The Ministry of Finance proposes new guidelines on personal income tax.
Income level used to determine dependents for whom tax deductions are applicable.
According to the draft, the average monthly income for the year from all sources of income of dependents as stipulated in point b, clause 4, Article 10 of the Personal Income Tax Law No. 109/2025/QH15 and point c, clause 2, points a and b, clause 3, Article 47 of Decree No. .../2026/ND-CP shall not exceed 3 million VND (an increase of 2 million VND compared to the current level (which is 1 million VND)). (*)
Taxpayers are responsible for determining dependents who have no income or whose average monthly income from all sources during the year does not exceed the prescribed limit, and for accurately and truthfully declaring the income of dependents as required. If the tax authorities discover any false declarations during the process, the taxpayer will be penalized according to the law.
Documents identifying dependents eligible for personal allowance deductions.
1. The documentation required to identify a taxpayer's child as a dependent is as follows:
a) For biological children: a copy of the birth certificate and a copy of the identity card if an identity card has been issued.
b) For adopted children: a copy of the birth certificate; a copy of the identity card if one has been issued; and one of the following documents: a copy of the decision recognizing the adoption or the decision recognizing the parent-child relationship issued by a competent state agency.
c) For stepchildren of the wife or husband: a copy of the birth certificate and a copy of the identity card if one has been issued; a copy of the taxpayer's marriage certificate or other documents to prove the relationship with the stepchild of the wife or husband.
2. The documentation required to identify a dependent as the taxpayer's spouse is as follows:
a) A copy of your ID card.
b) A copy of the marriage certificate or other document proving the marital relationship, certified by a competent authority.
3. The documentation required to identify dependents as the taxpayer's parents is as follows:
a) For the taxpayer's biological father and mother: a copy of their Identity Card and Birth Certificate.
b) For the father-in-law, mother-in-law, or husband's father, husband's mother: A copy of the wife's or husband's identity card, a copy of the birth certificate; a copy of the marriage certificate or other documents proving the marital relationship certified by a competent authority.
c) For stepfathers and stepmothers: a copy of their Identity Card, a copy of their Marriage Certificate; a copy of the birth certificate of the taxpayer's spouse; a copy of their Marriage Certificate or other documents proving the marital relationship, certified by a competent authority.
d) For adoptive fathers and mothers: a copy of their Identity Card; a copy of the Decision recognizing the adoption, or the Decision recognizing the parent-child relationship issued by a competent state agency.
4. Documents identifying dependents whom the taxpayer is legally obligated to directly support: Photocopy of Identity Card; Self-declaration form of the taxpayer according to the mẫu issued with Circular No. /TT-BTC of the Minister of Finance guiding the implementation of some articles of the Law on Tax Administration and Decree No. /ND-CP of the Government detailing some articles of the Law on Tax Administration; documents proving that the taxpayer is responsible for supporting dependents according to the law.
5. Documents identifying dependents who are children aged 18 or older in cases of loss of civil capacity or disability: In addition to the documents proving the child relationship corresponding to the cases specified in Clause 1 above, the documents identifying dependents must also include: A copy of the Certificate of Loss of Civil Capacity as prescribed by law or a copy of the Certificate of Disability as prescribed by law on persons with disabilities.
6. Documents identifying dependents who are children studying at universities, colleges, vocational schools, or professional training centers, including children aged 18 and above studying at the general education level (including the period awaiting exam results from June to September of the 12th grade): In addition to the documents proving the child relationship corresponding to the cases specified in Clause 1 above, the dependent identification documents must include a photocopy of the student ID card or a declaration certified by the school or other documents proving enrollment at universities, colleges, vocational schools, high schools, or vocational training centers.
7. Documents identifying dependents who are unable to work: In addition to documents proving the relationship corresponding to the cases specified in clauses 1, 2, 3, and 4 above, the documents identifying dependents must also include documents proving that the person has a disability rate of 81% or higher as determined by law.
8. Taxpayers shall register and change dependents in accordance with the tax administration law and shall be solely responsible before the law for the accuracy of the registration and changes to dependents, the declaration of dependent income as stipulated in (*) above. In case of fraud, they will be dealt with according to the tax administration law and relevant laws.
9. For resident individuals who are foreigners, if they do not have the documents as instructed for each specific case above, they must have legal documents issued by a competent authority showing the relationship between the dependent and the taxpayer.
10. Organizations and individuals paying income are responsible for retaining and providing complete documentation proving dependents to facilitate inspections, audits, and other cases as prescribed by law.
11. Based on the taxpayer's tax registration information, the tax authority exploits and uses data from the National Public Service Portal, the administrative procedure resolution information system, national databases, and specialized databases managed by state agencies that are shared and exploited according to the law to determine dependents eligible for family allowance deductions.
In cases where the tax authority cannot access or utilize data identifying dependents within the National Public Service Portal, the administrative procedure resolution information system, national databases, or specialized databases managed by state agencies that are shared and accessed according to legal regulations, the taxpayer shall provide relevant documents to identify dependents.
Personal income tax on the transfer of derivative securities.
The draft also clarifies the regulations on personal income tax on the transfer of derivative securities as stipulated in Clause 5, Article 54 of Decree No. /2026/ND-CP.
According to the draft, personal income tax on income from the transfer of derivative securities is determined by multiplying the transfer price by the tax rate of 0.1% for each transfer.
The transfer price is determined as follows:
For the transfer of derivative securities in the form of futures contracts, the transfer price is the transfer price of each futures contract. In this case, 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 multiplier, multiplying the number of contracts by the initial margin ratio, and dividing by 2. (The initial margin ratio is announced by the Vietnam Securities Depository and Clearing Corporation as per regulations).
The time for determining taxable income from derivative securities, specifically futures contracts, is the time when an investor's buy or sell order for the futures contract is matched on the stock exchange's trading system, or the time when the futures contract expires.
The draft is currently open for public comment on the Ministry of Finance's electronic portal.
Source: https://baochinhphu.vn/de-xuat-huong-dan-moi-ve-thue-thu-nhap-ca-nhan-10226042115162423.htm
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