:

- The first two digits N₁N₂ indicate the province that issues TINs

- Seven digits N₃N₄N₅N₆N₇N₈N₉ are formed in a definite element in ascending order from 0000001 to 9999999.

- N₁₀ is the check digit.

- Three digits N₁₁N₁₂N₁₃ are formed in ascending order from 001 to 999.

- A dash (-) is used to separate the first 10-digit element and the last 3-digit element.

3. Regulations on enterprise identification (EID) number in Vietnam

Regulations on enterprise identification (EID) number in Vietnam under Clause 1, Article 29 of the Law on Enterprises 2020 and Clauses 1, 2, 3 and 4, Article 8 of Decree 01/2021/ND-CP are as follows:

- EID number is a serial number generated by the National Enterprise Registration Information System, issued to the enterprise when it is created and written on the Certificate of Enterprise Registration. Each enterprise shall have a sole EID number, which must not be issued to any other enterprise.

- The EID number shall be used for paying taxes, following administrative procedures, exercising and performing other rights and obligations.

- Each enterprise is issued with a single enterprise ID number. This number is also the enterprise’s taxpayer identification number (TIN) and social insurance participant’s code.

- The enterprise ID number exists throughout its operation and shall not be issued to any other entity. When an enterprise ceases to operate, the enterprise ID number will be invalidated.

- Enterprise ID numbers are created, sent and received automatically by the National Enterprise Registration Information System, tax registration information system, and written on enterprise registration certificates.

- Regulatory agencies shall uniformly use enterprise ID numbers to perform state management tasks and exchange information about enterprises.

4. Prohibited acts of enterprises in Vietnam

Prohibited acts of enterprises under Article 16 of the Law on Enterprises 2020 include:

- Issuing or refusing to issue the Certificate of Enterprise registration against regulations of of the Law on Enterprises 2020; requesting the founder to submit additional documents against regulations of of the Law on Enterprises 2020;

Delaying, obstructing, harassing enterprise founders and business operation of enterprises.

- Obstructing the enterprise’s owner, members/partners/shareholders from performing their rights and obligations prescribed in of the Law on Enterprises 2020 and the enterprise’s charter.

- Doing business as an enterprise without applying for enterprise registration; carrying on busines operation after the Certificate of Enterprise Registration has been revoked or while the enterprise is being suspended.

- Providing dishonest or incorrect information in the enterprise registration application or application for changes to enterprise registration information.

- Declaring false charter capital; failure to contribute adequate charter capital as registered; deliberate contribution of assets with false value.

- Engaging in banned business lines or business lines from which foreign investors are banned; engaging in restricted business lines without fulfillment of conditions or failure to maintain fulfillment of conditions during operation in restricted business lines.

- Frauds, money laundering, terrorism financing.

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