How many days overdue will result in the fines for provision of information, documents, legal documents related to taxpayer registration in Vietnam?
How many days overdue will result in the fines for provision of information, documents, legal documents related to taxpayer registration in Vietnam?
Based on Article 14 of Decree 125/2020/ND-CP regulating penalties for violations concerning the provision of information related to tax obligations:
Article 14. Penalties for Violations Concerning the Provision of Information Related to Determining Tax Obligations
- A monetary fine ranging from 2,000,000 VND to 3,000,000 VND for any of the following actions:
a) Providing information, documents, legal records related to taxpayer registration as per the tax authority’s notification, which is overdue by 05 working days or more;
b) Providing information, documents, or accounting books related to determining tax obligations as per the tax authority’s notification, which is overdue by 05 working days or more.
- A monetary fine ranging from 3,000,000 VND to 5,000,000 VND for any of the following actions:
a) Failing to provide or providing incomplete, incorrect information, documents, vouchers, invoices, accounting books related to determining tax obligations; providing incomplete, incorrect account numbers, account balances of deposit accounts, or payment accounts to the competent authority when requested;
b) Failing to provide, or providing incomplete or incorrect criteria and data related to tax obligations required to be registered under the regulations but does not reduce tax obligations to the state budget;
c) Failing to provide, or providing incomplete, incorrect information, documents related to deposit accounts, payment accounts at credit institutions, the State Treasury, and related third-party debts when requested by the tax authority.
- Remedies: Compulsory provision of information for actions stipulated in Clause 2 of this Article.
Entities involved in providing information, documents, legal records related to taxpayer registration as per the tax authority’s notification, which exceeds the specified deadline by 05 working days or more, will be fined 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, fines applicable to individuals are imposed. (Regulated in Clause 4, Article 7 of Decree 125/2020/ND-CP)
How many days overdue will result in the fines for provision of information, documents, legal documents related to taxpayer registration in Vietnam? (Image from the Internet)
What are rights of the taxpayer in Vietnam?
Based on Article 16 of the 2019 Law on Tax Administration (amended by Clause 3 Article 6 of the Law Amending the Law on Securities, Law on Accounting, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public Property, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, Law on Handling Administrative Violations 2024), taxpayers have the following rights:
- To be assisted, guided in tax matters; and to provide information, documents to fulfill their tax obligations and rights.
- To receive documents related to tax obligations from competent agencies during inspections, audits, and checks.
- To request tax authorities to explain tax calculations, tax impositions; to request assessment of quantity, quality, and categories of exported and imported goods.
- To have their information kept confidential, except for information required to be provided to competent state agencies or information publicly disclosed in accordance with the law.
- To enjoy tax incentives, tax refunds according to tax laws; to be informed of the time frame for processing tax refunds, the amount not refunded, and the legal basis for the amount not refunded.
- To enter into contracts with business organizations providing tax procedural services or customs procedural agents to execute tax agency services or customs procedural services.
- To receive tax treatment decisions, tax inspection records, and audit documents; to request clarification of tax treatment decisions; to have their opinions reserved in tax inspection records; to receive tax inspection conclusions, post-inspection handling decisions from tax authorities.
- To be compensated for damages caused by tax authorities or tax officials in accordance with the laws on state compensation liability.
- To request tax authorities to confirm the fulfillment of tax obligations.
- To lodge complaints, initiate lawsuits against administrative decisions or actions affecting their lawful rights and interests.
- To not be penalized for administrative violations of tax, or charged for late payments in case of acting based on tax authority or competent state agency guidance and decisions relevant to determining tax obligations.
- To denounce violations of tax law by tax officials and other organizations or individuals according to the laws on denunciation.
- To search, view, and print all electronic documents sent to the tax authority’s electronic portal pursuant to this Law and electronic transaction law.
- To use electronic documents in transactions with tax authorities and related agencies or organizations.
Which agencies in Vietnam are responsible for providing taxpayer information to tax authorities?
Based on Article 98 of the 2019 Law on Tax Administration, the following agencies are responsible for providing taxpayer information to tax authorities:
- Agencies issuing investment registration certificates, business registration certificates, establishment and operation licenses are responsible for providing information on the contents of investment registration certificates, business registration certificates, cooperative registration certificates, business registration certificates, professional practice licenses, establishment and operation licenses, and amended business registration information to tax authorities within 07 working days from the issuance date and to provide other information as requested by tax authorities.
- The State Treasury provides information on tax amounts paid and refunded by taxpayers.
