ON ELABORATION OF THE LAW ON PERSONAL INCOME TAX AND GOVERNMENT’S DECREE NO. 253/2026/ND-CP ON ELABORATION OF AND MEASURES FOR IMPLEMENTATION OF THE LAW ON PERSONAL INCOME TAX

This Circular provides for:

1. The income threshold serving as the basis for determining eligible dependants as prescribed in Point b Clause 4 Article 10 of the Law on Personal Income Tax No. 109/2025/QH15 and Point c Clause 2, and Points a and b Clause 3 Article 47 of Government’s Decree No. 253/2026/ND-CP on elaboration of and measures for implementation of the Law on Personal Income Tax.

2. The supporting documents for determining eligible dependants as prescribed in Clause 6 Article 47 of Decree No. 253/2026/ND-CP.

3. Personal income tax applicable to income from the transfer of derivative securities as prescribed in Clause 5 Article 54 of Decree No. 253/2026/ND-CP.

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

1. The dependant’s average monthly income during the year from all sources of income as prescribed in Point b Clause 4 Article 10 of the Law on Personal Income Tax and Point c Clause 2, and Points a and b Clause 3 Article 47 of Decree No. 253/2026/ND-CP must not exceed VND 3 million.

2. Taxpayers shall be responsible for determining whether their dependants have no income or have an average monthly income during the year from all sources of income not exceeding the threshold prescribed in Clause 1 of this Article, and shall accurately and truthfully declare the dependants’ income. Where the tax authority detects any inaccurate declaration during the implementation process, such declaration shall be handled in accordance with the provisions of law.

1. The supporting documents for determining a dependant who is the taxpayer's child shall be as follows:

a) In the case of a biological child: a copy of the child's Birth Certificate or a copy of the Decision on Recognition of Parent and Child Relationship or a document issued by a competent authority certifying the parent-child relationship, and a copy of the child's Citizen Identity Card, where one has been issued;

b) In the case of an adopted child: a copy of the child's Birth Certificate; a copy of the child's Citizen Identity Card, where one has been issued; and a copy of the Decision on Recognition/Certificate of Adoption issued by a competent authority;

c) In the case of the taxpayer's stepchild: a copy of the child's Birth Certificate; a copy of the child's Citizen Identity Card, where one has been issued; and a copy of the taxpayer's Marriage Certificate or other documents issued by a competent authority proving the relationship with the stepchild;

d) In the case of a child aged 18 years or older who is a person lacking active legal capacity or a person with disabilities, in addition to the documents proving the parent-child relationship corresponding to the cases specified at Points a, b and c Clause 1 of this Article, the supporting documents for determining the eligible dependant shall additionally include a copy of the certificate of Lack of Active Legal Capacity issued in accordance with law or a copy of the Certificate of Disability issued in accordance with the law on persons with disabilities;

dd) In the case of a child attending a university, college, professional secondary school or vocational training institution, including a child aged 18 years or older who is attending upper secondary school (including the period pending examination results from June to September of Grade 12), in addition to the documents proving the parent-child relationship corresponding to the cases specified at Points a, b and c Clause 1 of this Article, the supporting documents for determining the eligible dependant shall additionally include a copy of the student card, a declaration certified by the educational institution, or other documents proving that the child is attending a university, college, professional secondary school, upper secondary school or vocational training institution.

2. The supporting documents for determining an eligible dependant who is the taxpayer's spouse shall comprise a copy of the Citizen Identity Card and a copy of the Marriage Certificate or other documents issued by a competent authority proving the marital relationship.

3. The supporting documents for determining an eligible dependant who is the taxpayer's parent shall be as follows:

a) In the case of the taxpayer's biological father or biological mother: a copy of the father's or mother's Citizen Identity Card and a copy of the taxpayer's Birth Certificate or a copy of the Decision on Recognition of Parent and Child Relationship or a document issued by a competent authority certifying the parent-child relationship;

b) In the case of the taxpayer's adoptive father or adoptive mother: a copy of the father's or mother's Citizen Identity Card and a copy of the Decision on Recognition/Certificate of Adoption issued by a competent authority;

c) In the case of the taxpayer's father-in-law, mother-in-law: a copy of the father's or mother's Citizen Identity Card; a copy of the Birth Certificate of the taxpayer's spouse; and a copy of the taxpayer's Marriage Certificate or other documents issued by a competent authority proving the marital relationship;

d) In the case of a stepfather or stepmother: a copy of the Citizen Identity Card; a copy of the taxpayer's Birth Certificate; and a copy of the Marriage Certificate or other documents issued by a competent authority proving the marital relationship between the stepfather and the taxpayer's biological mother or between the stepmother and the taxpayer's biological father.

4. The supporting documents for determining an eligible dependant who is another individual without support from family and directly maintained by the taxpayer shall comprise: a copy of the Citizen Identity Card; a declaration of the individual directly maintained in the form prescribed by the law on tax administration; documents proving the relationship between the taxpayer and the dependant; and documents proving the taxpayer's legal obligation to maintain the dependant in accordance with law (if any).

5. In the case where the dependant is a person incapable of working, in addition to the documents proving the relevant relationship corresponding to the cases specified in Clauses 1, 2, 3 and 4 of this Article, the supporting documents for determining the dependant shall additionally include documents proving that the person has suffered a working capacity reduction of 81% or more as determined in accordance with law.

6. Taxpayers shall register and amend information relating to dependants in accordance with the law on tax administration and shall be legally responsible for the accuracy of the registration and amendment of dependant information and the declaration of the dependant’s income as prescribed in Clause 1 Article 3 of this Circular. Any inaccurate declaration detected shall be handled in accordance with the law on tax administration and other relevant laws.

7. Where a resident individual who is a foreign national does not possess the documents prescribed for the relevant case specified above, he/she shall provide legal documents issued by a competent authority that satisfy the conditions for qualification as a dependant and demonstrate the relationship between the taxpayer and the dependant.

8. Income payers shall be responsible for retaining and providing complete documents proving the status of dependants to serve inspections, examinations, audits and other cases as prescribed by law.

9. Based on tax registration information, tax authorities shall exploit and use data available in the National Public Service Portal, administrative procedure settlement information systems, national databases and specialized databases managed, shared and made available by state authorities in accordance with law as the basis for determining dependants eligible for family circumstance-based deductions.

Where the tax authority is unable to utilize or use data identifying dependants from the National Public Service Portal, administrative procedure settlement information systems, national databases or specialized databases managed, shared and made available by state authorities in accordance with law, the taxpayer shall provide the documents relating to the determination of dependants as prescribed in this Article.

1. Personal income tax on income from the transfer of derivative securities shall be determined by multiplying the transfer price by the tax rate of 0,1% for each transfer.

2. The transfer price shall be determined as follows:

For the transfer of derivative securities in the form of futures contracts, the transfer price shall be the transfer price of each futures contract transaction. The transfer price of each futures contract transaction shall be determined by multiplying the settlement price of the futures contract at the time assessable income is determined by (x) the contract multiplier, by (x) the number of contracts, by (x) the initial margin ratio, and then dividing (:) the result by 2.

The initial margin ratio shall be announced by the Vietnam Securities Depository and Clearing Corporation in accordance with regulations.

3. Time of determination of assessable income

For derivative securities in the form of futures contracts, the time of determination of assessable income shall be the time at which the investor's purchase or sale order for the futures contract is matched on the trading system of the Stock Exchange or the time at which the futures contract expires.

1. This Circular shall come into force as of July 1, 2026. The provisions relating to income from business activities and income from salaries and wages of resident individuals shall apply from the 2026 tax period.

2. This Circular replaces Circular No. 111/2013/TT-BTC dated August 15, 2013 of the Minister of Finance guiding the implementation of the Law on Personal Income Tax, the Law on amendments to the Law on Personal Income Tax, and Government’s Decree No. 65/2013/ND-CP on elaboration of the Law on Personal Income Tax and the Law on amendments to the Law on Personal Income Tax.

3. The following provisions are repealed:

a) Article 2 of Circular No. 119/2014/TT-BTC dated August 25, 2014 of the Minister of Finance on amendments to Circular No. 156/2013/TT-BTC dated November 6, 2013, Circular No. 111/2013/TT-BTC dated August 15, 2013, Circular No. 219/2013/TT-BTC dated December 31, 2013, Circular No. 08/2013/TT-BTC dated January 10, 2013, Circular No. 85/2011/TT-BTC dated June 17, 2011, Circular No. 39/2014/TT-BTC dated March 31, 2014 and Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance to reform and simplify tax administrative procedures;

b) Chapter III of Circular No. 151/2014/TT-BTC dated October 10, 2014 of the Minister of Finance guiding the implementation of Government’s Decree No. 91/2014/ND-CP dated October 1, 2014 on amendments to Decrees on taxation;

c) Chapter III of Circular No. 92/2015/TT-BTC dated June 15, 2015 of the Minister of Finance guiding the implementation of value-added tax and personal income tax applicable to resident individuals engaged in business activities; and guiding the implementation of a number of amended provisions on personal income tax under Law No. 71/2014/QH13 on amendments to Laws on Taxation and Government’s Decree No. 12/2015/ND-CP dated February 12, 2015 detailing the implementation of the Law on amendments to Laws on Taxation and a number of Decrees on taxation;

d) Article 4 of Circular No. 25/2018/TT-BTC dated March 16, 2018 of the Minister of Finance guiding Government’s Decree No. 146/2017/ND-CP dated December 15, 2017 and on amendments to Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance and Circular No. 111/2013/TT-BTC dated August 15, 2013 of the Ministry of Finance;

dd) Article 1 of Circular No. 79/2022/TT-BTC dated December 30, 2022 of the Minister of Finance on amendments to legal normative documents promulgated by the Ministry of Finance.

4. Where legislative documents referenced in this Circular are replaced or amended, the replacement or amended documents shall govern./.