Huge tax debt
Hai Ha Waterway Transport Company Limited was established on September 8, 2003 at No. 132, Residential Group No. 6, Diem Dien Town, Thai Thuy District, Thai Binh Province, legal representative is Ms. Tran Tuyet Mai.
This is one of nearly 40 major petroleum import and export hubs in the country for many years. However, in recent years, this northern petroleum giant has continuously owed huge tax debts.
Hai Ha Waterway Transport Company Limited currently owes more than VND1,700 billion in taxes, mainly environmental protection tax. Meanwhile, in 2021, this enterprise owed about VND815 billion; in 2020, it owed about VND761 billion.
The General Department of Taxation has many documents directing and urging the Thai Binh Provincial Tax Department and the Director of the Thai Binh Provincial Tax Department to apply tax debt enforcement measures to recover for the state budget.
In 2023 alone, the General Department of Taxation issued three documents requesting the implementation of measures to recover Hai Ha's tax debts. On March 13, the General Department of Taxation requested the implementation of measures to recover tax arrears. On May 18, this agency continued to request the Director of the Thai Binh Provincial Tax Department to immediately implement coercive measures to recover Hai Ha's tax arrears.
On May 26, the General Department of Taxation issued an urgent dispatch requesting the Director of the Thai Binh Provincial Tax Department to implement enforcement measures immediately on May 26.
Thai Binh Provincial Tax Department has applied coercive measures to enforce administrative decisions on tax management against Hai Ha Waterway Transport Company Limited. Specifically: Coercive measures by withdrawing money from the account, freezing the company's account according to 6 decisions, continuously from June 26 to August 28.
In addition, the Thai Binh Provincial Tax Department also enforced the suspension of invoice use by enterprises according to the decision dated September 12 (effective from September 13, 2023 to September 12, 2024).
On August 30, the Thai Binh Provincial Tax Department sent a notice to the Immigration Department - Ministry of Public Security requesting a temporary suspension of exit for the legal representative of Hai Ha Waterway Transport Company Limited, currently Ms. Tran Tuyet Mai.
Bank owes money from the Petroleum Price Stabilization Fund
On June 5, 2023, Hai Ha Waterway Transport Company Limited reported in writing that BIDV Bank - Long Bien Branch had automatically deducted nearly 270 billion VND from the Petroleum Price Stabilization Fund account.
The enterprise affirmed that the debt collection "was not approved by Hai Ha Company due to non-compliance with the provisions of Decree No. 95/2021/ND-CP".
By August 31, 2023, the Ministry of Finance issued an official dispatch requesting BIDV Bank Long Bien Branch to strictly comply with the provisions of Decree No. 95 of the Government.
Also on August 31, 2023, the Ministry of Finance sent a document to the State Bank to inform about the incident.
The Ministry of Finance requests the State Bank of Vietnam to direct commercial banks in the banking system and foreign bank branches legally operating in Vietnam - where there are key petroleum traders registered to open accounts for the Petroleum Price Stabilization Fund - to comply with the provisions of Decree No. 95/2021/ND-CP dated November 1, 2021 of the Government.
After many months of hard work, in November 2023, BIDV Long Bien Branch returned nearly 270 billion VND of debt from the petroleum price stabilization fund account to Hai Ha in early November.
According to the Government Inspectorate, from the application of measures to establish a price stabilization fund regularly and continuously, not in accordance with the Law on Prices; the BOG Fund management agency still shirks responsibility; lacks regulations, coordination rules, and assignment of tasks between the presiding agency and the coordinating agency (the Ministry of Finance presides over and coordinates with the Ministry of Industry and Trade) in managing the BOG Fund, inspecting and supervising key traders in implementing legal regulations for the BOG Fund, the management of the BOG Fund has not been strictly ensured.
The Ministry of Industry and Trade has not promptly handled violations of the BOG Fund by key traders when the Ministry of Finance has decided to impose administrative sanctions... The State Bank of Vietnam has not issued a document guiding commercial banks to manage the BOG Fund in accordance with the functions and tasks of the bank.
This resulted in 7/15 petroleum suppliers using the BOG Fund for the wrong purpose of price stabilization, not transferring it to the BOG fund account but leaving it in the business's regular payment account for many periods before returning it to the BOG Fund with the amount of 7,927 billion VND.
According to the Government Inspectorate, the Ministry of Industry and Trade has not promptly considered and handled the suspension of business operations or revoked the Certificate of eligibility to act as a petroleum wholesaler under its authority for enterprises that have been sanctioned by the Ministry of Finance for administrative violations many times. That has caused the BOG Fund to be continuously appropriated by wholesale traders and misused for the purpose of stabilizing petroleum prices.
Transfer the file to the Ministry of Public Security According to the conclusion notice signed by Deputy Inspector General of the Government Le Sy Bay, this agency transferred the files to the Ministry of Public Security for consideration and handling according to legal regulations for the 3 cases. One of the three cases is "Illegal acts in declaring and paying environmental protection tax on gasoline and oil; using the Price Stabilization Fund for the wrong purpose of price stabilization at Hai Ha Waterway Transport Company Limited". |
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