Circular No. 80/2012/TT-BTC dated May 22, 2012 of the Ministry of Finance guiding the Law on Tax administration with regard to tax registration

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Circular No. 80/2012/TT-BTC dated May 22, 2012 of the Ministry of Finance guiding the Law on Tax administration with regard to tax registration
Issuing body: Ministry of FinanceEffective date:
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Official number:80/2012/TT-BTCSigner:Do Hoang Anh Tuan
Type:CircularExpiry date:
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Issuing date:22/05/2012Effect status:
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Fields:Tax - Fee - Charge

SUMMARY

GRANTING THE PERSONAL TAX CODE CARD FROM JULY 01, 2012

Under the Circular No. 80/2012/TT-BTC issued by the Ministry of Finance, organizations, households and individuals producing, trading, providing goods and services; Individuals earning incomes subject to personal income tax; Foreign organizations without Vietnamese’s legal status, foreign individuals doing independent business in Vietnam; Other organizations and individuals related to tax issues such as: Project management board, non-business units, organizations and individuals without tax liability but eligible for tax refund or receiving aid from abroad will be issued with a sole tax code for the whole operation as from the tax registration until the shutdown (except for contractors).

The tax payers are individuals subject to personal income tax that complete the procedures and tax registration dossiers shall be issued with “the Tax registration certificate” or “the personal tax code card” within three working days as from receiving the complete tax registration dossier. In case the time limit to receive the Tax registration certificate or tax code notification is over, tax payers can remit to the tax agencies.

Individuals paying personal income tax via multiple paying organizations shall apply for tax registration at one paying organizations for the tax code issuance. Individuals shall notify their tax codes to other paying organizations for them to make tax declaration and tax payment using those tax codes.

Under this Circular, if an individual simultaneous pays personal income tax and does business, the personal income tax code shall be used for declaring and paying tax on the business. If a business individual is already issued with the tax code, such tax code shall be used for declaring and paying personal income tax.

This Circular takes effect on July 01, 2012 and supersedes the Circular No. 85/2007/TT-BTC on July 18, 2007 of the Ministry of Finance; annuls the form No. 01-DK-TNCN used for individuals paying personal income tax promulgated together with the Circular No. 175/2010/TT-BTC on November 05, 2010 of the Ministry of Finance.
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Effect status: Known

THE MINISTRY OF FINANCE

Circular No. 80/2012/TT-BTC of May 22, 2012, guiding the Law on Tax Administration regarding tax registration
Pursuant to the Law on Tax Administration and its guiding documents;
Pursuant to the tax laws, the Ordinance on Charges and Fees and their guiding documents;
Pursuant to the Enterprise Law and its guiding documents;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the General Director of Taxation;
The Minister of Finance issued this Circular to guide the Law on Tax Administration regarding tax registration as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular provides dossiers, the order and procedures for tax registration; modification of tax registration information; invalidation of tax identification numbers; and responsibilities in the management and use of tax identification numbers.
Article 2. Subjects of application
This Circular applies to the following organizations and individuals:
1. Organizations, households and individuals engaged in goods production and trading or service provision.
2. Individuals having incomes liable to personal income tax.
3. Organizations and individuals responsible for withholding and paying taxes into the state budget according to law.
4. Organizations authorized to collect charges and fees.
5. Foreign organizations without the Vietnamese legal entity status, independent foreign practitioners conducting business in Vietnam under Vietnamese law and earning incomes in Vietnam.
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