This is one of the contents proposed by the Ministry of Finance in the dossier requesting the construction of the Project of Law on Amending and Supplementing a Number of Articles of the Securities Law, Accounting Law, Independent Audit Law, State Budget Law, Law on Management and Use of Public Assets, Tax Administration Law, and Law on National Reserves.
According to the draft outline, one of the notable points in amending and supplementing a number of articles of the Law on Tax Administration is to amend and supplement Clause 1, Article 66 in the direction of: adding the subject of individuals who are legal representatives of enterprises as specified in Clause 7, Article 124 of the Law on Tax Administration to Clause 1, Article 66 of the same Law for consistency.
Additionally, the list of subjects proposed to be temporarily suspended from exiting the country includes: individuals who are legal representatives of cooperatives, unions of cooperatives, household owners, and business individuals.
According to the Ministry of Finance, the regulation in Clause 1, Article 2 of the Law on Tax Administration defines “taxpayers” as including both organizations and individuals. Therefore, the temporary suspension of exit from the country for this subject as prescribed in Clause 1, Article 66 is inconsistent with reality.
People doing exit procedures at the airport. Illustration: Vnbusiness image.
The application of the measure of temporary suspension of exit from the country needs to be implemented for subjects who are individual taxpayers and other individuals who are legal representatives of tax-paying organizations (including household owners, legal representatives of enterprises, legal representatives of cooperatives, unions of cooperatives, and business individuals), instead of only applying to legal representatives of enterprises as stipulated in Clause 7, Article 124.
“The measures of property seizure and collection from third parties face many difficulties, such as the difficulty in verifying information to determine the ownership of the taxpayer’s property for enforcement, or the determination of the ratio of responsibility of the taxpayer in debt with the contribution ratio of the enterprise or the determination of the ratio of assets for co-owned properties,” the Ministry of Finance said.
Moreover, most of the taxpayers’ assets are mortgaged at credit institutions or have a low period of use. The process is complicated and time-consuming, and tax officials are not trained in asset valuation and appraisal…
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