General Department of Taxation of Vietnam: 9 groups of enterprises inspected in 2025?

General Department of Taxation of Vietnam: 9 groups of enterprises inspected in 2025?

On October 23, 2024, the Inspectorate of the Government of Vietnam issued Official Dispatch 2220/TTCP-KHTH of 2024 regarding the Orientation of the Inspection Program for 2025 of Ministries, ministerial-level agencies, agencies under the Government of Vietnam, and the People's Committees of provinces and centrally-run cities.

View the full text of Official Dispatch 2220/TTCP-KHTH of 2024 here

In this context, the General Department of Taxation of Vietnam is directed to focus on auditing and inspecting the following businesses:

Firstly, Enterprises operating in sectors and fields with high tax potential or risks such as: Oil and gas; petroleum; electricity; telecommunications; banking; insurance; securities; financial leasing; pharmaceuticals; real estate; construction; gold, silver, gemstones business; leisure and entertainment activities; advertising media; e-commerce...;

Secondly, Large-scale enterprises that have not been audited or inspected for many years;

Thirdly, Enterprises involved in capital transfer, branding, project transfer;

Fourthly, Enterprises issuing securities, paying dividends in stock, or issuing bonus shares;

Fifthly, Enterprises with related-party transactions, transfer pricing issues, business activity results showing losses over several years or significantly lower than those of peers in the same sector and field;

Sixthly, Enterprises with high invoice risks;

Seventhly, Enterprises showing signs of fraud, with risks related to tax refunds or benefiting from tax exemption and reduction incentives;

Eighthly, Enterprises arising tax exemption and reduction dossiers under Double Taxation Avoidance Agreements;

Ninthly, Enterprises with suspicious transaction information provided by banking inspection and supervision agencies, or Customs departments.

General Department of Taxation of Vietnam: 9 groups of enterprises inspected in 2025? (Image from Internet)

What is the tax inspection deadline in Vietnam?

According to Article 115 of the Law on Tax Administration 2019, the tax inspection deadline is regulated as follows:

- The duration of a tax inspection is regulated by the Law on Inspection. The period is calculated as the time of conducting the inspection at the taxpayer's premise from the date of announcing the inspection decision to the date of completing the inspection at the taxpayer's premise.

- When necessary, the person who issues the tax inspection decision may extend the inspection deadline in accordance with the Law on Inspection. The extension is decided by the person who issues the inspection decision.

As per Article 47 of the Law on Inspection 2022, the inspection duration is regulated as follows:

Inspection Duration

1. The duration for conducting an inspection is regulated as follows:

a) An inspection conducted by the Government Inspectorate does not exceed 60 days. In complex cases, it may be extended once for no more than 30 days, and in especially complex cases, a second extension for no more than 30 days is allowed;

b) An inspection conducted by ministerial Inspectorates, general department inspectorates, departments, or provincial Inspectorates does not exceed 45 days. In complex cases, it may be extended once for no more than 30 days;

c) An inspection conducted by local district Inspectorates does not exceed 30 days. In complex cases or difficult travel conditions in remote, border, island, mountainous, and deep-lying areas, it may be extended once for no more than 15 days.

2. The suspension period of the inspection, as stipulated in Article 70 of this Law, is not counted in the inspection duration.

Thus, the specific tax inspection duration for the year 2024 is as follows:

- An inspection conducted by the Government Inspectorate does not exceed 60 days. In complex cases, it may be extended once for no more than 30 days, and in especially complex cases, a second extension for no more than 30 days is allowed.

- An inspection conducted by ministerial Inspectorates, general department inspectorates, departments, or provincial Inspectorates does not exceed 45 days. In complex cases, it may be extended once for no more than 30 days.

- An inspection conducted by local district Inspectorates does not exceed 30 days. In complex cases or difficult travel conditions in remote, border, island, mountainous, and deep-lying areas, it may be extended once for no more than 15 days.

Note: The duration of the inspection is calculated as the time of conducting the inspection at the taxpayer's premise from the date of announcing the inspection decision to the date of completing the inspection at the taxpayer's premise.

What is the procedure for tax inspection at the taxpayer's premise in Vietnam?

Based on Section II of Part II of the Procedure attached to Decision 1404/QD-TCT of 2015, the tax inspection procedure is conducted as follows:

Step 1: Gather documents, analyze, and determine inspection content:

- Based on the annual inspection plan, the leader of the inspection unit assigns official inspectors to gather documents, analyze, and determine the inspection content.

- The inspection unit and official inspectors are not allowed to request taxpayers to provide information or documents already available at the tax authority, such as documents and dossiers on registration, declaration, tax payment, invoice utilization reports, etc., submitted by the taxpayer.

Step 2: Issue the inspection decision:

Based on the determined inspection content, the leader of the inspection unit plans the establishment of an inspection team, including: Head of the inspection team; team members; and, if necessary, a deputy head, to present the inspection decision to the tax authority's leadership for approval.

Step 3: Announce the Tax Inspection Decision:

No later than 15 days from the date of signing the inspection decision, the head of the inspection team is responsible for announcing the inspection decision to the taxpayer unless the decision is annulled or the inspection postponed.

Step 4: Conduct the inspection

- Announce the inspection decision

- Perform the inspection at the taxpayer's premise

- Report the inspection progress

- Prepare an inspection report

Step 5: Conclude the inspection.