My Dinh Stadium at the National Sports Center. (Photo: SGGP)
As of June 29, the National Sports Center has contributed VND 47 billion to the budget, according to the conclusion of the inspection agency. Hanoi’s tax authorities have fully and earnestly implemented procedures and regulations for the management and enforcement of tax arrears, and have implemented numerous measures to induce tax collection and enforcement of tax arrears. taxes.
However, this raises the question of how to recover the tax arrears of hundreds of billions of Vietnamese dong and whether the solutions applied by the Hanoi tax department are effective. The worst case scenario for the National Sports Center is to auction My Dinh Stadium and Water Sports Palace to have money to pay off its debt.
According to lawyer Diep Nang Binh of the Ho Chi Minh City Bar, the My Dinh stadium auction is unlikely, but it can still happen. The measures applied by the Hanoi Tax Administration to recover tax debts are in accordance with the provisions of the law. In the case of the National Sports Centre, the law contains provisions on the behavior of the tax debt.
Thus, if companies are liable for taxes, they will expose themselves to administrative sanctions and measures of fiscal coercion. When the business goes bankrupt, back taxes are the priority payment. Criminal liability is incurred when a company commits tax evasion. It is also possible to find a source of money to pay off the tax debt, in which the My Dinh stadium and the water sports palace can be auctioned.
For coercive measures, companies will be subject to the following coercive measure when the previous ones cannot be applied or have been applied but still do not collect enough tax arrears, fines and late penalties in accordance with the provisions decisions of the tax administration.
Therefore, according to the regulations, the auction of these places is quite possible. However, the national stadium is the face of the country, so maybe the taxman will also consult the National Assembly on this.
Meanwhile, Lawyer Le Hang of TAT Law Firm, Hanoi Bar Association, said “it is necessary to clarify the responsibility of the leader”. For specific units, such as the National Sports Center – a self-funded non-commercial public unit – the measures applied by the Hanoi Tax Department do not have much effect.
Therefore, in order to collect tax, it is necessary to clearly determine the responsibility of the unit head, who makes mistakes in management activities, causing losses to the state to thoroughly deal with violations.
The matter must be addressed immediately as the violations of the National Sports Center must be verified, investigated and clarified. If there are criminal signs, it is necessary to investigate the specific responsibility of the group or individual who committed violations to punish them severely. It is regrettable to close the National Sports Center for reasons unrelated to sport, and this shows the long-lasting deficiencies in management activities.
Regarding the garnishment plan, the risk of auctioning the assets of the National Sports Center is part of the solutions when there is no possibility of tax recovery.
However, this risk is unlikely because it is a public non-commercial unit and an administrative and non-commercial body, which has difficulty in applying the same mechanism as public companies.
According to current regulations, auctions for public property of state agencies can still be conducted under the Law on the Management and Use of Public Property of 2017 and Decree No. 151/2017/ND- Government CP with detailed instructions for implementation.
However, due to the long-standing violations in the management of the operation of the National Sports Center, so the removal of the knots must be done step by step and must be clarified to punish the right people for the right crimes according to the provisions. of the law to recover part of the lost state property and not affect the work of physical education and sports.