UPDATES REGULATIONS ON TAX REGISTRATION INFORMATION FOR

FOREIGN REPRESENTATIVE OFFICES IN VIETNAM

Comply with the provisions of Articles 6, 7, 8, and 63 of Decree No. 252/2026/ND-CP on tax registration and standardization of tax registration data, whereby, taxpayers who are branches and representative offices of foreign companies operating in Vietnam when declaring and updating information on legal owners and beneficial owners of overseas parent companies.

TAX REGISTRATION INFORMATION MUST BE UPDATED – DECLARED DIRECTLY WITH THE TAX AUTHORITY:

According to the regulations effective from July 2026, applicable to branches and representative offices of foreign companies operating in Vietnam:

1. Register and declare information on legal owners and direct beneficial owners to tax authorities.
2. The contents must be made according to the List BK07-DKT and submitted together with the tax registration dossier within 10 working days from the date the branch or representative office is granted the establishment and operation license by a competent authority of Vietnam or a document of equivalent legal validity.
3. When there is a change in tax registration information or information on the lists, the branch or representative office of the foreign company operating in Vietnam must carry out the procedures for changing tax registration information within 10 working days from the date of the change.
4. For branches and representative offices of foreign companies that have been granted tax identification numbers before July 1, 2026, when carrying out procedures for changing tax registration information, they must supplement the List BK07-DKT if they have not declared before.
5. In particular, during the period of suspension of operation, if there is a change in information about the legal owner or beneficial owner, the branch or representative office of the foreign company operating in Vietnam must still carry out the procedures for changing tax registration information with the tax authority as prescribed.

Instructions on the contents to be provided according to the List BK07-DKT:

1. Legal owner means an organization or individual in the name of owning the capital, shares or equivalent ownership rights of the company according to the law of the country where the company is established or registered.
2. Beneficial owners are determined according to the provisions of Clause 7, Article 3 of the Law on Prevention and Combat of Money Laundering, Clause 35, Article 4 of the Law on Enterprises and documents guiding the implementation of these Laws.
3. On the form of List BK07-DKT, branches and representative offices of foreign companies operating in Vietnam should note the following information:
   • Branches and representative offices must declare information of the overseas parent company they belong to or represent, including information about the legal owner and beneficial owners in accordance with the provisions of law.
   • If you are a Vietnamese individual (except for Vietnamese living abroad who do not have an ID/citizen ID): write “Identity card/citizen ID” and citizen ID number.
   • If you are a foreigner/Vietnamese living abroad and have a passport: write “Passport” and fill in the passport number.
   • If you are a foreigner/Vietnamese living abroad without a passport: write “Other Legal Documents” and fill in the document number.
   • For organizations: write the type of legal documents issued and fill in the document number.

LEGAL GROUNDS 

Obligation to provide tax information – keeping tax records of foreign representative offices in Vietnam.

Obligation to provide information:

1. Branches and representative offices of foreign companies operating in Vietnam are obliged to declare and update to tax authorities’ information about the legal owners and beneficial owners of the overseas parent companies they belong to or represent when making their first tax registration and when changing tax registration information in accordance with the law on tax registration.
2. The legal owner in this case is the organization or individual in the name of owning the capital, shares or equivalent ownership rights of the company according to the law of the country where the company is established or registered.
3. Beneficial owners are determined in accordance with the provisions of the Law on Prevention and Combat of Money Laundering, the Law on Enterprises and guiding documents.
4. The information provided must be accurate, complete, timely and exchangeable for tax purposes in accordance with the provisions of Vietnamese law, international tax treaties to which Vietnam is a signatory or international tax agreements to which Vietnam has signed.
5. It is not allowed to refuse to provide information at the lawful request of the tax authority on the grounds that the information falls within the scope of bank secrets or other confidentiality obligations, unless otherwise provided for in treaties to which Vietnam is a contracting party or the information is held by banks, financial institutions, intermediary organizations or third parties.

Obligations to organize, archive and provide tax records:

1. Branches and representative offices shall keep dossiers and documents related to this tax registration information during the operation period, ensuring timely provision at the request of tax authorities; the minimum archival duration is 05 years from the end of the calendar year or relevant reporting period.
2.  The legal representative of the taxpayer shall be responsible for performing by himself or hiring an organization or archival agency to preserve and archive accounting documents in Vietnam after the suspension of business or dissolution, and at the same time must notify in writing the place where the accounting documents are stored to the tax authority to ensure the obligation to provide sufficient dossiers and information at the request of the tax authority and other competent state agencies when there is any doubt or detection of abnormal signs in the tax dossier or other disputes arise (if any).
3. Taxpayers, other relevant agencies, organizations and individuals are obliged to collect, store and provide prescribed information at the request of tax authorities for the purpose of information exchange.
4. Branches and representative offices of foreign companies operating in Vietnam shall submit dossiers to tax authorities electronically through the National Public Service Portal, the National Identification Application or the Tax Administration Information System. In case it is not possible to carry out tax registration procedures electronically, taxpayers shall submit paper dossiers directly at the Public Administration Center or by public post.

COMPLIANCE AND KEEP THE GOOD STANDING

According to the above regulations, from July 2026, all foreign representative offices in Vietnam need to organize the collection, storage, preparation of reports, and registration with the tax authorities on the legal owners and beneficial owners of the overseas parent company.

1. Proactively review information, declare in accordance with regulations on the BK07-DKT List and promptly update when there are changes to ensure the interests of businesses as well as avoid legal risks in the process of operation.
2. Promptly update when there is a change in tax registration information or information about the legal owner or beneficial owner within the prescribed time limit.
3. Keep records and documents related to information of legal owners and beneficial owners throughout the course of operation; ensure timely provision at the request of tax authorities. The minimum retention period is 05 years from the end of the calendar year or relevant reporting period.

VIVA is a local expert on business compliance at state agencies, which has been trusted by thousands of foreign investors, multinational companies from Europe, Japan, Singapore, India, Korea, the United States, etc. 

Please talk to our experts to always have the right and optimal solutions for all tax procedures and other compliances when operating a foreign representative office in Vietnam.

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