Decree 68/2026/NĐ-CP On Tax Policies and Tax Administration for Individual Businesses and Persons Engaged in Business

DECREE
On Tax Policies and Tax Administration for Individual Businesses and Traders
CIRCUMSTANTIAL PROVISIONS

Based on the Law on Government Organization No. 63/2025/QH15;

Based on the Law on Tax Administration No. 108/2025/QH15;

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

Based on the Law on Individual Income Tax No. 109/2025/QH15;

Based on Resolution No. 198/2025/QH15 of the National Assembly on certain mechanisms,

In accordance with the proposal by the Minister of Finance;

The Government promulgates this Decree to regulate tax policies and tax administration for individual businesses and traders.

CHAPTER I
GENERAL PROVISIONS

Article 1. Scope of Application

This Decree regulates tax policies: value added tax, personal income tax, and other types of taxes; tax declaration, calculation, payment, settlement, handling of tax payments, late fees, overpaid tax refunds; the scope of responsibilities and methods for electronic commerce platform providers and other digital platform operators to deduct, declare on behalf of, and pay on behalf of value added tax for individual businesses and traders; the responsibility for declaring and paying taxes on behalf of organizations in cases such as business cooperation with individual businesses and traders, signing contracts with individual businesses and traders as agents selling goods at fixed prices for lottery, insurance, multi-level marketing sales; use of electronic invoices; responsibilities of related organizations and individuals.

Article 2. Applicability

1. Taxpayers are individual businesses and traders

2. Tax authorities at all levels and tax officers.

3. Other organizations, entities, and individuals involved in the fulfillment of tax obligations by individual businesses and traders.

CHAPTER II
TAX POLICIES FOR INDIVIDUAL BUSINESSES AND TRaders

Article 3. Value Added Tax

1. Individual businesses and traders with annual business revenue below 500 million dong are not subject to value added tax.

2. Individual businesses and traders with annual business revenue above 500 million dong are subject to value added tax and apply the direct calculation method based on a percentage of revenue (x) business revenue. The percentage rate and taxable revenue are implemented in accordance with the Law on Value Added Tax No. 48/2024/QH15 and relevant implementing regulations.

Article 4. Personal Income Tax

1. Resident individuals engaged in production and business activities, including those who register as individual businesses or are authorized by family members to act as the representative of an individual business (hereinafter referred to as traders), with annual business revenue below 500 million dong do not need to pay personal income tax.

2. Traders with annual business revenue exceeding the amount specified in paragraph 1 shall comply with the provisions for paying taxes under Article 7 of the Law on Personal Income Tax No. 109/2025/QH15.

3. For traders who pay personal income tax according to the provisions of paragraph 3 of Article 7 of the Law on Personal Income Tax No. 109/2025/QH15, where a trader engages in multiple business activities with different applicable personal income tax rates or operates at multiple locations, the trader may apply a deduction of 500 million dong before calculating personal income tax for one or some of their business activities or locations based on the most favorable scheme chosen by the trader. However, the total deduction shall not exceed 500 million dong in any given year for all business operations.

In cases where the revenue from a selected business activity or location has not been fully deducted to reach 500 million dong, the trader may continue to deduct the remaining amount from the revenue of other business activities or locations until the total deduction reaches 500 million dong.

4. For traders who rent real estate and pay personal income tax according to the provisions of paragraph 4 of Article 7 of the Law on Personal Income Tax No. 109/2025/QH15:

a) Where a trader has multiple rental properties at different locations, the trader may apply a deduction of 500 million dong before calculating personal income tax for one or some of the rental contracts selected by the trader but the total amount deducted shall not exceed 500 million dong per year for all rental contracts. If the selected rental contract does not fully deduct 500 million dong, the trader may continue to select other rental contracts to further deduct until the full deduction is reached.

b) Where a trader has multiple rental properties at different locations and where the lessee is required to declare and pay taxes on behalf of the lessor, when selecting a rental contract for applying the deduction rate in calculating personal income tax, the lessor and the lessee must clearly specify in the rental contract the content of declaration and payment on behalf of taxes and the amount deductible from personal income tax. If the rental contract specifies declaration and payment on behalf of taxes but does not fully deduct 500 million dong, the trader may continue to select other rental contracts to further deduct until the full deduction is reached.

5. Method of Calculation

a) The method of calculating personal income tax based on a percentage (x) business revenue applies to traders with annual business revenue between 500 million dong and 3 billion dong. The personal income tax rate is applied in accordance with the provisions of paragraph 3 of Article 7 of the Law on Personal Income Tax No. 109/2025/QH15;

b) The method of calculating personal income tax based on taxable income (x) tax rate applies to traders with annual business revenue exceeding 3 billion dong and cases where a trader with annual business revenue between 500 million dong and 3 billion dong chooses this method. Taxable income is determined by subtracting relevant expenses from the sales revenue of goods or services in the tax period. The personal income tax rate is applied in accordance with the provisions of paragraph 2 of Article 7 of the Law on Personal Income Tax No. 109/2025/QH15.

c) Revenue and expenses determined in accordance with the provisions of Article 5 and Article 6 of this Decree;

d) In the case of an individual business or a business operator, if the revenue exceeds VND3 billion or is between VND500 million to VND3 billion for the year when applying the personal income tax calculation method based on taxable income multiplied by (x) tax rate, they shall continue to apply this method for two consecutive years from the first year of application. In the case of an individual business or a business operator with annual revenue between VND500 million and VND3 billion applying the personal income tax calculation method based on taxable income multiplied by (x) revenue, if the actual revenue exceeds VND3 billion in the year determined, they must switch to applying the personal income tax calculation method based on taxable income multiplied by (x) tax rate from the following year.

Article 5. Revenue for Determining Personal Income Tax

1. Revenue is all sales proceeds, processing fees, service charges including subsidies, surcharges, and additional amounts that an individual business or a business operator receives, regardless of whether the money has been received; includes all bonuses received, amounts received from support for achieving sales targets, promotions, payment discounts, amounts supported in cash or non-cash form, compensation for breach of contract, other compensations related to business operations, and other revenue that an individual business receives, regardless of whether the money has been received. It does not include trade discounts, price reductions on goods sold, and the value of returned goods.

2. Revenue in certain cases is specifically defined as follows:

a) For processing goods, it includes all income from processing activities including labor costs, fuel, power, auxiliary materials, and other expenses related to the processing of goods;

b) In the case of sales or service provision on installment payment terms, revenue is the total amount paid for goods or services in one lump sum, excluding interest on installments or late payments;

c) For delivery to agents, it is the total amount received from selling goods;

d) For receiving agency sales at a fixed price as specified by the agent provider, it is the commission earned according to the agency contract;

d) For leasing assets, it is the rent paid in installments under the lease agreement. In cases where rent is paid upfront for multiple years, revenue for tax income calculation shall be allocated over the years of advance payment or determined based on a one-time revenue receipt;

e) For other business services where customers pay in advance for multiple years, revenue for tax income calculation shall be allocated over the years of advance payment or determined based on a one-time revenue receipt;

g) For transportation activities, it is all revenue from passenger and cargo transport, baggage handling generated during the taxable period;

h) For construction and installation work, it includes the value of the project, sub-project values, or quantities of work completed and accepted for inspection. In cases where construction and installation do not include material procurement, machinery, and equipment, revenue from such activities does not include the value of materials, machinery, and equipment.

3. Time of Determining Revenue

a) For sales of goods, it is the time when ownership or usage rights of goods are transferred to the buyer;

b) For service provision, it is the completion of the service or each part of the service provided to the buyer, except for services specified in paragraph 2 of this Article.

Article 6. Deductible and Non-deductible Expenses in Determining Individual Income Tax

1. Deductible expenses are actual costs incurred related to production and business activities, with valid invoices and vouchers as required by the law on invoices and vouchers, accounting laws, and payment vouchers for transactions of five million Vietnamese dong or more according to the Value-Added Tax Law, specifically as follows:

a) Raw material, material, fuel, energy, goods used in production and business;

b) Wages, salaries, bonuses, allowances, mandatory insurance payments, and other payments made to employees who are required to pay mandatory insurance; wages, salaries, allowances, and other payments made to employees for less than one month;

c) Depreciation of fixed assets used in production and business activities. The depreciation amount is reasonably charged according to the regulations on managing, using, and depreciating fixed assets applicable to enterprises. In cases where fixed assets have been fully depreciated but continue to be used for production and business, no further depreciation shall be charged;

d) Service expenses purchased externally such as electricity, water, telephone, internet, transportation, leasing of property, maintenance, and repair with valid invoices and vouchers according to the law;

d) Interest on loans from financial institutions related to production and business activities based on actual interest rates. Interest on loans from non-financial institution entities related to production and business activities shall not exceed the limits specified in the Civil Code;

e) Other expenses directly serving production and business activities.

2. Expenses that are not deductible when determining taxable income:

a) Expenses unrelated to production and business activities;

b) Expenses without valid invoices and vouchers as required by law;

c) Wages, salaries, and other remuneration of individual businesses, groups of individual businesses, or members of a household enterprise except for mandatory insurance contributions; wages, salaries, and other remunerations that have been charged as expenses but were not actually paid or lack payment vouchers;

d) Excess depreciation over the prescribed limit or depreciation on fixed assets not used in production and business activities;

d) Fines for administrative violations, breach of contract penalties, and compensation due to errors by individual businesses;

e) Residential land and living facilities on such land, cars, and other registered property owned or used personally, except for cars and other registered property used for transportation or tourism business purposes;

g) Expenses serving personal needs. Individual businesses are responsible for separately tracking expenses serving business operations and personal needs.

Article 7. Other Rentals

In the case of household enterprises and individual businesses engaged in production and business activities involving goods, services subject to special consumption tax, resource tax, or environmental protection tax as specified by tax laws, the determination of tax obligations shall be carried out according to the provisions of the relevant tax laws.

Chapter III
TAXATION, CALCULATION OF TAXES, PAYMENT OF TAXES, SET-OFF OF TAXES,
USE OF ELECTRONIC INVOICES, HANDLING OF TAX FUNDS,
DELAYED PAYMENT FEE, EXCESS PAYMENT PENALTY

Article 8. Principles of Taxation, Calculation of Taxes and Use of Electronic Invoices

.. Taxation, calculation of value-added tax (VAT) and personal income tax

a) Where an individual business or trader self-declares annual turnover from goods production, service provision to be up to 500 million Vietnamese dong, such individual business or trader shall notify the tax authority in writing of actual revenue generated during the year by no later than January 31st of the following Gregorian calendar year.

Where an individual business or trader generates actual revenue exceeding 500 million Vietnamese dong within a year, they shall file and pay taxes from the quarter when such revenue exceeds 500 million Vietnamese dong. The amount of VAT and personal income tax to be paid is determined in accordance with Article 3 and Article 4 of this Decree.

b) Where an individual business or trader self-declares annual turnover from goods production, service provision exceeding 500 million Vietnamese dong, including revenue already deducted, reported on behalf, or paid on behalf by organizations or individuals, VAT and personal income tax are calculated in accordance with Article 3 and Article 4 of this Decree. The declaration and payment of taxes shall be carried out in accordance with the provisions of Article 10 of this Decree.

Where an individual business or trader uses electronic invoices bearing a tax authority code, electronic invoices generated from point-of-sale systems connected to the tax authority's data system automatically create a tax declaration form to assist the individual business or trader in declaring and calculating VAT and personal income tax based on electronic invoice data, tax management database, and other data sources obtained by the tax authority from other state agencies, organizations, or individuals. The assistance provided by the tax authority does not replace the responsibility of the individual business or trader for declaration and determination of the amount of taxes due. The individual business or trader shall be responsible before the law for the accuracy and truthfulness of the tax declaration.

2. Taxation and Calculation of Other Taxes

Individual businesses and traders self-declare the amount of tax to be paid in accordance with tax laws and file and pay taxes together with the VAT filing period or within the same time limit for notifying actual revenue generated.

3. Time Limits for Filing Tax Returns and Paying Taxes

a) Where taxation is on a quarterly basis, the deadline for filing tax returns is no later than the first day of the first month of the following quarter;

b) Where taxation is on a monthly basis, the deadline for filing tax returns is no later than the 20th day of the following month except where otherwise provided in paragraph 1 of Article 18 of this Decree;

c) Where final personal income tax declaration is on an annual basis, the deadline for filing tax returns is no later than March 31st of the following Gregorian calendar year;

d) Where a natural person directly files taxes for rental property activities, they may choose to file twice in the taxable period or once at the end of the taxable period. If filing twice in the taxable period, the deadline for the first filing is no later than July 31st of the taxable year and the second filing is no later than January 31st of the following Gregorian calendar year. If filing once at the end of the taxable period, the deadline for filing tax returns is no later than January 31st of the following Gregorian calendar year;

d) Where an organization rents real estate from a natural person and the lease agreement stipulates that the lessee shall file taxes on behalf and pay taxes on behalf, the organization shall file taxes and pay taxes on behalf for the natural person. The deadline for filing tax returns is determined according to the payment period of rent.

Where a natural person rents real estate from another natural person, the natural person renting out the real estate must directly file taxes;

e) The deadline for paying taxes is no later than the last day of the time limit for filing tax returns. In cases where supplementary tax return filings are made, the deadline for payment is the same as the deadline for filing the tax return in the relevant tax period.

4. Place of Filing and Payment of Taxes

a) Individual businesses and traders file tax returns electronically.

Where taxpayers belong to special circumstances, including elderly individuals, disabled persons, social assistance recipients, residents in areas with particularly difficult economic and social conditions, or other exceptional cases where they cannot perform electronic transactions, they may submit the application directly or send it through postal services to the local administrative service center.

b) Individual businesses and traders engaged in e-commerce with multiple business locations (stores) operating within the same province or across provinces shall file a consolidated tax return for all business locations on one tax return form to be submitted to the tax authority managing the principal place of business, which is determined as the location stated on the business registration certificate for individual businesses or on the tax registration declaration for natural persons. Individual businesses and traders shall pay taxes for each business location separately.

Where an individual business or trader pays personal income tax using the revenue-based method (x) turnover, such individual business or trader shall declare turnover and the amount of VAT and personal income tax to be paid for each business location.

Where an individual business or trader pays personal income tax using the income-based method (x) tax rate, such individual business or trader shall declare revenue from each business location and pay VAT at each business location, while paying personal income tax at the principal office.

c) For individual traders and business operators engaged solely in e-commerce or digital platform activities without a physical trading location, tax declaration and payment shall be conducted at the local tax authority where such individual trader or business operator resides: current place of residence; temporary residence or permanent residence;

d) An individual who engages in real estate rental activities shall declare value-added tax (VAT) and personal income tax, and submit tax declaration documents to the tax authority where the real estate is located.

Where an individual has multiple real estates for rental within the same province or across provinces, they shall consolidate all such properties into a single tax declaration document and select one tax authority where the real estate is located for submission of the tax declaration, except in cases where an organization acts as a substitute taxpayer to declare and pay taxes. The individual must declare revenue, VAT, personal income tax due, and make payments on a property-by-property basis.

d) Notification of Business Premises

Where an individual trader or business operator has a trading location outside the principal office, they shall notify the local tax authority managing the principal office within 10 working days from the date such trading location commences operations using a form prescribed by the Minister of Finance.

In cases where an individual trader or business operator changes information, suspends, or terminates their trading activities at any premises, they must notify the local tax authority managing the principal office within 10 working days from the date of such change in accordance with regulations set forth by the Minister of Finance.

5. Use of Electronic Invoices

a) Individual traders and business operators with annual taxable sales of one billion Vietnamese dong or more must apply electronic invoices bearing tax authority codes, or electronic invoices generated from point-of-sale systems connected to the tax authority as per Article 1, Clause 8 of Decree No. 70/2025/NĐ-CP dated March 20, 2025, which amends and supplements certain provisions of Decree No. 123/2020/NĐ-CP dated October 19, 2020, on invoices and vouchers.

Where an individual trader or business operator has multiple trading locations, they shall use the tax registration number for all outlets and must specify the address of each trading location on the invoice;

b) Individual traders and business operators with annual taxable sales of more than 500 million Vietnamese dong but less than one billion Vietnamese dong are not required to use electronic invoices bearing tax authority codes or point-of-sale systems connected to the tax authority. If they meet the conditions and wish to use such electronic invoices, they may register for them. In cases where an individual trader or business operator does not register for electronic invoices but wishes to use them, they must declare and pay taxes before receiving a tax authority-coded electronic invoice from the tax authority on a per-transaction basis.

c) New individual traders or business operators under Article 9 of this Decree who have annual taxable sales of less than one billion Vietnamese dong in the previous year but achieve such sales in the current tax year, or those whose annual taxable sales were below one billion Vietnamese dong in the previous year but exceed that amount in the current tax year, must apply electronic invoices bearing tax authority codes or point-of-sale systems connected to the tax authority. They shall register for electronic invoices within 30 days from the end of the tax period where cumulative annual taxable sales reach one billion Vietnamese dong.

6. Suspension and Termination of Business Operations

a) Individual traders subject to registration requirements under business registration laws must follow procedures for suspending business operations as per Decree No. 168/2025/NĐ-CP dated June 30, 2025, on business registration.

b) For those not required to register for business but have registered for tax purposes with the tax authority, the taxpayer must notify the local tax management authority to update their status as "suspended" in accordance with regulations set by the Ministry of Finance.

During the suspension period, individual traders and business operators are exempt from submitting tax declaration documents, except where the suspension is not full month-long if monthly or quarterly declarations apply.

Where an individual trader or business operator terminates their business operations within a year, they must notify the local tax authority of actual cumulative revenue from the beginning of the year up to the termination date along with the closure documentation.

7. Organizations Renting Real Estate from Individuals and Business Operators

Article 9. Declaration and Payment of Value Added Tax (VAT) and Individual Income Tax for New Business Operators and Individuals Engaging in Business

1. If a new business operator or individual engaging in business commences operations producing or trading within the first six months of the year and has actual revenue not exceeding VND 500 million, they shall notify the tax authority managing them by July 31st of the actual revenue generated from the commencement of production or trading until June 30th. They shall also notify the tax authority by January 31st of the following lunar year regarding the actual revenue generated in the last six months of the year.

In case a new business operator or individual engaging in business commences operations producing or trading within the last six months of the year and has actual revenue not exceeding VND 500 million, they shall notify the tax authority managing them by January 31st of the following lunar year regarding the actual revenue generated.

2. A new business operator or individual engaging in business, upon generating cumulative revenue exceeding VND 500 million, shall declare and pay VAT according to the provisions of Article 10 of this Decree from the quarter in which such revenue is generated.

3. From the following year onwards, a new business operator or individual engaging in business that generates actual revenue not exceeding VND 500 million per annum shall notify the tax authority as provided for in Article 8 of this Decree; if they generate actual revenue exceeding VND 500 million, they shall declare and pay VAT according to the provisions of Article 10 of this Decree.

Article 10. Declaration and Payment of Value Added Tax (VAT) and Individual Income Tax for Business Operators and Individuals with Annual Revenue Exceeding VND 500 Million

1. Declaration and Payment of VAT

a) If the annual revenue is up to VND 5 billion, they shall declare and pay VAT on a quarterly basis;

b) If the annual revenue exceeds VND 5 billion, they shall declare and pay VAT on a monthly basis.

2. Declaration and Payment of Individual Income Tax

a) A business operator or individual engaging in business may choose to pay individual income tax using the progressive rate method based on taxable income; they shall declare and pay individual income tax on a quarterly basis along with VAT;

b) A business operator or individual engaging in business subject to the progressive rate method for individual income tax shall prepay individual income tax monthly, quarterly through their VAT declaration. The amount of prepaid individual income tax is calculated as the progressive rate multiplied by the taxable income of the month or quarter and a final settlement of individual income tax on an annual basis. If the amount of prepaid individual income tax is less than the amount of individual income tax declared for prepayment, or if the prepaid tax is less than the tax due upon final settlement, the business operator or individual engaging in business shall pay any additional tax but will not be liable for late payment penalties. If the amount of prepaid individual income tax exceeds the tax due upon final settlement, they shall follow the procedures for handling excess tax payments as provided in Article 12 of this Decree.

Article 11. Declaration and Withholding of Tax for Business Operations on E-commerce and Digital Platforms

1. The manager of an e-commerce or digital platform within or outside Vietnam that has online order placement functionality and payment processing shall be responsible for withholding, declaring, and paying the tax withheld in respect of each transaction with a business operator or individual engaging in business according to the provisions of Decree No. 117/2025/NĐ-CP dated June 9, 2025 by the Government on Tax Management for Business Operations on E-commerce and Digital Platforms.

2. A resident business operator or individual engaging in business on an e-commerce or digital platform without online order placement functionality and payment processing shall be responsible for self-declaration and tax payment according to the provisions of Articles 8, 9, and 10 of this Decree.

3. In case a business operator or individual engaging in business only operates on an e-commerce or digital platform or engages in both fixed place of business operations and online operations with annual combined revenue exceeding VND 3 billion or annual revenue exceeding VND 500 million, and if they choose the progressive rate method for individual income tax declaration, such business operator or individual engaging in business shall consolidate their revenue to declare and settle individual income tax on an annual basis. The amount of individual income tax withheld by the manager of the e-commerce or digital platform that has been deducted and paid can be offset against the amount of individual income tax due.

4. A non-resident engaging in business on an e-commerce or digital platform without online order placement functionality and payment processing shall be responsible for self-declaration and tax payment according to the provisions of Decree No. 117/2025/NĐ-CP dated June 9, 2025 by the Government on Tax Management for Business Operations on E-commerce and Digital Platforms; they are not required to notify actual revenue generated in a year to the tax authority or to conduct final settlement of individual income tax as provided in Articles 8 and 10 of this Decree.

5. The declaration documents for business operators and individuals under paragraphs 2 and 3 of this Article shall be prepared according to the regulations of the Minister of Finance.

Article 12. Handling of Tax Amounts, Late Payment Fees, and Penalties

1. In cases where an individual business or a trader has been required by an organization as provided in Clause 1 of Article 11 of this Decree to have tax withheld and paid on behalf for transactions occurring during the year but with actual annual revenue not exceeding 500 million Vietnamese dong, the procedures for offsetting, refunding, and refunding and offsetting for budgetary purposes shall be carried out in accordance with the provisions of tax administration law regarding excess tax payments.

2. In cases where an individual business or a trader has paid value-added tax (VAT) and income tax on their business activities but with actual annual revenue not exceeding 500 million Vietnamese dong, the procedures for offsetting, refunding, and refunding and offsetting for budgetary purposes shall be carried out in accordance with the provisions of tax administration law regarding excess tax payments.

3. In cases where an individual business or a trader has paid or had amounts withheld and paid on their behalf by organizations or individuals that exceed the amount of taxes, late payment fees, and penalties due, the procedures for offsetting, refunding, and refunding and offsetting for budgetary purposes shall be carried out in accordance with the provisions of tax administration law regarding excess tax payments.

4. The documents requesting handling of overpaid tax amounts, late payment fees, and penalty fees, authority, responsibilities for receipt, resolution, procedures, and processes are governed by the regulations of the Minister of Finance.

5. The place to submit refund applications is the tax office where the tax return application was submitted. In cases where an individual business or a trader only conducts business on an e-commerce platform or digital platform managed by the platform manager who has withheld and paid taxes, or engages in other business activities for which another organization has withheld, reported, and paid taxes, the tax office managing the residence of the individual business or trader is responsible for receiving and resolving refund applications.

Chapter IV
RESPONSIBILITY AND IMPLEMENTATION

Article 13. Rights and Responsibilities of Individual Businesses and Traders

1. Individual businesses and traders have the right to request tax offices to provide guidance, answer queries, and offer support regarding tax declaration, calculation, and payment.

2. Individual businesses and traders enjoy the rights of taxpayers as provided by law on tax administration.

3. Individual businesses and traders are responsible for declaring their full and accurate revenue from production and business activities to determine the amount of taxes due in accordance with tax laws, and they shall bear legal responsibility for the content declared.

4. Individual businesses and traders must notify the tax office electronically of all bank accounts opened at payment service providers and electronic wallet numbers opened at electronic payment intermediary service providers related to production and business activities.

5. Individual businesses and traders are responsible for maintaining accounting books in accordance with accounting laws and guidelines issued by the Minister of Finance; they must use invoices as required.

6. Individual businesses and traders are responsible for providing their accounting books, sales management software, and related documents upon request by tax authorities during a tax inspection.

7. Individual businesses and traders residing and conducting business on an e-commerce platform are responsible for declaring and paying excise duties, environmental protection taxes, resource taxes, environmental fees, and other amounts due to the state budget as required by tax laws, tax administration laws, and related laws.

8. Individual businesses and traders engaged in e-commerce activities are responsible for providing complete and accurate information to the platform manager regarding their tax identification number or personal identification number for Vietnamese citizens; passport numbers or other identifying information issued by foreign competent authorities for foreign citizens, as well as required information and documents related to determining tax obligations and mandatory seller information according to e-commerce laws.

Article 14. Obligations of Organizations and Individuals Paying and Withholding Taxes

1. Fully, accurately, and timely declare revenue and the amount of tax due; pay taxes into the state budget in accordance with regulations.

2. Bear legal responsibility for late declaration, late payment, inaccurate declaration, withholding or paying taxes not in accordance with regulations as provided by the Tax Administration Law.

3. In case an organization or individual pays and withholds tax on behalf of another person who fails to comply with or complies improperly with tax laws and related laws, they shall be dealt with according to the provisions of the Tax Administration Law.

Article 15. Obligations of People's Committees at All Levels

1. Obligations of Provincial People's Committee

a) Direct departments, agencies, and the People's Committee of the commune to fully implement legal regulations on business registration, management of individual businesses, sole traders, and provide information to tax authorities in accordance with regulations;

b) Direct the Department of Finance, specialized licensing agencies, and relevant units to establish, update, and share databases of individual businesses, sole traders with tax authorities; ensure synchronized and accurate connections between business registration data and tax database;

c) Direct market supervision agencies, police, finance, information and communication, internal affairs, and related professional departments to cooperate with tax authorities in inspecting, supervising business operations; preventing and combating tax loss; handling violations of tax laws and business activities;

d) Ensure resources and technical infrastructure for implementing electronic invoices and electronic documents for individual businesses, sole traders within the jurisdiction; direct relevant agencies to support and guide taxpayers in using electronic invoices;

d) Urge the People's Committee of the commune to conduct reviews, grasp the operational situation of individual businesses, sole traders within their jurisdiction; ensure timely provision of accurate information to tax authorities.

2. Obligations of Commune People's Committee

a) Cooperate with tax authorities to review, collect and update lists of active individual businesses, sole traders in the commune; promptly report to tax authorities any cases: starting business, suspension, cessation, change of trade or location, unregistered trading, illegal trading outside permitted locations;

b) Collaborate with tax authorities in organizing publicity and dissemination of tax laws to residents, individual businesses, and sole traders. Support mobile propaganda activities, display information, guide taxpayers in declaring and paying taxes according to regulations. Report difficulties and obstacles related to tax policies to the tax authority for joint resolution;

c) Direct relevant agencies within the commune to cooperate with tax authorities as per their jurisdiction in identifying, verifying, and handling violations of tax laws by individual businesses, sole traders when requested by tax authorities; including verification of taxpayer information, business address, scale of operations, number of individual businesses, sole traders, revenue, cooperation in preparing inspection records and providing relevant documents according to the regulations on tax administration and related laws;

d) Cooperate with tax authorities, market supervision agencies, police, and other relevant departments in inspecting, identifying, preventing, and handling unregistered business operations, non-declaration of taxes, tax evasion;

d) Inspect, supervise, and handle individual businesses, sole traders operating at unauthorized locations or without the required conditions as per legal regulations;

e) Periodically report to the provincial People's Committee through the channel designated by the province on the status of individual businesses, sole traders within their jurisdiction; propose measures to strengthen management and resolve emerging issues;

g) Perform other tasks as directed by the provincial People's Committee and in accordance with laws to support tax administration for individual businesses, sole traders.

Article 16. Responsibilities of the Tax Authority in Managing Taxes for Individual Businesses and Traders

1. The tax authority shall have the responsibility to support and facilitate individual businesses and traders

a) Provide timely and adequate information, guidance on tax policies, registration procedures, declaration, and tax payment through appropriate means;

b) Guide the use of electronic declaration and tax payment applications and platforms;

c) Establish support channels for taxpayers such as hotlines, direct consultation departments, online feedback mechanisms;

d) Publicize processes, deadlines for processing applications, forms, tax calculation ratios, rates, and fines (if applicable) to enable taxpayers to easily follow and implement them;

d) Timely receive and process comments, complaints, and issues from individual businesses and traders in accordance with the prescribed time limits;

e) In cases of on-site inspections or direct meetings, the tax authority must notify in advance to avoid disrupting the normal operations of individual businesses and traders.

2. The tax authority shall have the responsibility to manage taxes for individual businesses and traders according to the principles of transparent information, convenience, without creating additional procedures or documents beyond legal requirements.

3. The tax authority shall be responsible for inspecting and supervising the performance of support tasks for taxpayers within its department; promptly rectify and handle cases where staff cause inconvenience or harassment or fail to comply with regulations, without requiring individual businesses and traders to provide duplicate information or documents already in the system or confirmed by another agency.

Article 17. Implementation Responsibilities

1. The Minister, Head of a Competent Ministry shall have the responsibility to implement this Decree based on their assigned functions and duties.

2. The Ministry of Industry and Trade shall be responsible for implementing measures to manage all e-commerce business activities and cooperate with the Ministry of Finance in implementing support solutions for platform owners of e-commerce platforms and other digital platforms subject to withholding, declaration, and tax payment as per the provisions of this Decree.

3. The Ministry of Finance shall be responsible for guiding and organizing the implementation of support measures for platform owners of e-commerce platforms and other digital platforms subject to withholding, declaration, and tax payment as per the provisions of this Decree.

4. The tax authority shall conduct a review of the business registration database for individual businesses and traders in 2025 to guide:

a) Individual businesses and traders who have implemented tax payments under the lump-sum or declaration method in 2025 with an annual revenue exceeding 500 million Vietnamese dong, to declare and pay taxes for 2026 according to the provisions of Article 10 of this Decree;

b) Individual businesses and traders who have paid tax under the lump-sum or declaration method in 2025 with an annual revenue of 500 million Vietnamese dong or less, to notify their annual revenue for 2026 according to point a of Clause 1 of Article 8 of this Decree.

5. For individual businesses and traders who have paid tax under the lump-sum method from 2025 onwards and have had their lump-sum tax amount determined (including cases where changes in production scale lead to a change in taxable revenue by more than 50% as per the Tax Management Law No. 38/2019/QH14 and its implementing regulations, when transitioning from the lump-sum method to declaration starting January 1, 2026, the tax authority shall not use declared revenue for 2026 to reassess past obligations, nor impose administrative penalties on obligations already fulfilled under the lump-sum method, except in cases where the tax authority or a competent state agency discovers that individual businesses and traders have concealed revenue leading to unpaid taxes.

Chapter V - TRANSITIONAL PROVISIONS

Article 18. Transitional Provisions

1. Where tax is declared on a monthly basis, the tax declaration forms for January, February, and March 2026 shall be submitted to the competent tax authority by no later than April 20, 2026; provisions concerning supplementary declarations of tax returns, extensions of submission of tax return forms, extensions of payment of taxes, cases where organizations or individuals declare and pay taxes on behalf of others, and other tax management matters shall continue to be implemented in accordance with the provisions of Law No. 38/2019/QH14 on Tax Administration and Decree No. 126/2020/NĐ-CP dated October 19, 2020 by the Government detailing certain provisions of the Law on Tax Administration until a replacement document is issued.

2. The tax credit declaration form for households and individuals engaged in business activities through an e-commerce platform, detailed list of taxes already credited to households and individuals engaged in business activities through an e-commerce platform, detailed list of amounts paid by the principal of the e-commerce platform, and tax credit documents for households and individuals engaged in business activities through an e-commerce platform shall continue to be implemented in accordance with Decree No. 117/2025/NĐ-CP dated June 9, 2025 by the Government on Tax Administration for Business Activities Through E-Commerce Platforms and Personal Digital Platforms.

3. For rental contracts entered into before January 1, 2026, with a remaining term of more than six months, if value-added tax (VAT) and personal income tax have already been paid, the level of revenue not subject to VAT shall be adjusted in accordance with paragraph 1 of Article 3, and the level of revenue not subject to personal income tax as specified in paragraph 1 of this Decree. If the remaining revenue exceeds 500 million Vietnamese dong (VND), it shall be declared and taxed in accordance with this Decree, and any overpaid taxes will be handled in accordance with Article 12 of this Decree (if applicable).

4. For individual traders or businesses engaged in business activities in 2025 who declare tax on a lump-sum basis or through self-declaration with an annual revenue of three billion VND or more, or from January 1, 2026, choosing to pay personal income tax based on taxable income multiplied by the tax rate, such individual traders or businesses shall determine and record the value of inventory, machinery, and equipment in use for production and business activities as of December 31, 2025, as a basis for determining deductible expenses when calculating personal income tax for the 2026 tax period. Individual traders or businesses shall prepare a list of inventory, machinery, and equipment according to the model prescribed by the Minister of Finance, retain it at their business premises, and send one copy electronically to the competent tax authority along with the quarterly tax declaration form for the first quarter of 2026 in case of quarterly declarations; otherwise, they shall submit it no later than April 20, 2026, in case of monthly declarations. The tax authority will receive this information for tax administration purposes. The receipt of the list by the tax authority does not have legal value in confirming or validating the origin and source of goods. Individual traders or businesses are responsible before the law for the truthfulness, accuracy, and completeness of the information on the list; any violation of the law shall be handled according to relevant laws.

Article 19. Enforceability

This Decree shall come into force as of the date of its issuance.

Prime Minister, Deputy Prime Ministers;

Ministries, agencies at the same level, and agencies under the Government;

People's Councils and People's Committees of provinces and municipalities directly under Central Government;

Central Party Office and its committees;

Office of the President;

Ethnic Affairs Committee and other Committees of the National Assembly:

National Assembly Office;

Supreme People's Court;

Supreme People's Procuratorate;

National Audit Office;

Central Committee of the Vietnam Fatherland Front;

Central organs of political-social organizations;

VPCP: BCT, various commissions, Secretariat of the Prime Minister, General Department of Information and Communication, departments, units directly subordinate, Official Gazette;

Lvu: VT, KTTH (2b).