When is taxpayer information allowed to be published? What are the regulations on taxpayer information security in Vietnam?
Vietnam: When is taxpayer information allowed to be published?
According to the provisions of Clause 1, Article 29 of Decree 126/2020/ND-CP, information about a taxpayer will be published by the tax authority in the following cases:
- The taxpayer commits tax evasion; assists in tax evasion, tax appropriation, tax offences and abandons the business location; illegally issues or uses invoices.
- The taxpayer fails to submit the tax declaration dossier within 90 days from the submission deadline prescribed by applicable tax laws.
- The taxpayer’s business is suspended; the taxpayer has not completed procedures for invalidated of taxpayer identification number (TIN); is not operating at the registered address.
- The taxpayer commits a tax offence that affects tax-related rights and obligations of another organization or individual.
- The taxpayer fails to comply with requests of tax authorities such as: Refuses to provide information and documents for tax authorities; fails to comply with inspection decision and other requests of tax authorities.
- The taxpayer resists, obstructs tax officials or customs officials from performing their duties.
- The taxpayer fails to pay tax and other amounts to state budget within 90 days from the deadline for payment or implementation of the tax decision.
- The taxpayer conceals and disguises assets; absconds instead of implementing tax decisions.
- Other information prescribed by law.
When is taxpayer information allowed to be published? What are the regulations on taxpayer information security in Vietnam?
Are banks allowed to provide taxpayer information in Vietnam?
According to the provisions of Clause 2, Article 98 of the Law on Tax Administration 2019, it is stipulated as follows:
Responsibilities of relevant entities for providing information
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2. The following entities have the responsibility to provide taxpayer information at the request of tax authorities:
a) Commercial banks shall provide information about transactions and account balance of taxpayers within 10 working days from the day on which the tax authority’s request is received;
c) Land and housing authorities shall provide information about use of land and ownership of houses of organizations, households, household businesses, individuals and individual businesses;
c) Police authorities shall provide and exchanges information about tax offences; entry and exit, registration and management of vehicles;
d) Income payers shall provide information about payment of incomes and tax deducted from the taxpayers’ income at the request of tax authorities;
dd) Trade authorities shall provide information about management of exports, imports and transited goods of Vietnam and other countries; market surveillance information.
3. Relevant authorities shall provide online taxpayer information for tax authorities through the taxpayer information system or National Single-window Information Portal.
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Thus, when requested by the tax authorities, commercial banks shall provide information about transactions and account balance of taxpayers within 10 working days from the day on which the tax authority’s request is received.
What are the regulations on taxpayer information security in Vietnam?
Pursuant to the provisions of Article 99 of the Law on Tax Administration 2019, the taxpayer information security is as follows:
- Tax authorities, tax officials, former tax officials, authorities that provide and exchange taxpayer information, tax agents shall protect the confidentiality of information about taxpayers in accordance with law, except in the cases specified in Clause 2 of Article 99 and Article 100 of the Law on Tax Administration 2019.
- Tax authorities shall provide taxpayer information for the following authorities to facilitate their proceedings, inspection, and audit process:
+ Investigating authorities, Procuracies, Courts;
+ State inspectorates and state audit organizations;
+ Other regulatory bodies prescribed by law;
+ Foreign tax authorities under international tax treaties to which Vietnam is a signatory.
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