Factors Affecting the Implementation of Value Added Tax Invoice Law

Regarding the activities of creating, issuing and using VAT invoices as well as in the activities of inspecting, examining and sanctioning administrative violations regarding VAT invoices, the law stipulates what rights and obligations tax authorities have to carry out management.

By providing the concept and some general, basic contents of VAT invoice law to see the role and importance of these regulations in the Vietnamese legal system.

1.2.2. Factors affecting the implementation of value added invoice law

In the scientific research practice of economic - financial as well as legal experts, the term law enforcement has not been widely used. The textbook on State and Law Theory of Hanoi Law University defines law enforcement as follows: "Law enforcement is a process of activities with the purpose of making legal provisions come into life, becoming legal practical actions of legal subjects" [14, p.468].

There is no official concept of implementing VAT invoice law, but it can be understood that: Implementing VAT invoice law is an activity with the purpose of turning the provisions of the law on VAT invoices into legal acts of VAT invoice subjects.

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Basically, VAT invoice law has the same form of implementation as general law implementation including: Compliance, execution, use and application. In which, law application is considered the most important form.

The law on VAT invoices is increasingly perfected. However, the process of implementing the law on VAT invoices is affected by many objective and subjective factors. These factors have positive but at the same time negative impacts on the implementation of the law on VAT invoices.

Factors Affecting the Implementation of Value Added Tax Invoice Law

1.2.2.1. Objective factors

Objective factors appear randomly, externally and do not depend on the will of the subject in the legal relationship regarding VAT invoices. Objective factors can be listed as: Level of economic, cultural and social development; Legal system; Political system; and State apparatus.

On the level of economic, cultural and social development

The level of economic, cultural and social development is a decisive factor in the effectiveness of the implementation of VAT invoice law. A country's economy develops stably and sustainably, leading to development in all aspects: culture - society, health, education... and improving the quality of life of the people. At that time, the thinking ability and awareness of the majority of people are significantly improved, including the law on VAT invoices. Economic development, modern infrastructure conditions, along with positive changes in viewpoints and thinking will facilitate the implementation of VAT invoice law. Conversely, a poor level of economic, cultural and social development will create barriers in the implementation of VAT invoice law.

About the legal system

Suppose that the regulations are drafted with high legislative skills and qualifications, then the national legal system will respond and resolve well the relationships that arise in the future. With a legal system where regulations are scattered in many different documents, it leads to a lack of consistency and synchronization in application and the phenomenon of duplication and overlap in law enforcement is inevitable. The improvement of legislative skills "paves the way" for legal regulations to enter practice faster, be applied more widely, more popularly and bring higher efficiency due to the encouragement and motivation of subjects to actively participate in law enforcement. On the contrary, the legal system with

Loose and impractical legal regulations will be a major obstacle to the implementation of regulations.

About the political system

The political system has a decisive meaning for the security and social order of a country. An established political model leads to the formation and existence of a corresponding legal system and is an effective tool to ensure that the State maintains the political system. Therefore, the political system of a country has a great impact on the legal system and its implementation in practice.

The political system in Vietnam, in addition to recognizing the centralized, unified and sole leadership of the Communist Party of Vietnam, also recognizes the existence of other political organizations such as the Vietnam Fatherland Front, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, the Vietnam General Confederation of Labor, the Vietnam Farmers' Association, the Vietnam Veterans' Association, etc. The existence of these organizations has recorded many results in law enforcement. With the methods and organization of these special models, the provisions of the law penetrate deeply and widely into the lives of the masses with measures to propagate and educate people about legal awareness.

About the state apparatus

The implementation of legal regulations on VAT invoices is greatly affected by the state apparatus. The state apparatus of a country consists of a system of agencies: legislative, executive and judicial. These agencies are the extended arms to implement legal regulations in life. Therefore, the effectiveness of law enforcement is determined by the agencies in the state apparatus. The smooth and effective operation between relevant agencies in the state apparatus contributes to better solving problems arising in practice.

Specifically, the process of implementing the law on VAT invoices in Vietnam, the General Department of Taxation is not the only agency that controls and collects VAT. Along with the tax agency, there are many related agencies: the agency that issues business registration certificates, business licenses; the Customs agency; the Investigation Agency; Market Management... The results of implementing the law on VAT invoices also depend on whether the coordination between the related agencies is close and smooth or not?

1.2.2.2. Subjective factors

Subjective factors exist within the subjects themselves. Therefore, the implementation of legal regulations on VAT invoices depends largely on subjective factors. Subjective factors can be mentioned as: Level of awareness, psychological factors.

On cognitive level

For people, when the level of education and awareness is high, understanding legal regulations in general and VAT invoices in particular becomes easier. Mastering the regulations on invoices is an important premise that contributes to orienting the legal behavior of people when they become taxpayers. However, with gaps in the law on VAT invoices, many subjects have used their knowledge to commit sophisticated violations, making it difficult for tax authorities to detect or prove violations in order to take appropriate measures. On the contrary, if the level of education is low, people will be confused when participating in legal relations on VAT invoices due to lack of understanding of regulations, leading to violations due to failure to comply with regulations.

On the side of tax authorities, reality has proven that if the tax staff has good qualifications, capacity and moral qualities, the operation of the apparatus in implementing tax administrative procedures will become simpler.

faster and more accurate. And conversely, if the staff of the tax administration agency is weak in terms of qualifications, capacity and professional ethics, the tax system will lack flexibility and professionalism. The phenomenon of professional ethics degradation of a part of tax officials will cause unpredictable consequences. The collusion of tax officials with taxpayers through the use of fake invoices or incorrect declarations has caused a huge loss of tax revenue to the state budget.

About psychological factors

Psychological factors contribute greatly to the implementation of VAT invoice law. In fact, in developed countries, people's legal awareness towards the state is very high when participating in any legal relationship. Therefore, these relationships are modernized with modern applications of technology and electronics in government management. In developing and underdeveloped countries, people when participating in legal relationships often have a common mentality of avoidance, fear and passivity because they have not yet formed legal habits. This makes law enforcement difficult.

Objective and subjective factors, whether we like it or not, still exist in life. Pointing out the two-way impacts of these factors in the implementation of VAT invoice law will give us a more complete, objective and comprehensive view to come up with policies and regulations suitable to national conditions.

Some basic issues about invoices and VAT invoice law help us have a relatively complete and basic view of invoices as well as VAT invoice law and initially laid the first bricks to build and perfect the system of legal regulations on VAT invoices later.

Chapter 2

STATUS OF LAW ON VALUE ADDED INVOICES IN VIETNAM


2.1. History of formation and development of value added invoice law in Vietnam

The history of formation and development of VAT invoice law in Vietnam has gone through many stages with many important milestones. Besides the achieved results, there are still certain shortcomings and limitations. However, the system of regulations on VAT invoices is constantly being improved to serve the requirements of state management of invoices in the future.

Before the Value Added Tax Law came into effect

The history of the appearance of VAT invoices is marked by the birth of the VAT Law. However, the content and form of VAT invoices comply with the basic content and form of invoices.

The Ordinance on Accounting and Statistics No. 6-LCT/HDNN8 dated May 20, 1988 of the State Council regulating the Accounting and Statistics regime applied in the national economy, together with a number of guiding documents, came into effect and became an important legal basis for the State to issue Decision No. 54-TC/TCT and guiding documents for implementation: Circular No. 73/TC-TCT dated October 20, 1997 of the General Department of Taxation guiding the regime of invoices and documents for goods circulating on the market...

The system of documents on invoices created during this period had certain characteristics: The State played the role of a monopoly in creating and issuing invoices; Basically, the form and content of invoices met the needs of production and business activities of goods and services; The management and use of invoices were under strict control of the State and fully met the requirements of invoice management.

Since the Value Added Tax Law officially took effect until now

During this period, VAT invoice law experienced many ups and downs with some notable milestones.

VAT Law No. 02/1997/QH9 was passed by the 9th National Assembly, 11th session on May 10, 1997 and officially took effect from January 1, 1999 (hereinafter referred to as the VAT Law). From here, the term "VAT invoice" was officially recognized in Article 10, Article 11, Section 2 of the first VAT Law in Vietnam. The VAT Law is the highest legal basis, the basis for VAT invoices to appear and be used in production and business activities in Vietnam.

On the basis of the VAT law and legal documents on invoices, the legal system on VAT invoices has been constantly changing and achieved some remarkable results. Among them, it is necessary to mention Decree No. 89/2002/ND-CP dated November 7, 2002 of the Government on printing, issuing, using and managing invoices (hereinafter referred to as Decree No. 89/2002/ND-CP). Decree No. 89/2002/ND-CP and Circular No. 120/2002/TT-BTC dated December 30, 2002 of the Ministry of Finance guiding the implementation of Decree No. 89/2002/ND-CP dated November 7, 2002 of the Government on printing, issuing, using and managing invoices and Circular No. 99/2003/TT-BTC dated are important milestones because for the first time in the history of the development of laws on invoices and documents, the State has granted autonomy in printing (creating) and issuing invoices to a number of enterprises that meet certain conditions. This creates initiative for enterprises in production and business activities and reduces the burden of printing and issuing invoices for the State.

After more than 7 years of application, Decree No. 89/2002/ND-CP is no longer suitable for the new situation and has revealed many limitations. Along with the birth and replacement of laws such as the Accounting Law, Enterprise Law, Electronic Transaction Law...

Decree No. 51/2010/ND-CP dated May 14, 2010 of the Government regulating invoices for the sale of goods and provision of services (hereinafter referred to as Decree No. 51/2010/ND-CP) replacing Decree No. 89/2002/ND-CP is considered a breakthrough in the formation and development of laws on invoices and documents in Vietnam. Decree No. 51/2010/ND-CP and documents guiding its implementation: Circular No. 153/2010/TT-BTC dated September 28, 2010 of the Ministry of Finance; Circular No. 64/2013/TT-BTC dated May 15, 2013 of the Ministry of Finance further enhances the spirit of autonomy and initiative in creating, issuing, using and managing invoices and documents for enterprises, but also requires them to have a stricter and more effective mechanism for managing and using invoices. The form of electronic invoices was born to promote e-commerce, which is a completely new perspective in the current reform of tax administrative procedures. And the tax authority mainly carries out management, inspection and supervision activities. Accordingly, the printing, issuance, use and management of VAT invoices are applied to enterprises that are eligible to calculate tax by the deduction method when: fully implementing the accounting, invoice and document regime according to the provisions of the law on accounting, invoices and documents and registering according to the tax deduction method. Therefore, the subjects of printing, issuing, using and managing VAT invoices are increasing rapidly.

The law on VAT invoices at this stage has many fluctuations. The regulations on invoices have exploded with many terms being legalized and constantly changing to perfect the open-mindedness and viewpoints to better meet the needs of economic development and state management. On the other hand, it also gives rise to many complicated issues that make it difficult for managers to print, issue and use VAT invoices.

The 2012 amended Law on Tax Administration and the 2013 amended Law on VAT, together with the limitations of Decree No. 51/2010/ND-CP, led to the issuance of

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