The Ministry of Finance has just issued a document responding to National Assembly delegate Le Tat Hieu (Vinh Phuc delegation) about the situation of buying and selling invoices worth thousands of billions of dong.
According to the reflection of delegate Le Tat Hieu, the current situation of buying and selling invoices can be said to be a problem for businesses. Specifically, the authorities have discovered cases of buying and selling invoices worth thousands of billions of VND.
Therefore, Mr. Hieu asked Minister of Finance Ho Duc Phoc to inform about the cause of the above situation and solutions to prevent it.
According to the Ministry of Finance, there is still a situation where some organizations, businesses and individuals buy illegal invoices to legalize the cost of purchasing goods and services floating on the market and deduct taxes for the purpose of tax evasion and appropriation of tax refunds from the state budget.
Accordingly, many subjects have established companies not for the purpose of production and business activities but only to buy and sell invoices and make illegal profits. These subjects use credit cards, citizen identification cards or identity cards of ignorant people, lost or for personal gain to establish businesses operating for a short time.
Along with that, taking advantage of the flexibility of the law in establishing businesses, individuals can register to establish businesses electronically, while state management agencies are in the process of building connections and synchronizing data of the national population database (Ministry of Public Security) to control and verify the accuracy, honesty and legality of related documents.
There are currently no legal regulations and no technological solutions to determine the actual authenticity of the legal representative's identity. The business registration agency does not have strict regulations on personal identification and identity verification.
The Ministry of Finance believes that it is very difficult for agencies to detect businesses established for purposes other than production and business activities.
Faced with this situation, the Tax Department has made efforts to review businesses with signs of risks in using invoices for processing and transferring the files to the police for handling according to the provisions of the law. To date, many businesses that illegally buy and sell invoices have been criminally prosecuted.
According to the Ministry of Finance, after granting a business establishment license, there are no specific regulations on the post-inspection regime for the conditions that the business registered such as capital, facilities, fixed assets, labor, and business lines to ensure that they are correct as the business initially registered when filing the application for a business establishment license.
"Therefore, it is very difficult for authorities in general and tax authorities in particular to detect enterprises established for purposes other than production and business activities," the Ministry of Finance stated.
Regarding solutions to prevent the use of illegal invoices for tax fraud and appropriation of the State budget, the Ministry of Finance said that the Tax sector is building an Electronic Invoice Database Center in the direction of managing data on electronic invoices, analyzing risks to apply appropriate management measures; applying Big Data analysis technology; initially applying artificial intelligence (AI) to risk analysis and invoice management, proactively preventing invoice fraud and counterfeiting. In addition, continuing to improve legal policies on invoices.
The Ministry of Finance has also directed units to strengthen inspection, examination and supervision of the issuance and use of electronic invoices, coordinate with the police and relevant ministries and branches to promptly detect violations of the law and strictly handle them according to regulations.
At the same time, it is recommended that the Ministry of Planning and Investment amend and supplement the Decree on business registration and the Law on Enterprises in the direction that the legal representative must be authenticated in the national database on population. If there is a tax violation or the representative of the enterprise has abandoned the business address, a new establishment certificate will not be issued temporarily; supplement the post-inspection regulations .
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