Decree No. 253/2026/ND-CP detailing the Law on Personal income tax issued

LuatVietnam has updated Decree No. 253/2026/ND-CP, detailing a number of articles of and measures for organizing and guiding the implementation of the Law on Personal Income Tax, which was promulgated by the Government on June 30, 2026. 

Accordingly, Decree No. 253/2026/ND-CP provides regulations on:

• Resident individuals and non-resident individuals as taxpayers;
• Taxable income and income not included in taxable income; conversion of taxable income;
• Tax-exempt income, tax reduction; conditions for tax exemption and tax reduction;
• Bases for tax calculation applicable to each type of income;
• Tax periods; tax withholding, tax declaration on behalf of taxpayers, and tax payment on behalf of taxpayers;
• Tax finalization, tax refund, etc.

Notably, Article 19 of Decree No. 253/2026/ND-CP provides for personal income tax exemption on income from the transfer of a house, residential land use rights, and assets attached to residential land where the transferor owns only one house or residential land use right in Vietnam, provided that the transferor satisfies all of the following conditions:

- The transferor has ownership of only one house or the right to use only one residential land parcel, including the case where there is a house or construction work attached to such land parcel, at the time of transfer.

However, if the transferor owns a future house at the time of transfer, such house shall not be regarded as falling within the case of owning only one house or residential land use right in Vietnam for the purpose of personal income tax exemption.

Where the transferred house is under co-ownership or the residential land is under joint land use rights (including spouses having joint ownership of the house or joint residential land use rights), only the individual who does not own any other house or residential land use right elsewhere is entitled to the tax exemption.

- The transferor has owned the house or held the residential land use right for at least 183 days up to the time of transfer. The date for determining house ownership or residential land use rights is the date on which the Certificate of land use rights and ownership of assets attached to land is granted.

In case the Certificate is re-issued or replaced, such period shall be calculated from the date of issuance of the Certificate before its re-issuance or replacement.

Note: Individuals transferring real estate shall make declarations themselves and take responsibility for the accuracy of the information regarding their only house or residential land use right eligible for tax exemption. If any false declaration is detected, the unpaid tax shall be retrospectively collected, and the individual shall be subject to penalties in accordance with the laws on tax administration and other relevant laws.