Bamboo Airways proposed to remove the restrictive measures for tax enforcement, including the temporary suspension of entry and exit for Mr. Luong Hoai Nam. The company proposed a roadmap to gradually pay the tax debt each month with a committed amount of VND 10 billion/month.
Keep calling for help
In a 6-page dispatch sent to the Ministry of Finance, the General Department of Taxation and the Binh Dinh Provincial Tax Department on October 3, 2024, signed by Ms. Le Thi Truc Quynh, Deputy General Director of Bamboo Airways Joint Stock Company, Bamboo Airways said that despite taking many drastic actions and implementing comprehensive restructuring, Bamboo Airways' operations still face numerous difficulties and existing problems.
At the same time, in the past time, Bamboo Airways has continuously received decisions and notices from the Binh Dinh Provincial Tax Department on applying coercive measures to withdraw money from accounts, freeze accounts; especially the notice of temporary suspension of exit for Mr. Luong Hoai Nam, the legal representative of Bamboo Airways because the Company has not fulfilled its tax payment obligations.
According to Bamboo Airways, the fact that Mr. Luong Hoai Nam, the person the Company trusted and assigned the mission of reforming the airline, had to face a temporary exit suspension has caused many unnecessary losses.
“In the context of restructuring, when the Company really needed an experienced “captain” who was ready to face all challenges, Mr. Luong Hoai Nam showed determination in action to overcome difficulties, leading the airline towards stability and development. However, applying this measure not only seriously affected his personal image, but also caused mental damage and loss of benefits to Mr. Luong Hoai Nam, who bravely stood up to represent the airline during the most difficult period,” Bamboo Airways explained.
Bamboo Airways also listed “negative impacts and serious impacts on the entire operations of Bamboo Airways” from the application of measures to enforce tax debt collection and temporary suspension of exit.
Including, the company's restructuring process was hindered and interrupted (Mr. Luong Hoai Nam was temporarily suspended from leaving the country, so he could not participate in working sessions and negotiations with partners according to the agreed plan); the process of debt restructuring and capital mobilization for the company's business activities encountered many difficulties (partners and suppliers requested payment; banks stopped disbursing and implemented measures to collect debts before due date).
In particular, Bamboo Airways mentioned that “recently, after the media reported that the legal representative of Bamboo Airways was temporarily suspended from leaving the country, many sources of information with negative views/directions appeared, affecting the trust of customers and partners with Bamboo Airways”.
“In fact, Bamboo Airways' revenue immediately decreased seriously (about 60%) compared to before that time, because many partners canceled contracts, and customers did not continue to use the company's products/services.”
Bamboo Airways believes that if the existing difficulties are not promptly overcome and resolved by the authorities, Bamboo Airways may be forced to stop operations and face the risk of bankruptcy...
“This could also lead to a chain reaction of collapses as banks cannot recover trillions of loans; suppliers cannot recover costs related to the provision of goods/services; the state cannot recover tax debts; consumers lose an airline with quality flight services at competitive prices. Accordingly, the aviation market and tourism market will be seriously affected,” the impact listed by Bamboo Airways.
Therefore, Bamboo Airways “urgently requests” the authorities to consider and support the Company’s restructuring efforts and restore its production and business activities by removing tax enforcement restrictions, especially the temporary suspension of entry and exit for Mr. Luong Hoai Nam.
“Removing this measure will help Bamboo Airways have the opportunity to implement and complete the restructuring process as directed, the company's operations will return to normal, ensuring continuous revenue, stabilizing financial resources, quickly completing the payment of tax debts, and continuing to contribute to the local budget,” Bamboo Airways explained about the above proposal.
At the same time, Bamboo Airways also requested the authorities to consider and approve allowing the company to gradually pay the tax debt each month with a committed amount of 10 billion VND/month and the monthly payment amount may be adjusted above the proposed level when Bamboo Airways' revenue gradually stabilizes.
Bamboo Airways affirmed that if approved, the company will work with credit institutions to issue a letter of guarantee in accordance with the law on the amount of tax debt proposed to be paid gradually and commit to the progress of gradually paying tax debt and late payment to the state budget.
What does Binh Dinh Provincial Tax Department say?
On October 7, 2024, Mr. Nguyen Ngoc Son, Deputy Director of the Binh Dinh Provincial Tax Department, signed an official dispatch responding to the petitions of Tre Viet Aviation Joint Stock Company.
According to the Binh Dinh Provincial Tax Department, regarding the recommendation not to implement tax enforcement measures and gradually pay tax arrears, in the report to the Government on January 25, 2024, the Ministry of Finance mentioned that "in order to gradually pay tax arrears, Tre Viet Aviation Joint Stock Company must prepare a complete dossier according to the provisions of Clause 2, Article 66, Circular No. 80/2021/TT-BTC (including a letter of guarantee from a credit institution) and send it to the direct tax authority for consideration and handling of gradually paying tax arrears according to the prescribed authority".
“In case Tre Viet Aviation Joint Stock Company fails to complete the dossier to gradually pay the tax debt, the tax authority shall apply coercive measures in accordance with the provisions of the Law on Tax Administration and its implementing guidelines.”
Binh Dinh Provincial Tax Department believes that, at present, this unit has not yet received the Company's request for gradual payment of tax arrears as prescribed in Clause 2, Article 66 of Circular No. 80/2021/TT-BTC to consider and issue a decision approving the gradual payment of tax arrears for the Company.
Therefore, Binh Dinh Provincial Tax Department has no basis to not yet implement tax enforcement measures according to the provisions of the Law on Tax Administration against the Company.
Regarding the temporary suspension of exit for the Company's legal representative, the Binh Dinh Provincial Tax Department informed that as of July 31, 2024, Tre Viet Aviation Joint Stock Company still owes the State budget the following tax arrears: VND 296,109,090,593.
On August 27, 2024, the Binh Dinh Provincial Tax Department issued 11 decisions to enforce tax collection by withdrawing money from accounts and requesting account freezing for the Company (from Decision No. 888/QD-CTBDI to Decision No. 898/QD-CTBDI). In addition, on September 11, 2024, the Tax Department issued a notice to temporarily suspend exit from the country for the Company's legal representative.
"Binh Dinh Provincial Tax Department has repeatedly urged, notified of tax arrears, invited to work... in many different forms, but the Company has not yet fulfilled its tax payment obligations," the response of Binh Dinh Provincial Tax Department is as follows.
Based on the regulations and tax debt situation of the Company, the Binh Dinh Provincial Tax Department responded that "there is no basis to notify the cancellation of temporary suspension of exit for the Company's legal representative".
Source: https://baodautu.vn/bamboo-airways-xin-ho-tro-thao-go-kho-khan-va-xu-ly-no-thue-d226874.html
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