Joint Circular No. 102/2010/TTLT-BTC-NHNN guiding the exchange and provision of information between tax management agencies and credit organizations.

JOINT CIRCULAR

Guidelines on the exchange and provision of information between tax administration agencies and credit organizations

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Pursuant to the Law on the State Bank of Vietnam No. 06/1997/QH10 dated December 12, 1997; the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam No. 10/2003/QH11 dated June 17, 2003;

Pursuant to the Law on Credit Organizations No. 07/1997/QH10 dated December 12, 1997; the Law Amending and Supplementing Certain Provisions of the Law on Credit Organizations No. 20/2004/QH11 dated June 15, 2004;

Pursuant to the Law on Customs No. 29/2001/QH10 dated June 29, 2001; the Law Amending and Supplementing Certain Provisions of the Law on Customs No. 42/2005/QH11 dated June 14, 2005;

Pursuant to the Law on Electronic Transactions No. 51/2005/QH11 dated November 29, 2005;

Pursuant to the Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006;

Pursuant to Decree No. 154/2005/NĐ-CP dated December 15, 2005 of the Government detailing certain provisions of the Law on Customs regarding customs procedures, customs inspection, and supervision;

Pursuant to Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government on the determination of customs value for exported and imported goods;

Pursuant to Decree No. 85/2007/NĐ-CP dated May 25, 2007 of the Government detailing certain provisions of the Law on Tax Administration;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 96/2008/NĐ-CP dated August 26, 2008 of the Government on the functions, tasks, powers, and organizational structure of the State Bank;

The Ministry of Finance and the State Bank jointly issue guidelines on the exchange and provision of information between tax administration agencies (tax agencies, customs agencies) and credit organizations as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application and Regulatory Scope

These joint circulars guide the cooperation in exchanging and providing information between tax administration agencies and credit organizations, including:

1. Information serving the determination of tax obligations in the customs and tax sectors provided by tax administration agencies.

2. Information related to taxpayers serving the monetary business, credit, and banking activities of credit organizations.

Article 2. Principles of Exchange, Provision, Management, and Use of Information

The notification, transmission, and provision of information and documents related to taxpayers to each sector must be complete, timely, and accurate through the central unit specified in Article 7 of these joint circulars; at the same time, they must comply with the regulations of the Law on Protecting State Secrets, the Law on National Archives, the List of State Secrets, and the regulations of each sector.

Chapter II

SPECIFIC PROVISIONS

Article 3. Content of Information to be Exchanged and Provided

1. Information provided by tax administration agencies

a) Identification information about taxpayers: name, address, taxpayer identification number, field/industry of business...

b) Information on the operational status of taxpayers (taxpayers currently operating and have been issued a tax registration certificate, taxpayers currently operating but not yet meeting the conditions/procedures for issuing a tax registration certificate, taxpayers who have moved to another province, taxpayers who have ceased operations and have been deregistered from their taxpayer identification number, taxpayers who have ceased operations but have not completed the deregistration procedures, taxpayers temporarily suspending business for a limited period);

c) Lists of taxpayers violating tax laws in the following cases:

- List of taxpayers evading taxes; fraudulently reporting taxes; illegally buying and selling invoices; violating tax laws and fleeing from their place of business; engaging in collusion to evade taxes; failing to pay taxes on time after the tax administration agency has applied penalties and enforced collection of tax debts and other requirements according to the law;

- List of taxpayers whose violations of tax laws affect the rights and obligations of other organizations and individuals.

2. Information provided by credit organizations

a) Account transaction records and information of taxpayers (organizations and individuals suspected of violating laws in the customs sector or currently under investigation by the tax administration agency); information on guarantees provided by credit organizations for taxpayers;

b) Documentation, vouchers, account numbers for settlement, detailed account statements, copies of international payment documents, domestic payment documents, and border trade payment documents of taxpayers processed through credit organizations;

c) Other information serving the collection, processing, inspection, and audit of tax information by tax administration agencies:

- Information from loan application files of taxpayers;

- Information from export and import payment files of taxpayers;

- Information from foreign service payment and technology transfer files of taxpayers;

- Information on debt status;

- Information on taxpayers violating contractual agreements with credit organizations.

Article 4. Authority to provide and request provision of information

1. Authority to provide and request the tax management agency to provide information:

The General Director (Deputy General Director) of credit organizations; The Director (Deputy Director) of branch offices and representative offices of credit organizations; The Head of Transaction Department (Deputy Head of Transaction Department) of credit organizations.

2. Authority to provide and request credit organizations to provide information:

The Director General (Deputy Director General) of the General Department of Customs; The Director (Deputy Director) of the Anti-Smuggling Investigation Department and the Post-Customs Inspection Department under the General Department of Customs; The Director (Deputy Director), Branch Director (Deputy Branch Director) under the Provincial, Interprovincial, and Central City Customs Departments.

The Director General (Deputy Director General) of the General Department of Taxation; The Inspector-in-Chief (Deputy Inspector-in-Chief) of the General Department of Taxation; The Director (Deputy Director) of the Provincial and Central City Tax Departments; The Branch Director (Deputy Branch Director) of the District, County, and City Branches of the Provincial Tax Departments.

Article 5. Procedures, methods, and deadlines for exchanging and providing information

1. Procedures for exchanging and providing information:

a) Requests for providing information and documents are carried out in person or indirectly through written means:

- In cases where the requesting party provides information directly, the recipient must present relevant necessary documents to the information-providing agency (the document requesting information provision, identity card, Information Provision Request Form according to the attached Circular Jointly Issued);

- In cases where the requesting party requests indirect provision of information through written means (official letter), the request must clearly state the content of the requested information, the time of provision, the location of provision, and the form of the document (original, copy, photocopy, printout from a computer, soft file if the requested information is stored electronically...).

b) Upon receiving a request for information provision, the recipient of the request bases on the content of the request, the form of the document, the deadline for provision, and their own exchange and provision regulations, in accordance with relevant legal provisions, to collect information to provide to the requesting party.

2. Methods of providing information:

a) In case of direct provision: representatives of the requesting party and the information-providing party organize the direct handover of the information-provision document and accompanying documents (if any).

b) In case of indirect provision: handover through postal service organizations.

c) In case of electronic information provision: carried out according to Clause 4 of this Article.

d) Direct provision of information must be recorded in a handover record, signed by the representative of the information-providing agency and the person receiving the information. The record is made in two copies, each party retains one copy as evidence that the information has been provided.

3. Deadlines for exchanging and providing information:

a) In cases where the deadline for information provision is stipulated in current regulatory legal documents (Tax Management Law No. 78/2006/QH11 dated November 29, 2006, Government Decree No. 98/2007/NĐ-CP dated June 7, 2007 on handling violations of tax laws and enforcement of administrative decisions on taxes...) then it shall be implemented according to the deadline specified in those documents.

b) In cases where the deadline for information provision is not stipulated in current regulatory legal documents, it shall be implemented according to the deadline stated in the request document or at the latest within ten working days from the date of receipt of the request.

c) In cases where the request for information provision cannot be met: the recipient of the request must issue a written notice stating the reasons to the requesting party within five working days from the date of receipt of the request.

4. Exchanging and providing information through information technology systems:

For information proposed to be provided which is stored on the information network system of the information-providing party, both parties agree on the exchange of information through the information network system or electronic storage media. Data transmission through the information network system must comply with the technical conditions of both parties and follow the legal provisions on electronic transactions.

When conditions are met, all parties will unify the technical connection plan for information exchange, ensuring the information exchange model, communication infrastructure, and security according to legal regulations.

Article 6. Responsibilities of the Parties

1. Responsibilities of the Information Provider:

a) Provide information as stipulated in Article 5 of this Joint Circular;

b) Bear responsibility for the accuracy of the provided information;

c) Maintain records related to the provision of information, including: requests for information provision, reconciliation records, confirmation of information, records of information provision handover, other relevant documents and materials related to the provision of information;

d) Ensure confidentiality of the information provision process and its contents to prevent responsive actions from related organizations and individuals.

2. Responsibilities of the Information Requester:

a) Use the information and documents only for the intended purpose; if used improperly, they must bear legal responsibility;

b) Maintain records related to the provision of information, including: requests for information provision, records of information provision handover; provided certificates and documents; other relevant documents and materials related to the provision of information;

c) Implement confidentiality measures for state secrets within the scope defined in Article 2 of this Joint Circular by tax authorities and credit institutions.

Article 7. Points of Contact for Exchange and Provision of Information

1. For Tax Administration Authorities:

a) The Anti-Smuggling Investigation Department, Post-Customs Clearance Inspection Department under the General Department of Customs; Provincial, Interprovincial, and Central City Customs Departments;

b) The State Revenue总局（税务检查），各省、中央直辖市税务局；各区、县、市辖区和省直辖市级税务局。

2. For Credit Institutions: Head offices, branch offices, and transaction offices of credit institutions.

Article 8. Rights of the Parties

Tax administration authorities and credit institutions have the right to request information according to the provisions of this Joint Circular and may refuse to provide information outside the scope specified in Article 3 of this Joint Circular.

Article 9. Costs for Exchange and Provision of Information

1. The Information Requester does not need to pay fees to the Information Provider for the exchange and provision of information as stipulated in Article 3 of this Joint Circular.

2. Costs arising during the exchange and provision of information:

a) For tax administration authorities: allocated within the operational budget of the tax administration authority;

b) For credit institutions: recorded as part of the operational costs of credit institutions.

Chapter III

IMPLEMENTATION

Article 10. This Joint Circular shall take effect 45 days from the date of signature.

Article 11. This Joint Circular replaces Joint Circular No. 01/2006/TTLT-BTC-NHNN dated January 4, 2006, guiding the exchange and provision of information between tax authorities and banks and credit institutions.

Article 12. During implementation, if there are difficulties or obstacles, units should promptly report to the Ministry of Finance (through the General Department of Customs, General Department of Taxation) and the State Bank for study and resolution within their jurisdiction. The Ministry of Finance is responsible for overseeing and summarizing the implementation of this Joint Circular.