Circular No. 87/2026/TT-BTC detailing certain provisions of the Individual Income Tax Law and Decree No. 253/2026/NĐ-CP of the Government detailing certain provisions and measures to organize and guide the implementation of the Individual Income Tax Law.

CIRCULAR

Regulations detailing certain provisions of the Personal Income Tax Law and Decree No. 253/2026/NĐ-CP of the Government detailing certain provisions and measures to organize and guide the implementation of the Personal Income Tax Law
According to the Personal Income Tax Law No. 109/2025/QH15 amended and supplemented by Law No. 09/2026/QH16:
According to Decree No. 253/2026/NĐ-CP of the Government detailing certain provisions and measures to organize and guide the implementation of the Personal Income Tax Law:

The Minister of Finance issues this Circular detailing certain provisions of the Personal Income Tax Law and Decree No. 253/2026/NĐ-CP of the Government detailing certain provisions and measures to organize and guide the implementation of the Personal Income Tax Law.

Article 1. The income level serving as the basis for determining dependents that taxpayers may apply for tax exemption under Point b Clause 4 Article 10 of the Personal Income Tax Law No. 109/2025/QH15 and Point c Clause 2, Point a and Point b Clause 3 Article 47 of Decree No. 253/2026/NĐ-CP of the Government detailing certain provisions and measures to organize and guide the implementation of the Personal Income Tax Law.

Pursuant to Government Decree No. 29/2025/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Finance, amended and supplemented by Government Decree No. 166/2025/NĐ-CP;

Based on the proposal of the Director of the Department of Management and Supervision of Tax, Fee, and Charge Policies;

Article 2. Documents for identifying dependents eligible for tax exemption as stipulated in Clause 6 Article 47 of Decree No. 253/2026/NĐ-CP.

Article 1. Scope of Regulation

This Circular stipulates on:

Article 3. Personal Income Tax on income from the transfer of derivative securities as stipulated in Clause 5 Article 54 of Decree No. 253/2026/NĐ-CP.

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

Article 3. The income level serving as the basis for determining dependents that taxpayers may apply for tax exemption

Article 2. Applicability

Clause 1. The average monthly income throughout the year from all sources of income of dependents as stipulated at Point b Clause 4 Article 10 of the Personal Income Tax Law and Point c Clause 2, Point a and Point b Clause 3 Article 47 of Decree No. 253/2026/NĐ-CP shall not exceed three million VND.

Clause 2. Taxpayers are responsible for determining dependents who have no income or whose average monthly income throughout the year from all sources of income does not exceed the level specified in Clause 1 of this Article and must accurately and truthfully declare the income of dependents. In case of discovery of incorrect declaration during implementation, the taxpayer will be subject to legal sanctions.

Article 4. Documents for identifying dependents eligible for tax exemption as stipulated in Clause 6 Article 47 of Decree No. 253/2026/NĐ-CP

Clause 1. Documents for identifying dependents as children of taxpayers are as follows:

a) For biological children: copies of the Birth Certificate of the child or copies of the Decision on Acknowledgment of Parentage or other documents issued by competent authorities confirming the parent-child relationship and copies of the Identity Card of the child if it has been issued;

b) For adopted children: copies of the Birth Certificate of the child; copies of the Identity Card of the child if it has been issued and copies of the Decision on Adoption or Adoption Certificate issued by state authorities;

c) For stepchildren: copies of the Birth Certificate of the child; copies of the Identity Card of the child if it has been issued and copies of the Marriage Certificate of the taxpayer or other documents issued by competent authorities proving the stepchild relationship;

d) For children aged 18 or older who are incapacitated or disabled, in addition to the documents proving the parent-child relationship corresponding to the cases specified in Points a, b and c Clause 1 of this Article, the documents for identifying dependents must also include copies of the Certificate of Incapacity or Disability Certificate issued in accordance with the law;

đ) For children currently enrolled in university, college, vocational high school, or vocational training, including children aged 18 or older still attending secondary school (including the waiting period for grade 12 exam results from June to September), in addition to the documents proving the parent-child relationship corresponding to the cases specified in Points a, b and c Clause 1 of this Article, the documents for identifying dependents must also include copies of student ID cards or declarations confirmed by the school or other documents proving enrollment in university, college, vocational high school, secondary school, or vocational training.

Clause 2. Documents for identifying dependents as spouses of taxpayers are as follows: copies of the Identity Card and copies of the Marriage Certificate or other documents proving the marital relationship issued by competent authorities.

Clause 3. Documents for identifying dependents as parents of taxpayers are as follows:

a) For biological father or mother: copies of the Identity Card of the father or mother and copies of the Birth Certificate of the taxpayer or copies of the Decision on Acknowledgment of Parentage or other documents issued by competent authorities confirming the parent-child relationship;

b) For adoptive father or mother: copies of the Identity Card of the father or mother; copies of the Decision on Adoption or Adoption Certificate issued by state authorities;

c) For father-in-law or mother-in-law or father-in-law or mother-in-law: copies of the Identity Card of the father or mother; copies of the Birth Certificate of the spouse of the taxpayer and copies of the Marriage Certificate of the taxpayer or other documents proving the marital relationship issued by competent authorities;

d) For stepfather or stepmother: copies of the Identity Card; copies of the Birth Certificate of the taxpayer; copies of the Marriage Certificate or other documents proving the marital relationship between the stepfather and the biological mother of the taxpayer or between the stepmother and the biological father of the taxpayer issued by competent authorities.

Clause 4. Documents for identifying dependents as other individuals without support who the taxpayer must directly support: copies of the Identity Card; declaration form about the person who must be directly supported according to the prescribed model of the law on tax management; documents proving the relationship between the taxpayer and the dependent and documents proving the taxpayer's obligation to support the dependent according to the law (if any).

d) For stepparents: a copy of the Identity Card; a copy of the Birth Certificate of the taxpayer; a copy of the Marriage Certificate or other documents proving the marital relationship between the stepfather and the biological mother of the taxpayer or between the stepmother and the biological father of the taxpayer issued by the competent authority.

4. Documents to determine dependent individuals who have no place to rely on and are directly supported by the taxpayer: a copy of the Identity Card; a declaration form regarding the person who must be directly supported according to the prescribed model under tax management laws; documents proving the relationship between the taxpayer and the dependent and documents proving that the taxpayer has the obligation to support the dependent under the law (if any).

5. The file to determine a dependent who is unable to work must, in addition to the files proving the corresponding relationship as specified in Clauses 1, 2, 3, and 4 of this Article, include additional documents proving that the dependent has a labor capacity reduction rate of 81% or more as determined under the provisions of the law.

6. The taxpayer shall register and change dependents in accordance with the laws on tax administration and shall be responsible for the accuracy of such registration and changes, as well as the declaration of income of dependents as stipulated in Clause 1 of Article 3 of this Circular. In case of incorrect declarations, they will be handled according to the laws on tax administration and related laws.

7. In cases where resident individuals are foreigners without the required files for each specific situation as mentioned above, they must have legal documents issued by competent authorities ensuring that they meet the conditions of being dependents and demonstrating the relationship between the taxpayer and the dependent.

8. Organizations and individuals paying income have the responsibility to retain and provide complete files proving dependents for inspection, audit, and other purposes as prescribed by law.

9. Based on tax registration information, the tax authority shall exploit and utilize data from the National Public Service Portal, the administrative procedure information system, national databases, and specialized databases managed by state agencies shared and exploited in accordance with the law to serve as the basis for determining dependents eligible for personal exemption.

Where the tax authority cannot exploit and utilize data to identify dependents from the National Public Service Portal, the administrative procedure information system, national databases, and specialized databases managed by state agencies shared and exploited in accordance with the law, the taxpayer shall provide relevant documents as prescribed in this Article.

Article 5. Personal Income Tax on the transfer of derivative securities transactions as stipulated in Clause 5 of Article 54 of Decree No. 253/2026/NĐ-CP

1. Personal Income Tax on income from the transfer of derivative securities is calculated by multiplying the transfer price by the tax rate of 0.1% for each transfer.

2. The transfer price is determined as follows:

For the transfer of derivative securities which are futures contracts, the transfer price is the transfer price of each futures contract. The transfer price of each futures contract is determined by multiplying the settlement price of the futures contract at the time of determining taxable income by the contract multiplier and then by the number of contracts and the initial margin ratio divided by 2.

The initial margin ratio is published by the Vietnam Securities Depository and Central Counterparty Corporation in accordance with the regulations.

3. Time of determining taxable income

The time of determining taxable income for derivative securities which are futures contracts is the time when the investor matches buy or sell orders for futures contracts on the stock exchange trading system or the expiration date of the futures contract.

Article 6. Effectiveness

1. This Circular takes effect from July 1, 2026. Provisions related to business income and salary, wage income of resident individuals apply from the 2026 tax year.

2. This Circular replaces Circular No. 111/2013/TT-BTC dated August 15, 2013, issued by the Minister of Finance guiding the implementation of the Law on Personal Income Tax, the Law Amending and Supplementing Certain Provisions of the Law on Personal Income Tax, and Decree No. 65/2013/NĐ-CP of the Government detailing certain provisions of the Law on Personal Income Tax and the Law Amending and Supplementing Certain Provisions of the Law on Personal Income Tax.

3. Abolish the provisions at:

a) Article 2 of Circular No. 119/2014/TT-BTC dated August 25, 2014, issued by the Minister of Finance amending and supplementing some articles of Circular No. 156/2013/TT-BTC dated November 6, 2013, Circular No. 111/2013/TT-BTC dated August 15, 2013, Circular No. 219/2013/TT-BTC dated December 31, 2013, Circular No. 08/2013/TT-BTC dated January 10, 2013, Circular No. 85/2011/TT-BTC dated June 17, 2011, Circular No. 39/2014/TT-BTC dated March 31, 2014, and Circular No. 78/2014/TT-BTC dated June 18, 2014, of the Ministry of Finance to reform and simplify tax administrative procedures;

b) Chapter III of Circular No. 151/2014/TT-BTC dated October 10, 2014, issued by the Minister of Finance guiding the implementation of Decree No. 91/2014/NĐ-CP dated October 1, 2014, of the Government on amending and supplementing certain articles of decrees on taxes;

c) Chapter III of Circular No. 92/2015/TT-BTC dated June 15, 2015, issued by the Minister of Finance guiding the implementation of value-added tax and personal income tax for resident individuals engaged in business activities; guiding the implementation of certain amended and supplemented provisions on personal income tax as stipulated in the Law Amending and Supplementing Certain Provisions of Laws on Taxation No. 71/2014/QH13 and Decree No. 12/2015/NĐ-CP dated February 12, 2015, of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of Laws on Taxation and Amending and Supplementing Certain Provisions of Decrees on Taxation;

d) Article 4 of Circular No. 25/2018/TT-BTC dated March 16, 2018, issued by the Minister of Finance guiding Decree No. 146/2017/NĐ-CP dated December 15, 2017, of the Government and amending and supplementing some articles of Circular No. 78/2014/TT-BTC dated June 18, 2014, of the Ministry of Finance, and Circular No. 111/2013/TT-BTC dated August 15, 2013, of the Ministry of Finance;

đ) Article 1 of Circular No. 79/2022/TT-BTC dated December 30, 2022, issued by the Minister of Finance amending and supplementing certain legal documents issued by the Ministry of Finance.

4. In cases where the legal documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced documents./.