Income exempt from personal income tax under the new law

Hạ Linh |

The amended Law on Personal Income Tax (TNCN) was officially passed by the National Assembly with many notable new points.

According to Article 4 of the 2025 amended Law on Personal Income Tax, income is exempt from personal income tax, including:

- Income from transfer, inheritance, gifts are real estate between husband and wife; biological father, biological mother and biological child; adoptive father, adoptive mother and adopted child; father-in-law, mother-in-law and daughter-in-law; father-in-law, mother-in-law and son-in-law; paternal grandfather, paternal grandmother and grandchild; maternal grandfather, maternal grandmother and grandchild; brothers, sisters, brothers together.

- Income from transfer of housing, land use rights and assets attached to residential land of individuals in cases where individuals have only one house or residential land in Vietnam.

However, the Government clarified that the only meaning of exemption from personal income tax for houses and land is social security. In reality, the transfer of real estate of individuals with only one house and land often arises mainly for individuals who need to change their residence to facilitate life, work, study, etc.

The State does not regulate taxes in this case to ensure that individuals when transferring real estate can buy real estate elsewhere with equivalent value, creating conditions for individuals to have a place to live in accordance with housing policies and guidelines.

The above tax exemption regulations have demonstrated the policy of distinguishing between individual civil transactions and regular real estate business activities.

- Income from the value of land use rights of individuals allocated by the State.

- Income of households and individuals directly producing crop products, planted forests, livestock, aquaculture and fishing products that have not been processed into other products or only through regular processing; salt production; income from share income of cooperative members, agricultural cooperative unions, individuals who are farmers signing contracts with enterprises participating in " Large Funds", afforestation for production and aquaculture.

- Income from conversion of agricultural land of households and individuals allocated by the State for production.

- Income from interest on local government bonds is consistent with tax exemption for interest on government bonds, interest on deposits at credit institutions, interest from life insurance contracts.

- Income from remittances.

- All overtime pay, night work pay according to the provisions of law. The regulation of night work hours is implemented according to the provisions of the Labor Code. Salary and wages paid for days off without leave as prescribed by law.

- Pension paid by the Social Insurance Fund; income paid by the supplementary pension insurance fund, voluntary pension fund.

- Income from scholarships received from domestic and foreign organizations under the study promotion support program.

- Income from compensation for life insurance contracts, non-life insurance, compensation for work-related accidents, state compensation and other compensation according to the provisions of law.

- Income received from charitable organizations and funds permitted to be established or recognized by competent state agencies, operating for charitable and humanitarian purposes, not for profit.

- Income received from foreign aid sources for charitable and humanitarian purposes in the form of government and non-government approved by competent state agencies.

- Income from salary and wages of Vietnamese crew members working for foreign shipping lines or Vietnamese shipping lines conducting international transportation.

- Income of individuals who are ship owners, individuals with the right to use ships and individuals working on ships from the activities of providing goods and services directly serving offshore fishing and fishing activities.

- Income from the first transfer of greenhouse gas emission reduction results of individuals recognized as greenhouse gas emission reduction results, personal - bond receipts granted with - bond credits; income from green bond interest; income from the first transfer of green bonds after issuance.

- Income from salaries and wages from performing scientific, technological and innovation tasks.

- Income from copyright of science, technology and innovation tasks when the results of the tasks are commercialized according to the provisions of law on science, technology and innovation, law on intellectual property.

- Income of individual investors, experts working for creative startup projects, founders for creative startup enterprises, individual investors contributing capital to the risk investment fund.

Exemption from personal income tax for a period of 05 years for income from salaries and wages of individuals who are high-tech human resources performing high-tech research and development activities or corresponding strategic technologies under the List of High-Tech prioritized for development investment or List of strategic technology and strategic technology products as prescribed in Clause 2, Article 11 and Clause 1, Article 12 of the Law on High Technology.

In the case of foreign lecturers/Vietnamese scientists abroad who teach, if they meet the regulations on high-tech human resources, perform scientific, technological and innovation tasks, etc., they will also receive incentives according to regulations.

- Income after paying corporate income tax of individuals who are private business owners, individuals who are owners of single-member limited liability companies.

Hạ Linh
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