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THE
MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
68/2001/TT-BTC
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Hanoi, August 24, 2001
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CIRCULAR
GUIDING THE
REFUND OF REVENUE AMOUNTS ALREADY REMITTED INTO THE STATE BUDGET
Pursuant to the March 20, 1996 Law on the
State Budget and the Government’s Decree No.87/CP of December 19, 1996
detailing the assignment of responsibilities for managing, drafting,
implementing and settling the State budget;
Pursuant to the May 20, 1998 Law Amending and Supplementing a Number of
Articles of the Law on the State Budget and the Government’s Decree
No.51/1998/ND-CP of July 18, 1998 amending and supplementing a number of
articles of the Government’s Decree No.87/CP of December 19, 1996 detailing the
assignment of responsibilities for managing, drafting, implementing and
settling the State budget;
The Finance Ministry hereby guides the refund of revenue amounts already
remitted into the State budget, as follows:
I. GENERAL PROVISIONS
1. Enterprises, organizations and individuals
(hereinafter referred collectively to as units) shall be refunded the revenue
amounts they have already remitted into the State budget (Account 741) by the
finance agency when they fully meet the following conditions:
1.1. Revenue amounts have been inspected and
considered by the tax agencies, customs agencies of the provinces or
centrally-run cities and the State agencies authorized to collect (hereinafter
referred collectively to as the collecting agencies) and there are refund
decisions and written refund requests sent to the finance agencies.
1.2. Revenue amounts have been actually remitted
by the units (or by the collecting agencies on the units behalf) into the State
budget.
1.3. The refund of revenue amounts cannot be
effected in form of clearing against the units� remittable revenue amounts
arising in the following period or despite the fact that the clearing has
already been made, there still exist remainder to be refunded from the State
budget.
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3. The refund of value added tax (including
mispaid and overpaid value added tax amounts) shall be effected by the fund for
value added tax refund defined in Part D of the Finance Ministry’s Circular
No.122/2000/TT-BTC of December 29, 2000 guiding the implementation of the
Government’s Decree No.79/2000/ND-CP of December 29, 2000 detailing the
implementation of the Value Added Tax Law.
4. The refund of enterprise income tax due to
the re-investment according to the Law on Foreign Investment in Vietnam shall
be effected according to the provisions in Section 6, Point II, Part Two of the
Finance Ministry’s Circular No.13/2001/TT-BTC of March 8, 2001 guiding the
implementation of regulations on taxes applicable to the investment forms under
the Law on Foreign Investment in Vietnam.
5. The refund of export petrol and oil charges
to units shall be effected according to the provisions of the Finance Ministry’s
Circular No.63/2001/TT-BTC of August 9, 2001 amending and supplementing its
Circular No.06/2001/TT-BTC of January 17, 2001 guiding the implementation of
the Government’s Decree No.78/2000/ND-CP of December 26, 2000 on petrol and oil
charges.
6. For units which have made their budget
remittances in foreign currencies: The refunded amounts shall be converted into
Vietnam dong at the average exchange rates on the inter-bank market announced
by Vietnam State Bank at the time of refunding by the finance agency.
7. The relevant agencies and responsible units
shall account and settle the State budget revenue amounts already refunded to
units according to the prescribed regime.
II. SPECIFIC PROVISIONS
1. A refund-requesting dossier comprises:
1.1. Refund decision (the original made
according to the currently set form) of the collecting agency defined in Item
1.1, Point 1, Part I of this Circular.
1.2. Written refund request (the original) sent
by the collecting agency to the finance agency (made according to the set
form).
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2. Refunding procedures:
2.1. The collecting agency shall have to issue
refund decisions and make refund dossiers according to the provisions at Point
1, Part II of this Circular, then send them to the finance agency for effecting
the refund. Dossiers shall be sent to the finance agency of the level to which
budget revenues have been remitted. For revenues divided among many budgetary
levels, dossiers shall be sent to the finance agency of the highest level.
- For the refund of enterprise income tax due to
the re-investment under the Law on Foreign Investment in Vietnam, after the Finance Minister issues refund decisions, the General Tax Department
shall send tax refund decisions (the originals) to the State Budget Department
for effecting the tax refund to the concerned units.
- For the refund of petrol and oil charges,
after the Finance Minister issues decisions on petrol and oil charge refund,
the General Tax Department shall send such decisions (the originals) enclosed
with the complete dossiers prescribed in the Finance Ministry�s Circular
No.63/2001/TT-BTC of August 9, 2001 and written requests for petrol and oil
charge refund (made according to the set form) to the Finance Ministry for
effecting the refund of charges to the concerned units.
2.2. The finance agency shall, after receiving
the refund requesting dossiers from the collecting agency, verify such dossiers
and promptly effect the refund to the requesting units. More concretely:
- If the dossiers are incomplete as prescribed
at Point 1, Part II of this Circular, it shall, within 3 working days, have to
request in writing the refund requesting units to complete the dossiers as
prescribed;
- If the dossiers are complete as prescribed at
Point 1, Part II of this Circular, it shall, within 7 working days, have to
effect the refund to the requesting units according to the provisions in Item
4.2, Point 4, Part IV of the Finance Ministry’s Circular No.103/1999/TT-BTC of
July 18, 1999 and transfer the dossiers to the State Treasury of the same level
for effecting the refund to the units, and at the same time notify in writing
the collecting agency thereof (according to the set form).
- For revenue amounts divided among the
budgetary levels, the finance agency of the highest level shall verify dossiers
and effect the refund of revenue proportion already divided to its budgetary
level, and at the same time send an official dispatch to the lower-level
finance agency. The lower-level finance agency, upon receiving the higher-level
finance agency’s official dispatch, shall effect the refund of revenue
proportion divided to its budgetary level to the requesting units.
2.3. The State Treasury shall, upon receiving
refund vouchers (return orders or expense orders) from the finance agency of
the same level, conduct the examination and control thereof and carry out the
procedures for prompt payment to the requesting units:
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- If vouchers are complete and made according to
the current prescribed regimes, it shall carry out the procedures for prompt
payment to the requesting units, concretely:
+ For amounts refunded under the State
budget-spending orders, the State Treasury of the same level shall, within 2
working days, have to transfer the refunded amounts directly to the refunded
units’ accounts and account budget expenses of the current year according to
Chapter 160 (A, B, C, D), Category 10, Section 10, Item 132 and corresponding
Sub-items.
+ For amounts refunded under the State budget
return orders, the State Treasury of the same level shall, within 2 working
days, have to hand the State budget return orders to the State Treasury office
where the units (or the collecting agency having remitted such amounts on the
units� behalf) have remitted such amounts into the State budget.
The State Treasury office where the units (or
the collecting agency having remitted such amounts on the units’ behalf) have
remitted such amounts into the State budget shall, within 2 working days after
receiving the return orders of the finance agency handed by the State Treasury
of the higher level, have to transfer the refunded amounts directly to the
units� accounts and account the decrease of budget revenues of the current year
according to the Chapter, Category, Section, Item and Sub-Item of revenues
having already arisen.
3. The clearing between revenue amounts refunded
from the State budget and the units� revenue amounts remittable into the State
budget in the following period is prescribed as follows:
- The collecting agency shall effect the
clearing between revenue amounts of the same nature. Particularly, the customs
office shall, apart from effecting the clearing between revenue amounts of the
same nature, effect the clearing among collected amounts of export tax, import
tax and special consumption tax on import goods.
- For units engaged in export and import
activities, the customs office shall effect the clearing upon each goods
shipment.
- For units engaged in production, business and
service activities at home, the collecting agency shall effect the clearing
upon each tax period (month, quarter or year...).
4. In cases where the refunded units still owe
the State budget (for revenue amounts not of the same nature), the written
requests sent by the collecting agency to the finance agency must clearly and
specifically state the money amounts still owed to the State budget and
detailed contents of amounts to be refunded by the State budget. The finance
agency shall consider and effect the refund of refundable amounts to the units,
and at the same time remit the remittable amounts to the State budget.
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6. For non-commercial export and import goods at
the border-gates (such as: luggage, postal parcels and items...), in case of
refund in cash to individuals who have no accounts at banks or the State
Treasury, the border-gate customs shall effect the direct refund to such
individuals from cash sources collected thereat and having not yet to be
remitted into the State budget according to the prescribed regime. The customs
offices shall be responsible for effecting such refund and send periodical
reports to the competent authorities as prescribed.
7. In cases where the objects eligible for cash
refund are individuals having no accounts at banks or the State Treasury
(except for export and import non-commercial goods at border-gates), the
written refund requests sent by the collecting agency to the finance agency
must clearly state the full names; permanent residence addresses; serial
numbers, dates and places of issuing the refunded individuals’ identity cards.
After obtaining the finance agency’s consent, the State Treasury shall effect
the direct payment to the refunded objects according to the regulations on cash
management.
III. ORGANIZATION OF IMPLEMENTATION
This Circular replaces the Finance Ministry’s
Circular No.25/2000/TT-BTC of March 30, 2000 and takes effect 15 days after its
signing. All the previous stipulations, which are contrary to the provisions of
this Circular, are hereby annulled.
The refund-requesting dossiers, which have
already been completed according to the provisions of the Finance Ministry’s
Circular No.25/2000/TT-BTC of March 30, 2000 shall, within 30 days after the
effective date of this Circular, continue to be sent to the finance agencies
for settlement.
The General Tax Department, the General Customs
Department, the State agencies authorized to collect revenues, the Central
State Bank, the finance agencies of all levels and the refunded units and
individuals shall have to implement and guide their attached units in strictly
implementing the provisions of this Circular.
Any problems arising in the course of
implementation should be promptly reported by the concerned agencies to the
Finance Ministry for study, guidance, supplement and amendment.
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