4 cases that do not require planning for inspection
The Tax Department issued Decision 1161/QD-CT on the Tax Inspection Procedure, effective from August 14, 2026. In which, the separate procedure for business households and individual businesses stipulates cases where unscheduled inspections can be carried out at the taxpayer's headquarters.
According to Clause 4, Article 22 of the Process issued with Decision 1161/QD-CT, there are 4 cases of unscheduled inspections for business households and individual businesses that do not require planning.
First, inspect according to the requirements of resolving tax complaints and denunciations.
Second, inspect taxpayers under the direction of the head of the tax authority or the head of the higher-level tax authority.
Third, inspecting taxpayers with high risks in cases of termination of operations, termination of tax identification number validity or business location relocation.
Fourth, inspection according to proposals after inspection has been carried out at the headquarters of the tax authority.
Besides the surprise inspection group, the annual inspection process is still heavily based on the level of risk of taxpayers. Decision 1161/QD-CT stipulates that the selection of business households and individual businesses to develop inspection plans can be based on the results of risk analysis and actual tax management.
In the planned inspection list, at least 90% of cases are selected through analysis and assessment of compliance with tax laws and risk classification; the random selection rate does not exceed 10%.
Unscheduled inspection still requires a decision
Not having to make an inspection plan in advance does not mean that tax authorities can inspect business households without carrying out procedures as prescribed.
According to Decision 1161/QD-CT, all cases of inspection at the taxpayer's headquarters must issue an inspection decision. The decision must clearly state the content and period of inspection, and must be sent to the taxpayer no later than 3 working days from the date of issuance.
The inspection must be carried out no later than 10 working days from the date of issuance of the decision, unless the decision is revoked or the inspection time is postponed.
When starting, the head of the inspection team is responsible for announcing and explaining the content of the decision so that business households and individual businesses can understand the scope of inspection.
The inspection period at the taxpayer's headquarters is no more than 20 days from the date of announcement of the decision. If necessary, it can be extended once, the extension period is no more than 20 days.
During the inspection process, the inspection team is required to provide taxpayers with information and documents related to the inspection content that the tax industry's database system does not yet have; and at the same time inspect documents, accounting books and related documents within the scope recorded in the inspection decision.
