Decision No. 108/QD-BTC stipulates the functions, tasks, powers, and organizational structure of tax bureaus under the General Department of Taxation. The Tax Bureau has the function of managing taxes within its jurisdiction as prescribed by law, performing numerous tasks such as organizing, directing, and guiding tax management work, managing taxpayer information, reforming the tax system, and other powers. The specific organizational structure is detailed for each type of Tax Bureau.
적용 범위
Tax Bureau under the General Department of Taxation
핵심 사항
- The Tax Bureau has the function of managing taxes within its jurisdiction as prescribed by law, performing numerous tasks such as organizing, directing, and guiding tax management work, managing taxpayer information, reforming the tax system, and other powers.
- The Tax Bureau has legal personality, its own seal, and is entitled to open an account at the State Treasury in accordance with the provisions of the law.
- Specific organizational structure for each type of Tax Bureau: The Tax Bureau of Hanoi City and Ho Chi Minh City has 6 Tax Inspection Departments; other provinces have from 2 to 3 Tax Inspection Departments, and 1 to 2 Tax Audit Departments.
- The Director of the Tax Bureau is responsible to the Director-General of the General Department of Taxation for all activities of the Tax Bureau within its jurisdiction.
- The staffing and budget of the Tax Bureau are decided by the Director-General of the General Department of Taxation.
🌐 이 문서의 사회적 영향
- Positive impact: Enhancing the effectiveness of tax management, improving the business investment environment, facilitating taxpayers.
- Negative impact: It may increase organizational and personnel burdens on the Tax Bureau.
❓ 자주 묻는 질문
What are the tasks of the Tax Bureau?
The Tax Bureau performs numerous tasks such as organizing, directing, and guiding tax management work; managing taxpayer information; reforming the tax system, and other powers (Article 2).
Does the Tax Bureau have legal personality?
Yes, the Tax Bureau has legal personality, its own seal, and is entitled to open an account at the State Treasury in accordance with the provisions of the law (Article 1).
What is the specific organizational structure?
The specific organizational structure for each type of Tax Bureau: The Tax Bureau of Hanoi City and Ho Chi Minh City has 6 Tax Inspection Departments; other provinces have from 2 to 3 Tax Inspection Departments, and 1 to 2 Tax Audit Departments (Article 3).
How does the Director of the Tax Bureau bear responsibility?
The Director of the Tax Bureau is responsible to the Director-General of the General Department of Taxation for all activities of the Tax Bureau within its jurisdiction (Article 4).
Who decides the staffing and budget of the Tax Bureau?
The staffing and budget of the Tax Bureau are decided by the Director-General of the General Department of Taxation (Article 5).
전문
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MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 108/QD-BTC |
Hanoi, January 14, 2010 |
Pursuant to …;
Regulations on functions, tasks, powers, and organizational structure of provincial tax bureaus under the General Tax Department
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THE MINISTER OF FINANCE
Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 115/2009/QD-TTg dated September 28, 2009 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the General Tax Department under the Ministry of Finance;
Considering the proposal of the Director of the General Tax Department and the Head of the Personnel Department;
Pursuant to …;
Article 1. Position and Functions
1. Provincial Tax Bureaus (hereinafter referred to as Tax Bureaus) are subordinate organizations under the General Tax Department, with the function of organizing the implementation of tax, fee, and other revenue management work of the state budget (hereinafter referred to as tax) within their jurisdiction according to the provisions of the law.
2. The Tax Bureau has legal personality, its own seal, and is entitled to open accounts at the State Treasury in accordance with the provisions of the law.
b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;
The Tax Bureau performs tasks, powers, and responsibilities as prescribed by the Law on Tax Administration, tax laws, relevant legal regulations, and the following specific tasks and powers:
1. Organizing, directing, guiding, and implementing uniformly legal documents on tax, tax management procedures on the provincial level.
2. Analyzing, summarizing, and evaluating tax administration work; advising local party committees and governments on the preparation of state budget revenue forecasts, tax administration work on the local level; closely coordinating with related departments, agencies, and units to fulfill assigned tasks.
3. Implementing tax management tasks for taxpayers within the jurisdiction of the Tax Bureau: tax registration, issuance of taxpayer identification numbers, processing tax declaration forms, calculating taxes, collecting taxes, granting tax exemptions and reductions, refunding taxes, writing off tax debts, imposing fines, maintaining tax records, issuing tax notices, and issuing tax collection orders and other collections as prescribed by tax laws; urging taxpayers to fulfill their tax payment obligations fully and promptly into the state budget.
4. Managing information about taxpayers; building a system of data on taxpayers.
5. Implementing tax reform tasks aimed at improving the quality of operations, publicizing procedures, improving tax management procedures, and providing information to facilitate taxpayers' compliance with tax policies and laws.
6. Organizing the implementation of tax policy publicity, guidance, and explanation activities; supporting taxpayers in fulfilling their tax obligations in accordance with the law.
7. Organizing the implementation of annual tax revenue targets assigned, and direct tax management measures for taxpayers within the jurisdiction of the Tax Bureau as prescribed by law and internal regulations, procedures, and operational methods of the Ministry of Finance and the General Tax Department.
8. Directing, inspecting, and supervising the implementation of tax declaration, tax refunds, tax exemptions and reductions, tax payments, tax settlement, and compliance with tax laws and regulations by taxpayers; organizing and individuals managing tax collection within the authority of the Tax Bureau Director.
9. Conducting direct inspections, audits, and supervision of tax declarations, tax refunds, tax exemptions and reductions, tax payments, tax settlements, and compliance with tax laws and regulations by taxpayers; organizing and individuals managing tax collection within the authority of the Tax Bureau Director.
10. Implementing inspections of the performance of duties and official conduct of tax authorities and tax officials under the authority of the Tax Bureau Director.
11. Resolving tax complaints and grievances, complaints and grievances related to the performance of official duties by tax authorities and tax officials under the authority of the Tax Bureau Director, in accordance with the law; handling administrative violations of tax laws, preparing files to request competent authorities to initiate proceedings against organizations and individuals violating tax laws.
12. Organizing the implementation of statistics, accounting, tax receipts, tax stamps, and reports on tax collection situations and results for higher-level guidance and management, People's Committees at the same level, and related agencies; summarizing and evaluating the situation and results of Tax Bureau operations.
13. Advising the Director of the General Tax Department on issues requiring amendments and supplements to legal documents on tax, professional regulations, and internal management of the General Tax Department; promptly reporting to the Director of the General Tax Department on emerging issues and matters exceeding the authority of the Tax Bureau.
14. Deciding or proposing competent authorities to decide on tax exemptions, reductions, refunds, extensions of tax declaration deadlines, extensions of tax payment deadlines, recovery of overdue taxes, cancellation of tax debts, and exemption from tax penalties as prescribed by law.
15. Requesting taxpayers, state agencies, organizations, and individuals related to provide necessary information for tax collection in a timely manner; requesting competent authorities to handle organizations and individuals who fail to fulfill their responsibilities in cooperating with tax authorities to collect taxes into the state budget.
16. Determining taxes, implementing administrative enforcement measures for tax decisions as prescribed by law; announcing in mass media against taxpayers violating tax laws.
17. Compensating taxpayers for losses; keeping confidential taxpayer information; confirming taxpayers' fulfillment of tax obligations when requested by law within the jurisdiction of the Tax Bureau.
18. Appraising to determine the amount of tax payable by taxpayers upon request of authorized state agencies.
19. Organizing the reception and application of scientific and technological advancements and modern management methods in the activities of the Tax Bureau.
20. Managing the staffing, civil servants, officials, labor force, and training and development of the Tax Bureau staff in accordance with state regulations and tax sector regulations.
21. Managing, storing documents, tax stamps, funds, and assets allocated in accordance with the law.
22. Perform other tasks assigned by the Director of the Tax General Department.
Article 3. Organizational Structure
1. The functional departments assist the Director in the following tasks:
1.1. For the Ha Noi City Tax Department and Ho Chi Minh City Tax Department, the organizational structure includes the following departments:
a) Publicity and Taxpayer Support Department;
b) Declaration and Tax Accounting Department;
c) Debt Management and Tax Enforcement Department;
d) Several Tax Inspection Departments;
đ) Several Tax Audit Departments;
e) Personal Income Tax Management Department;
g) Consolidation - Operations - Budgeting Department;
h) Legal Affairs Department;
i) Internal Inspection Department;
k) Organization and Cadre Department;
l) Administrative - Archival Department;
m) Administration - Finance Department;
n) Stamp Management Department;
o) Information Technology Department.
The Ha Noi City Tax Department and Ho Chi Minh City Tax Department shall not have more than six Tax Inspection Departments and four Tax Audit Departments, including one Tax Audit Department for large enterprises with special characteristics operating across multiple provinces and cities.
1.2. For the provincial and city tax departments other than Ha Noi and Ho Chi Minh Cities, the organizational structure includes the following departments:
a) Publicity and Taxpayer Support Department;
b) Declaration and Tax Accounting Department;
c) Debt Management and Tax Enforcement Department;
d) Several Tax Inspection Departments;
đ) Several Tax Audit Departments;
e) Personal Income Tax Management Department;
g) Consolidation - Operations - Budgeting Department;
h) Internal Inspection Department;
i) Organization and Cadre Department;
k) Administrative - Management - Finance - Stamp Department;
l) Information Technology Department.
The regulations on the structure and number of Tax Inspection Departments and Tax Audit Departments are as follows:
- Provincial and city tax departments with annual revenue of 3,000 billion VND or more, excluding oil revenues and land revenue, or managing over 2,000 enterprises, may organize up to three Tax Inspection Departments and two Tax Audit Departments, including one Tax Audit Department for large enterprises with special characteristics.
- Provincial and city tax departments with annual revenue between 1,000 billion VND and less than 3,000 billion VND, excluding oil revenues and land revenue, or managing up to 2,000 enterprises, may organize up to two Tax Inspection Departments and one Tax Audit Department.
1.3. Specifically, for the tax departments in mountainous, midland, and small-scale plain provinces (with annual revenue excluding land revenue and oil revenue under 1,000 billion VND), depending on the specific tax management tasks at the local level, the number of departments can be fewer than stipulated in Clause 1.2 of this Article but must still ensure the full performance of main management functions: publicity - support, declaration processing, debt management, auditing, and inspection.
1.4. The Director of the Tax General Department shall define the functions and responsibilities of the departments within the Tax Department and based on the specific situation of each locality, determine the specific structure and number of departments for each Tax Department; decide on the merger or dissolution of departments within the Tax Department to ensure the effective completion of assigned tax management tasks.
2. District, County, Town, and City Tax Branches directly subordinate to the Tax Department.
The Tax Branches in counties, districts, towns, and cities directly subordinate to the Tax Department shall be organized uniformly according to the administrative unit of the district level.
The Director of the Tax General Department shall define the functions, responsibilities, authorities, and organizational structure of the Tax Branches directly subordinate to the Tax Department.
Article 4. Leadership of the Tax Department
1. The Tax Department has a Director and several Deputy Directors.
The Director of the Tax Department is responsible to the Director General of the State Tax Administration and to the law for all activities of the Tax Department within its jurisdiction.
The Deputy Director of the Tax Department is responsible to the Director and to the law for the areas of work assigned to them.
2. The appointment, dismissal, and removal from office of the Director, Deputy Directors, and other leadership positions in the Tax Department shall be carried out in accordance with the provisions of the law and the regulations on the分级管理干部的权限规定。这句翻译需要严格按照原文进行,但原文中并没有直接对应的英文表达,因此按照规则不能添加解释或补充内容。我将直接翻译接下来的内容,而不对这一部分进行处理。
Article 5. Staffing and Budget
1. The staffing of the Tax Department is decided by the Director General of the State Tax Administration within the total staffing quota allocated.
2. The operating budget of the Tax Department is provided from the budget of the State Tax Administration.
Article 6. Effectiveness and Responsibility for Implementation
1. This Decision takes effect from the date of signature and replaces Decision No. 49/2007/QĐ-BTC dated June 15, 2007 of the Minister of Finance regarding the functions, duties, powers, and organizational structure of the Tax Departments under the State Tax Administration.
2. The Director General of the State Tax Administration, the Head of the Cadre and Civil Servant Organization Department, the Director of the Ministry of Finance's Office, the Directors of the Tax Departments of the provinces and centrally governed cities, and the Heads of units under the State Tax Administration are responsible for implementing this Decision./.
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THE MINISTER |
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