Circular No. 41/2026/TT-BTC Guiding the Declaration, Deduction, Payment of Tax, and Settlement of Tax on the Market for Digital Assets

 

 

CIRCULAR

Guidance on Declaration, Deduction, Payment of Tax, and Settlement of Tax
in the Cryptocurrency Market

 

Based on the Enterprise Income Tax Law No. 67/2025/QH15;

Based on the Value Added Tax Law No. 48/2024/QH15, amended and supplemented by the Laws Nos. 90/2025/QH15 and 149/2025/QH15;

Based on the Individual Income Tax Law No. 04/2007/QH12, amended and supplemented by the Laws Nos. 26/2012/QH12, 71/2014/QH13, and 56/2024/QH15;

Based on the Tax Administration Law No. 38/2019/QH14, amended and supplemented by the Law No. 56/2024/QH15;

Based on Circular No. 320/2025/NĐ-CP of the Government, detailing certain provisions and measures to organize and guide the implementation of the Enterprise Income Tax Law;

Based on Circular No. 181/2025/NĐ-CP of the Government, detailing certain provisions of the Value Added Tax Law amended and supplemented by Circular No. 359/2025/NĐ-CP;

Based on Circular No. 65/2013/NĐ-CP of the Government, detailing certain provisions of the Individual Income Tax Law and the Decree amending and supplementing certain provisions of the Individual Income Tax Law;

Based on Circular No. 126/2020/NĐ-CP of the Government, detailing certain provisions of the Tax Administration Law amended and supplemented by Circulars Nos. 91/2022/NĐ-CP and 373/2025/NĐ-CP;

Based on Decision No. 05/2025/NQ-CP of the Government, implementing a pilot program for the cryptocurrency market in Vietnam;

Based on Circular No. 29/2025/NĐ-CP of the Government, detailing the functions, powers, and organizational structure of the Ministry of Finance, amended and supplemented by Circular No. 166/2025/NĐ-CP;

In accordance with the request of the Director of the Tax Administration Bureau;

The Minister of Finance promulgates this circular to guide declaration, deduction, payment of tax, and settlement of tax in the cryptocurrency market.

 

Article 1. Scope of Application

This Circular guides the declaration, deduction, payment of tax, and settlement of tax on the cryptocurrency market as provided for in Decision No. 05/2025/NQ-CP on implementing a pilot program for the cryptocurrency market in Vietnam.

Article 2. Applicability

This Circular applies to organizations and individuals related to the scope of application specified in Article 1 of this Circular.

Article 3. Declaration, Payment, and Settlement of Tax

Organizations providing cryptocurrency services as defined in paragraph 3 of Article 3 of Decision No. 05/2025/NQ-CP (hereinafter referred to as Service Provider), organizations established and operating in accordance with the laws of Vietnam, and other organizations engaged in trading, transferring, or conducting business involving cryptocurrencies on the cryptocurrency market in Vietnam shall declare, pay tax, and settle their taxes as follows:

1. Declaration and Payment of Value Added Tax

Service Providers, organizations established and operating in accordance with the laws of Vietnam, which engage in activities specified in paragraph 2 of Article 3 of Circular No. 32/2026/TT-BTC guiding value added tax, enterprise income tax, and individual income tax for cryptocurrency transactions, shall declare and pay value added tax as follows:

The declaration form for value added tax is to be submitted in accordance with the provisions set forth in Section 2 - Appendix I of the List of Tax Declaration Documents issued under Circular No. 126/2020/NĐ-CP, detailing certain provisions of the Tax Administration Law, as amended and supplemented by Circular No. 373/2025/NĐ-CP amending and supplementing certain provisions of Circular No. 126/2020/NĐ-CP dated October 19, 2020, issued by the Government detailing certain provisions of the Tax Administration Law.

The model form for tax declaration is to be submitted in accordance with the model provided in Section II - Model Forms for Value Added Tax Declaration - Appendix II of the List of Model Forms for Tax Declarations issued under Circular No. 80/2021/TT-BTC, guiding certain provisions of the Tax Administration Law and Circular No. 126/2020/NĐ-CP dated October 19, 2020, issued by the Government detailing certain provisions of the Tax Administration Law, as amended and supplemented by Circular No. 40/2025/TT-BTC amending and supplementing certain provisions of various tax-related circulars to delineate the authority of local government authorities according to the two-tier administrative structure model.

2. Declaration, Payment, and Settlement of Enterprise Income Tax

The declaration form for enterprise income tax is to be submitted in accordance with the provisions set forth in Section 7 - Appendix I of the List of Tax Declaration Documents issued under Circular No. 126/2020/NĐ-CP, as amended and supplemented by Circular No. 373/2025/NĐ-CP.

The model form for tax declaration is to be submitted in accordance with the model provided in Section VI - Model Forms for Enterprise Income Tax Declaration - Appendix II of the List of Model Forms for Tax Declarations issued under Circular No. 80/2021/TT-BTC, as amended and supplemented by Circulars Nos. 40/2025/TT-BTC, 94/2025/TT-BTC, and 21/2026/TT-BTC.

Service Providers, organizations established and operating in accordance with the laws of Vietnam must determine their quarterly provisional tax payments to be remitted into the national treasury according to the provisions set forth in paragraph 6 of Article 8 of Circular No. 126/2020/NĐ-CP, as amended and supplemented by Circular No. 91/2022/NĐ-CP amending and supplementing certain provisions of Circular No. 126/2020/NĐ-CP dated October 19, 2020, issued by the Government detailing certain provisions of the Tax Administration Law. The provisional enterprise income tax already paid shall be offset against the enterprise income tax due upon final settlement. By no later than the last day of March in the month following the end of the calendar year or fiscal year, Service Providers, organizations established and operating in accordance with the laws of Vietnam must submit their annual tax settlement.

3. Service Providers, organizations established and operating in accordance with the laws of Vietnam shall file their tax declarations electronically. The authority receiving and processing the declaration is the competent tax authority managing such taxpayers directly. The deadlines for filing tax declarations and paying taxes are to be observed according to Chapter IV and Chapter VI of the Tax Administration Law No. 38/2019/QH14 and relevant implementing regulations.

Article 4. Withholding and Paying Tax on Behalf of, and Reporting withheld Taxes for Service Providers

1. The service provider has the responsibility to withhold and pay on behalf of the enterprise income tax and individual income tax arising from each transaction involving the transfer of digital assets where the organization is established in accordance with foreign laws (hereinafter referred to as a foreign organization) conducted through the service provider; and to withhold and pay on behalf of the individual income tax arising from each transaction involving the transfer of digital assets where individuals (including residents and non-residents) conduct such transactions through the service provider.

2. The time for withholding and determining the amount of taxes to be withheld

a) Time for Withholding: The service provider shall withhold the enterprise income tax, individual income tax due on each transaction involving the transfer of digital assets by foreign organizations and individuals at the time when the transfer of digital assets is confirmed as successful.

b) The amount of enterprise income tax and individual income tax to be withheld is determined according to the ratio specified in Clause 3, Article 4, and Article 5 of Circular No. 32/2026/TT-BTC.

3. Reporting and paying the taxes already withheld

a) The service provider shall report the taxes already withheld on a monthly basis.

b) The documents for reporting the taxes already withheld include:

b.1) The withholding tax declaration form for foreign organizations and individuals conducting digital asset transfer activities through the service provider, as per Form No. 01/TSMH issued in conjunction with this Circular.

b.2) A detailed list of the taxes already withheld for foreign organizations and individuals conducting digital asset transfer activities through the service provider, as per Form No. 01-1/BK-TSMH issued in conjunction with this Circular.

c) The form, time limit for submitting the declaration documents and paying the taxes:

The service provider shall submit the tax declaration electronically. The latest date for submission of the tax declaration is the 20th day of the month following the month when the tax obligation arises. The latest date for payment of tax is the last day of the period within which the tax declaration must be submitted.

4. The tax authority directly supervises the service provider as determined by the Director of the Tax Bureau.

Article 5. Responsibilities of Service Providers

1. To perform withholding, report and pay taxes accurately and completely in accordance with the information provided by foreign organizations and individuals under tax management laws; to bear legal responsibility for the accuracy, truthfulness, and completeness of the tax records.

2. To manage investor accounts; to retain complete and accurate transaction data, including details of digital asset transfers per transaction, relevant information, and documents necessary for determining the amount of taxes to be withheld and the taxes already withheld by taxpayers in accordance with tax management laws.

3. To issue withholding tax certificates for digital asset transfer activities according to Form No. 01/CTKT-TSMH issued in conjunction with this Circular electronically to taxpayers on an annual basis.

4. To establish, operate a technological information system and manage transaction data of digital assets ensuring the capability to extract, aggregate annually, and convert data into a format compatible with the tax authority's management system.

5. To provide complete and timely documents, materials, and data related to digital asset transfer activities through the service provider in response to requests from the tax authority in accordance with tax management laws.

Article 6. Implementation Rules

1. This Circular shall take effect from April 6, 2026 and shall be implemented on a trial basis in accordance with the provisions stipulated at Clause 9 of Article 4 and Clauses 2 and 3 of Article 18 of Resolution No. 05/2025/NQ-CP.

2. Where there are no guidelines provided herein for tax management, such matters shall be implemented in accordance with the current provisions of tax management laws.

3. In the course of implementation, if any difficulties arise, it is requested that organizations and individuals promptly report to the Ministry of Finance for guidance./.

 

 

 

 

 

Independence - Freedom - Happiness
PERSONAL WITHHOLDING TAX DECLARATION FOR RESIDENTS, NON-RESIDENTS AND FOREIGN ORGANIZATIONS ENGAGING IN CRYPTOASSET TRANSFER ACTIVITIES
_________________________

[01] Tax Period: Month ... Year ...
[02] First Time: □
[03] Supplementary Submission:...

I.

 

[05] Tax Registration Number: … [06] Address: …

[07] Ward/District/Special Zone:…[08] Province/City: … ............................................................

[09] Telephone:…[10] Email:…

Tax Agent (if applicable):

[12] Tax Registration Number: …

[13] Tax Agency Contract: No.: …Date: …

[11] II. ......................................................................................

Summary of Tax Obligations for the Period

Unit of Currency: Vietnamese Dong

STT Indicator

Code

Practice Certificate Number: …

 

 

 

 

 

[03] Supplementary Submission:...

[04] Name of the organization providing services:
[05] Tax Registration Number: …

Unit of Currency: Vietnamese Dong

STT

 

Resident Identity Card Number (for individuals without a tax registration number) .......................................................................................

Nationality

 

Date of Birth

 

(Signature, full name; position and seal if applicable)/ Electronic Signature

 

__________________________

Information on Controlling Individual (Indicator [22]): Applies to cases where the service user is a foreign organization. The service provider shall declare information on the individual(s) with actual control over the foreign organization as provided by the foreign organization, including at least: full name, country for tax purposes, nationality and identification information. In case of two or more individuals controlling an organization, information on each controlling individual should be declared.

1. Abbreviations: CCCD: Citizen Identity Card; MST: Tax Registration Number.

2. Trading Account Identifier of Investor (Indicator [14]): The account identifier issued to the investor when opening an account with a service provider of digital assets.

3. Digital Asset Identifier (Indicator [15]): Records the identifying code of the digital asset used in transactions (e.g., BTC, ETH, USDT). In case the digital asset does not have a commonly recognized identifying code on the market, disclose according to the identifier assigned by the service provider of digital assets for use in the transaction management system.

4. Digital Token Contract Address (Indicator [16]): Records the smart contract address of the token on the corresponding blockchain network (if applicable).

5. Price/Revenue from Transfer of Digital Asset (Indicator [20]): Disclose the price or revenue from the transfer of a digital asset arising from each transaction involving foreign individuals or organizations.

6. Withheld Tax Information (Indicator [21]): Disclose the amount of individual income tax, corporate income tax withheld arising from each transaction involving foreign individuals or organizations.

7. Personal Information of Control Person (Indicator [22]): Applies to cases where the service user is a foreign organization. The service provider shall disclose information about the natural person who has actual control over the foreign organization based on information provided by the foreign organization, including at least: name, country for tax residence, nationality, and identification information. In case there are two or more controlling persons in the organization, disclose the information of each controlling person.

8. The data in the fields of Form No. 01-1/BK-TSMH must be provided by the electronic storage service provider in an electronic form and ensure the capability to extract and output data in a structured format (including XML format or equivalent) for the tax authority's management, reconciliation, and compilation of information as prescribed by the law on tax administration.

 

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
________________________

INVOICE FOR TAX CREDIT FOR INDIVIDUALS RESIDENT AND NON-RESIDENT FOREIGN ORGANIZATIONS ENGAGING IN THE TRANSFER OF DIGITAL ASSETS
Year:...
Form number:

Code:

 

[01] Name of organization: ... [02] Tax registration number: ...

[03] Address: ...

[04] Telephone: ...

II.

INFORMATION ON INDIVIDUALS, FOREIGN ORGANIZATIONS

[05] Digital asset account name: ... [06] Name of foreign organization/Name of individual: ...

[07] Tax registration number: ...

[08] Nationality: ...

[09] Address: ...

[10] Telephone: ...[11] Email: ...

[12] Personal identification number (ID card number)/Passport/Identification document of individual

(In case no tax registration number is available): ...

III.

INFORMATION ON THE WITHHELD TAX

[13] Price/revenue from the transfer of digital assets: ... [14] Withheld personal income tax/withheld corporate income tax amount: ...

..., date: ...month: ...year: ...

REPRESENTATIVE OF THE ORGANIZATION CREDITING AND PAYING ON BEHALF