MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY NGUYEN VIET QUANG 463033 TAX EVASION IN CRIMINAL LAW OF SOME COUNTRIES WORLDWIDE AND LESSONS FOR VIETNAM GRADUATION THESIS Hanoi - 2025 MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY NGUYEN VIET QUANG 463033 TAX EVASION IN CRIMINAL LAW OF SOME COUNTRIES WORLDWIDE AND LESSONS FOR VIETNAM Major: Criminal Law GRADUATION THESIS SUPERVISOR PHD. LE THI DIEM HANG Hanoi - 2025 i STATUTORY DECLARATION I here formally declare that I myself have written the submitted Bachelor’s Thesis independently, the conclusion and data in the Bachelor’s Thesis are truthful and reliable. Confirmation of Supervisor Author of Bachelor’s Thesis Lê Thị Diễm Hằng ii LIST OF ABBREVIATIONS U. United States Code Dr.
United States IRS Internal Revenue Service p. page IRC Internal Revenue Code DILA Direction de l'information légale et administrative CGI Code général des impôts CJPM Code de la justice pénale des mineurs BOFiP Bulletin Officiel des Finances Publiques VAT Value added tax CIT Corporate Income Tax iii TABLE OF CONTENT COVER PAGE.ii LIST OF ABBREVIATIONS. iii TABLE OF CONTENT. 1 CHAPTER 1: TAX EVASION UNDER VIETNAMESE CRIMINAL LAW.
Concept of the crime. Elements of the crime. Penalties prescribed for Tax evasion. 17 Conclusion of Chapter 1.
24 CHAPTER 2: TAX EVASION UNDER SOME COUNTRIES’ CRIMINAL LAW AND PRACTICAL LESSONS FOR VIETNAM. Tax Evasion in the Criminal Legislation of Various Nations. Tax Evasion under the provisions of U. Tax evasion under the provisions of French Criminal Law.
Lesson learned from International Practice. 51 Conclusion of Chapter 2. 57 LIST OF REFERENCES. Rationale of the research Taxation emerged concurrently with the establishment of the State, constituting a mandatory material contribution by citizens to enable the State to maintain and execute its functions and duties.
With the evolution of the economy, the system of taxes and legal policies governing taxation has become increasingly diverse and refined. The contributions of citizens to the State are now explicitly and transparently regulated by law. For any State to exist and sustain its normal operations, tax revenue is indispensable. It represents not only a compulsory contribution by citizens to the State budget but also a mechanism through which the State reinvests such revenue to maintain social order, develop infrastructure, and create an optimal environment for citizens to live, work, and thrive.
In the context of Vietnam's socialist-oriented market economy, taxation also serves as a tool for the State to manage and regulate macroeconomic balance, fostering a healthy, fair, and civilized business environment. Recognizing the above, the State has progressively refined and tightened tax policies and obligations through legal and sub-legal instruments. For instance, the 2019 Law on Tax Administration, effective from July 1, 2020, formally codified 14 rights of taxpayers. Other key legislative documents include the 2016 Law on Export and Import Taxes (No.
107/2016/QH13), the 2014 Law Amending and Supplementing Tax Laws (No. 71/2014/QH13), Decree No. 102/2021/ND-CP amending and supplementing provisions on administrative penalties for tax violations, and Decree No. 125/2020/ND-CP on administrative penalties for tax and invoice-related violations.
Additionally, the current Penal Code introduces new provisions to meet the demands of crime prevention and combat in the new context. For acts of failing to fulfill tax obligations, Article 200 of the 2015 Penal Code (No. 100/2015/QH13), as amended by Clause 47, Article 1 of the 2017 Penal Code (No. 12/2017/QH14), provides comprehensive and detailed definitions of tax evasion acts and corresponding penalties.
In the current context, as the nation develops and the economy grows, the role of taxation becomes increasingly critical. However, a segment of taxpayers remains unaware of the importance of taxation and their responsibilities to the State, resorting to various schemes and tactics to evade taxes. The number of tax evasion cases continues to rise, with increasingly sophisticated methods leading to significant revenue losses. This inflicts 1 substantial harm on the State and society, depleting State budget resources, disrupting macroeconomic balance, and fostering an unhealthy business environment.
In response, competent authorities have implemented numerous measures to inspect, investigate, and address tax evasion. Depending on the nature and severity of the violation, tax evaders may face administrative or criminal penalties, though administrative sanctions remain predominant. Criminal prosecution for tax evasion remains limited, and the process of handling such cases is fraught with shortcomings and errors due to both subjective and objective factors. Consequently, the deterrent and preventive effects of these measures remain suboptimal.
It can be argued that criminal law and the criminal prosecution process for tax evasion are highly effective tools for curbing such offenses in the current context. To meet these demands, the 2015 Penal Code introduced numerous amendments and supplements to refine provisions on tax evasion, aiming for stricter and more specific regulations. Therefore, research on the topic "Tax evasion in criminal law of some countries worldwide and lessons for Vietnam" is not only theoretically urgent but also addresses practical demands. The United States Books and Monographs: Leandra Lederman & Stephen W.
Mazza, "Tax Controversies: Practice and Procedure", West Academic, 5th ed., 2020: Provides a detailed analysis of tax disputes, including tax evasion, IRS enforcement measures, and the U. judicial system related to taxation; Samuel W. Buell, "Capital Offenses: Business Crime and Punishment in America’s Corporate Age", W. Norton & Company, 2016: Explores economic crimes, including tax evasion, within the context of U.
corporate practices; Allison Christians, "Introduction to Tax Policy Theory", Cambridge University Press, 2021: Introduces legal and policy aspects of taxation, including tax evasion and government control measures in the U. Townsend, "Tax Crimes", LexisNexis, 2019: A monograph on tax crimes, focusing on IRS investigations, criminal prosecutions, and penalties. Scientific Articles and Research Papers: Joshua D. Blank, "The Timing of Tax Transparency", Emory Law Journal, Vol.
90, 2022: Examines the impact of tax transparency on individual and corporate tax evasion behavior in the U.S; David Cay 2 Johnston, "Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich—and Cheat Everybody Else", The New York Review of Books, 2017: Analyzes how large U. corporations avoid taxes and the economic impact of such practices; Joseph Bankman & Daniel Shaviro, "Tax Evasion, Tax Avoidance, and the Administration of the Income Tax", National Tax Journal, Vol. 2, 2021: Distinguishes between tax evasion and tax avoidance within the U. tax system; Steven M.
Rosenthal, "The Rise of Corporate Tax Evasion in the United States", Tax Notes, Vol. 170, 2019: Investigates corporate tax evasion in the U. and government responses. Government Reports and International Organization Publications: "IRS Criminal Investigation Annual Report", Internal Revenue Service (IRS), 2022: Annual report by the IRS on investigations and prosecutions of tax evasion cases in the U.S; "Tax Gap Estimates for Tax Years 2014-2016", Internal Revenue Service (IRS), 2021: Estimates the U.
tax gap, including tax evasion, and its implications; "The Impact of Offshore Tax Evasion on the U. Senate Permanent Subcommittee on Investigations, 2020: Investigative report by the U. Senate on cross-border tax evasion and tax havens; "OECD Report on Tax Evasion in the United States", OECD, 2019: A report by the OECD on tax evasion and countermeasures in the U. France Books and Monographs: Pierre Beltrame, "Droit fiscal général", Dalloz, 2021: This book provides a comprehensive overview of the French tax system, including provisions on tax evasion and associated penalties; Alain Guilloux, "Fraude fiscale et paradis fiscaux", Éditions Larcier, 2018: This work analyzes tax evasion and its connection to tax havens while evaluating France's policy framework for addressing this issue; Jacques Buisson & Michel Bouchard, "Droit pénal fiscal", LexisNexis, 2019: A specialized study on French tax criminal law, focusing on tax evasion, legal provisions, and applicable sanctions… Scientific Articles and Research Papers: "La lutte contre la fraude fiscale en France : état des lieux et perspectives", Revue de droit fiscal, Issue 10, 2022: This article assesses measures against tax evasion in France and recent reforms; "L'évasion fiscale : analyse des mécanismes et des stratégies de contrôle", Revue Française de Finances Publiques, Issue 145, 2020: A study on tax evasion mechanisms and control strategies employed by French tax authorities; "Sanctions pénales et administratives en matière fiscale : une double peine?", Revue de Science Criminelle et de Droit Pénal Comparé, Issue 2, 2019: 3 This paper discusses the intersection of administrative and criminal sanctions in cases of tax evasion… Government Reports and International Organization Publications: "Rapport de la Cour des comptes sur la fraude fiscale en France", Cour des comptes, 2021: A report by the French Court of Audit on the state of tax evasion and enforcement measures in France, "Études de l’OCDE sur la fraude et l’évasion fiscales", OECD, 2020: A report by the OECD on tax evasion in France and globally… 2.
Domestic publications With the rapid increase in the nature, quantity, and severity of tax evasion cases, issues related to tax evasion behavior or the crime of tax evasion have been selected as research topics by many scientists and authors. Notable examples include: Textbooks, specialized books, and commentaries: Hanoi Law University, "Textbook on Vietnamese Criminal Law, Part on Crimes, Volume 2", Judicial Publishing House, Hanoi, 2022; Ho Chi Minh City University of Law, "Textbook on Vietnamese Criminal Law, Part on Crimes, Volume 2", Hong Duc Publishing House, Ho Chi Minh City, 2022; Hanoi Procuratorate University, "Textbook on Vietnamese Criminal Law (Part on Crimes), Volume 2", Vietnam National University Publishing House, 2019; Nguyen Ngoc Hoa (Editor), "Scientific Commentary on the 2015 Penal Code (Amended and Supplemented in 2017), Part on Crimes, Volume 2", Judicial Publishing House, 2018; Dr. Tran Van Bien – Dr. Dinh The Hung, "Scientific Commentary on the 2015 Penal Code (Amended and Supplemented in 2017), Chapter XVIII: Crimes Infringing upon Economic Management Order", World Publishing House, Hanoi, 2017… The thesis: Tran Thi Hoa (2015), "The Crime of Tax Evasion under Vietnamese Criminal Law (Based on Practical Data from Hanoi City)", Master's Thesis, Vietnam National University, Hanoi, Vietnam; Le Thi Hong Nhung (2018), "Criminal Liability for the Crime of Tax Evasion in Vietnamese Criminal Law", Master's Thesis, Vietnam National University, Hanoi, Vietnam; Truong Van Tien (2018), "The Crime of Tax Evasion in the 2015 Penal Code", Master's Thesis, Hanoi Law University, Vietnam.
From the perspective of scientific articles, several notable works related to the crime of tax evasion in the 2015 Penal Code include: Master Luong Huu Hai, "The Crime of Tax Evasion in the 2015 Penal Code: Limitations, Obstacles, and Recommendations for Improvement, Viet Nguyen, "Legal Frameworks Need to Be Improved to Combat Tax Evasion", Journal of the Vietnam Lawyers Association, September 2019; Van Chien, 4 "Preventing Tax Evasion in Real Estate Business: Addressing the High Discrepancy Between Officially Announced Land Prices and Market Prices", Journal of the Vietnam Lawyers Association, October 2020; Dinh Chien, "Proposals to Close Legal Loopholes to Prevent Tax Evasion in Real Estate Transactions", Journal of the Vietnam Lawyers Association, October 2021; Nguyen Duy Binh, "The Personal Income Tax Evasion Case in Khanh Hoa: Thorough Consideration Needed to Avoid Injustice", Vietnam Lawyers, Issue 10, 2019. Objective, the object and delimitation of the Thesis 3. Objective of the Thesis The objective of this thesis is to propose solutions and draw practical lessons from criminal law regulations on tax evasion in Vietnam through the analysis of concepts, characteristics, and legal indicators of tax evasion under the regulations of several representative countries. Object of the Thesis The research subject of the thesis is the crime of tax evasion as stipulated in the 2015 Penal Code (amended and supplemented in 2017).
It also includes legal provisions on tax evasion in the legal systems of several representative countries. Delimitation of the Thesis - Content Scope: The research examines tax evasion from legal, economic, and state management perspectives. It focuses on analyzing practices in several countries and comparing them with the situation in Vietnam. - Geographical Scope: The study involves surveying and examining case studies in countries with developed tax legal systems, such as the United States, France and Vietnam.