Circular 41/2026/TT-BTC tax declaration, withholding, payment, and finalization in cryptoasset market

CIRCULAR

Providing guidance on tax declaration, withholding, payment, and finalization in the cryptoasset market

Pursuant to the Law on Corporate Income Tax No. 67/2025/QH15;

Pursuant to the Law on Value-Added Tax No. 48/2024/QH15, amended and supplemented under Law No. 90/2024/QH15 and Law No. 149/2025/QH15;

Pursuant to the Law on Personal income tax No. 04/2007/QH12, amended and supplemented under Law No. 26/2012/QH12, Law No. 71/2014/QH13 and Law No. 56/2024/QH15;

Pursuant to the Law on Tax Administration No. 38/2019/QH14, which was amended and supplemented under Law No. 56/2024/QH15;

Pursuant to the Government’s Decree No. 320/2025/ND-CP detailing a number of articles of, and providing measures for organizing and guiding the implementation of, the Law on Corporate Income Tax;

Pursuant to the Government's Decree No. 181/2025/ND-CP detailing a number of articles of the Law on Value-Added Tax, amended and supplemented under Decree No. 359/2025/ND-CP;

Pursuant to the Government's Decree No. 65/2025/ND-CP detailing a number of articles of the Law on Personal Income Tax and the Law Amending and Supplementing a Number of Articles of the Law on Personal Income Tax, amended and supplemented under Decree No. 12/2025/ND-CP;

Pursuant to the Government's Decree No. 126/2020/ND-CP detailing a number of articles of the Law on Tax Administration, amended and supplemented under Decree No. 91/2022/ND-CP and Decree No. 373/2025/ND-CP;

Pursuant to the Government's Resolution No. 05/2025/NQ-CP on the pilot implementation of the cryptoasset market in Vietnam;

Pursuant to the Government’s Decree No. 29/2025/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, amended and supplemented under Decree No. 166/2025/ND-CP;

At the request of the Director General of Department of Taxation;

The Minister of Finance hereby promulgates the Circular providing guidance on tax declaration, withholding, payment, and finalization in the cryptoasset market.

Article 1. Scope of regulation

This Circular provides guidance on tax declaration, withholding, payment, and finalization in the cryptoasset market in accordance with Resolution No. 05/2025/NQ-CP on the pilot implementation of the cryptoasset market in Vietnam.

Article 2. Subjects of application

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

Article 3. Tax declaration, payment and tax finalization

Organizations engaged in the provision of cryptoasset services as prescribed in Clause 3 Article 3 of Resolution No. 05/2025/NQ-CP (hereinafter referred to as service providers), organizations established and operating under the laws of Vietnam, where such organizations conduct activities of trading, transfer, and business of cryptoassets in the cryptoasset market in Vietnam, shall carry out tax declaration, tax payment, and tax finalization as follows:

1. Value-added tax declaration and payment

Service providers and organizations established and operating under the laws of Vietnam that engage in the activities prescribed in Clause 2 Article 3 of Circular No. 32/2026/TT-BTC providing guidance on value added tax, corporate income tax and personal income tax for cryptoasset trading, transfer and business, shall declare and pay value-added tax as follows:

Value-added tax declaration dossiers shall be prepared in accordance with the provisions in Section 2 of Appendix I - List of tax declaration dossiers to Decree No. 126/2020/ND-CP detailing a number of articles of the Law on Tax Administration, as amended and supplemented under Decree No. 373/2025/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020, detailing a number of articles of the Law on Tax Administration.

Forms of tax declaration dossiers shall follow the forms set out in Section II. Forms of value-added tax declaration dossiers are provided in Appendix II - List of forms of tax declaration dossiers to Circular No. 80/2021/TT-BTC providing guidance on the implementation of a number of articles of the Law on Tax Administration and the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020, detailing a number of articles of the Law on Tax Administration, as amended and supplemented under Circular No. 40/2025/TT-BTC amending and supplementing a number of articles of Circulars on tax administration to delineate the competence of local authorities under the two-tier local government organizational model.

2. Corporate income tax declaration, payment, and finalization

Corporate income tax declaration dossiers shall follow the provisions in Section 7 of Appendix I - List of tax declaration dossiers to Decree No. 126/2020/ND-CP, as amended and supplemented under Decree No. 373/2025/ND-CP.

Forms of tax declaration dossiers shall follow the forms set out in Section VI. Forms of corporate income tax declaration dossiers are provided in Appendix II - List of forms of tax declaration dossiers to Circular No. 80/2021/TT-BTC, as amended and supplemented under Circular No. 40/2025/TT-BTC, Circular No. 94/2025/TT-BTC, and Circular No. 21/2026/TT-BTC.

Service providers and organizations established and operating under the laws of Vietnam, shall determine the amount of provisionally paid tax on a quarterly basis in order to pay corporate income tax into the state budget in accordance with Clause 6 Article 8 of Decree No. 126/2020/ND-CP, as amended and supplemented under Decree No. 91/2022/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020, detailing a number of articles of the Law on Tax Administration; the amount of corporate income tax already provisionally paid shall be credited against the amount of corporate income tax payable upon annual tax finalization. No later than the last day of the third month from the end of the calendar year or fiscal year, service providers and organizations established and operating under the laws of Vietnam, shall submit the annual tax finalization dossier.

3. Service providers and organizations established and operating under the laws of Vietnam, shall submit tax declaration dossiers by electronic means. The tax offices directly managing taxpayers shall receive and process tax declaration dossiers. Deadlines for submission of tax declaration dossiers and tax payment shall comply with Chapter IV and Chapter VI of the Law Tax Administration No. 38/2019/QH14 and its guiding documents.

Article 4. Responsibility for tax withholding, tax payment on behalf, and declaration of withheld tax by service providers

1. Service providers shall withhold and pay on behalf corporate income tax arising from each cryptoasset transfer transaction conducted by organizations established under foreign laws (hereinafter referred to as foreign organizations) through service providers; and withhold and pay on behalf personal income tax arising from each cryptoasset transfer transaction conducted by individuals (including resident individuals and non-resident individuals) through service providers.

2. Time of withholding and determination of the tax amount to be withheld

a) Time of withholding: Service providers shall withhold the corporate income tax and personal income tax payable for each cryptoasset transfer transaction of foreign organizations and individuals at the time of confirmation of successful completion of the cryptoasset transfer transaction.

b) The corporate income tax and personal income tax amounts subject to withholding shall be determined in accordance with the rates prescribed in Clause 3 Article 4 and Article 5 of Circular No. 32/2026/TT-BTC.

3. Declaration and payment of withheld tax

a) Service providers shall declare the withheld tax on a monthly basis.

b) The declaration dossier of withheld tax must comprise:

b.1) Tax withholding declaration for foreign organizations and individuals engaged in cryptoasset transfer activities through service providers, made according to Form No. 01/TSMH to this Circular.

b.2) Detailed list of withheld tax amounts of foreign organizations and individuals engaged in cryptoasset transfer activities through service providers, made according to Form No. 01-1/BK-TSMH to this Circular.

c) Method and deadline for submission of declaration dossiers and payment of withheld tax:

Service providers shall submit tax declaration dossiers by electronic means. The deadline for submission of tax declaration dossiers shall be the 20^th day of the month following the month in which the tax liability arises. The deadline for tax payment shall be the last day of the deadline for submission of the tax declaration dossier.

4. The tax offices directly managing the service providers shall be decided by the Director General of the Tax Department.

Article 5. Responsibilities of service providers

1. To carry out tax withholding, declaration of withheld tax, and payment of withheld tax accurately and fully in accordance with information provided by foreign organizations and individuals in accordance with the law on tax administration; to take responsibility before the law for the accuracy, truthfulness, and completeness of tax dossiers.

2. To manage investors’ accounts; to fully and accurately retain data on cryptoasset trading and transfer arising for each transaction, and information and documents related to the determination of the amount of tax subject to withheld and the amount of tax already withheld of taxpayers in accordance with the law on tax administration.

3. To issue tax withholding certificates for cryptoasset transfer activities according to Form No. 01/CTKT-TSMH to this Circular on an annual basis by electronic means to taxpayers.

4. To organize the development and operation of information technology systems and management of cryptoasset transaction data ensuring the capability of data extraction, annual aggregation, and data conversion into formats compatible with the management systems of tax offices.

5. To provide fully and promptly dossiers, documents, and data related to cryptoasset transfer activities conducted through service providers at the request of tax offices in accordance with the law on tax administration.

Article 6. Effect

1. This Circular takes effect from April 6, 2026, and shall be implemented on a pilot basis in accordance with the pilot implementation period prescribed in Clause 9 Article 4 and Clauses 2 and 3 Article 18 of Resolution No. 05/2025/NQ-CP.

2. Contents relating to tax administration not provided for in this Circular shall be implemented in accordance with the applicable law on tax administration.

3. Any problem arising in the course of implementation should be promptly reported to the Ministry of Finance for guidance./.