Circular No. 41/2026/TT-BTC on providing guidelines on tax declaration, withholding, payment and finalization on the cryptoasset market

CIRCULAR

PROVIDING GUIDELINES ON TAX DECLARATION, WITHHOLDING, PAYMENT AND FINALIZATION ON 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 by the Law No. 90/2025/QH15 and Law No. 149/2025/QH15;

Pursuant to the Law on Personal Income Tax No. 04/2007/QH12 amended and supplemented by 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 amended and supplemented by the Law No. 56/2024/QH15;

Pursuant to the Government’s Decree No. 320/2025/ND-CP on elaboration of some Articles and measures for organization and provision of guidelines for implementation of the Law on Corporate Income Tax;

Pursuant to the Government’s Decree No. 181/2025/ND-CP on elaboration of some Articles of the Law on Value-Added Tax, amended and supplemented by the Decree No. 359/2025/ND-CP;

Pursuant to the Government’s Decree No. 65/2013/ND-CP on elaboration of some Articles of the Law on Personal Income Tax and the Law Amending and Supplementing some Articles of the Law on Personal Income Tax amended and supplemented by the Decree No. 12/2015/ND-CP;

Pursuant to the Government’s Decree No. 126/2020/ND-CP on elaboration of some Articles of the Law on Tax Administration, amended and supplemented by the Decree No. 91/2022/ND-CP and Decree No. 373/2025/ND-CP;

Pursuant to the Government’s Resolution No. 05/2025/NQ-CP piloting 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 Finance amended and supplemented by the Decree No. 166/2025/ND-CP;

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

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

Article 1. Scope

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

Article 2. Regulated entities

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

Article 3. Tax declaration, payment and finalization

Organizations providing cryptoasset services as prescribed in clause 3 Article 3 of the Resolution No. 05/2025/NQ-CP (hereinafter referred to as “service providers”), organizations established and operating as per the laws of Vietnam which conduct transactions, transfers, or business activities involving cryptoassets on the cryptoasset market in Vietnam) shall carry out tax declaration, payment and finalization as follows:

1. Value-added tax declaration and payment

Service providers and organizations established and operating in accordance with the laws of Vietnam which conduct the activities specified in clause 2 Article 3 of the Circular No. 32/2026/TT-BTC providing guidelines on value-added tax, corporate income tax, and personal income tax for crypto-asset transactions, transfers, and business activities shall declare and pay VAT as follows:

VAT declaration dossiers shall be prepared in accordance with Section 2 of Appendix I – List of tax declaration dossiers promulgated together with the Decree No. 126/2020/ND-CP amended by the Decree No. 373/2025/ND-CP.

Forms of tax declaration dossiers shall follow the forms set out in Section II. Forms of VAT declaration dossiers are provided in the Appendix II – List of forms of tax declaration dossiers promulgated together with Circular No. 80/2021/TT-BTC and Decree No. 126/2020/ND-CP amended by Circular No. 40/2025/TT-BTC.

2. Corporate income tax declaration, payment and finalization

Corporate income tax declaration dossiers shall be prepared in accordance with Section 7 of Appendix I – List of tax declaration dossiers promulgated together with the Decree No. 126/2020/ND-CP amended by the 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 promulgated together with the Circular No. 80/2021/TT-BTC amended and supplemented by the 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 in accordance with the laws of Vietnam must determine the amount of quarterly provisional tax payable and remit such tax to the state budget in accordance with clause 6 Article 8 of Decree No. 126/2020/ND-CP amended by the Decree No. 91/2022/ND-CP. The provisional corporate income tax paid shall be offset against the 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, such organizations must submit the annual tax finalization dossier.

3. Service providers and organizations established and operating in accordance with the laws of Vietnam shall submit tax declaration dossiers electronically. The authority responsible for receiving and processing tax declaration dossiers is the tax authority that directly manages the taxpayer. Deadlines for submission of tax declaration dossiers and for tax payment shall comply with Chapters IV and VI of the Law on Tax Administration No. 38/2019/QH14 and its guiding documents.

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

1. Service providers shall withhold and pay on taxpayers’ behalf corporate income tax incurred from each cryptoasset transfer transaction conducted by organizations established as per foreign laws (hereinafter referred to as “foreign organizations”) through service providers; withhold and pay on taxpayers’ behalf personal income tax incurred 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 confirming a successful cryptoasset transfer transaction.

b) The corporate income tax and personal income tax amounts subject to withholding shall be determined at the rates prescribed in clause 3 Article 4 and Article 5 of the 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) A withheld tax declaration dossier shall consist of:

b.1) A tax withholding declaration for foreign organizations and individuals engaged in cryptoasset transfer activities through service providers, which is made using the Form No. 01/TSMH promulgated together with this Circular.

b.2) A detailed schedule of withheld tax amounts of foreign organizations and individuals engaged in cryptoasset transfer activities through service providers, which is made according to Form No. 01-1/BK-TSMH promulgated together 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 20th day of the month succeeding the month in which the tax liability arises. The deadline for tax payment shall be the last day of the deadline for submission of tax declaration dossiers.

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

Article 5. Responsibilities of service providers

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

2. Manage investors’ accounts; fully and accurately retain data on cryptoasset trading and transfer generated for each transaction, and information and documents related to the determination of the amount of tax subject to withholding and the amount of tax already withheld of taxpayers as per the law on tax administration.

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

4. Organize the development and operation of information technology system and system for management of cryptoasset transaction data ensuring the capacity for data extraction, annual aggregation, and data conversion into formats compatible with the management systems of tax authorities.

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

Article 6. Implementation clause

1. This Circular comes into force from April 06, 2026, and shall be piloted within piloting period prescribed in clause 9 Article 4 and clauses 2 and 3 Article 18 of the Resolution No. 05/2025/NQ-CP.

2. The provisions on tax administration not covered by this Circular shall be implemented in accordance with the applicable law on tax administration.

3. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Finance for instructions./.