What is the maximum fine for late provision of information, documents, and accounting books related to the determination of tax obligations in Vietnam?

What is the maximum fine for late provision of information, documents, and accounting books related to the determination of tax obligations in Vietnam?

Based on Article 14 of Decree 125/2020/ND-CP on penalties for violations related to providing information for tax obligation determination:

Article 14. Penalties for Violations Relating to Providing Information Concerning Tax Obligation Determination

1. A fine ranging from 2,000,000 VND to 3,000,000 VND shall be imposed for the following acts:

a) Providing information, documents, or legal documents related to taxpayer registration, according to tax authority notification, beyond the stipulated deadline of 05 working days or more;

b) Providing information, documents, or accounting books related to determining tax obligations, per tax authority notification, beyond the stipulated deadline of 05 working days or more.

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According to the aforementioned regulation, any entity that provides information, documents, or accounting books related to tax obligation determination beyond the stipulated deadline of 05 working days as announced by the tax authority, shall be subject to a fine ranging from 2,000,000 VND to 3,000,000 VND.

Note: The above penalty applies to organizations. For taxpayers who are households or business households, a penalty equivalent to that for individuals is applied. (As stipulated in Clause 4, Article 7 of Decree 125/2020/ND-CP)

What is the maximum fine for late provision of information, documents, and accounting books related to the determination of tax obligations in Vietnam? (Image from Internet)

In what cases shall a taxpayer in Vietnam be subject to tax assessment?

Based on Article 50 of the Law on Tax Administration 2019 onr tax assessment in cases of tax law violations:

Article 50. Tax Assessment in Cases of Tax Law Violations

1. Taxpayers are subject to tax assessment when they commit one of the following tax law violations:

a) Not registering as a taxpayer, not declaring taxes or not submitting additional tax documents as required by the tax authority, or declaring taxes incompletely, dishonestly, or inaccurately in regards to tax calculation;

b) Not reflecting or not fully, honestly, accurately reflecting data on accounting books to determine tax obligations;

c) Not presenting accounting books, invoices, vouchers, and necessary documents related to determining the amount of tax payable within the prescribed deadline;

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Taxpayers are subject to tax assessment when falling into one of the following cases of tax law violation:

- Not registering as a taxpayer, not declaring taxes, not submitting additional tax documents as required by the tax authority, or declaring taxes incompletely, dishonestly, or inaccurately regarding tax calculation;

- Not reflecting or not fully, honestly, accurately reflecting data on accounting books to determine tax obligations;

- Not presenting accounting books, invoices, vouchers, and necessary documents related to determining the amount of tax payable within the prescribed deadline;

- Not complying with tax inspection, auditing decisions as prescribed;

- Buying, selling, exchanging, and accounting the value of goods, services not according to normal market transaction values;

- Buying, exchanging goods using unlawful invoices or using invoices unlawfully while the goods are real as identified by a competent authority and declared for revenue calculation of tax;

- Showing signs of fleeing or dispersing assets to evade tax obligations;

- Conducting transactions that do not align with the actual economic nature and reality to reduce taxpayer's tax obligations;

- Not complying with declaration obligations, determining transfer pricing or not providing information as regulated concerning tax management for enterprises involved in transfer pricing activities.

Do taxpayers in Vietnam receive documents related to tax obligations?

Based on Article 16 of the Law on Tax Administration 2019 (amended by Clause 3, Article 6 of the Law Amending the Law on Securities, Accounting, Independent Audit, State Budget, Management of Public Property, Tax Administration, Personal Income Tax, National Reserve, Administrative Violations 2024) stipulating taxpayers' rights:

Article 16. Rights of Taxpayers

1. To receive support and guidance in fulfilling tax obligations; to be provided with information and documents for the implementation of their rights and obligations concerning tax.

2. To receive documents related to tax obligations from competent authorities when conducting inspections, audits.

3. To request the tax administration to explain tax calculation, assessment; to request verification of quantity, quality, type of exported or imported goods.

4. To ensure confidentiality of information, except for information that must be provided to competent state agencies or publicly disclosed under tax law.

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Taxpayers have the right to receive documents related to their tax obligations from competent authorities during tax inspections, or audits.