The Ministry of Finance has released an appraisal document for the draft decree amending and supplementing certain provisions of Decree 126/2020, which details specific articles of the Law on Tax Administration. The focus is on financial obligations related to land and personal income tax from real estate.
According to the draft, tax authorities must issue and send tax payment notices to taxpayers within specific timeframes after receiving tax declaration dossiers, information transfer slips for determining land-related financial obligations, and legal documents from competent state agencies:
Within 7 working days for land use fees and additional payments by organizations or individuals who are overseas Vietnamese; 5 working days for land use fees and additional payments by domestic households or individuals; 5 working days for land rental fees and additional payments; and 3 working days for personal income tax from real estate transfers, inheritances, gifts, and property registration fees.
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In cases where there are documents specifying deductions for land rental or land use fees, tax authorities must issue notices within 7 days of receiving such documents. Commune-level People’s Committees or provincial-level agencies are responsible for sending these deduction documents to tax authorities within 5 days of receiving the dossiers.
Additionally, the draft stipulates that by April 30th each year, tax authorities must issue land rental payment notices for cases where payments are made annually.
The draft decree also proposes amendments and supplements to regulations concerning tax payment deadlines for land-related revenues. These changes aim to ensure consistency with the 2024 Land Law and other amended documents.
Specifically, the date of the obligation to pay land use fees to the state budget varies depending on the situation. If land is reclaimed, allocated, or its purpose is changed, requiring a decision from a competent state agency, the obligation arises on the date stated in the land allocation or land use purpose change decision.
For cases where land use rights are recognized for households or individuals, the obligation arises when the land registration office sends cadastral information to the tax authority.
By Nguyen Le
– 10:10 07/10/2025
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