Does a company that increases its charter capital have to resubmit its business license tax declaration and pay additional fees?

1. Who must pay business license fees?

Article 2 of Decree 139/2016/ND-CP stipulates the payers of business license fees as follows:

Business license fee payers are organizations and individuals engaged in production and business of goods and services, except for the cases specified in Article 3 of this Decree, including:

- Enterprises are established in accordance with the provisions of law.

- Organization established under the Law on Cooperatives.

- Public service units are established in accordance with the provisions of law.

- Economic organization of political organizations, socio-political organizations, social organizations, socio-professional organizations, and people's armed forces units.

- Other organizations operating production and business.

- Branches, representative offices and business locations of organizations specified in Clauses 1, 2, 3, 4 and 5 of this Article (if any).

- Individuals, groups of individuals, households engaged in production and business activities.

In which cases are subject to exemption from business license fees?

Pursuant to Article 3 of Decree 139/2016/ND-CP and Point c, Clause 1, Article 1 of Decree 22/2020/ND-CP, the exemption of business license fees is stipulated as follows:

2. Cases exempted from business license fees include:

- Individuals, groups of individuals, and households engaged in production and business activities with annual revenue of 100 million VND or less.

- Individuals, groups of individuals, and households that conduct irregular production and business activities; do not have a fixed location according to the guidance of the Ministry of Finance.

- Individuals, groups of individuals, households producing salt.

- Organizations, individuals, groups of individuals, households engaged in aquaculture, fishing and seafood logistics services.

- Commune cultural post office; press agencies (printed newspapers, radio, television, electronic newspapers).

- Cooperatives and cooperative unions (including branches, representative offices, and business locations) operating in the agricultural sector in accordance with the provisions of the law on agricultural cooperatives (amended by Point a, Clause 1, Article 1 of Decree 22/2020/ND-CP)

- People's credit funds; branches, representative offices, business locations of cooperatives, cooperative unions and private enterprises operating in mountainous areas. Mountainous areas are determined according to regulations of the Ethnic Committee. (amended by Point b, Clause 1, Article 1 of Decree 22/2020/ND-CP).

- Exemption from business license fees in the first year of establishment or business operation (from January 1 to December 31) for:

+ Newly established organization (granted new tax code, new business code).

+ Households, individuals, and groups of individuals starting production and business activities for the first time.

+ During the period of exemption from business license fees, organizations, households, individuals, and groups of individuals that establish branches, representative offices, and business locations will be exempted from business license fees during the period the organization, household, individual, or group of individuals is exempted from business license fees.

- Small and medium-sized enterprises converted from business households (as prescribed in Article 16 of the Law on Support for Small and Medium Enterprises) are exempted from business license fees for a period of 03 years from the date of being granted the first business registration certificate.

+ During the period of exemption from business license fees, if a small and medium-sized enterprise establishes a branch, representative office, or business location, the branch, representative office, or business location will be exempted from business license fees during the period the small and medium-sized enterprise is exempted from business license fees.

+ Branches, representative offices, and business locations of small and medium-sized enterprises (which are exempt from business license fees according to the provisions of Article 16 of the Law on Support for Small and Medium-sized Enterprises) established before the effective date of this Decree shall have the business license fee exemption period of the branches, representative offices, and business locations calculated from the effective date of this Decree until the end of the period during which the small and medium-sized enterprise is exempted from business license fees.

+ Small and medium-sized enterprises converted from business households before the effective date of this Decree shall be exempted from business license fees according to the provisions of Article 16 and Article 35 of the Law on Support for Small and Medium-sized Enterprises.

- Public general education institutions and public preschools.