What are regulations on information about taxpayers security in Vietnam?

What are regulations on information about taxpayers security in Vietnam?

According to the provisions in Article 99 of the Law on Tax Administration 2019, information about taxpayers is protected as follows:

- Tax administration agencies, tax officials, former tax officials, information-providing agencies, tax service organizations, and other individuals involved in tax procedures must keep information about taxpayers confidential as prescribed by law, except in cases specified in Clause 2, Article 99 of the Law on Tax Administration 2019 and Article 100 of the Law on Tax Administration 2019.

- To serve litigation, inspection, examination, and audit activities upon written request, tax administration agencies are responsible for providing information about taxpayers to the following agencies:

+ Investigation agencies, Procuracy, Courts;

+ State Inspectorate, State Audit;

+ Other regulatory agencies of the State as prescribed by law;

+ Foreign tax administration agencies in accordance with international tax treaties of which the Socialist Republic of Vietnam is a member.

What are regulations on information about taxpayers security in Vietnam? (Image from the Internet)

Vietnam: When are information about taxpayers disclosed?

According to Clause 1, Article 29 of Decree 126/2020/ND-CP, tax administration agencies are allowed to disclose information about taxpayers in the following cases:

- Tax evasion, assisting tax evasion acts, tax appropriation, violating tax laws and then fleeing from the business premises; illegal issuance and use of invoices.

- Failure to submit tax declaration dossiers after 90 days from the deadline for submission of tax declaration dossiers as prescribed by current tax laws.

- Ceasing operations without completing the procedures for termination of the tax code, not operating at the registered address.

- Tax law violations by taxpayers affecting the tax rights and obligations of other organizations and individuals.

- Failing to comply with the requirements of tax administration agencies as prescribed by law such as: refusal to provide documents and information to tax administration agencies, non-compliance with inspection, examination decisions, and other requirements of tax administration agencies as prescribed by law.

- Resisting, obstructing tax officials, customs officials in performing their official duties.

- More than 90 days since the tax payment deadline and other state budget contributions or the deadline for compliance with tax administration decisions, but taxpayers or guarantors do not voluntarily comply.

- Individuals and organizations fail to comply with administrative decisions on tax administration and engage in asset dispersion and flight.

- Other information published as prescribed by law.

Are banks allowed to provide information about taxpayers in Vietnam?

Based on Article 98 of the Law on Tax Administration 2019 as follows:

Responsibilities of Organizations and Individuals Related to Providing information about taxpayers

1. The following agencies are responsible for providing information about taxpayers to tax administration agencies:

a) Agencies issuing investment registration certificates, enterprise registration certificates, licenses for establishment and operation must provide information on the content of investment registration certificates, enterprise registration certificates, cooperative registration certificates, business registration certificates, professional licenses, establishment and operation licenses, and changes in business registration content of organizations and individuals to tax administration agencies within 7 working days from the date of issuance and provide other information as requested by the tax administration agencies;

b) The State Treasury provides information on the tax amounts paid and refunded by taxpayers.

2. The following agencies, organizations, and individuals are responsible for providing information upon request from tax administration agencies:

a) Commercial banks provide transaction details through accounts, account balances of taxpayers within 10 working days from the date of receiving the request from tax administration agencies;

b) State management agencies for land and housing provide information on land use status, house ownership of organizations, households, business households, individuals, individual businesses;

c) The police provide and exchange information related to the fight against tax crimes; provide information on exit, entry, and registration, management of transportation means;

d) Organizations and individuals paying income are responsible for providing information on income payment and tax deduction amounts of taxpayers upon request from tax administration agencies;

e) State management agencies for commerce are responsible for providing information on policies for managing import, export, and transit of goods of Vietnam and foreign countries; market management information.

3. Relevant Ministries and sectors are responsible for providing information about taxpayers to tax administration agencies through online connection, daily electronic data exchange through the information about taxpayers system, or through the national single window portal.

4. Other agencies, organizations, and individuals related to taxpayers are responsible for providing information about taxpayers in writing or electronic data as requested by tax administration agencies.

5. The Government of Vietnam stipulates detailed regulations for this Article.

Thus, when requested by tax administration agencies, commercial banks must provide transaction details through accounts and account balances of taxpayers within 10 working days from the date of receiving the request from the tax administration agencies.