VI What are the guidelines on non-cash tax policy for salary payments over 5 million VND in 2026 according to the latest Hanoi Tax regulations? Let’s explore this further with Pham Consult!
Guidelines on non-cash tax policy for salary payments over 5 million VND in 2026 according to the latest Hanoi Tax regulations
On February 3, 2026, the Hanoi City Tax Department issued Official Letter 3602/HAN-QLDN4 of 2026 regarding non-cash salary payments over 5 million VND.
Accordingly, Hanoi City Tax Department has the following opinion on guiding the tax policy for non-cash salary payments exceeding 5 million VND in 2026:
(1) Based on Government Decree 320/2025/ND-CP detailing some articles and measures to organize and guide the implementation of the Corporate Income Tax Law 2025:
– Point c, Clause 1, Article 9 of Decree 320/2025/ND-CP stipulates the deductible expenses when determining taxable corporate income:
Deductible expenses when determining taxable income
- Except for non-deductible expenses specified in Article 10 of this Decree, enterprises are allowed to deduct expenses when determining taxable income if they meet the conditions in points a, b and c below:
- c) Expenses with non-cash payment documents for the purchase of goods, services and other payments each time with a value of 5 million VND or more. Non-cash payment transactions are carried out in accordance with the regulations of the law on value-added tax.
+ Point a, Clause 8, Article 10 of Decree 320/2025/ND-CP stipulates:
Expenses not deductible when determining taxable income:
- Expenses for employees in one of the following cases:
- a) Expenses for salaries, wages and other payments to employees that the enterprise has accounted for as production and business expenses in the period but have not actually paid or for which there are no payment documents as prescribed by law.
Based on the above regulations on expenses only deductible when determining corporate income tax, the Company is requested to comply with the provisions of Article 9 of Decree 320/2025/ND-CP.
During the implementation of tax policies, if there are any difficulties, the Company can refer to the guidance documents of the tax authority posted on the website https://hanoi.gdt.gov.vn or contact the directly managing Tax Authority for assistance.
What are the latest preferential corporate income tax rates in 2026?
Based on Article 19 of Decree 320/2025/ND-CP, the following preferential corporate income tax rates are stipulated:
(1) Applying a tax rate of 10% for 15 years to:
– Income of enterprises from implementing new investment projects specified in points a, b, c, d and e of Clause 2, Article 18 of Decree 320/2025/ND-CP; income of enterprises specified in point e of Clause 2, Article 18 of Decree 320/2025/ND-CP;
– Income of enterprises from implementing investment projects as stipulated in points g and h, Clause 2, Article 18 of Decree 320/2025/ND-CP;
– Income of enterprises from implementing new investment projects in the areas stipulated in point a, Clause 3, Article 18 of Decree 320/2025/ND-CP;
– Income of enterprises from implementing new investment projects in high-tech zones, high-tech agricultural zones, and concentrated digital technology zones; New investment projects in economic zones located in tax-incentive areas as stipulated in points a and b, clause 3, Article 18 of Decree 320/2025/ND-CP, including cases where a new investment project in an economic zone has more than 50% of its area located in tax-incentive areas as stipulated in points a and b, clause 3, Article 18 of Decree 320/2025/ND-CP.
(2) Apply a 10% tax rate throughout the operating period to:
– Income of enterprises in tax-incentive areas as stipulated in point b, clause 3, Article 18 of this Decree from activities in the industries and professions stipulated in points k and l, clause 2, Article 18 of Decree 320/2025/ND-CP;
– Income of enterprises from activities in the sectors and professions specified in points i, r, and s of Clause 2, Article 18 of Decree 320/2025/ND-CP;
– Income of publishing houses from activities in the sectors and professions specified in point t of Clause 2, Article 18 of Decree 320/2025/ND-CP;
– Income of cooperatives and cooperative unions specified in point q of Clause 2, Article 18 of Decree 320/2025/ND-CP not located in the areas specified in Clause 3, Article 18 of Decree 320/2025/ND-CP;
– Income of press agencies in the sectors and professions specified in point u of Clause 2, Article 18 of Decree 320/2025/ND-CP.
(3) Apply a tax rate of 15% throughout the operating period to the income of enterprises not located in the areas specified in Clause 3, Article 18 of Decree 320/2025/ND-CP from activities in the industries and professions specified in Point l, Clause 2, Article 18 of Decree 320/2025/ND-CP.
(4) Apply a tax rate of 17% for a period of 10 years to:
– New investment projects in the preferential industries and professions specified in Points m, n and o, Clause 2, Article 18 of Decree 320/2025/ND-CP;
– New investment projects implemented in the areas specified in Point b, Clause 3, Article 18 of Decree 320/2025/ND-CP;
– New investment projects in economic zones not located in the areas specified in points a and b of Clause 3, Article 18 of Decree 320/2025/ND-CP, including cases where a new investment project of an enterprise is implemented in an economic zone and more than 50% of the area of the new investment project is located in an area that is not a tax-incentive area specified in points a and b of Clause 3, Article 18 of Decree 320/2025/ND-CP.
(5) Applying a tax rate of 17% throughout the operating period to the income of the enterprise specified in point p, Clause 2, Article 18 of Decree 320/2025/ND-CP.
(6) Extension of the period and application of preferential tax rates
– The Prime Minister decides on extending the period of application of preferential tax rates for a maximum of 15 years for the cases specified in points b and c of this clause;
– New investment projects as stipulated in points a, b, d, and e of Clause 2, Article 18 of Decree 320/2025/ND-CP, with a minimum investment capital of VND 6,000 billion, and having a significant socio-economic impact, are especially encouraged;
– Investment projects as stipulated in point g of Clause 2, Article 18 of Decree 320/2025/ND-CP that meet one of the following criteria:
+ Producing goods with global competitiveness, achieving revenue of over VND 20,000 billion/year no later than 5 years from the date of revenue generation from the investment project;
+ Regularly employing over 6,000 workers as determined by labor laws;
+ Investment projects in the field of economic and technical infrastructure, including: Investment in the development of water plants, power plants, water supply and drainage systems, bridges, roads, railways, airports, seaports, river ports, airfields, train stations, new energy, clean energy, energy-saving industries, and petrochemical projects;
+ For new investment projects specified in point h, clause 2, Article 18 of Decree 320/2025/ND-CP, the Prime Minister shall decide on the application of a tax rate reduction of no more than 50% of the tax rate specified in (1); the period of application of the preferential tax rate shall not exceed 1.5 times the period of application of the preferential tax rate specified in (1) and may be extended for no more than 15 years but not exceed the term of the investment project.
(7) The period of application of preferential tax rates on income from the implementation of new investment projects of enterprises as stipulated in Article 19 of Decree 320/2025/ND-CP (including projects mentioned in point g, clause 2, Article 18 of Decree 320/2025/ND-CP) is calculated from the first year the new investment project of the enterprise has revenue.
In cases where the enterprise is granted a Certificate of High-Tech Enterprise, Certificate of High-Tech Agricultural Enterprise, Certificate of Science and Technology Enterprise, Certificate of High-Tech Application Project, or Certificate of Preferential Treatment for the Production of Supporting Industrial Products after the time of revenue generation, the period of application of preferential tax rates is calculated from the year the Certificate or Certificate of Preferential Treatment is granted.
What are the regulations on taxable income and offsetting of taxable income for corporate income tax in the latest tax period of 2026?
Taxable income and offsetting of corporate income tax during the tax period are regulated in Article 6 of Decree 320/2025/ND-CP, specifically as follows:
– For enterprises with multiple production and business activities during the tax period, the taxable income from production and business activities is the total income from all production and business activities.
– In cases where an enterprise incurs losses in its production and business activities, the losses may be offset against the taxable income of other production and business activities that generate income, at the enterprise’s discretion, except as stipulated in Clauses 3 and 4 of Article 6 of Decree 320/2025/ND-CP.
The remaining taxable income after offsetting will be subject to the corporate income tax rate applicable to the production and business activities that generate income.
– In cases where a business incurs losses from real estate transfers, investment project transfers, or transfers of investment project participation rights, these losses cannot be offset against taxable income from production and business activities that are currently enjoying tax incentives.
– Taxable income from the transfer of investment projects for mineral exploration, exploitation, and processing; the transfer of participation rights in investment projects for mineral exploration, exploitation, and processing; and the transfer of mineral exploration, exploitation, and processing rights must be determined separately for tax declaration and payment, and cannot be offset against profits or losses from production and business activities within the tax period.
