Proposing to handle tax evasion.
Responded by units: The Ministry of Finance; The Hai Phong City People's Committee; The Supreme People's Procuracy
Official letter: No 9218/BTC - TCT, dated: 2020-07-31
For the content of the application related to the tax refund of Giang Thuy Company and the Giang Thuy Company denouncing Dung Duyen Trading and TMSX Co., Ltd. tax evasion: The Hai Phong City Tax Department. had an Official Dispatch No. 1633 / CT-TTr2 dated November 10, 2015 and the Tax Department of Le Chan Dstrict had the Official Letter No. 387 / CCT-KTrl dated October 6, 2015 replying to Giang Thuy Company.
1. Regarding the internal content, the Giang Thuy Company denounces violations of leading officials of the City Tax Department. In Hai Phong, in the treatment of the Company, the General Department of Taxation has processed the application in accordance with the law, specifically:
2. Pursuant to Article 2, Law on Denunciation dated November 11, 2011, Denunciator is an individual and in Clause 4, Article 2 of Law on Denunciation dated June 12, 2018, The complainant is a citizen exercising the right to denounce, but Giang Thuy Marine Shipping and Production Co., Ltd. has signed and paid the document in the form of a legal entity. Therefore, this is not a citizen's recommendation, so it cannot be processed according to the order and procedures prescribed by the Law on Denunciation.
3. Pursuant to the provisions of Clause 2, Article 9 of the Law on Denunciations dated December 11, 2011, denouncers have the following obligations: to provide personal information specified in Article 23 of this Law; Present honestly about the content of the denunciation; provide information and documents related to the denunciation that they have; To take responsibility before law for the denunciation contents; Cooperate with denunciation settlers upon request; Compensate for damage caused by their intentional false denunciation.
4. In order to the case to be resolved objectively and in accordance with the law, the General Department of Taxation has sent invitations many times to Giang Thuy Company and has set up a working group to work at the headquarters of Giang Thuy Company, but the Company does not. cooperating, not working and not providing documents and documents to the Working Group of the General Department of Taxation. Therefore, the Working Group - General Tax Office worked with the Representative of Dong Hai Ward People's Committee 1 judicial officer and the police of Phu Xa 1 Area to witness and be recorded by the Working Minutes.
5. Accordingly, the General Department of Taxation has collected evidences and documents at the local government, departments of Hai Phong City and worked with the units and individuals mentioned in the application of Giang Thuy Company to deal with customers. honest and concern the contents of the Company's application in the form of a reflected letter. On that basis, the General Department of Taxation issued Official Letter 607 / TCT-KTNB dated February 17, 2016 and Official Letter No. 1878 / TCT-KTNB dated May 10, 2019 replying to Giang Thuy Company.
Now, Mr. Nguyen Thanh Thuy - General Director of Giang Thuy Company continues to denounce a number of leaders of the General Department of Taxation (the person who signed the documents to answer the Company and the person who signed the information documents to the applications. the unit sends the application to the Ministry of Finance, the General Department of Taxation to send to agencies and departments, but does not provide documents and evidence, so there is no basis for consideration and settlement.
The Ministry of Finance shall have written reports to the Government’s Prime Minister; Individuals, agencies, and departments submitted their application to the Ministry of Finance and the General Department of Taxation and previously responded to Giang Thuy Company in No. 15898 / BTC-TCT on November 7, 2016.
Pursuant to the provisions of Point b, Clause 2, Article 6 of the Government's Inspectorate's Circular No. 07/2014 / TT-TTCP dated October 31, 2014, providing for the process of handling complaints, denunciations and complaints suggest, reflect, in case Mr. Nguyen Thanh Thuy - General Director of Giang Thuy Company continues to file an application without new content and does not provide documents and evidence, the Ministry of Finance will not consider and answer..
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