When shall tax authorities disclose taxpayer information in Vietnam?

What are the tax authorities in Vietnam?

According to Clause 2, Article 2 of the Law on Tax Administration 2019, the tax authorities include:

- The tax agencies, which consist of the General Department of Taxation, the Department of Taxation, the Tax Branch, and the Regional Tax Branch;

- The customs agencies, which consist of the General Department of Customs, the Department of Customs, the Post-Clearance Audit Department, and the Customs Branch.

When shall tax authorities disclose taxpayer information in Vietnam? (Image from the Internet)

When shall tax authorities disclose taxpayer information in Vietnam?

According to Clause 1, Article 29 of Decree 126/2020/ND-CP, the tax authorities disclose information about the taxpayer in the following cases:

- Tax evasion, aiding tax evasion, misappropriation of tax money, violating tax laws, and fleeing from the business premises; illegal issuance and use of invoices.

- Failure to submit a tax declaration dossier after 90 days from the expiration date as prescribed by current tax laws.

- Ceasing operation without completing the procedures for terminating the tax code's validity, not operating at the registered address.

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

- Non-compliance with the tax authorities' requirements as prescribed by law, such as refusing to provide information or documents to tax authorities, not complying with inspection and audit decisions, and other requirements of tax authorities as prescribed by law.

- Resisting or obstructing tax and customs officials from performing their duties.

- Over 90 days from the expiration date of tax payment and other amounts due to the state budget, or failing to comply with administrative decisions on tax management voluntarily.

- Individuals or organizations not complying with administrative decisions on tax management and having actions to disperse assets, fleeing.

- Other information disclosed as prescribed by law.

What information must commercial banks provide to tax authorities upon request in Vietnam?

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

Responsibility of organizations and individuals related to providing taxpayer information

1. The following agencies are responsible for providing taxpayer information to tax authorities:

a) The agency issuing investment registration certificates, enterprise registration certificates, establishment and operation licenses must provide information on the content of investment registration certificates, enterprise registration certificates, cooperative registration certificates, business registration certificates, practicing licenses, establishment and operation licenses, and certificates of changes in business registration of organizations and individuals to tax authorities within 07 working days from the date of issuance and provide other information at the request of the tax authorities;

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

2. The following agencies, organizations, and individuals are responsible for providing information at the request of tax authorities:

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

b) State agencies managing houses and land provide information on the actual use status of land, house ownership of organizations, households, business households, individuals, and individual businesses;

c) The police agencies provide and exchange information related to combating tax crimes; provide information on exit and entry and information on registration and management of vehicles;

d) Organizations and individuals paying income are responsible for providing information on income payments and the amount of tax withheld from taxpayers at the request of the tax authorities;

dd) The state agency managing commerce provides information on the policies of managing goods exported, imported, transiting through Vietnam and foreign countries; information on market management.

3. Relevant Ministries and sectors are responsible for providing taxpayer information to tax authorities through online network connections, daily electronic data exchanges via the taxpayer information system, or through the national single-window portal.

4. Other agencies, organizations, and individuals related to taxpayers have the responsibility to provide taxpayer information in writing or electronic data at the request of tax authorities.

5. The Government of Vietnam will provide detailed regulations on this Article.

Thus, when requested by tax authorities, 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 tax authorities.