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red-check General regulations on tax policy and tax declaration, payment from December 5th, 2020

Decree No. 126/2020/ND-CPstatus2 dated October 19th, 2020 of the Government on
Posted: 22/10/2020 7:32:46 AM | Latest updated: 31/10/2022 9:04:41 AM (GMT+7) | LuatVietnam: 5072 | Vietlaw: 488
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This Decree provides for new regulations on tax registration, tax declaration and payment, policies on tax reduction, exemption, and cancellation, debt freezing, and tax-related enforcement as well as templates of forms, dossiers for declaration of each type of tax.

According to this Decree, enterprises suffering from physical damages caused by wars, riots, strikes and incidents shall also considered suffering from damages caused by other force majeure events. Accordingly, the enterprises shall be considered for extension of time limit for tax payment, exemption from late payment interests, fines (Article 3).

The following cases shall be entitled to exemption from submission of tax declaration dossier: The taxpayer only has business operations that are not subject to any tax; the taxpayer is an individual earning tax-free income; an export processing enterprise that only exports (it is not required to declare value added tax); the taxpayer’s business suspension is suspended; the taxpayer applies for TIN invalidation (Article 7).

This Decree takes effect from December 5th, 2020. However, the policies on tax reduction, exemption, cancellation at this Decree shall be applied from July 1st, 2020.

To replace Decree No. 83/2013/ND-CPstatus1 dated July 22nd, 2013; Article 4 of Decree No. 91/2014/ND-CPstatus2 dated October 1st, 2014; Clause 1 thru Clause 11 Article 5 of Decree No. 12/2015/ND-CPstatus2 dated February 12th, 2015; Article 3, Article 4 of Decree No. 100/2016/ND-CPstatus2 dated July 1st, 2016; Clauses 1, 2, 3 and 4 Article 5 of Decree No. 139/2016/ND-CPstatus2 dated October 4th, 2016; Clause 3 and Clause 4 Article 1 of Decree No. 22/2020/ND-CPstatus2 dated February 24th, 2020; Clause 3 Article 13a of Decree No. 45/2014/ND-CP dated May 15th, 2014; Clause 3 Article 21 of Decree No. 46/2014/ND-CPstatus2 dated April 15th, 2014; Article 27, Article 30 of Decree No. 65/2013/ND-CPstatus2 dated June 27th, 2013; Points a and b Clause 3 Article 9 of Decree No. 67/2019/ND-CPstatus2 dated July 31st, 2019; Clause 1 Article 13, Clause 1 Article 14, Annex IV promulgated together with Decree No. 82/2017/ND-CPstatus2 dated July 17th, 2017; Clause 4 Article 14 of Decree No. 45/2014/ND-CP dated May 15th, 2014; Clause 3 and Clause 4 Article 24 of Decree No. 46/2014/ND-CPstatus2 dated May 15th, 2014; Article 7 of Decree No. 53/2011/ND-CPstatus2 dated July 1st, 2011; Points a, b, c, d, and dd Clause 4 Article 1 of Decree No. 20/2019/ND-CPstatus1 dated February 21st, 2019; Article 17 thru Article 53 Decree No. 129/2013/ND-CPstatus2 dated October 16th, 2013; Article 25 thru Article 69 of Decree No. 127/2013/ND-CPstatus1 dated October 15th, 2013; Clause 20, Clause 21 Article 1 of Decree No. 45/2016/ND-CPstatus1 dated May 26th, 2016.

Amendement notes
  • Please be informed that the attachments are neither translated nor included in the English file.
  • See more the amendments, supplements at Decree No. 91/2022/ND-CP dated October 30th, 2022.
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Related documents

Penalty document

red-check 125/2020/NĐ-CPRegulations on administrative penalties for tax or invoice-related violations

Information

Effective Date 5-Dec-2020
ExpiredDate Unknown
Published Vietlaw's Newsletter No. 488

Files attachment

enflag pdficon ND126_19102020CP[EN].pdf

Timeline

Tax declaration

blue-check Amendments to the regulation on the minimum ratio of provisional CIT to be paid
blue-check Key amendments in Decree No. 91/2022/ND-CP regarding tax declaration
blue-check [Merged] - New methods for calculation, declaration and payment of tax incurred by individual businesses
blue-check
blue-check It is still required to submit tax declaration dossier in case of revocation of enterprise registration certificate
blue-check It is required to use a separate TIN upon paying tax on behalf of a foreign contractor
blue-check How to declare and pay taxes upon contributing capital by brand property right
blue-check How to calculate CIT to be distributed to the locality where a factory is located
blue-check Process of online tax registration for individuals who do not conduct business
blue-check Foreign suppliers may make online tax registration at website https://etaxvn.gdt.gov.vn
blue-check Guidance on procedures for issuance of certificate of eligibility for business in tax procedure services from March 12th, 2022
blue-check Forms and procedures for tax declaration from January 1st, 2022
blue-check Introduction of some new regulations on tax incurred by individual businesses
blue-check Tax authorities may request banks to provide information about accounts of enterprises
blue-check Effective period of an advance pricing agreement is shortened to 3 years
red-check New method for calculation and payment of taxes incurred by individual businesses
blue-check Regulations on assessment of levels of risks of taxpayers from July 2nd, 2021
blue-check Regarding PIT declaration made by representative offices
blue-check Regarding organization of tax administration in Thu Duc city
blue-check Issues relating to taxes on donations received from parent company outside Vietnam