On September 25, the Investigation Police Agency of Quang Ninh Provincial Public Security issued supplementary decisions, a decision to initiate a criminal case, a decision to prosecute the accused, and a warrant to search the residences of six individuals for smuggling, illegal invoicing, and tax evasion related to limestone export activities.
Among them, Le Vu Tung Lam (DOB: 1973, residing in Minh Khai ward, Hoang Mai district, Hanoi) and Do Van Tuan (DOB: 1984, residing in Yen Hoa ward, Cau Giay district, Hanoi), who served as Director and Deputy Director, respectively, of LT Investment and Industry Co., Ltd., were charged with “Smuggling.”
Pham Van Phong (DOB: 1983), Pham Van Quang (DOB: 1990, both residing in Gia Hung commune, Gia Vien district, Ninh Binh province), Pham Thi Nhat (DOB: 1987, residing in Loc Vuong ward, Nam Dinh city, Nam Dinh province), the accountant of Minh Thong Investment and Trading Co., Ltd., and Trinh Thi Lua (DOB: 1983, residing in Giao Tien commune, Giao Thuy district, Nam Dinh province), the accountant of Tran Vinh Trading Co., Ltd., were charged with “Illegal Invoicing and Tax Evasion.”
The Investigation Police Agency of Quang Ninh Provincial Public Security has issued temporary detention orders for Le Vu Tung Lam, Do Van Tuan, and Pham Van Phong, and residence restriction orders for Pham Van Quang, Pham Thi Nhat, and Trinh Thi Lua.
The above warrants and decisions have been approved by the Quang Ninh Provincial People’s Procuracy.
According to initial information, the Economic Police Department of Quang Ninh Provincial Public Security uncovered that on June 16, 2020, Le Vu Tung Lam and Do Van Tuan colluded to jointly contribute capital to establish LT Investment and Industry Co., Ltd. (LT Company), operating in the field of limestone business and export. Le Vu Tung Lam served as the director, directly managing and directing the company, while Do Van Tuan acted as the deputy director, responsible for finding limestone sources for LT Company to proceed with export procedures to foreign companies.
After establishing the company, Lam and Tuan signed contracts to sell limestone to two foreign companies at prices ranging from 8.6 to 8.9 USD/ton. Subsequently, they signed contracts to purchase limestone from three domestic enterprises at prices ranging from 152,000 to 154,000 VND/ton for export abroad, totaling 281,144 tons. Of this amount, 208,721 tons were of legitimate origin, while the remaining 72,423 tons were purchased by Lam and Tuan from Pham Van Phong, with uncertain market sources, and then legalized through illegal value-added invoices.
All of the aforementioned limestone was for cement production (code 2521), but Lam instructed the domestic limestone-selling enterprise to state on the invoice that it was construction stone derived from limestone (code 2517) to gain tax and price advantages. Simultaneously, he falsified customs declarations by misrepresenting the name of the goods, changing the code from 2521 (with a tax rate of 17%) to 2517 (with a tax rate of 15%), and tampering with the value of the foreign trade contract from 8.6 to 8.9 USD/ton to 8.3 USD/ton to reduce the payable tax amount.
Using this scheme, from July 11, 2020, to November 7, 2020, LT Company, under the directorship of Le Vu Tung Lam, registered five customs declarations for the export of construction stone derived from limestone at the Cam Pha Port Customs Branch and the Ha Nam Customs Branch. The total quantity of goods exported according to these declarations was 281,144 tons, with a taxable value of over VND 53.8 billion. These declarations misrepresented the nature of the goods and used the wrong commodity codes, causing a loss of more than VND 1.5 billion in state taxes.
Trinh Thi Lua and Pham Thi Nhat sold invoices to Pham Van Phong and Pham Van Quang to legalize 72,423 tons of limestone of uncertain origin, which was then sold to LT Company. These invoices were also used for tax declaration and deduction purposes by Dung Phong Company, managed by Pham Van Phong and with Pham Van Quang as the legal representative, resulting in tax evasion of over VND 1 billion for the months of August, September, and October 2020.
Unveiling the Illicit Invoice Scheme: A Damaging 743 Billion Dong Scandal
Over the course of 5 years, the leadership team at Thanh An Company directed their subordinates to establish two accounting systems for financial reporting, tax declaration, and internal accounting. They also instructed them to create fictitious purchase contracts and invoices to conceal actual profits, reduce tax liabilities, and fraudulently benefit at the expense of the state budget.