THE
MINISTRY OF FINANCE
THE STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No.
01/2006/TTLT-BTC-NHNN
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Hanoi,
January 04, 2006
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INTER-MINISTERIAL CIRCULAR
PROVIDING
GUIDANCE ON THE EXCHANGE, SUPPLY OF INFORMATION BETWEEN TAX AGENCIES AND BANKS
AND CREDIT INSTITUTIONS
- Pursuant to the Law on
Customs dated 29 June 1992; the Law on the amendment, supplement of several
articles of the Law on Customs dated 14 June 2005;
- Pursuant to the Law on Credit Institutions dated 12 December 1997; the Law on
the amendment, supplement of several articles of the Law on Credit Institutions
dated 15 June 2004;
- Pursuant to the Decree No.154/2005/ND-CP dated 15 December 2005 of the Government
providing in details for several articles of the Law on Customs on customs
procedures, examination, supervision of customs;
- Pursuant to the Decree No.155/2005/ND-CP dated 15 December 2005 of the
Government providing for the determination of customs value for import, export
goods;
With a view to satisfying the
requirement of economic integration, facilitating the management to the tax
collection, post customs clearance check and ensuring the prudence in banking
activity, the Ministry of Finance and the State Bank of Vietnam are unanimous
in guiding the coordination in exchange, supply of information between tax
agencies, customs authority (hereinafter referred to as tax agencies) and
banks, credit institutions (hereinafter generally called banks) as follows:
I. GENERAL PROVISIONS
1. The coordination in
exchange, supply of information between tax agencies and banks shall only be
performed in the case where an organization, which, individual, who has a sign
of tax fraud, commercial fraud; a tax agency makes a decision on post customs
clearance check for import, export goods; organizations, individuals violating
provisions of applicable laws in monetary area and banking activity;
organizations, which, individuals, who engage in business activity, have a proposal
to borrow funds from banks, or have been borrowing funds from the banks but the
banks need to examine their financial capacity in the performance of the debt
payment obligation to the banks.
2. The supplied
information must be used for the right purposes to support the operational
activities within the function, assignment of information receiving agency.
3. Information relating to
organizations, individuals which is in the list of State secrets of the tax
agencies, banks must be supplied, transported, delivered and received, used,
calculated, archived and preserved in accordance with the current regime on the
protection of the State secrets.
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II. SPECIFIC PROVISIONS
5. Cases entitled to supply
information
5.1. For the tax agencies:
Tax agencies shall be entitled
to propose a bank to supply with information about the payment activity
relating to goods imported, exported, transited of individuals, organizations,
enterprises; documents relating to the payment of the lot of import, export
goods for their inspection, determination of the taxable value, including
following cases:
- Not supplying or supplying
insufficiently, inaccurately information of the purchasing price, selling price,
payment value of the lot of import, export goods for the inspection,
determination of the tax obligation payable to the tax agency.
- Being applied with the measure
of post customs clearance check by a customs authority.
- Changing the address of the
business registration or escaping from the residing place without giving a
notice.
- File, vouchers, documents
relating to the lot of import, export goods have an evidence of correction,
erasure for making the voucher, document untrue.
5.2. For the banks:
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- Organizations, which,
individuals, who propose to borrow funds from a bank or have been borrowing
funds from a bank but the bank needs to examine their financial capacity;
- Organizations, which,
individuals, who, violate provisions of applicable laws in monetary area and
banking activity, or have performed doubtful transactions in accordance with provisions
of applicable laws;
- Organizations, which,
individuals, who, engage in business activity, do not comply with provisions on
payment, credit activity of banks.
6. Competence to supply and
to request for the supply of information
6.1. For tax agencies:
Director or Deputy Director of
Tax Department, Department of post customs clearance check, Department of
investigation and anti-smuggling, Customs Department in provinces, cities under
the Central Governments management shall be competent to sign the document on
the supply of information or sign the written request for the supply of
information as provided for in Point 7, Point 8 of this Circular.
6.2. For banks:
General Manager (Manager),
Deputy General Manager (Deputy Manager) of banks; Director, Deputy Director of
the Operation Department; Manager, Deputy Manager of bank branches in
provinces, cities shall be competent to sign the document on the supply of
information or sign the written request for the supply of information as
provided for in Point 7, Point 8 of this Circular.
7. Information, documents
entitled to be supplied:
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Number of the payment account, a
copy of the detailed accounting book on the payment account, a copy of the
international payment voucher, cross-border trading payment through the banks
of the organizations, individuals in the cases provided for in Point 5.1 of
this Circular.
7.2. Tax agencies shall be
entitled to supply the bank with following information, documents:
- General information of the
organizations, individuals engaging in business activity: name, address (phone
number, fax number if any) of the organizations, which, individuals, who engage
in business activity, have just registered for business but have had tax code;
organizations, individuals terminating their business activity, dissolving,
going bankrupt, changing name, changing code number, changing area of
operation;
- The performance of tax
obligation by the organizations, individuals.
- The customs file of the
organizations, individuals engaging in business activity to make basis for the
banks to coordinate with the tax agencies in the reconciliation, confirmation
when necessary so as the debt collection from those organizations, individuals
is ensured.
8. Form of information
provision
8.1. Reconciliation,
confirmation in writing
The party that requests for the
supply of information shall send a written request to the supplier of
information, of which following elements shall be expressed sufficiently:
- The purpose of the request to
supply information, documents;
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- Commitment on the secrecy
protection of the received information;
- Signature (accompanied with
seal) of competent person in accordance with provisions in Point 6 of this
Circular by the party that requests for the supply of information.
8.2. Direct reconciliation,
confirmation:
The party that requests for the
supply of information shall assign a person to directly reconcile, confirm or
copy the information, documents at the place of the requested party. The person
who directly reconciles, confirms must fully satisfy following conditions:
- Being authorized in a written
document which is signed and sealed by the competent person as provided for in
Point 6 of this Circular.
- Having a written request for
the supply of information in accordance with the content stipulated in Point
8.1 of this Circular.
The reconciliation, confirmation
or copy of the information, document must be drawn up in a Minutes. The Minutes
on the supply of information shall include following contents: date, month,
year when the Minutes is drawn, the period of time when the information is
supplied, place where the information is supplied, detailed content of the
supplied information, using scope and purpose of information, representative of
the supplier and representative of the requesting party, persons involving in
the supply and receipt of the information. The Minutes must be made in two
copies, each party shall keep 01 copy.
9. Authority of the parties
Tax agencies, banks shall have
the right to request for the supply of information in accordance with the
provisions of this Circular; have the right to decline the supply of the
information which is beyond the scope as provided for in Point 7 of this
Circular.
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10.1. The information supplier
shall be responsible for:
- Supplying information to the
right subjects, scope in line with the contents of the written request within
the period of 05 working days since the receipt of the written request, except
for the case where the nature of the information to be supplied is complicated
and the case which needs to avoid any effect to the normal activity of the
information supplier, the above mentioned period may be extended but not in
excess of 10 working days at the maximum.
- The accuracy of the
information;
- Recording files relating to
the supply of information, including: the written request for the supply of
information, the minutes on the reconciliation, confirmation of information,
other necessary vouchers, documents;
- Protecting secrecy of contents
of the information supply to prevent organizations, individuals that are
doubtful subjects from acts of coping with.
10.2. The party that requests
for the supply of information shall be responsible:
- To only use information,
documents for the right purpose, in case where they use information, document
for the wrong purpose, they shall take full responsibility to the law;
- for recording files relating
to the supply of information, including: the minutes on the reconciliation,
confirmation of the information, supplied vouchers, documents;
- for protecting secrecy of the
information which belongs to the secret list of the State, the tax agencies and
banks in accordance with provisions in Point 3 of this Circular.
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This Circular shall not be
applicable to the supply of information through inter-branch network between
the tax agencies and the banks. In respect of the supply of information through
the informatics system, the Ministry of Finance and the State Bank of Vietnam
shall provide separate guidance when all conditions for application are fully
satisfied.
III. IMPLEMENTING PROVISIONS
12. During the process of
coordination, where the organizations, individuals being the customers of the
banks are detected to show the sign of insolvency, the banks shall take the
initiative in giving a notice to the tax agencies to take measures for the
prevention of acts of tax evasion. On the contrary, the tax agencies shall take
the initiative in giving a notice to the banks for their knowledge and timely
collection of debts when they find out the sign of bankruptcy and dissolution
of organizations, individuals.
13. Any trouble, query
that may arise during the coordination in the exchange of information must be
reported to the direct superior level for a timely combined solution. In case
where the solution cannot be made, it shall be reflected to the Ministry of
Finance and the State Bank of Vietnam for a unanimous treatment.
14. This
inter-ministerial Circular shall be effective after 15 days since its
publication in the Official Gazette.
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Nguyen Dong Tien
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Truong Chi Trung