I. Legal basis

Circular 111/2013/TT-BTC

II. Conditions and subjects of application of commitment form 08/CK – TNCN

According to Article 25 of Circular 111/2013/TT-BTC, regulations on Tax deduction for some other cases are as follows:

Organizations and individuals paying wages, remuneration, and other payments to individuals residing without signing labor contracts (according to the instructions at Points c and d, Clause 2, Article 2 of this Circular) or signing labor contracts of less than three (03) months with a total income payment of two million (2,000,000) VND/time or more must deduct tax at a rate of 10% on the income before paying to the individual.

In case an individual has only one income subject to tax deduction at the above rate but the estimated total taxable income of the individual after deducting family circumstances is not enough to pay tax, the individual with income shall make a commitment (according to the form issued with the guidance document on tax management) to the income paying organization so that the income paying organization can temporarily not deduct personal income tax.

Based on the commitment of the income recipient, the income paying organization shall not deduct tax. At the end of the tax year, the income paying organization must still compile the list and income of individuals who have not reached the tax deduction level (in the form issued with the guidance document on tax management) and submit it to the tax authority. The individual making the commitment must be responsible for his/her commitment. In case of detecting fraud, he/she will be handled according to the provisions of the Law on Tax Management.

The individual making the commitment according to the guidance in this point must register for tax and have a tax code at the time of commitment.

III. Commitment form 08/CK – TNCN

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

COMMITMENT

(Applicable when individuals receive income and the estimated total income in the calendar year is not yet at the level subject to personal income tax)

To: (Name of organization, individual paying the collection)………………………………………..

1. My name is: (Write my full name)…………………………..………………….……………
2. Tax code: (Write my full tax code)………………………………………………………………………

3. Residential address: (Write the place of residence (permanent, temporary))……….………………..……

I commit that, in the year……..…I have total income from salary, wages subject to tax deduction at the rate of 10%, but according to the estimated total My income in the year is not more than ………. (*) million VND (written in words……………………………………………………) which is not enough to pay personal income tax. Therefore, I request (Name of the Organization, individual paying income)…………………… based on this commitment not to deduct personal income tax when paying income to me.

I am responsible before the law for the declared figures./.

…., date … month … year …

INDIVIDUAL COMMITMENT

(Sign, full name)

Note: (*) The amount declared in this section is determined by the family deduction level calculated in the year:

IV. Example:

In case the person committing has no dependents: the declared amount is 11 million VND x 12 months = 132 million VND.

In case the person committing has 01 dependent who must actually be supported in the year for 10 months:

Declared amount = 132 million VND + 4.4 million VND x 10 months = 176 million VND

V. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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■ Contact us now

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■ Contact Hankuk Law Firm:

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