Decree No. 64/2024/ND-CP Extending the Deadline for Paying Value Added Tax, Corporate Income Tax, Personal Income Tax, and Land Rent in 2024

Issuing authority: Government Office

DECREE
Extension of the deadline for paying value-added tax, corporate income tax, personal income tax, and land rental fees in 2024

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Tax Administration dated June 13, 2019;

At the proposal of the Minister of Finance,

The Government issues this Decree to extend the deadlines for paying value-added tax, corporate income tax, personal income tax, and land rental fees in 2024.

Article 1. Scope of Regulation

This Decree stipulates the extension of deadlines for payment of value-added tax, corporate income tax, personal income tax, and land rental fees.

Article 2. Applicability

The subjects to which this Decree applies include: taxpayers; tax authorities; tax officials; other state agencies, organizations, and individuals related to the matter.

Article 3. Subjects eligible for extension

1. Enterprises, organizations, households, business households, and individuals engaged in production activities in the following economic sectors:

a) Agriculture, forestry, and fisheries;

b) Food production and processing; textile manufacturing; garment production; leather production and related products; wood processing and production of wood products, bamboo, and rattan (excluding beds, cabinets, tables, and chairs); production of straw and reed products and woven materials; paper and paper product production; rubber and plastic product production; other non-metallic mineral product production; metal production; mechanical processing; metal surface treatment and coating; electronic, computer, and optical product production; automobile and other motor vehicle production; bed, cabinet, table, and chair production;

c) Construction;

d) Publishing activities; film production, television program production, sound recording, and music publishing;

đ) Crude oil and natural gas extraction (extension does not apply to corporate income tax on crude oil, condensate, and natural gas collected under agreements and contracts);

e) Beverage production; printing and reproduction of recorded media; coke and refined petroleum product production; chemical and chemical product production; precast metal product production (excluding machinery and equipment); motorcycle and bicycle production; repair, maintenance, and installation of machinery and equipment;

g) Sewage and wastewater treatment.

2. Enterprises, organizations, households, business households, and individuals engaged in business activities in the following economic sectors:

a) Transportation and warehousing; accommodation and food service activities; education and training; health care and social assistance; real estate business activities;

b) Employment agency services; travel agency operations, tour organization, and related support services;

c) Artistic creation, artistic, and entertainment activities; library, archive, museum, and other cultural activities; sports, leisure, and entertainment activities; film projection activities;

d) Broadcasting and television activities; computer programming, consulting, and other computer-related activities; information service activities;

đ) Mining support services.

The list of economic sectors mentioned in Clause 1 and Clause 2 of this Article is determined according to Decision No. 27/2018/QĐ-TTg dated July 6, 2018 of the Prime Minister on the issuance of the system of Vietnam's economic sectors.

The economic sectors according to Appendix I attached to Decision No. 27/2018/QĐ-TTg include five levels, and the determination of economic sectors follows the principle that if the name of the economic sector mentioned in Clause 1 and Clause 2 of this Article belongs to Level 1, then the economic sector subject to the extension provision includes all sub-sectors at Levels 2, 3, 4, and 5 under Level 1; if it belongs to Level 2, then the economic sector subject to the extension provision includes all sub-sectors at Levels 3, 4, and 5 under Level 2; if it belongs to Level 3, then the economic sector subject to the extension provision includes all sub-sectors at Levels 4 and 5 under Level 3; if it belongs to Level 4, then the economic sector subject to the extension provision includes all sub-sectors at Level 5 under Level 4.

3. Enterprises, organizations, households, business households, and individuals engaged in the production of priority supporting industrial products; key mechanical products.

Priority supporting industrial products are determined according to Decree No. 111/2015/NĐ-CP dated November 3, 2015, issued by the Government on the development of supporting industries; key mechanical products are determined according to Decision No. 319/QĐ-TTg dated March 15, 2018, issued by the Prime Minister approving the Strategy for the Development of the Mechanical Industry in Vietnam until 2025 with a vision to 2035.

4. Small and micro enterprises are defined according to the Law on Supporting Small and Medium Enterprises 2017 and Decree No. 80/2021/NĐ-CP dated August 26, 2021, issued by the Government detailing certain provisions of the Law on Supporting Small and Medium Enterprises.

The economic sectors and fields of business of enterprises, organizations, households, individual businesses, and business individuals specified in Clause 1, Clause 2, and Clause 3 of this Article refer to the economic sectors and fields where enterprises, organizations, households, individual businesses, and business individuals engage in production, business operations, and generate revenue in 2023 or 2024.

Article 4. Extension of Tax Payment Period and Land Rent Payment

1. Regarding Value Added Tax (VAT) (excluding import VAT)

a) Extension of the deadline for paying value-added tax arising from the period from May to September 2024 (for monthly VAT declaration cases) and the second quarter of 2024 and third quarter of 2024 (for quarterly VAT declaration cases) for enterprises and organizations specified in Article 3 of this Decree. The extension period is five months for May 2024 VAT, six months for June 2024 VAT, and second quarter 2024 VAT, four months for July 2024 VAT, three months for August 2024 VAT, and two months for September 2024 VAT and third quarter 2024 VAT. The extension period starts from the last day of the VAT payment deadline as prescribed by tax management laws.

Enterprises and organizations eligible for the extension shall declare and submit VAT returns as prescribed by current laws but are not required to pay the VAT due on the declared return immediately. The extended deadlines for VAT payment are as follows:

The deadline for paying VAT for the May 2024 tax period is no later than November 20, 2024.

The deadline for paying VAT for the June 2024 tax period is no later than December 20, 2024.

The deadline for paying VAT for the July 2024 tax period is no later than December 20, 2024.

The deadline for paying VAT for the August 2024 tax period is no later than December 20, 2024.

The deadline for paying VAT for the September 2024 tax period is no later than December 20, 2024.

The deadline for paying VAT for the second quarter of 2024 tax period is no later than December 31, 2024.

The deadline for paying VAT for the third quarter of 2024 tax period is no later than December 31, 2024.

b) In cases where enterprises and organizations specified in Article 3 of this Decree have branches or subordinate units that declare VAT separately with the direct tax authority managing those branches or units, these branches or units also fall within the scope of the VAT payment extension. If branches or subordinate units of enterprises and organizations specified in Clause 1, Clause 2, and Clause 3 of Article 3 of this Decree do not engage in production and business activities in the economic sectors and fields eligible for the extension, then such branches or units are not within the scope of the VAT payment extension.

2. Regarding Corporate Income Tax

a) Extension of the deadline for paying provisional corporate income tax for the second quarter of the 2024 corporate income tax year for enterprises and organizations specified in Article 3 of this Decree. The extension period is three months, starting from the last day of the corporate income tax payment deadline as prescribed by tax management laws.

b) In case enterprises or organizations mentioned in Article 3 of this Decree have branches or subordinate units that declare corporate income tax separately with the directly managing tax authority of such branches or subordinate units, these branches or subordinate units also fall within the scope of entities eligible for extended payment deadlines for corporate income tax. In cases where branches or subordinate units of enterprises or organizations mentioned in Clauses 1, 2, and 3 of Article 3 of this Decree do not engage in business activities within the economic sectors or fields eligible for extension, these branches or subordinate units do not fall within the scope of entities eligible for extended payment deadlines for corporate income tax.

3. Regarding Value Added Tax and Personal Income Tax of Business Households and Individual Businesses

Extend the deadline for paying value-added tax and personal income tax on the amount of tax payable arising in 2024 for households and individuals engaged in business activities within the economic sectors or fields specified in Clauses 1, 2, and 3 of Article 3 of this Decree. Households and individual businesses must pay the extended tax amount under this clause no later than December 30, 2024.

4. Regarding Land Rent

Extend the deadline for paying land rental fees for 50% of the land rental fees payable in 2024 (the second installment due in 2024) for enterprises, organizations, households, and individuals subject to the provisions of Article 3 of this Decree who are directly renting land from the State according to the Decision or Contract of the competent state agency in the form of annual land rental payments. The extension period is two months starting from October 31, 2024.

This provision applies to cases where enterprises, organizations, households, and individuals have multiple land rental decisions or contracts directly from the State and engage in various production and business activities, including those within the economic sectors or fields specified in Clauses 1, 2, and 3 of Article 3 of this Decree.

5. In cases where enterprises, organizations, households, and individual businesses engage in multiple economic sectors, including those within the economic sectors or fields specified in Clauses 1, 2, and 3 of Article 3 of this Decree, enterprises and organizations shall be granted an extension for the entire amount of value-added tax and corporate income tax payable; households and individual businesses shall be granted an extension for the entire amount of value-added tax and personal income tax payable, in accordance with the guidelines set forth in this Decree.

Article 5. Procedure for Extension

1. Taxpayers directly declaring and paying taxes to the tax authority, who are within the scope of entities eligible for extension, shall submit the Application for Extension of Tax Payment and Land Rental Fee Payment (hereinafter referred to as the Application for Extension) for the first time or to replace it if errors are found (by electronic means; delivered directly to the tax authority or sent through postal services) according to the Model attached to this Decree to the directly managing tax authority once for the entire amount of tax and land rental fees payable arising during the tax periods eligible for extension together with the submission of the tax declaration form monthly (or quarterly) as prescribed by laws on tax administration. If the Application for Extension is not submitted at the same time as the monthly (or quarterly) tax declaration form submission, the latest submission date is September 30, 2024, and the tax authority will still implement the extension of tax and land rental fee payment deadlines for the periods eligible for extension before the submission of the Application for Extension.

In cases where taxpayers have extensions applicable to multiple areas managed by different tax authorities, the directly managing tax authority of the taxpayer shall be responsible for transmitting the Application for Extension to the relevant tax authorities.

2. Taxpayers shall self-determine and bear responsibility for ensuring that their application for extension complies with the eligible entities under this Decree. If taxpayers submit the Application for Extension to the tax authority after September 30, 2024, they will not be granted an extension for tax and land rental fee payment as stipulated in this Decree. If taxpayers supplement their tax declaration forms for the tax periods eligible for extension, leading to an increase in the amount payable and submit them to the tax authority before the expiration of the extended payment deadline, the extended tax amount includes the additional amount payable due to the supplementation. If taxpayers supplement their tax declaration forms for the tax periods eligible for extension after the expiration of the extended payment deadline, they will not be granted an extension for the supplementary amount payable.

3. The tax authority is not required to notify taxpayers about the acceptance of the extension for tax and land rental fee payment. In cases where, during the extension period, the tax authority has grounds to determine that the taxpayer does not qualify for the extension, the tax authority shall issue a notification to the taxpayer regarding the non-extension, and the taxpayer must pay the full amount of tax and land rental fees, along with late payment penalties, into the state budget during the extension period. After the expiration of the extension period, if the competent authority discovers through inspection or audit that the taxpayer does not qualify for the extension of tax and land rental fee payment as stipulated in this Decree, the taxpayer must pay the outstanding tax amount, fines, and late payment penalties into the state budget.

4. No late payment penalties shall be imposed on the amounts of tax and land rental fees eligible for extension during the extended payment period (including cases where taxpayers submit the Application for Extension to the tax authority after submitting the tax declaration forms as prescribed in Clause 1 of this Article and cases where the competent authority determines through inspection or audit that taxpayers eligible for extension have increased amounts payable for the tax periods eligible for extension). If the tax authority has already imposed late payment penalties (if any) on tax declarations eligible for extension under this Decree, the tax authority shall adjust and refrain from imposing late payment penalties.

5. The investors of construction projects and sub-projects funded by state budget funds, and payments from the state budget for basic construction projects of ODA-funded projects subject to value-added tax must submit a notice from the tax authority confirming receipt of the application for tax payment extension or a confirmation that the contractor has submitted the application for tax payment extension to the tax authority when processing payments with the State Treasury. The State Treasury will base its actions on the documents submitted by the investor to refrain from deducting value-added tax during the extension period. Upon expiration of the extension period, the contractor must pay the extended tax amount as prescribed.

Article 6. Implementation and Effectiveness

1. This Decree takes effect from the date of issuance until December 31, 2024.

2. After the extension period under this Decree, the deadlines for tax payment and land rent shall be implemented according to current regulations.

3. The Ministry of Finance is responsible for directing, organizing the implementation, and resolving any issues arising during the implementation of this Decree.

4. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related enterprises, organizations, households, individual businesses, and individuals are responsible for implementing this Decree.

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

APPLICATION FOR EXTENSION OF TAX PAYMENT
AND LAND RENT

Respectfully submitted to: Tax authority...

[01] Name of taxpayer:

[02] Tax code:

[03] Address: …

[04] Phone number: …

[05] Name of tax agent (if any): …

[06] Tax code:

[07] Type of tax requested for extension:

☐ a) Value-added tax of enterprises and organizations

☐ b) Corporate income tax of enterprises and organizations

☐ c) Value-added tax and personal income tax of individual businesses

☐ d) Land rental fees (specify details of each leased land area eligible for land rental fee extension)

- Area 1 pursuant to Decision/Contract No..., dated.../.../...

- Area 2 pursuant to Decision/Contract No..., dated.../.../...

....

[08] Case for extension: ...

I. SMALL AND MICRO ENTERPRISES

☐ 1. Small enterprise:

☐ 2. Micro enterprise:

II. ENTERPRISES, ORGANIZATIONS, INDIVIDUAL BUSINESSES, AND INDIVIDUALS
OPERATING IN THE FOLLOWING SECTORS:

☐ 1. Agriculture, forestry, and fisheries;

☐ 2. Food production and processing; ☐ 3. Textile manufacturing; ☐ 4. Garment production; ☐ 5. Leather production and related products; ☐ 6. Wood processing and wood product manufacturing (excluding beds, cabinets, tables, chairs); product manufacturing from rice straw and woven materials; ☐ 7. Paper and paper product manufacturing; ☐ 8. Rubber and plastic product manufacturing; ☐ 9. Manufacturing of non-metallic mineral products; ☐ 10. Metal manufacturing; ☐ 11. Mechanical processing; metal surface treatment and coating; ☐ 12. Electronic product, computer, and optical product manufacturing; ☐ 13. Automobile and other motor vehicle manufacturing; ☐ 14. Bed, cabinet, table, and chair manufacturing;

15. Construction;

☐ 16. Warehousing and transportation services; ☐ 17. Accommodation and food services; ☐ 18. Education and training; ☐ 19. Health care and social assistance activities; ☐ 20. Real estate business activities; ☐ 21. Labor service and employment activities; ☐ 22. Travel agency operations, tour organization, and related support services;

☐ 23. Arts, entertainment, and recreation activities; ☐ 24. Library, archive, museum, and other cultural activities; ☐ 25. Sports and recreational activities;

☐ 26. Film exhibition activities;

☐ 27. Priority development supporting industrial product manufacturing;

☐ 28. Key mechanical product manufacturing;

☐ 29. Publishing activities; ☐ 30. Film, television program production, recording, and music publishing;

☐ 31. Broadcasting and television activities;

☐ 32. Computer programming, consulting, and other computer-related activities; ☐ 33. Information service activities;

☐ 34. Crude oil and natural gas extraction (no extension for corporate income tax on crude oil, condensate, and natural gas collected under agreements and contracts);

☐ 35. Mining support service activities;

☐ 36. Beverage production;

☐ 37. Printing and copying various types of records;

☐ 38. Coke and refined petroleum product manufacturing;

☐ 39. Chemical product and man-made fiber manufacturing;

☐ 40. Manufacture of fabricated metal products (excluding machinery and equipment);

☐ 41. Motorcycle and bicycle manufacturing;

☐ 42. Machinery and equipment repair, maintenance, and installation;

☐ 43. Sewage and wastewater treatment.

I hereby certify that the information declared above is accurate and assume legal responsibility for the information provided; I commit to paying the full amount of tax within the extended payment deadline.

Note:

- Section I: NNT self-determined according to the provisions of Law on Support for Small and Medium-sized Enterprises 2017 and Decree No. 80/2021/ND-CP dated August 26, 2021 by the Government detailing certain provisions of Law on Support for Small and Medium-sized Enterprises.

- Section II: NNT self-determined according to the provisions of Decision No. 27/2018/QĐ-TTg dated July 6, 2018 by the Prime Minister; Decree No. 111/2015/NĐ-CP dated November 3, 2015 by the Government; Decision No. 319/QĐ-TTg dated March 15, 2018 by the Prime Minister.

- The application for tax payment extension and land rental fee extension shall be submitted only once to the direct managing tax authority for all taxes and land rental fees arising from the extended tax periods. The taxpayer may choose the following methods of submission:

+ Taxpayer submits electronically through the e-Government portal of the tax authority.

+ Taxpayer submits directly to the tax authority or through postal services.