Joint Circular No. 01/2016/TTLT-BKHĐT-BTC guides the exchange of information on enterprises between the National Enterprise Registration Information System and the Tax Information System.

JOINT CIRCULAR

Guidelines on the exchange of information about enterprises

betweenHthe national enterprise registration information systemand the tax information system

andHtax information system

 

Pursuant to the Enterprise Law No. 68/2014/QH13 dated November 26, 2014;

Pursuant to the Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006 and the Law Amending and Supplementing Some Provisions of the Law on Tax Administration No. 21/2012/QH13 dated November 20, 2012;

Pursuant to the Accounting Law No. 03/2003/QH10 dated June 7, 2003;11 day 1June 7, 2003;

Pursuant to Decree No. 78/2015/NĐ-CP dated September 14, 2015 of the Government on business registration;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

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

Pursuant to Decision No. 419/QĐ-TTg dated April 11, 2012 of the Prime Minister approving the project to reform state management over enterprises after establishment; registration for establishment,

The Minister of Planning and Investment and the Minister of Finance issue this Circular guiding the exchange of information about enterprises between the National Enterprise Registration Information System and the Tax Information System.No.national business registration information system and tax information system.No.tax information system.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed guidance on the exchange of information between the National Enterprise Registration Information System and the Tax Information System, including information on enterprise registration, operational status, and financial reports of enterprises established and operating in accordance with the Law on Enterprises.

Article 2. Applicability

This Circular applies to the following entities:

1. The General Department of Taxation under the Ministry of Finance;

2. The Department of Enterprise Registration under the Ministry of Planning and Investment;

3. Tax Departments, Tax Branches;

4. Business Registration Departments under Provincial Departments of Planning and Investment (hereinafter referred to collectively as Business Registration Departments);

5. Relevant organizations and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Enterprise registration includes registration for establishment, changes to enterprise registration content, and other registration and notification obligations as stipulated in Clause 1, Article 3 of Decree No. 78/2015/NĐ-CP.

2. Subordinate units of an enterprise include branches, representative offices, and business locations.

3. The Tax Information System includes the Tax Registration Information System and the Financial Reporting Information System of the General Department of Taxation, Ministry of Finance.

4. The National Enterprise Registration Information System is the specialized business information system on enterprise registration as stipulated in Clause 2, Article 3 of Decree No. 78/2015/NĐ-CP.

5. Tax authorities include the General Department of Taxation, Tax Departments, and Tax Branches as stipulated in Clause 2, Article 2 of the Law on Tax Administration.

Article 4. Principles of Information Exchange

1. The agencies specified in Clauses 1, 2, 3, and 4 of Article 2 of this Circular shall have the following responsibilities:

a) To be responsible for the accuracy of the information provided compared to the information managed by themselves;

b) To be responsible for timely and accurate information exchange as required; ensuring data consistency and uniformity between the two Systems;

c) To be responsible for managing and using the provided information in accordance with the provisions of the law.

2. Information exchanged between the National Enterprise Registration Information System and the Tax Information System has the same legal value as information exchanged in paper form.

Article 5. Forms and Frequency of Information Exchange

1. Forms of Information Exchange:

The exchange of enterprise information is carried out through an electronic network connecting the National Enterprise Registration Information System and the Tax Information System.

In cases where necessary due to management and usage requirements or technical factors, the parties may exchange information via email, file transfer of electronic data, or other forms.

2. Frequency of Information Exchange:

a) Information exchange is conducted automatically in real-time;

b) In specific cases, to serve state management work, the General Department of Taxation and the Department of Enterprise Registration may agree on a unified time and frequency of information exchange.

Article 6. Information Exchange Points

The information exchange points include:

1. Central Level

a) General Department of Taxation;

b) Department of Business Registration.

2. Local Level

a) Tax Departments, Tax Branches;

b) Business Registration Rooms.

Chapter II

EXCHANGE OF BUSINESS REGISTRATION INFORMATION, INFORMATION ON THE OPERATING SITUATION OF BUSINESSES AND INFORMATION ON BUSINESS FINANCIAL REPORTS

BUSINESS OPERATING SITUATION AND INFORMATION ON

FINANCIAL REPORTS OF THE ENTERPRISE

Article 7. Information Exchanged Between the National Business Registration Information System and the Tax Information System

1. The exchanged information includes:

a) Common catalog system;

b) Business registration establishment information, affiliated unit operation registration information;

c) Business registration change information, affiliated unit operation registration change information;

d) Information on business operating situation, affiliated units; information on tax law violations by business founders, managers;

đ) Financial report information of businesses.

2. Based on specific needs, the General Department of Taxation and the Department of Business Registration shall agree to amend and supplement the list of exchanged information as appropriate.

Article 8. Information Exchange Regarding the Common Catalog System

1. The common catalog system consists of catalogs that the General Department of Taxation and the Department of Business Registration uniformly use to ensure data synchronization for information exchange between the two systems.

2. The common catalog system includes:

- National Catalog, Province/City Catalog, District/City Ward Catalog, Commune/Village Catalog, Treasury Catalog, Currency Catalog, Tax Type Catalog, Detailed Economic Form Catalog, Tax Authority Catalog (according to the catalog currently used in the Business Registration Information System);

- Transaction Catalog: common transactions during the process of information exchange between the two systems according to each procedure; detailed provisions set out in Appendix 1 issued together with this Circular;

- Return Result Catalog from the Business Registration Information System: detailed provisions set out in Appendix 2 issued together with this Circular;

- Return Result Catalog from the National Business Registration Information System: detailed provisions set out in Appendix 3 issued together with this Circular;

- Industry and Business Operation Catalog according to the Vietnamese Economic Classification System.

3. When there is information related to changes in the Industry and Business Operation Catalog, the Department of Business Registration is responsible for updating the changed contents and transferring them to the General Department of Taxation.

When there is information related to changes in the National Catalog, Province/City Catalog, District/City Ward Catalog, Commune/Village Catalog, the Department of Business Registration and the General Department of Taxation are responsible for coordinating to update and synchronize information between the two systems.

For other common catalogs, the General Department of Taxation is responsible for updating the changed information and transferring them to the Department of Business Registration.

Article 9. Procedure for Exchanging Business Establishment Registration Information and Affiliated Unit Operation Registration Information

1. Business code, affiliated unit code shall be implemented in accordance with Article 8 of Decree No. 78/2015/ND-CP.

2. The creation and issuance of business codes and affiliated unit codes shall be carried out according to the following procedures:

a) When the business establishment registration dossier, affiliated unit operation registration dossier meets the conditions to obtain the Business Registration Certificate, Affiliated Unit Operation Registration Certificate, the National Business Registration Information System transmits the business establishment registration information, affiliated unit operation registration information to the Business Registration Information System. The information transmitted from the National Business Registration Information System to the Business Registration Information System in the case of business establishment registration, affiliated unit operation registration is detailed in Appendices 4 and 5 issued together with this Circular.

b) The Business Registration Information System receives the business establishment registration information, affiliated unit operation registration information from the National Business Registration Information System and automatically checks the suitability of the information.

If the information is suitable, the Business Registration Information System automatically generates a business code and implements tax authority management level assignment for the business; simultaneously transmitting the business code information, tax authority management information for the business to the National Business Registration Information System.

If the information is not suitable, the Business Registration Information System automatically responds that the information is not suitable and transmits it to the National Business Registration Information System. The information feedback from the Business Registration Information System to the National Business Registration Information System is detailed in Appendix 6 issued together with this Circular.

c) On the basis of the information provided by the Business Registration Information System, the Business Registration Room processes as follows:

In the case of receiving a code from the Business Registration Information System, the Business Registration Room issues the Business Registration Certificate, Affiliated Unit Operation Registration Certificate and sends a notification about the tax authority managing the business to the business. The model of the notification about the tax authority managing the business is stipulated in Circular No. 20/2015/TT-BKHĐT dated December 1, 2015 of the Ministry of Planning and Investment guiding business registration.

In the case of receiving a response from the Business Registration Information System indicating that the information is not suitable, the Business Registration Room rechecks the data against the business registration dossier, sends a notice requesting the business to amend and supplement the dossier according to regulations.

In the case where the National Business Registration Information System receives a code from the Business Registration Information System but the Business Registration Room does not issue a certificate to the business, affiliated unit, the National Business Registration Information System transmits the information to the Business Registration Information System to cancel the generated code.

d) The national business registration information system transmits information on the issuance of the Business Registration Certificate to the tax registration information system. The list of information transmitted from the national business registration information system to the tax registration information system to confirm the issuance of the Business Registration Certificate and the Operation Registration Certificate for subordinate units is detailed in Appendix 7 issued together with this Circular.

Article 10. Procedure for exchanging information on changes to business registration content and operation registration content of subordinate units

1. In cases where businesses, branches, or representative offices register to transfer their headquarters to another district, town, city, province, or municipality

a) When the application for transferring the headquarters of a business, branch, or representative office meets the conditions for issuing the Business Registration Certificate and the Operation Registration Certificate for subordinate units, the national business registration information system transmits the change registration information to the tax registration information system. The information transmitted includes the changed registration information of the business, branch, or representative office that has been updated on the national business registration information system by the Department of Business Registration. The list of information transmitted from the national business registration information system to the tax registration information system in cases where businesses or subordinate units register to transfer their headquarters is detailed in Appendix 8 issued together with this Circular.

b) The tax registration information system automatically checks the relevant information related to the procedure for transferring the headquarters according to tax laws without the need for verification by tax registration officers.

In cases where businesses, branches, or representative offices have not completed the procedures for transferring their headquarters at the tax authority as required, the tax registration information system transmits information to the national business registration information system so that the Department of Business Registration can request the business, branch, or representative office to complete the procedures for transferring their headquarters at the tax authority before making any changes.

In cases where businesses, branches, or representative offices have completed the procedures for transferring their headquarters with the tax authority as required, the tax registration information system automatically assigns the tax authority responsible and transmits the information to the national business registration information system. The list of results returned from the tax registration information system is detailed in Appendix 2 issued together with this Circular.

c) Based on the information provided by the tax registration information system, the Department of Business Registration issues the Business Registration Certificate and the Operation Registration Certificate for subordinate units and sends a notification to the managing tax authority.

d) The national business registration information system transmits information on the issuance of the Business Registration Certificate and the Operation Registration Certificate for subordinate units to the tax registration information system.

2. Except for the cases specified in Clause 1 of this Article, the exchange of information on changes to business registration content and operation registration content of subordinate units in other cases shall be carried out as follows:

a) After the Department of Business Registration issues the Business Registration Certificate and the Operation Registration Certificate, the changed information data of the business and its subordinate units will be transmitted from the national business registration information system to the tax registration information system. The list of information transmitted from the national business registration information system to the tax registration information system in cases where businesses register to change business registration content is detailed in Appendix 9 issued together with this Circular.

b) Upon receiving the data, the tax registration information system automatically checks the consistency of the information and updates it into the database.

c) For cases where the tax registration information system cannot update the changed information of the business or subordinate unit, the General Department of Taxation compiles a list to send to the Department of Enterprise Registration for verification and coordination with relevant Departments of Business Registration to resolve data errors or correct the data information in accordance with regulations.

Article 11. Procedure for exchanging information on registration of temporary cessation of business operations

The procedure for exchanging information on registration of temporary cessation of business operations, resuming business operations before the notified deadline as stipulated in Article 57 of Decree No. 78/2015/NĐ-CP shall be implemented as follows:

1. The Business Registration Department receives, checks the validity of the enterprise's and subordinate unit's application for registration of temporary cessation of business operations, updates it into the National Enterprise Registration Information System, and transmits the information to the Tax Registration Information System. The list of information transmitted from the National Enterprise Registration Information System to the Tax Registration Information System is detailed in Appendix 11 attached hereto.

The Tax Registration Information System receives the information on the registration of temporary cessation of business operations of enterprises and subordinate units from the National Enterprise Registration Information System, automatically updates the temporary cessation status of enterprises and subordinate units.

When the temporary cessation period ends and the enterprise and subordinate unit have registered, the National Enterprise Registration Information System automatically updates the legal status of the enterprise and subordinate unit as temporarily ceased operations and transmits the information to the Tax Registration Information System. The list of information transmitted from the National Enterprise Registration Information System to the Tax Registration Information System is detailed in Appendix 12 attached hereto.

Based on the information transmitted from the National Enterprise Registration Information System, the Tax Registration Information System automatically receives and updates the legal status of enterprises and subordinate units.

2. In cases where enterprises and subordinate units resume operations before the notified deadline, the Business Registration Department restores the operational status of enterprises and subordinate units on the National Enterprise Registration Information System and transmits the information to the Tax Registration Information System. The list of information transmitted from the National Enterprise Registration Information System to the Tax Registration Information System is detailed in Appendix 12 attached hereto.

The Tax Registration Information System receives the information on the restoration of temporary cessation of business operations of enterprises and subordinate units from the National Enterprise Registration Information System, automatically changes the temporary cessation status of enterprises and subordinate units to "operating."

Article 12. Procedure for exchanging information on registration of dissolution of enterprises, termination of activities of subordinate units

The procedure for exchanging information on registration of dissolution of enterprises, termination of activities of subordinate units shall be implemented as follows:

1. In cases where enterprises submit the decision on dissolution to the Business Registration Department in accordance with Clause 3, Article 202 of the Enterprise Law, the Business Registration Department receives, checks the validity of the file, updates the information into the National Enterprise Registration Information System, and transmits the information to the Tax Registration Information System.

Based on the information transmitted from the National Enterprise Registration Information System, the tax authority receives it to perform tax management work as prescribed.

2. In cases where enterprises submit the application for registration of dissolution of enterprises, termination of branch and representative office activities, the Business Registration Department receives, checks the validity of the file, enters the information into the National Enterprise Registration Information System, and transmits the information to the Tax Registration Information System. The list of information transmitted from the National Enterprise Registration Information System to the Tax Registration Information System is detailed in Appendix 13 attached hereto.

Based on the information transmitted from the National Enterprise Registration Information System, the Tax Registration Information System checks the information on the completion of tax obligations of enterprises, branches, and representative offices according to the laws on taxes and sends the feedback results to the National Enterprise Registration Information System within two working days from the date of receipt of the information.

a) In cases where enterprises, branches, and representative offices have completed their tax obligations as prescribed by the laws on taxes, the tax authority performs the procedures to terminate the tax code effectiveness of enterprises, branches, and representative offices as prescribed; updates the status of cessation of operations that has completed the tax code termination procedures for enterprises, branches, and representative offices and transfers the results of completing the termination of tax code effectiveness to the National Enterprise Registration Information System.

Based on the information transmitted from the Tax Registration Information System, the Business Registration Department changes the legal status of enterprises, branches, and representative offices in the National Enterprise Registration Database to dissolution status, terminated operations, and transmits the information to the Tax Registration Information System.

b) In cases where enterprises, branches, and representative offices have not completed their tax obligations as prescribed by the laws on taxes, the tax authority updates the status of cessation of operations that has not completed the tax code termination procedures in the Tax Registration Information System, sends the feedback information on enterprises not completing their tax obligations to the National Enterprise Registration Information System, and requests the Business Registration Department to notify enterprises, branches, and representative offices to complete their tax obligations with the tax authority before registering for dissolution or termination of operations.

Based on the information transmitted from the Tax Registration Information System, the Business Registration Department guides enterprises, branches, and representative offices to contact the tax authority to complete their tax obligations before registering for dissolution or termination of operations.

3. In cases where enterprises submit the application for termination of business operation locations, the Business Registration Department receives, checks the validity of the file, changes the legal status of the business operation location, and transmits the information to the Tax Registration Information System.

Article 13. Procedure for exchanging information on revoking the Enterprise Registration Certificate and the Certificate of Operation of Affiliated Units

1. Within ten working days from the date of receipt of the document requesting the revocation of the Enterprise Registration Certificate from the head of the tax authority, the Business Registration Department shall notify in writing about the violation and request the legal representative of the enterprise to come to the office of the Business Registration Department to explain.

In case the person requested comes to explain, the Business Registration Department shall cooperate with the tax authority to examine and resolve according to regulations based on the content of the explanation.

In case the person requested does not come to explain, the Business Registration Department shall issue a decision to revoke the Enterprise Registration Certificate according to regulations.

2. After the Business Registration Department issues a decision to revoke the Enterprise Registration Certificate and the Certificate of Operation of Affiliated Units, the National Enterprise Registration Information System shall transmit information on the revocation of the Certificate to the Tax Registration Information System. The list of information transmitted from the National Enterprise Registration Information System to the Tax Registration Information System is detailed in Appendix 13 issued together with this Circular.

3. The Tax Registration Information System shall update information on the revocation of the Enterprise Registration Certificate and the Certificate of Operation of Affiliated Units transmitted from the National Enterprise Registration Information System for the tax authority to monitor and handle according to regulations.

4. After the period of 180 days from the date the Business Registration Department issues the Decision to Revoke the Enterprise Registration Certificate, if no request from the head of the tax authority regarding restoring the legal status of the enterprise is received, the Business Registration Department shall update the legal status of the enterprise in the National Enterprise Registration Database according to Clause 5, Article 203 of the Enterprise Law.

Article 14. Procedure for exchanging information on restoring the legal status of enterprises after revoking the Enterprise Registration Certificate

1. Within 180 days from the date the Business Registration Department issues the Decision to Revoke the Enterprise Registration Certificate, if the enterprise pays all taxes and fines into the state budget, the head of the tax authority shall send a document requesting the Business Registration Department to restore the legal status of the enterprise. Based on the document of the head of the tax authority, the Business Registration Department shall implement the restoration of the legal status of the enterprise after the revocation of the Enterprise Registration Certificate according to Article 64 of Decree No. 78/2015/NĐ-CP and Article 12 of Circular No. 20/2015/TT-BKHĐT.

2. The procedure for exchanging information on restoring the legal status of enterprises after revoking the Enterprise Registration Certificate shall be carried out as follows:

a) After the enterprise has been restored its legal status in the National Enterprise Registration Database, the National Enterprise Registration Information System shall transmit information on the restoration of the legal status of the enterprise to the Tax Registration Information System.

The list of information transmitted from the National Enterprise Registration Information System to the Tax Registration Information System is detailed in Appendix 4 issued together with this Circular.

b) The Tax Registration Information System shall update information on the restoration of the legal status of the enterprise transmitted from the National Enterprise Registration Information System for the tax authority to handle according to regulations.

Article 15. Procedure for exchanging information on businesses no longer operating at registered addresses

In cases where a business is issued a Notice by the tax authority regarding the business no longer operating at the registered address in accordance with the laws on taxation, the tax authority updates the information into the Tax Registration Information System and transmits the information to the National Business Registration Information System for the Business Registration Department to coordinate monitoring, handling, or revoking the Business Registration Certificate in accordance with the law.

In cases where the tax authority receives a request from a business to restore the tax code status after issuing a Notice regarding the business no longer operating at the registered address, the tax authority issues a Notice restoring the tax code status of the business in accordance with the laws on taxation. The Tax Registration Information System transmits information about the business continuing operations to the National Business Registration Information System.

Article 16. Procedure for exchanging information on violations of law by founders and managers of businesses

1. The General Department of Taxation shall be responsible for providing information on individuals who are founders or managers of businesses under the management of the tax authority to the Department of Enterprise Registration Management - Ministry of Planning and Investment to update the warning list on the National Business Registration Information System.

2. Cases of violations of law that are warned on the National Business Registration Information System include:

a) Founders or managers of businesses showing signs of criminal law violations, who have been transferred to the investigation agency by the tax authority in accordance with the laws on criminal procedure and taxation;

b) Businesses having founders or managers who were previously founders or managers of businesses that have been notified by the tax authority as no longer operating at the registered address;

c) Sole proprietors or general partners of limited partnerships violating provisions stipulated in Articles 175 and 183 of the Law on Enterprises.

3. When receiving applications for registration of establishment of businesses, changes to business registration content, or temporary cessation of business operations, the Business Registration Department shall be responsible for checking and reviewing the cases specified in Clause 2 of this Article to handle them in accordance with the Law on Enterprises.

Article 17. Procedure for exchanging information on the operational status of businesses and affiliated units

1. The General Department of Taxation and the Department of Enterprise Registration Management shall implement the exchange of information on the operational status of businesses and affiliated units to review and compare information, serving state management over businesses.

2. The operational status of businesses exchanged according to this provision includes the statuses of businesses managed and monitored by the tax authority and the Business Registration Department through the application system to serve tax management and business management requirements.

a) Common statuses between the two systems include:

- Status "Temporarily Ceased Operations": This status applies to businesses temporarily ceasing operations and submitting a Notice of Temporary Cessation of Operations to the Business Registration Department in accordance with Article 200 of the Law on Enterprises. The date of transferring to the temporarily ceased operations status on the application system is the date the business registers to start temporarily ceasing operations, and the end date of the temporarily ceased operations status is either the end date of the registered temporary cessation period or the date the business notifies resumption of operations before the deadline.

- Status "Unregistered Temporary Inactivity or Pending Dissolution, Bankruptcy": This status applies to businesses that have submitted a Decision on Dissolution to the Business Registration Department and the tax authority in accordance with Clause 3 of Article 202 of the Law on Enterprises; businesses that have been issued a Decision to Revoke the Business Registration Certificate by the Business Registration Department; businesses dissolved pursuant to a Dissolution Decision of the Court in accordance with Clause 1 of Article 203 of the Law on Enterprises but have not yet completed dissolution procedures; businesses with a Court Decision initiating bankruptcy proceedings in accordance with the laws on bankruptcy; businesses no longer operating at the registered address and businesses that have ceased operations for other reasons. The time of determining the pending dissolution or bankruptcy status is the date the Business Registration Department receives the Dissolution Decision of the business, the Decision to Initiate Bankruptcy Proceedings, or the date the Business Registration Department issues a Decision to Revoke the Business Registration Certificate.

- Status "Dissolved or Bankrupt": This status applies to businesses that have completed dissolution procedures in accordance with the regulations and whose legal status has been updated by the Business Registration Department in accordance with Clause 8 of Article 202 and Clause 5 of Article 203 of the Law on Enterprises; businesses terminated due to division, merger, or absorption in accordance with Clause 5 of Article 192, Clause 6 of Article 194, and Clause 5 of Article 195 of the Law on Enterprises; businesses with a Court Decision declaring bankruptcy in accordance with the laws on bankruptcy. The time of determining the dissolved or bankrupt status is the date the Business Registration Department updates the legal status on the National Enterprise Registration Database.

- Status "Operating": This status applies to businesses that have been issued a Business Registration Certificate and do not fall into any of the above statuses.

The operational statuses of businesses specified in Point a of Clause 2 of this Article serve as the basis for parties to unify statistical data and reports on the operational status of businesses.

b) Detailed statuses serving the management requirements of each agency implementing exchanges between the two Systems are defined in Appendix 14 attached to this Circular.

3. The procedure for exchanging information on the operational status of businesses and affiliated units is implemented as follows:

a) In case there is a change in the business operation situation of the enterprise or its affiliated units on the Tax Registration Information System, the Tax Registration Information System will transmit information about the business operation situation of the enterprise and information regarding the enforcement of administrative tax decisions against the enterprise according to the provisions of the Law on Tax Administration to the National Enterprise Registration Information System. The list of exchanged information is detailed in Appendix 10 issued together with this Circular.

The Business Registration Department shall review and update information into the National Enterprise Registration Information System. Subsequently, the National Enterprise Registration Information System transmits information of reviewed enterprises to the Tax Registration Information System to update the business operation status of the enterprises. The list of exchanged information is detailed in Appendix 4 issued together with this Circular.

b) Information transmitted from the National Enterprise Registration Information System to the Tax Information System includes the following: enterprises temporarily ceasing business operations, affiliated units temporarily ceasing activities; enterprises and affiliated units resuming operations; enterprises registering for dissolution; affiliated units terminating activities. The list of exchanged information is detailed in Appendices 11, 12, and 13 issued together with this Circular.

4. The list of business operation statuses of enterprises and affiliated units exchanged between the two Systems is specified in Appendix 14 issued together with this Circular.

Article 18. Procedure for exchanging financial report information of enterprises

1. Annual financial reports of joint-stock companies, limited liability companies, partnerships, and private enterprises; consolidated annual financial reports of groups of companies (hereinafter referred to collectively as financial reports) received and stored in the Financial Report Information System by the tax authority shall be transmitted to the National Enterprise Registration Information System.

2. Monthly, the Financial Report Information System of the General Department of Taxation shall transmit all newly updated data on annual financial report information of enterprises to the National Enterprise Registration Information System.

3. The contents of financial reports exchanged between the two Systems include:

a) Balance Sheet, Income Statement, Cash Flow Statement: exchanged in digital form into data fields;

b) Notes to the Financial Statements: exchanged in the form of attached files.

4. The use and provision of information on financial reports of enterprises shall be carried out in accordance with the provisions of the law.

Article 19. Cases where information exchange between the National Enterprise Registration Information System and the Tax Information System is not implemented

Cases where information exchange between the two Systems is not implemented include:

1. Cases of issuing business registration certificates according to the backup procedures stipulated in Article 12 of Decree No. 78/2015/NĐ-CP;

2. Cases where state-owned companies are converted into limited liability companies with one member or joint-stock companies according to the provisions of the law;

3. Cases of registering the activities of affiliated units of state-owned enterprises that have not yet been converted into limited liability companies or joint-stock companies;

4. Other special cases agreed upon between the General Department of Taxation and the Department of Business Registration Management.

Article 20. Synchronization of business information between the National Business Registration Information System and the Tax Information System

On a monthly, quarterly, and annual basis, the Business Registration Department and the local Tax Department shall be responsible for reviewing and standardizing data to synchronize business information between the two Systems.

Chapter III

IMPLEMENTATION

Article 21. Responsibilities of the General Department of Taxation and the Department of Enterprise Registration Management

1. The General Department of Taxation and the Department of Enterprise Registration Management shall be responsible for coordinating, organizing the development, and operating the Tax Information System and the National Business Registration Information System to implement the procedures for exchanging business registration information, information on the operational status of businesses, and financial reporting information of businesses as stipulated in this Circular.

2. In cases where necessary due to state management requirements or technical conditions, the General Department of Taxation and the Department of Enterprise Registration Management shall exchange and agree on amendments, supplements, or issuance of new lists of information exchanged between the National Business Registration Information System and the Tax Information System.

Article 22. Conditions Ensuring Technical Infrastructure and Funding

1. The General Department of Taxation and the Department of Enterprise Registration Management shall be responsible for preparing and upgrading technical infrastructure to facilitate information exchange between the two Systems as stipulated in this Circular.

2. Funding to ensure information exchange and provision as stipulated in this Circular shall be allocated from the regular budget and annual revenue sources assigned by the State for each Ministry and sector.

Article 23. Coordination in Inspection and Handling of System Errors

When a data transmission issue is detected between the two Systems, the parties shall inspect network infrastructure, hardware, and software to resolve the error (if any). If the error is determined not to be within the scope of responsibility of the system managed by the party, the parties shall promptly notify each other to coordinate inspection, handling, and resolution of the issue.

Article 24. Implementation Provisions

1. This Circular takes effect from April 15, 2016.

2. The General Department of Taxation, the Department of Enterprise Registration Management, the Business Registration Office, the Tax Department, the Tax Revenue Office, and related organizations and individuals shall be responsible for implementing this Circular.

3. During implementation, if there are any difficulties, organizations and individuals related to the matter are requested to report to the Ministry of Planning and Investment and the Ministry of Finance for study and resolution.