Why are many business directors forced to exit restriction

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Many cases of importing raw materials for processing but it was not exported and owned tax debt. Photo: T.H
Many cases of importing raw materials for processing but it was not exported and owned tax debt. Photo: T.H

Many directors are forced to exit restriction

Saigon Port Area 4 Customs Branch – HCM City Customs Department has just sent a notice to the Vietnam Immigration Department (Ministry of Public Security) requesting to apply exit restriction for 3 directors of enterprisers who intentionally delayed paying tax debts.

Those business directors are Mr. Duong Ngo Tan (was born in 1991, residing in Hiep Hoa district, Bac Giang; residing in Ward 13, Binh Thanh district, HCM City), director, legal representative of Nhat Tan Trading and Development Company Limited (address: No. 10B, Street 16, Binh Hung Hoa Ward, Binh Tan District, HCM City) is requested to exit restriction from March 1st,2024.

The reason is that Mr. Duong Ngo Tan is the legal representative of the company that is being forced to implement an administrative decision on tax management and has not fulfilled a tax obligation of more than 2.8 billion VND.

According to the reporter’s research, Nhat Tan Trading Development Co., Ltd. was established and operated in 2015, with business lines as follows trading cars and other motor vehicles; agents, brokers, auction; food trade…

Currently, this business has stopped operating but has not completed the procedure of closing the tax code following the regulations.

Similarly, Saigon Port Area 4 Border Gate Customs Branch issued a Notice of temporary exit for Mrs. Vo Thi Hoang Oanh (was born in 1978, and residing in Ward 10, District 3, HCM City) from February 29, 2024.

Mrs. Oanh is the director and legal representative of Bao Thien Import-Export Trading Company Limited (address 280/33/7B, Cach Mang Thang Tam Street, Ward 10, District 3 HCM City) and is being applied coercive measures due to owning tax debt of more than VND120 million.

Saigon Port Area 4 Border Gate Customs Branch also issued a notice to Mr. Nguyen Ly Lam Son Phong (who was born in 1978, and living in Ward 2, District 4). He is the director and legal representative of Bently Chen Company Limited (Commercial Service Building No. 1.4, 1st Floor, Area A, Phu Hoang Anh Building, Nguyen Huu Tho Street, Phuoc Kien Commune, Nha Be District, HCM City) because this enterprise is owning tax debts of more than VND40 million.

Bently Chen Co., Ltd. was established and operated since 2013, in the field of growing crops; sand and gravel mining… At present, the business is still operating.

The above notices were sent by Saigon Port Area 4 Customs Branch to Vietnam Immigration Department – Ministry of Public Security and the above mentioned business directors.

Many businesses have stopped operating

Besides the above cases, many cases of owning tax debt that have been enforced by HCM City Customs Department have stopped operating, making tax debt recovery encounter many difficulties.

Previously, at the end of 2023, the Investment Customs Branch (HCM City Customs Department) issued a Notice of exit restriction to Mr. Hsu Chen Ho, who was born in 1955 and has Chinese nationality (Taiwan).

Mr. Hsu Chen Ho is General Director of Phong Dat Company Limited (tax code: 0304075617, address: Area 2, Ba Lang Ward, Cai Rang District, Can Tho City).

He was restricted from exit the country because he was the legal representative of Phong Dat Co., Ltd., a company that was being forced to implement the administrative decision on tax management and had not fulfilled its tax obligation yet following Enforcement Decision No. 2512/QD-DT dated November 15, 2023 of the Investment Customs Branch, with an amount of nearly VND6.5 billion (this amount does not include late payment fines calculated from the time arising tax debt until taxpayer pays the tax debt following regulations).

According to the reporter’s findings, Phong Dat Co., Ltd. was established and put into operation in 2010 in Can Tho City. Up to now, the business has stopped operating and closed its tax code.

Similarly, Mr. Lam Ping Wan was born in 1958, Chinese nationality, General Director of Hong Better Garment Co., Ltd. (tax code: 0302541196, address: 44 Tan Thoi Nhat 8, Tan Thoi Nhat Ward, District 12, HCM City) was restricted to exit the country for three years from November 24, 2023.

Mr. Lam Ping Wan is the legal representative of a company that is being forced to implement an administrative decision on tax management and has not fulfilled its tax payment obligations, following Enforcement Decision No. 1170/QĐ-ĐT dated June 8, 2023 of the Investment Customs Branch, with a total amount of over VND22.7 billion.

Hong Better Garment Co., Ltd. was licensed to be established in HCM City in 2002, with the main business line of “making costumes (except fur costumes)”. The company is under the management of HCM City Tax Department.

According to the Investment Customs Branch, the above tax debt of Hong Better Garment Co., Ltd. arose from importing garment materials in the form of export production. However, the enterprise did not export products following regulations.

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