Recently, the Government of Vietnam has issued the Decree No. 126/2020/NĐ-CP on elaboration of the Law on Tax Administration. According to this Decree, there are supplemented cases of publishing of information about taxpayers from December 05, 2020.
Article table of contents
Specifically, according to Article 29 of the Decree No. 126/2020/NĐ-CP of Vietnam’s Government, 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 offenses 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 invalidating the taxpayer identification number (TIN); and is not operating at the registered address; (completely new provision)
- The taxpayer commits a tax offense 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 the state budget within 90 days from the deadline for payment or implementation of the tax decision; (completely new provision)
- The taxpayer conceals and disguises assets; absconds instead of implementing tax decisions; (completely new provision)
- Other information prescribed by law.
In comparison with Article 47 of Decree No. 83/2013/NĐ-CP of Vietnam’s Government on the implementation of a number of articles of the Law on Tax Administration and the Law on amendments to the Law on Tax Administration, Decree No. 126/2020/NĐ-CP of Vietnam’s Government has supplemented some more cases of publishing of information about taxpayers.
It can be seen that this regulation is more stringent, taxpayers need to strictly abide by the law in their activities, and avoid performing illegal acts that will lead to information disclosure.
Besides, according to Decree No. 126/2020/NĐ-CP of Vietnam’s Government, published information include:
- The taxpayer’s TIN;
- The taxpayer’s name;
- The taxpayer’s address;
- Reasons for information publishing.
The tax authority may publish other relevant information on a case-by-case basis.
Information publishing methods include:
- Publishing information on websites or web portals of tax authorities
- Publishing information through mass media;
- Posting at premises of tax authorities;
- Providing information through citizen reception, press conferences, press releases, spokespersons of tax authorities as prescribed by law.
- Other methods prescribed by relevant regulations.
Note: Before publishing information about the taxpayer, the tax authority shall make sure the information is accurate. In case published information is inaccurate, the head of the tax authority shall rectify the information using the methods that have been implemented.
Thus, from December 05, 2020, when the Decree No. 126/2020/NĐ-CP of Vietnam’s Government takes effect, taxpayers will be more susceptible to information disclosure if they fall into the above cases. Published information and publishing methods are also specified in this Decree (previously there was no specific regulation). Thus, organizations and individuals need to pay attention to avoid acts that lead to their information being disclosed.
Le Vy
- Key word:
- Decree No. 126/2020/NĐ-CP
- taxpayers
