Joint Circular No. 141/1998/TTLT-BTC-TCHQ guides the coordination in exchanging information and data on taxpayers between the Ministry of Finance and the General Department of Customs to facilitate the registration of enterprise codes for import and export with customs authorities and the management of import and export tax collection.

CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF FINANCE AND NATIONAL TAX ADMINISTRATION COMMISSION

No. 141/1998/TTLT-BTC-TCHQ DATED OCTOBER 24, 1998

GUIDELINES FOR COOPERATION IN INFORMATION EXCHANGE

REGARDING TAXPAYERS

- Pursuant to the Law on Export Tax and Import Tax adopted by the Eighth National Assembly at its tenth session on December 26, 1991.

- Implementing Decision No. 75/1998/QĐ-TTg dated April 4, 1998 of the Prime Minister regarding tax identification numbers for taxpayers.

- Implementing Clause 3, Article 8 of Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade concerning export-import activities, processing, and foreign trade agency.

To implement two-way information exchange within the scope of each sector's management, the Ministry of Finance and the National Tax Administration Commission hereby jointly guide as follows:

A - GENERAL PROVISIONS

1. The National Tax Administration Commission shall use the tax identification number issued by the Ministry of Finance (General Department of Taxation) to enterprises subject to taxation according to Decision No. 75/1998/QĐ-TTg dated April 4, 1998 as the enterprise code for import-export activities when such taxpayers conduct import-export operations. This code will be used to manage import-export entities through customs procedures and serve as the basis for consistent information exchange between the Ministry of Finance and the National Tax Administration Commission regarding taxpayers.

2. The Ministry of Finance and the National Tax Administration Commission shall carry out information exchange through appropriate methods to facilitate the registration of enterprise codes for import-export businesses with customs authorities and the management of import-export taxes.

3. Both sectors are responsible for managing and using the foundational data exchanged in accordance with national and sectoral confidentiality regulations.

B - SPECIFIC PROVISIONS

I. CONTENT AND METHODS OF INFORMATION EXCHANGE:

1. The Ministry of Finance shall provide the National Tax Administration Commission with information on the tax identification numbers of entities that have been assigned tax identification numbers for conducting import-export activities, based on the list proposed by the National Tax Administration Commission when enterprises register their import-export business codes with customs authorities.

2. The list of information indicators regarding the tax identification numbers of each taxpayer provided by the Ministry of Finance to the National Tax Administration Commission is detailed in Appendix 1 attached hereto.

3. The National Tax Administration Commission shall provide the Ministry of Finance with periodic reports on import-export activities. The list of reports is detailed in Appendix 2 attached hereto.

4. Information exchange shall be conducted through the information systems of both sectors in the form of structured or unstructured data files (formatted text files) according to standards agreed upon by the information technology units of both sectors to ensure the most convenient updating into each sector’s database.

5. The Ministry of Finance and the National Tax Administration Commission shall agree on the update cycle for the information exchanged between the two parties.

II. IMPLEMENTATION PROCEDURES:

1. Based on the list of import-export business code registrations (tax identification numbers) from the Customs Departments of Provinces and Cities, the National Tax Administration Commission shall compile a nationwide list and send it to the Ministry of Finance to request detailed information about the entities listed.

2. On the basis of the list proposed by the National Tax Administration Commission, the Ministry of Finance shall provide detailed information as stipulated in Section B.I and return the response to the National Tax Administration Commission. The maximum time limit from receiving the list from the National Tax Administration Commission to providing the information response, under normal technical system operation conditions, is one day.

3. The National Tax Administration Commission shall compare and verify the list of business code registrations against the information received from the Ministry of Finance to compile a confirmed registration list.

4. Based on the list in Appendix 02, the National Tax Administration Commission shall transfer to the Ministry of Finance periodic comprehensive reports as prescribed.

C. IMPLEMENTATION

1. The Ministry of Finance shall direct the Information Application Management Board to organize the implementation and resolve technical requirements, with the General Department of Taxation and related units cooperating to meet the information provision requirements.

The National Tax Administration Commission shall direct the Customs Information and Statistics Center to organize the implementation and be responsible for technical requirements, with related units cooperating to meet information requirements. Related units in each sector shall coordinate to organize the implementation of this circular.

2. This Circular shall take effect fifteen days from the date of signature.

3. During the implementation process, if there are any difficulties, both sectors shall cooperate to discuss and resolve them.

ANNEX 1

LIST OF INFORMATION INDICATORS

Provided by the Ministry of Finance to the National Tax Administration Commission

1. Tax Identification Number

2. Issuing Authority of Tax Identification Number

3. Date of Issuance of Tax Identification Number

4. Official Name

5. Trading Name

6. Head Office Address

7. Address for Tax Notification

8. Tax Registration Location

9. Establishment Decision (Number, Date, Issuing Authority)

10. Business License (Number, Date, Issuing Authority)

11. Business Activities

12. Start Date of Business Operations

13. Legal Capital

14. Registered Capital

15. Bank Account (Account Number, Bank Name)

(Account Number, Bank Name)

16. Enterprise Type

17. Tax Identification Number of Controlling Entity

18. Director, Chief Accountant

19. Industry Code

20. Value Added Tax Calculation Method

ANNEX 2

LIST OF PERIODIC COMPREHENSIVE REPORTS

Provided by the National Tax Administration Commission to the Ministry of Finance

1. Quick report on regular tax revenue every 10 days, 20 days, and 30 days.

2. Report on monthly treasury payments.

3. Monthly report on tax arrears.

4. Monthly report on large balanced imports.

5. Monthly report on joint venture investment import-export goods.

6. Report on import-export turnover by Ministry, Sector, and Local Area.

7. Periodic statistical report on import-export goods every 10 days, 20 days, and 30 days.

8. Monthly report on major import-export items.

9. Report on state-managed consumer goods imports.

10. Quarterly consolidated report on anti-smuggling efforts.