Circular No. 126/2014/TT-BTC on procedures for declaration collection payment of taxes late payment interests

• Official number: 126/2014/TT-BTC
• Legislation Type: Circular
• Organization: The Ministry of Finance
• Signer: Do Hoang Anh Tuan
• Issued Date: 28/08/2014

THE MINISTRY OF FINANCE --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No: 126/2014/TT-BTC	Hanoi, August 28, 2014

CIRCULAR

ON PROCEDURES FOR DECLARATION, COLLECTION, PAYMENT OF TAXES, LATE PAYMENT INTERESTS, FINES, AND OTHER AMOUNTS PAYABLE UPON EXPORT AND IMPORT

Pursuant to the Law on State budget No. 01/2002/QH11 dated December 16, 2002 of the National Assembly;

Pursuant to the Law on Tax administration No. 78/2006/QH11 dated November 19, 2006; Law on amendments to the Law on Tax administration No. 21/2012/QH13 dated November 20, 2012 of the National Assembly;

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014 of the National Assembly;

Pursuant to the Law on Electronic transactions No. 51/2005/QH11 dated November 29, 2005 of the National Assembly;

Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12 dated June 16, 2010 of the National Assembly;

Pursuant to the Law on credit institutions No. 47/2010/QH12 dated June 16, 2010 of the National Assembly;

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Pursuant to Decree No. 27/2007/ND-CP of the Government dated February 23, 2007 on electronic transactions in the financial operations;

Pursuant to Decree No. 101/2012/ND-CP of the Government dated November 22, 2012 on non-cash payment;

Pursuant to the Decree No. 81/2013/ND-CP of the Government dated July 19, 2013 providing guidance and implementing measures on the Law on Handling administrative violations;

Pursuant to Decree No. 215/2013/ND-CP of the Government dated December 23, 2013 defining functions, tasks, powers and organizational structure of the Ministry of Finance;

At the request of the Director of the General Department of Customs;

The Minister of Finance issues Circular on procedures for declaration, collection, payment of taxes, late payment interests, fines, and other amounts payable upon export and import as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

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This Circular stipulates the procedures for declaration, collection, payment of taxes, late payment interests, fines, and other amounts payable upon export and import (hereinafter referred to as collection and payment of taxes).

2. Regulated entities:

a) The taxpayers as prescribed in Clause 1 Article 2 of the Law on Tax administration, Article 2 of the Decree No. 83/2013/ND-CP dated July 22, 2013 of the Government providing guidance on the Law on Tax administration and Law on amendments to the Law on Tax administration (hereinafter referred to as the Decree No. 83/2013/ND-CP); the customs declarants as prescribed in Article 18 of the Law on Customs; entities authorized to collect tax as prescribed in Article 3 of the Decree No. 83/2013/ND-CP;

b) Customs authorities: the General Department of Customs, Customs Departments in provinces and cities, Sub-department of Customs, Sub-department of Post-Clearance Inspection;

c) State Treasury authorities: State Treasury, Exchange Department of State Treasury, State Treasury in central-affiliated cities and provinces, State Treasury in districts, towns, central-affiliated cities and provinces;

d) Other relevant entities: credit institutions, other entities relating to collection and payment of taxes and other amounts payable upon export and import.

Article 2. Interpretation of terms

In this Circular, these terms below shall be construed as follows:

1. “Customs e-payment gateway” means a system of connection, exchange, comparison and provision for electronic information to provide collection and payment of the state budget between customs authorities, State Treasury authorities and credit institutions.

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3. “Authorized credit institutions" means the credit institutions that have entered into agreements with the General Department of Customs on collecting the state budget revenues (collecting government revenues) and issuing tax guarantee electronically.

4. “Unauthorized credit institutions" means the credit institutions that have not entered into agreements with the General Department of Customs on collecting the state budget and issuing tax guarantee electronically.

5. “Credit institutions under agreements with State Treasury" means the credit institutions that have entered into agreements with the State Treasury on authorized collection of state budget revenues.

Article 3. Requirements for credit institutions under agreements with customs authorities on collecting the state budget revenues

The credit institutions that satisfy the requirements below may register for collection of government revenues in cooperation with the General Department of Customs:

1. Core banking system has been developed.

2. There is state budget collecting software integrating with Core Banking, which may connect and exchange information with customs e-payment gateway of customs authorities.

3. There are adequate equipment, facilities, human resources that satisfy the requirements for collecting the state budget revenues.

4. The conformity with rules, procedures, responsibility for collecting state budget revenues is ensured.

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In case the credit institution has not satisfied requirements as prescribed in Clause 3 of this Article, the General Department of Customs shall request the Ministry of Finance (in writing) to consider on a case-by-case basis according to rules of ensuring safety, security, fair and effectiveness.

Article 4. Application and procedures for collecting the state budget revenues in cooperation applied to credit institutions

1. Application:

a) The Dispatch of the credit institution which contains: credit institution’ solution for collecting taxes upon import and export; a commitment to conform to rules and procedures while collecting the state budget revenues in cooperation with the General Department of Customs: 01 original;

b) The Certification issued by the State bank of the credit institution’ application of Core Banking: 01 original;

c) The Decision of Governor of the State bank on establishing the credit institution: 01 certified true copy bearing the seal of the credit institution;

d) The Establishment and operation license of the credit institution: 01 certified true copy bearing the seal of the credit institution;

e) The Certificate of Enterprise registration: 01 certified true copy bearing the seal of the credit institution.

2. Procedures:

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b) If the credit institution satisfies requirements for collection, the General Department of Customs shall send a delegation to inspect the technical infrastructure in order to ensure that the credit institution satisfies requirements for connection and information exchange with the customs e-payment gateway and information technology system’s safety and security within 10 working days from the day on which the written notification is sent to the credit institution;

c) If such delegation concludes in writing that the credit institution has satisfied requirements of as prescribed in Article 3 of this Circular, within 10 working days, the General Department of Customs shall notify the qualified credit institution that it must prepare technology infrastructure and software that satisfy requirements for information exchange through customs e-payment gateway in order to enter into an agreement on collecting the State budget revenues and issuing tax guarantee electronically under this Circular;

d) If such delegation certifies in writing that that credit institution has not satisfied requirements as prescribed in Article 3 of this Circular, within 10 working days, the General Department of Customs shall notify the credit institution of its ineligibility to collect state budget revenues in cooperation electronically with customs authorities under this Circular.

Article 5. Requirements for electronic exchange of tax payment information

Customs authorities, State Treasury authorities, credit institutions that exchange tax payment information electronically must satisfy the requirements below:

1. The consolidated systems of the General Department of Customs, State Treasury and credit institutions must be connected directly with customs e-payment gateway.

2. The information about tax payment in the form of digital messages which is exchanged between relevant parties must satisfy the requirements below:

a) State budget deposit slips (enclosed herewith) are completed and conformable with applicable regulations of law;

b) The messages must be signed by e-certificates and protected;

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3. E-certificates which used as signatures on digital messages shall:

a) Remain effective throughout both parties' period of connection and exchange of information via customs e-payment gateway of customs authorities. If e-certificates are changed, both parties shall notify each other in writing;

b) Be supplied by the public digital signature authentication units that is licensed by the Ministry of Information and Communications in case of information exchange between the General Department of Customs and the credit institutions;

c) Comply with regulations of the Ministry of Finance in case of information exchange between the General Department of Customs and State Treasury.

Chapter II

SPECIFIC PROVISIONS

Article 6. Location and method of tax payment

1. Location:

a) The taxpayers directly pay taxes at the State Treasury or at the credit institution.

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b) In case the taxpayers pay taxes in cash but taxes are not collected by the State Treasury or the credit institution where customs procedures are carried out, the customs authority where customs declaration sheet is registered shall collect taxes and transfer such total collected tax into a state revenues’ account of the State Treasury which is opened at a commercial bank as prescribed.

At the time the customs declaration sheet is registered, if the taxpayers owe taxes, late payment interests, fines, and other amounts payable to other customs authorities and they wish to settle such amounts at the customs authority where customs procedures are carried out, the taxpayers shall makes the declaration themselves and pay them at the State Treasury, credit institution or customs authority where customs procedures are carried out (if taxes are not collected by the State Treasury).

Where tax collection is authorized, the authorized Sub-department of Customs must fax the tax receipts to Sub-department of Customs where the businesses owe taxes in order for the later to issue the collecting order as prescribed.

Procedures for tax payment at the customs authorities shall be carried out as prescribed in Article 10 of this Circular.

2. Method of tax payment: the taxpayers may decide whether to pay taxes by wire transfer or in cash. One list of tax payment, one state budget payment slip shall be used to pay taxes on one or multiple customs declaration sheets.

Article 7. Tax payment to credit institutions that have entered into an agreement with the General Department of Customs on collecting the state budget (hereinafter referred to as authorized credit institutions)

1. In case the taxpayers directly pay taxes to credit institutions under agreements with customs authorities but not under agreements with the State Treasury:

a) The taxpayers shall determine the amounts payable of each type of taxes, complete form 01/BKNT enclosed with this Circular, and send it to the authorized the credit institution;

b) The authorized credit institution shall check the declaration of taxpayers, compare it with information inquiry on the customs e-payment gateway and follow the procedures below:

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- Withdraw the amount from the accounts of taxpayers or collect the amount from taxpayers and transfer to the state budget revenues’ account of the State Treasury which is opened at a commercial bank;

- Concurrently transmit the revenues collection data in a uniform format (a message which is transmitted to customs e-payment gateway according to a declaration sheet is equivalent to a state budget payment slip) to customs e-payment gateway for the customs authority.

b2) In case the declaration of taxpayers is not conformable with the information inquiry on the customs e-payment gateway:

- If the TIN, name of taxpayers, amount of taxes, the number of declaration forms are not conformable: the authorized credit institution shall request the taxpayers to clarify and correct information before transferring money;

- If the list of budget entries (heading, sub-heading) is not conformable: the collecting credit institution shall transfer the amount and transfer the information about revenues collection in order for the customs authority to grant clearance to taxpayers; and cooperate with the customs authority in checking and correcting information.

b3) In case the declaration of the taxpayers does not exist on the customs e-payment gateway (the taxpayers pay the amount before the system receives the declaration), the authorized credit institution shall examine the State budget payment slip of the taxpayers and other information on the customs e-payment gateway (if customs e-payment gateway is not conformable, they shall rely on other information from data center of the Ministry of Finance) in order to:

- Withdraw the amount from the accounts of the taxpayers or collect the amounts from the taxpayers and transfer to the State budget revenues’ account of the State Treasury which is opened at a commercial bank;

- Concurrently transmit the revenues collection data in a uniform format (a message which is transmitted to customs e-payment gateway according to a declaration sheet is equivalent to a state budget payment slip) to customs e-payment gateway for the customs authority.

c) After receiving the information sent by the collecting credit institution through customs e-payment gateway, the customs authority shall update information about collected amounts, record debt payments, and grant clearance to taxpayers as prescribed;

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By the end of that day or on the beginning of the next day at the latest, the State Treasury must transfer the information about state budget record to data center of the Ministry of Finance and customs e-payment gateway.

dd) After receiving information about recorded revenues collection sent by the State Treasury, the customs authority shall update information and record such budget receipts for accounting purposes as prescribed;

e) In case the data transfer system between credit institutions and customs e-payment gateway has encountered a problem, authorized credit institutions shall print the State budget payment slip and append the “PAID” stamp thereon, then send it to the customs authority in order to check information and grant clearance.

After the data transfer system has been recovered, the authorized credit institution shall retransfer the information about state budget revenues collection to customs e-payment gateway as prescribed.

2. In case the taxpayers directly pay to a credit institution under an agreement with the customs authority and also under an agreement with the State Treasury:

a) The taxpayers shall determine the amounts payable of each types of taxes, complete form 01/BKNT enclosed with this Circular, and send it to the authorized credit institution;

b) The authorized credit institution shall check the declaration of taxpayers, compare with information inquiry on the customs e-payment gateway and follow the procedures below:

b1) In case the information about taxpayers is declared conformably with information inquiry on the customs e-payment gateway, the authorized credit institution must:

- Withdraw the amount from the accounts of taxpayers or collect the amount from taxpayers and transfer to the State budget revenues’ account of the State Treasury which is opened at a commercial bank;

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b2) In case the declaration of taxpayers is not complied with the information inquiry on the customs e-payment gateway:

- If the TIN, name of taxpayers, amount of taxes, the number of declaration sheets are not conformable: the authorized credit institution shall request the taxpayers to clarify and correct information before the transferring money;

- If the list of budget entries (heading, sub-heading) is not conformable: the authorized credit institution shall transfer the amounts and the information about revenues collection in order for customs authorities to grant clearance to the taxpayers; after that they shall cooperate with customs authorities in checking and correcting information.

b3) In case the declaration of taxpayers does not exist on the customs e-payment gateway (the taxpayers pay the amounts before the system receives the declaration), the authorized credit institution shall examine the State budget payment slip of the taxpayers and other information on the customs e-payment gateway (if customs e-payment gateway is not conformable, they shall rely on other information from data center of the Ministry of Finance) in order to:

- Withdraw the amount from the accounts of the taxpayers or collect the amount from taxpayers and transfer to the State budget revenues’ account of the State Treasury which is opened at a commercial bank;

- Concurrently transmit the revenues collection data in a uniform format (a message which is transmitted to customs e-payment gateway according to a declaration sheet is equivalent to a state budget payment slip) to customs e-payment gateway for the customs authority.

c) After receiving the information sent by credit institutions through customs e-payment gateway, the customs authority shall update information about revenues collection record debt payments, grant clearance to the taxpayers as prescribed;

d) After being informed of the wire transfer sent by credit institutions, the State Treasury shall include additional amounts in budget receipt accounts or the customs authority’s deposit account.

By the end of that day or on the beginning of the next day at the latest, the State Treasury must transmit the information about recorded revenues collection to the data center of the Ministry of Finance and customs e-payment gateway.

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f) In case the data transfer system between the credit institution and customs e-payment gateway has encountered a problem, the authorized credit institution shall print the state budget payment slip and append the “PAID” stamp thereon, then send it to the customs authority in order to check information and grant clearance.

After the data transfer system has been recovered, the authorized credit institution shall retransfer the information about revenues collection to customs e-payment gateway as prescribed.

Article 8. Tax payment to credit institutions that have not entered into an agreement with the General Department of Customs on collecting the state budget (hereinafter referred to as unauthorized credit institutions)

1. The taxpayers shall determine the amounts payable of each types of taxes, complete form C1-09/NS enclosed with this Circular (if tax is paid in VND), or complete form C1-10/NS enclosed with this Circular (if tax is paid in foreign currencies) and send it to the credit institution.

2. The unauthorized credit institutions shall rely on the information declared by the taxpayers to transfer the amount into state budget revenues’ account of the State Treasury which is opened at a commercial bank with adequate declaration of taxpayers.

3. After being informed of wire transfer sent by the credit institution, the credit institution under agreement with the State Treasury must:

a) Check the declaration of the taxpayers, compare with information inquiry on the customs e-payment gateway and follow the procedures below:

a1) In case the information about taxpayers is declared conformably with information inquiry on the customs e-payment gateway, the authorized credit institution must:

- Transfer the amount into State budget revenues’ account of the State Treasury which is opened at a commercial bank;

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a2) In case the declaration of taxpayers is not conformable with the information inquiry on the customs e-payment gateway (not conformable with heading or sub-heading): the authorized credit institution shall transfer the amount and the information about the revenues collection in order for the customs authority to grant clearance to the taxpayers; after that it shall cooperate with the customs authority in checking and correcting information;

a3) In case the declaration of taxpayers does not exist on the customs e-payment gateway (the taxpayers pay the amount before the system receives the declaration), the authorized credit institution shall examine the state budget payment slip of the taxpayers and other information on the customs e-payment gateway (if customs e-payment gateway is not conformable, they shall rely on other information from data center of the Ministry of Finance) in order to:

- Transfer the amount into State budget revenues’ account of the State Treasury which is opened at commercial bank;

- - Concurrently transmit the revenues collection data in a uniform format (a message which is transmitted to customs e-payment gateway according to a declaration sheet is equivalent to a state budget payment slip) to customs e-payment gateway for the customs authority.

b) After receiving the information sent by the credit institution through customs e-payment gateway, the customs authority shall update information about revenues collection, record debit payments, grant clearance to taxpayers as prescribed;

c) After being informed of wire transfer sent by credit institutions, State Treasury shall include additional amounts in budget receipt accounts or customs authorities’ deposit account.

By the end of that day or on the beginning of the next day at the latest, the State Treasury must transmit the information about revenues collection to the data center of the Ministry of Finance and customs e-payment gateway.

d) After receiving the information about recorded revenues collection sent by the State Treasury, the customs authority shall update information and record such budget receipts for accounting purposes as prescribed.

Article 9. Direct tax payment at the State Treasury

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2. The State Treasury shall check the declaration of the taxpayers, compare with information inquiry on the customs e-payment gateway and follow the procedures below:

a) In case the information about taxpayers is declared conformably with information inquiry on the customs e-payment gateway, the State Treasury must:

- Withdraw the amount from the accounts of the taxpayers or collect the amount from taxpayers and transfer to the State budget revenues’ account of the State Treasury which is opened at the State Treasury;

- Include additional amounts in the budget revenues’ account or customs authorities’ deposit account.

- Transmit the information about revenues collection on each declaration sheet through the customs e-payment gateway to the customs authority every 15 minutes;

By the end of that day or on the beginning of working day at the latest, the State Treasury must transmit the information about revenues collection to the data center of the Ministry of Finance and customs e-payment gateway in order for the customs authority to compare with transmitted documents.

b) If the TIN, name of taxpayers, amount of taxes, the numbers of declaration forms are not conformable: the State Treasury shall request taxpayers to clarify and correct information before transferring money;

If the budget entries (heading, sub-heading) on the list of payable taxes are not conformable: the State Treasury shall transfer the amount and information about revenues collection in order for the customs authority to grant clearance to the taxpayers; after it they shall cooperate with the customs authority in checking and correcting information.

c) In case the declaration of taxpayers does not exist on the customs e-payment gateway (the taxpayers pay the amount before the system receives the declaration), the State Treasury shall examine the State budget payment slip of the taxpayers and other information on the customs e-payment gateway (if customs e-payment gateway is not conformable, they shall rely on other information from data center of the Ministry of Finance) in order to:

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- Concurrently transmit the information about revenues collection on each sheet through the customs e-payment gateway to the customs authority every 15 minutes;

3. After receiving the information about the recorded revenues collection sent by the State Treasury, the customs authority shall update information, record the debt and tax payment, and grant clearance to taxpayers as prescribed.

4. In case the data transfer system between credit institutions and customs e-payment gateway has encountered a problem, the State Treasury shall print a state budget payment slip and append the “PAID” stamp thereon, then send it to the customs authority in order to check information and grant clearance.

After the data transfer system has been recovered, the State Treasury shall retransfer the information about revenues collection to customs e-payment gateway as prescribed.

Article 10. Regulations on direct tax payment in cash at the customs authorities and time limit for transferring the amount from customs authorities’ deposit account into the State budget’s account:

1. Direct tax payment in cash at the customs authorities:

a) The taxpayers shall determine the amounts payable of each types of taxes, complete form 01/BKNT enclosed with this Circular and send it to authorized credit institutions to pay the amount;

b) The customs authorities where declaration is made shall use the receipts without face value in order to collect taxes from taxpayers, record debit payment for accounting purposes and grant clearance as prescribed.

Procedures for inputting information, collecting the amount and handling with the copies of payment slip shall be carried out under regulations of the Ministry of Finance.

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d) With regard to the fines for administrative violations, which are paid to provisional accounts before paying to the state budget, the customs authority shall issue the receipts and state budget payment slips that clarify "paid to provisional accounts" The State Treasury or credit institutions shall collect the amounts and record it in provisional accounts under current regulations.

dd) Where tax is collected in cash in a severely disadvantaged area, the customs authority shall transfer the tax on raw materials imported for producing exported goods, temporarily imported goods, temporarily exported goods, which has been collected from taxpayers, to the customs authority’s deposit account at State Treasury within 03 working days from the day on which tax is collected. Other taxes collected shall be transferred to government budget.

2. The time limit of transferring from the customs authority’s deposit account into the State budget’s account:

With regard to the amounts of taxes which is transferred into the customs authority’s deposit account at the State Treasury, if the taxpayers have not submitted application for finalization and after 90 days from the tax payment date, the customs authority shall issue the decision on transferring the amounts into the State budget after locking accounting months as prescribed.

Article 11. Comparison of figures and handling with errors in the comparison between customs authorities and collecting credit institutions

1. The comparison:

a) Compare the detailed information on the State budget payment slip with the model State budget payment slip;

b) Compare the number of the State budget payment slips, total amount with regard to budget entries: sorted by customs authority or local State Treasury;

c) The list of comparative information shall be provided in form 02/BKĐC-TCTD enclosed with this Circular.

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3. The time of comparison:

a) Online comparison: the customs authority shall check and compare the information about the State budget payment slip at the time of receiving from the credit institution through customs e-payment gateway; The comparison with every piece of information about State budget payment slip;

b) Daily comparison: shall be carried out at 17:00 in the date of comparison. The comparison is prescribed in Clause 1 of this Article;

c) Monthly comparison: on the fifth of the next month, the result of daily comparison in the previous month shall be colligated;

d) Yearly comparison: on the tenth of January, the result of monthly comparison in the previous year shall be colligated;

In case the date of monthly or yearly comparison falls on a day off or holiday, it shall be carried out in the next working day;

The result of daily, monthly or yearly comparison shall be used by both parties to detect error, properly handle and compare with the State Treasury.

4. Method of comparison: Both parties shall compare, exchange information by electronic method via customs e-payment gateway.

5. Handling with the result of comparative information:

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a) In case the information is consistent: the customs authority shall certify the authorized credit institution via customs e-payment gateway;

b) In case the information is not consistent: both parties shall jointly check, find the reasons and process until it is consistent;

c) Adjustments of comparative information: In case the taxpayers detect errors themselves, they shall notify such errors to the customs authority and State Treasury for adjustments under current regulations;

d) If after 01 working day, the customs authority receive the information about state budget payment slips sent by the authorized credit institution, but they do not receive the information about state budget payment slips sent by the State Treasury:

- Customs authorities shall notify the authorized credit institutions that the List of payment slips, the List of tax payment is not included the information from the State Treasury via customs e-payment gateway;

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 13. Effect

1. This Circular shall take effects from November 1, 2014.

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2. In case relevant documents mentioned in this Circular are amended or replaced, the new documents shall be applied.

Article 14. Implementation

1. Authorize the Director of the General Department of Customs who rely on actual conditions, technical infrastructure to regulate standard of information exchange data about the State budget’s collection, issue tax guarantee to credit institutions and enter into agreement on the State budget’s collection, issue tax guarantee by electronic method upon export and import between the General Department of Customs and credit institutions.

2. In case of any difficulties arising during implementation, customs authorities, State Treasury authorities, credit institutions and other entities shall report to the Ministry of Finance (the General Department of Customs) for consideration.

PP. MINISTER
DEPUTY MINISTER




Do Hoang Anh Tuan