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Determining the amount of illicit profits

New point in determining the amount of illicit profits due to the administrative office on trade

Content mentioned in Circular 65/2022/TT-BTC guiding Clause 2, Article 91 of Decree 98/2020/ND-CP stipulating penalties for administrative violations in commercial activities, production and sale of goods Counterfeit, banned goods and protection of consumers’ interests promulgated by the Minister of Finance on November 2, 2022.

Accordingly, the amount of illegal profit obtained in money is the total amount of money that an organization or individual earns from an administrative violation act and is calculated by the amount obtained from the transfer, consumption of goods, and provision of services. violations after deducting direct costs constituting goods and services.

The basis for determining the amount of money an infringing organization or individual earns from committing an administrative violation is equal to (=) the quantity of goods and services transferred or consumed multiplied by (x) the unit price of the goods. , services minus (-) direct costs constituting the good or service.

Note: Direct expenses constituting goods or services are deductible unless the violating organization or individual has sufficient records and documents to prove the legitimacy and validity of such expenses.

(Compared to current, Circular 65/2022/TT-BTC has added “direct costs constituting goods or services” which are deductible when calculating the amount of violation).

Circular detailing Clause 2, Article 91 of Decree No. 98/2020/ND-CP on illegal profits obtained from committing administrative violations subject to the remedial measure of forced re-payment Illegal gains are money, valuable papers, objects and other properties obtained from committing administrative violations or forcing the return of an amount equal to the value of material evidences and means of administrative violations that have been consumed. illegally consuming, dispersing or destroying in the field of commercial activities, production and trading of counterfeit and banned goods and protection of consumers’ interests to remit into the state budget.

For details, see Circular 65/2022/TT-BTC which takes effect from January 1, 2023 and replaces Circular 149/2014/TT-BTC dated October 10, 2014.

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