Decree 252/2026/ND-CP detailing a number of articles and measures to organize the implementation of the Law on Tax Administration takes effect from July 1, 2026. One of the notable contents is the regulation on cases of temporary suspension of exit due to failure to fulfill tax obligations.
According to point b, clause 1, Article 28 of Decree 252/2026/ND-CP, two groups of individuals may be subject to temporary exit suspension measures, including: Owners benefiting from enterprises according to the provisions of the Enterprise Law and legal representatives of enterprises, cooperatives, and cooperative unions.
However, this measure is not applied just because the business incurs tax debts from 500 million VND.
Must simultaneously meet 3 conditions
According to new regulations, beneficial owners or legal representatives may be temporarily suspended from leaving the country when enterprises, cooperatives, and cooperative unions simultaneously meet three conditions.
First, the unit falls under the case of being subject to enforcement of administrative decisions on tax management.
Second, the total amount of tax debt is from 500 million VND or more.
Third, the tax debt has exceeded the prescribed payment deadline by 120 days or more.
Thus, the tax debt is defined as the obligation of a business, cooperative or cooperative union. The person who may be subject to temporary exit suspension measures is an individual who plays the role of beneficial owner or legal representative of the unit with the debt.
For example, a business with a tax debt of 600 million VND but just overdue for 90 days does not meet the conditions on the debt term to apply this regulation. Similarly, a debt that has been overdue for 120 days but under 500 million VND also does not reach the prescribed threshold.
Tax authorities must notify 30 days in advance
Before applying the temporary exit suspension measure, the tax management agency must notify 30 days in advance.
Notices about the application of temporary exit suspension measures are sent through the Tax Administration Information System to the electronic tax transaction account of the taxpayer. The tax authority also publicly announces the notice on the electronic information page of the tax authority.
When the deadline stated in the notice is reached, if the taxpayer has not completed the tax payment obligation according to the prescribed threshold, the tax authority will send a notice applying the temporary exit suspension measure to the system of the immigration management agency.
The notice is also sent to the electronic tax transaction account of the taxpayer, the person who is temporarily suspended from leaving the country and is publicized on the electronic information page of the tax authority.
On the same day as receiving notification from the system of the tax management agency, the immigration management agency is responsible for implementing the temporary exit suspension measure according to regulations.
Before July 1, 2026, the tax debt threshold subject to temporary exit suspension measures is implemented according to Decree 49/2025/ND-CP.
The old regulations also defined the tax debt threshold from 500 million VND for enterprises, cooperatives, and cooperative unions subject to coercion. The debt must be overdue for more than 120 days. However, the subject mentioned in Decree 49/2025/ND-CP is the legal representative of enterprises, cooperatives, and cooperative unions.
From July 1, 2026, Decree 252/2026/ND-CP adds beneficial owners of enterprises to the group of individuals who may be temporarily suspended from leaving the country. At the same time, new regulations use the overdue debt milestone "from 120 days or more", instead of the "over 120 days" regulation in Decree 49/2025/ND-CP.
Decree 252/2026/ND-CP replaces Decree 49/2025/ND-CP from July 1, 2026.
