Is the tax authority responsible for providing information related to the determination of tax obligations to taxpayers in Vietnam?

Is the tax authority responsible for providing information related to the determination of tax obligations to taxpayers in Vietnam?

Based on Article 18 of the Tax Administration Law 2019 which stipulates as follows:

Duties of the tax authority

1. Organize the implementation of tax collection management and other revenues belonging to the state budget according to provisions of tax law and other relevant laws.

2. Propagate, disseminate, and guide tax laws; publicize tax procedures at the headquarters, official electronic information page of the tax authority, and through mass media.

3. Explain and provide information related to the determination of tax obligations to taxpayers; the tax agency is responsible for publicizing payable tax amounts of business households, individual businesses in the areas of communes, wards, commune-level towns.

4. Protect taxpayers' information, except for information provided to competent agencies or information publicly disclosed in accordance with the law.

5. Implement tax exemption; tax reduction; deletion of tax debts, late payment interest, penalties; exemption from late payment penalties; non-calculation of late payment interest; extension for tax payment; installment payment of tax debts; suspension of tax debts, non-collection of tax; handling excess paid tax, late payment interest, penalties; tax refunds as provided by this Law and other legal provisions.

6. Confirm the fulfillment of taxpayers' tax obligations when requested according to legal provisions.

7. Resolve complaints, denunciations related to the implementation of tax law within its jurisdiction.

8. Deliver minutes, conclusions, decisions on tax handling after tax inspections, tax audits to taxpayers and provide explanations upon request.

9. Compensate damages to taxpayers in accordance with the law on state compensation liability.

10. Assess to determine the payable tax amount of taxpayers at the request of competent state agencies.

11. Develop and organize an electronic information system and apply information technology to conduct electronic transactions in the field of taxation.

Thus, one of the duties of the tax authority is to provide information related to the determination of tax obligations to taxpayers.

Is the tax authority responsible for providing information related to the determination of tax obligations to taxpayers in Vietnam? (Image from Internet)

Vietnam: How much is the fine if the taxpayer provides information related to the determination of tax obligations more than 5 days late?

Based on Article 14 of Decree 125/2020/ND-CP which stipulates the penalties for violations regarding the provision of information related to the determination of tax obligations as follows:

(1) A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for one of the following acts:

- Providing information, documents, legal records related to taxpayer registration as notified by the tax authority more than 5 working days late;

- Providing information, documents, accounting books related to the determination of tax obligations as notified by the tax authority more than 5 working days late.

(2) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:

- Failing to provide or providing insufficient, inaccurate information, documents, vouchers, invoices, accounting books related to the determination of tax obligations; providing insufficient, inaccurate account numbers, account balance information to competent authorities when requested;

- Failing to provide or providing insufficient, inaccurate data related to tax obligations required to register according to regulations but not reducing tax obligations to the state budget;

- Failing to provide or providing insufficient, inaccurate information, documents related to deposit accounts, payment accounts at credit institutions, the State Treasury, and third-party debts when required by the tax authority.

(3) Remedial measure: Mandatory provision of information for the acts stipulated in (2).

Thus, it can be seen that taxpayers who provide information related to the determination of tax obligations more than 5 days late shall be fined from VND 2,000,000 to VND 3,000,000.

*Note: According to Clause 4, Article 7 of Decree 125/2020/ND-CP, the above fine is applied to organizations. In case an individual commits the violation, the fine will be half of that for organizations.

What is the time limit for execution of the decision on penalties for violations regarding the provision of information related to the determination of tax obligations in Vietnam?

Based on the provisions of Article 40 of Decree 125/2020/ND-CP as follows:

Time limit for execution of the decision on administrative penalties for taxes, invoices

1. The time limit for execution of the decision on administrative penalties for taxes, invoices is 1 year from the date the penalty decision is issued. After this statute of limitations, if the tax authority has not delivered or sent the administrative penalty decision to the violating organization or individual as stipulated in Article 39 of this Decree, the penalty decision will not be enforced.

If the penalty decision involves remedial measures, the remedial measures will still be applied.

2. In cases where the penalized individual or organization deliberately evades or delays, the time limit for execution of the penalty decision will be calculated from the time the evasion or delay behavior terminates.

3. If the tax authority has delivered or sent the administrative penalty decision to the violating organization or individual as stipulated in Article 39 of this Decree but the individual or organization has not paid or has not fully paid the fine, taxes due, and late payments, the tax authority must monitor the unpaid amounts on the tax management system and apply tax debt enforcement measures as per regulations to collect the full amounts into the state budget.

Thus, the time limit for execution of the decision on penalties for violations regarding the provision of information related to the determination of tax obligations is 1 year from the date the penalty decision is issued.

Note: If the penalty decision involves remedial measures, the remedial measures will still be applied.

Additionally, if the penalized individual or organization deliberately evades or delays, the time limit for execution of the penalty decision will be calculated from the time the evasion or delay behavior terminates.