This Circular stipulates the organization of state budget revenue collection through the State Treasury (ST), including contents such as the process of collecting state budget revenues, managing and using ST accounts at commercial banks; responsibilities of relevant agencies during implementation. This Circular takes effect from February 15, 2017.
适用范围
Tax authorities, Customs, State Treasury, commercial banks, and organizations and individuals obligated to pay state budget revenues
要点
- Regulations on the process of collecting state budget revenues through the State Treasury.
- Guidelines for managing and using State Treasury accounts at commercial banks.
- Determining the responsibilities of relevant agencies in organizing the collection of state budget revenues.
- Repealing Circular No. 128/2008/TT-BTC, Circular No. 85/2011/TT-BTC, and Circular No. 32/2014/TT-BTC.
- Effective from February 15, 2017.
🌐 本文件的社会影响
- Strengthening the management of state budget revenue collection, ensuring sources of revenue for the state budget.
- Ensuring proper accounting and allocation according to regulations for all levels of the state budget.
- Improving the efficiency of coordination among tax authorities, Customs, State Treasury, and commercial banks in the process of collecting state budget revenues.
❓ 常见问题
When does this Circular take effect?
This Circular takes effect from February 15, 2017.
Which documents are abolished by this Circular?
Circular No. 128/2008/TT-BTC, Circular No. 85/2011/TT-BTC, and Circular No. 32/2014/TT-BTC.
What is the responsibility of the State Treasury in organizing the collection of state budget revenues?
The State Treasury is responsible for coordinating with tax authorities, Customs, and commercial banks to manage state budget revenue collection; accurately recording collected revenues into State Treasury accounts at banks; reviewing and reconciling state budget revenues.
全文
| MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
| Provincial People's Committees set specific pricesNo.: 328/2016/TT-BTC | Hanoi, December 26, 2016 |
CIRCULAR
Guidelines on the collection and management of budget revenues through the State Treasury
Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration dated December 21, 2016 issued by the Government, which provides detailed regulations and guidance on certain provisions of the Government's Decree on electronic transactions in financial activities dated February 23, 2007
On the basis of Law on State Budget June 25, 2015;
On the basis of Law on Personal Income Tax November 29, 2006; The Minister of Finance issues this Circular guiding the collection and management of budget revenues through the State Treasury. dated November 20, 2012; Law amending and supplementing certain provisions of the Tax Laws November 26, 2014;
On the basis of Decree No. 26/2024/NĐ-CP dated September 15, 2024 of the Government amending and supplementing certain articles of Decree No. dated June 20, 2012;
On the basis of Law on Electronic Transactions November 29, 2005;
Decree No. 163/2016/NĐ-CP 1. Scope of regulation includes: tax, fee, and charge revenues belonging to the State Budget (SB) and other SB revenue items. State Budget Law;
Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Decree No. Decision No. 27/2007/NĐ-CP a) State Treasury (ST).
At the proposal of the Director General of the State Treasury;
b) Tax authorities, Customs, and other agencies assigned by the Government and the Ministry of Finance to organize the collection of the State Budget.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
c) Commercial banks and foreign bank branches operating in Vietnam under the Law on Credit Organizations (collectively referred to as CBs).
d) Organizations and individuals responsible for paying taxes, fees, charges, and other SB payments.
1. POS: Short for Point of Sale device deployed by issuing banks at payment acceptance points.
2. TCS: Short for Modernized Collection System application program for SB revenue collection implemented by the ST at collection points.
3. TCS - CB: Short for the application program for bank-based collection coordination.
Article 2. Interpretation of Terms
4. State Budget payer: Refers to taxpayers, fee payers, charge payers, and other SB revenue payers.
5. Provincial ST: Refers to provincial STs and centrally-administered city STs; district-level STs refer to district STs, county STs, town STs, and provincial-level ST branch offices.
6. "Cut off time": The point in time when the transmission and receipt of payment documents for daily settlement between the ST and the CB where the ST has an account are temporarily halted.
Article 3. Principles of State Budget Revenue Management
2. In principle, all State Budget revenues must be remitted through banks or directly to the ST. In cases where it is difficult to remit through banks or directly to the ST due to geographical constraints or lack of collection points at customs locations, the collecting agency may directly collect or authorize another entity to collect cash from the State Budget payer and subsequently remit the full amount within the prescribed deadline as stipulated in this Circular; in cases where the Tax Authority authorizes the collection of cash from individual taxpayers, such actions shall comply with the regulations of the Ministry of Finance and the guidelines of the General Department of Taxation. Non-repayable grants in monetary form (excluding direct foreign grants for specific projects) must be promptly transferred into State Budget revenue.
3. All State Budget revenues shall be recorded in Vietnamese Dong, detailed according to the fiscal year, budget classification, and allocated among different levels of the budget according to the percentage ratio specified by the competent authority. State Budget revenues in foreign currency shall be converted into Vietnamese Dong based on the exchange rate for foreign currency accounting at the time of recording.
4. The refund of State Budget revenues shall be carried out in accordance with Article 10 of this Circular. The procedures for collection, payment, exemption, reduction, and refund of State Budget revenues must be publicly announced and posted at the collecting agencies and STs that directly transact with State Budget payers.
FORMS AND DOCUMENTATION FOR STATE BUDGET REVENUE COLLECTION
4. The refund of State budget revenues shall be carried out in accordance with the provisions of Article 10 of this Circular. The procedures for collection, payment, exemption, reduction, and refund of State budget revenues must be publicly announced and posted at the revenue collection agencies and Treasury offices directly dealing with taxpayers.
Chapter II
SPECIFIC PROVISIONS
Section 1.
COOPERATION IN COLLECTION AND AUTHORIZATION FOR COLLECTION,
FORMS AND DOCUMENTS FOR STATE BUDGET COLLECTION
Article 4. Coordination in Collection and Entrusted Collection of State Budget Revenues
1. Provincial KBNNs and District KBNNs continue to implement coordination in collection and are entrusted to collect state budget revenues in cash (including administrative violation fines) with commercial banks where KBNNs have accounts (either transaction accounts or dedicated collection accounts) in accordance with this Circular and agreements on coordination in collecting state budget revenues between KBNNs, the General Department of Taxation/General Department of Customs, and commercial banks. Specifically:
a) In cases where provincial KBNNs or district KBNNs have not yet entrusted commercial banks to collect state budget revenues in cash, then provincial KBNNs or district KBNNs and tax and customs authorities shall coordinate in collecting state budget revenues from commercial banks through bank transfers.
d) Provincial KBNNs and district KBNNs must open dedicated collection accounts at commercial banks to implement coordination in collection and entrusted collection of state budget revenues in cash according to the Ministry of Finance's regulations on managing and using KBNN accounts opened at the State Bank of Vietnam and other commercial banks.
2. The entrusting of commercial banks to collect state budget revenues in cash by KBNNs (provincial or district level) is decided by the Director of the provincial KBNN.
Article 5. Forms of Collection of State Budget Revenues
a) Collection by bank transfer from the payer's account at a bank, where the bank deducts funds from the payer's account and transfers them into the KBNN's account to record the collection of state budget revenues.
b) Collection by transfer from the account of the payer at the State Treasury, the State Treasury will deduct the amount from the payer's account to record the collection of SBR.
c) Collection by electronic means, including:
- Through electronic tax payment services on the e-government portal of the General Department of Taxation or the electronic payment portal of the General Department of Customs;
- Through electronic payment services of commercial banks such as ATMs, Internet banking, Mobile banking, POS, or other forms of electronic payment.
2. Collection in Cash:
a) Direct cash collection at KBNNs.
b) Cash collection at commercial banks to deposit into the KBNN's account.
d) Collection through organizations or individuals authorized to directly impose penalties or entrusted to collect penalties according to the Law on Handling Administrative Violations and guiding documents of the Law.
People's Committees at the commune level are permitted to collect amounts within their budget revenue collection responsibilities; thereafter, they process the deposit of money into the district-level KBNN or deposit it into the commune budget fund for expenditure according to prescribed regulations (in cases where communes in remote areas lack regular transactions with KBNNs). The organization of commune budget revenue collection is carried out according to the Ministry of Finance's regulations on managing commune budgets and other financial activities of communes, wards, and towns.
Article 6. Budget revenue collection vouchers
a) Budget revenue collection order: This is a voucher issued by the collection agency (model number C1-01/NS attached to this Circular) requesting the State Treasury and commercial banks where the person obligated to pay the budget has an account to deduct from the payer's account to remit to the state budget in accordance with the provisions of the Law on State Budget and the Law on Tax Administration.
b) Payment slip for budget revenue: Implemented according to model number C1-02/NS attached to Circular No. 84/2016/TT-BTC dated June 17, 2016 of the Ministry of Finance guiding procedures for collecting and remitting budget revenues for tax and domestic revenue items (hereinafter referred to as Circular No. 84/2016/TT-BTC).
c) Tax payment declaration form: Implemented according to model number 01/BKNT attached to Circular No. 84/2016/TT-BTC.
d) Receipt for fees, charges, and administrative fines: Implemented according to the provisions of Circular No. 153/2012/TT-BTC dated September 17, 2012 of the Ministry of Finance guiding the printing, issuance, management, and use of various types of fee and charge collection vouchers under the state budget (hereinafter referred to as Circular No. 153/2012/TT-BTC); Circular No. 153/2013/TT-BTC dated October 31, 2013 of the Ministry of Finance stipulating procedures for collecting and remitting administrative fine payments, receipt for fine payments, and national budget funds to ensure the operation of administrative penalty forces (hereinafter referred to as Circular No. 153/2013/TT-BTC); Circular No. 105/2014/TT-BTC dated August 7, 2014 of the Ministry of Finance amending and supplementing certain articles of Circular No. 153/2013/TT-BTC. In cases where the State Treasury prepares and prints receipts from computer programs or allows commercial banks where the State Treasury has accounts to prepare and print receipts from computer programs, the printed receipt models must comply with the provisions of Circular No. 153/2012/TT-BTC.
đ) Vouchers for withdrawing money from the unit's account at the State Treasury to remit to the state budget (Budget expenditure withdrawal form; Capital investment withdrawal form; Mandate transfer, electronic money transfer): Implemented according to the regulations of the Ministry of Finance on guiding the state accounting system applicable to the budget and treasury information management system and other implementing guidance documents.
e) Bank transaction vouchers (mandate transfer; cash deposit slip): These are vouchers used by the payer to deduct from their own account or deposit cash to remit to the state budget into the State Treasury's account at the bank. The voucher forms are implemented according to the regulations of the State Bank of Vietnam and the commercial banks where the budget payment transactions are conducted.
2. The establishment, control, circulation, recovery, and storage of budget revenue collection vouchers shall comply with current legal regulations. In addition to the main contents on the budget revenue collection voucher as prescribed in Clause 1 of Article 6 of this Circular, the issuing agency or organization may add barcode, background logo (logo) information of the issuing agency or organization; additional information must comply with current legal regulations and not obscure or blur the required contents on the budget revenue collection voucher.
a) For direct submission of budget revenue at the provincial State Treasury office, district State Treasury office: Stamp "State Treasury Accountant" (except in cases of collection at State Treasury transaction points and collection at State Treasury branch offices).
b) For submission of budget revenue at the State Treasury branch office under the provincial State Treasury: Stamp of the State Treasury branch office.
c) For submission of budget revenue at State Treasury transaction points: Stamp of the State Treasury transaction point.
Section 2.
PROCEDURE FOR COLLECTING THE STATE BUDGET
1. State budget revenue managed by Tax and Customs authorities
a) For state budget revenues managed by Customs authorities: Shall be implemented in accordance with the provisions of Circular No. 184/2015/TT-BTC dated November 17, 2015, issued by the Ministry of Finance, on procedures for declaration, guarantee of tax payment, collection of taxes, late payment penalties, fines, fees, and other charges, for exported, imported, transited goods, and means of transportation exiting, entering, or transiting the country (hereinafter referred to as Circular No. 184/2015/TT-BTC) or any replacement documents.
b) For state budget revenues managed by Tax authorities: Shall be implemented in accordance with the provisions of Circular No. 84/2016/TT-BTC or any replacement documents.
2. State budget revenue managed by financial agencies or other collecting agencies: The process of state budget revenue collection through tax payment schedules (at commercial banks or Treasury Single Accounts) or withdrawal vouchers from the accounts of units at Treasury Single Accounts to pay into the state budget, or bank transaction vouchers to deposit money into the Treasury Single Account, or collection through electronic payment services provided by commercial banks shall be carried out similarly to the procedures outlined in Circular No. 84/2016/TT-BTC (commercial banks or Treasury Single Accounts when processing tax payments from taxpayers do not need to compare the data declared by taxpayers on payment vouchers with the data on the e-government portal of the General Department of Taxation).
3. Collection of state budget revenue using receipts issued at commercial banks where Treasury Single Accounts have accounts opened:
a) Treasury Single Accounts shall entrust commercial banks where Treasury Single Accounts have accounts opened (entrusted commercial banks) to collect fees, charges, administrative violation fines using receipts according to the following methods:
- Using manually prepared receipts: Treasury Single Accounts sign an agreement on entrusting collection and hand over manually prepared receipts (type of receipt without pre-printed denominations, must be filled in by hand) to entrusted commercial banks to organize the collection of funds from taxpayers. Commercial banks are responsible for strictly adhering to the management, usage, and settlement regulations of receipts issued by the Ministry of Finance and the terms agreed upon with Treasury Single Accounts.
- Using receipts generated and printed from the TCS-NHB program: Treasury Single Accounts sign an agreement on entrusting collection and allow entrusted commercial banks to print receipts from the TCS-NHB program to organize the collection of funds from taxpayers.
b) When taxpayers come to make payments, commercial banks issue receipts to collect funds and handle receipt copies in accordance with Circular No. 153/2012/TT-BTC and Circular No. 153/2013/TT-BTC. At the end of the day, commercial banks compile daily receipts to prepare one copy of the Fine Payment Schedule (Form No. 02/BKTP issued together with this Circular); simultaneously, they prepare one copy of the State Budget Payment Voucher.
Based on the State Budget Payment Voucher, commercial banks record and retain the Fine Payment Schedule; subsequently, commercial banks transmit collected data to Treasury Single Accounts (State Budget Payment Voucher, Receipt, Fine Payment Schedule) in accordance with the cooperation agreement for state budget revenue collection with Treasury Single Accounts.
c) Based on the state budget revenue collection data transferred by commercial banks, Treasury Single Accounts reprint one copy of the State Budget Payment Voucher (Form No. C1-06/NS issued together with this Circular), one copy of the Fine Payment Schedule as the basis for recording state budget revenue and retaining them.
d) The Treasury Bank leads the coordination with the commercial banks where it has accounts to provide detailed guidance on the procedure for collecting state budget revenue by receipt.
4. Collection of state budget revenue using receipts issued at Treasury Single Accounts:
a) Treasury Single Accounts may use blank denomination receipts, receipts generated and printed from computer programs to collect certain fees, charges, and administrative violation fines. The receipt format, number of receipt copies, and circulation process of receipt copies shall comply with the provisions of Circular No. 153/2012/TT-BTC, Circular No. 153/2013/TT-BTC, and the guidance provided in this Circular.
b) When taxpayers come to make payments, Treasury Single Accounts issue receipts to collect funds and handle receipt copies in accordance with the regulations. At the end of the working day, Treasury Single Accounts compile daily receipts to prepare one copy of the Receipt Schedule (Form No. 02/BK-BLT issued together with this Circular) for manually prepared receipts; or one copy of the Fine Payment Schedule for receipts generated and printed from the TCS program; simultaneously, they prepare one copy of the State Budget Payment Voucher.
Based on the State Budget Payment Voucher, Treasury Single Accounts record state budget revenue and retain it along with one copy of the Receipt Schedule (or one copy of the Fine Payment Schedule) and all receipt copies.
5. Collection of state budget revenue through POS terminals installed at Treasury Single Accounts:
a) Treasury Single Accounts cooperate with commercial banks where Treasury Single Accounts have accounts to collect state budget revenue through POS terminals installed at provincial Treasury Single Accounts and district-level Treasury Single Accounts based on voluntary agreements from taxpayers (those with payment cards); Treasury Single Accounts do not charge any fees from taxpayers through POS machines.
b) Collection process: Provincial Treasury Single Accounts and district-level Treasury Single Accounts follow the procedures stipulated in Clause 2 or Clause 4 of this Article to collect state budget revenue; simultaneously, they implement the card processing procedures according to the cooperation agreement for state budget revenue collection through POS between Treasury Single Accounts and commercial banks where Treasury Single Accounts have accounts.
6. Collection of administrative violation fines from individuals who have accounts at commercial banks or Treasury Single Accounts: Based on account deduction vouchers of fine payers, commercial banks or Treasury Single Accounts process the transfer of funds into the account of Treasury Single Accounts at banks (in cases where fine payers have accounts at commercial banks) or deduct funds into the state budget revenue account (in cases where fine payers have accounts at Treasury Single Accounts); simultaneously, return one copy of the voucher to the fine payer (to confirm the amount of the fine collected).
7. Collection of state budget revenue through collecting agencies
a) Collecting agencies and organizations entrusted by collecting agencies (collectively referred to as collecting agencies) when directly collecting cash from taxpayers must use receipts in accordance with Circular No. 153/2012/TT-BTC and Circular No. 153/2013/TT-BTC.
b) At the end of the day or periodically, collecting agencies prepare Receipt Schedules (Form No. 02/BK-BLT or Form No. 03/BK-BLMG for pre-printed denomination receipts issued together with this Circular) or Fine Payment Schedules (in cases of fine collection). Based on the Receipt Schedule or Fine Payment Schedule, collecting agencies prepare a Tax Payment Schedule to process the submission of all collected funds to the headquarters of Treasury Single Accounts or deposit into the Treasury Single Account at commercial banks.
For organizations entrusted by the collection agency to collect payments, two copies of the Receipt Register must be established: one copy retained by the organization entrusted with collection, and one copy sent to the entrusting collection agency for monitoring, inspection, and verification.
c) The collection agency and KBNN at the same level shall uniformly stipulate the deadline for depositing funds into KBNN or the commercial bank where KBNN has an account (daily or no later than seven days from the date of collection, depending on the volume of collections and specific local conditions).
d) Periodically, the entity using the settlement receipt shall reconcile the receipt with the issuing entity, ensuring that the number of receipts used, the number of canceled receipts, the number remaining unused, the amount collected, and the amount deposited into the State Budget match; cross-checking the Receipt Register (or Penalty Receipt Register) against the Payment Slips submitted to the State Budget.
Article 8. Collection of the State Budget in Foreign Currency
1. Management Principles:
a) All State Budget revenues in foreign currency (excluding direct foreign aid for projects) shall be centralized into the State Budget's foreign currency fund, managed uniformly at KBNN (Central), with the State Budget revenue in foreign currency recorded in the State Budget's foreign currency fund (in original currency); simultaneously, it shall be converted into Vietnamese Dong according to the foreign exchange accounting rate for recording State Budget revenue and allocation among different levels of budget as prescribed.
c) The State Budget's foreign currency fund shall be used for payment and disbursement of State Budget expenditures in foreign currency. Any remaining foreign currency may be sold to the State Bank of Vietnam by the Central KBNN according to regulations. At year-end, during the finalization period of settlement, the Central KBNN will consolidate the foreign exchange rate differences occurred throughout the year and coordinate with the State Budget Department of the Ministry of Finance to handle them.
d) The monthly foreign exchange accounting rate shall be uniformly applied nationwide for conversion and accounting of State Budget revenues and expenditures in foreign currency; and for the accounting conversion and record-keeping of KBNN.
- The accounting exchange rate between Vietnamese Dong and US Dollar is calculated based on the average trading rate provided by the State Bank of Vietnam over the thirty-day period preceding the announcement date.
- The accounting exchange rate between Vietnamese Dong and other foreign currencies is calculated through US Dollar based on the statistical conversion rate between US Dollar and other foreign currencies provided by the Joint Stock Commercial Bank for Foreign Trade on the last day of the month.
2. Process for Collecting the State Budget in Foreign Currency:
a) Foreign Currency Collection by Transfer: This is carried out similarly to the process of collecting the State Budget by transfer in Vietnamese Dong. Based on the State Budget collection documents sent by the bank, KBNN at various levels process:
- The provincial KBNN records an increase in the foreign currency clearing account at the bank, records the State Budget revenue in foreign currency; simultaneously, converts it into Vietnamese Dong according to the foreign exchange accounting rate for recording State Budget revenue in Vietnamese Dong.
- KBNN records the State Budget's foreign currency fund (State Budget revenue at KBNN and foreign currency transferred back by the provincial KBNN); simultaneously, converts it into Vietnamese Dong according to the foreign exchange accounting rate (only including the foreign currency collected at KBNN) for recording State Budget revenue.
b) Foreign Currency Collection by Cash Through Banks: This is carried out similarly to the process of collecting the State Budget by cash in Vietnamese Dong at the commercial bank where KBNN has an account. Based on the State Budget collection documents sent by the bank, KBNN at various levels process according to the procedure specified in Point a Clause 2 Article 2 of this Decree.
- In cases where the collection agency directly collects foreign currency in cash, it must promptly deposit the full amount into the foreign currency clearing account of the provincial KBNN opened at the bank. Where it is impossible to deposit foreign currency into the bank, the collection agency deposits the entire amount of foreign currency collected into the provincial KBNN. The collection process follows the same procedure as collecting cash in Vietnamese Dong through the collection agency.
- In cases where the taxpayer directly deposits foreign currency in cash into the provincial KBNN, the collection process follows the same procedure as depositing cash in Vietnamese Dong into the provincial KBNN; the county-level KBNN does not organize the collection of foreign currency in cash.
- Based on the amount of foreign currency collected in cash, the provincial KBNN converts it into Vietnamese Dong according to the foreign exchange accounting rate for recording State Budget revenue; simultaneously, deposits the entire amount of foreign currency collected into the foreign currency clearing account of the provincial KBNN at the bank to transfer to KBNN (Central).
- In cases where the State Treasury at the provincial level does not have a foreign currency settlement account at a bank (due to the absence of such accounts being opened for the specific foreign currency arising from state budget revenue by the State Bank branch at the provincial or centrally-administered city level or commercial banks within the locality), the State Treasury at the provincial level may sell foreign currency in cash to the State Bank branch at the provincial or centrally-administered city level; the difference between the actual selling rate of foreign currency and the accounting exchange rate shall be monitored and transferred to the Central State Treasury for settlement with the central budget. If the foreign currency cannot be sold to the State Bank branch at the provincial or centrally-administered city level, the State Treasury at the provincial level shall seal and manage the foreign currency in storage; monthly, it shall report to the Central State Treasury for further handling.
Article 9. Collection of the state budget for certain special items
1. For revenues from the financial reserve fund; supplementary revenues from higher-level budgets; surplus revenues of the state budget; revenues transferred from the previous year's budget; revenues and expenditures recorded: The State Treasury shall base on the documents and vouchers according to the regulations of the Ministry of Finance regarding the guidance on the national accounting system applicable to the budget management information system and treasury to process the accounting procedures for state budget revenue.
2. For revenues from economic activities of the State; revenues from the sale of state assets, including revenues from land use fees attached to assets on land managed by state agencies, units, and organizations; revenues from assets established as state property; non-reimbursable aid funds from governments of other countries, international organizations, other organizations, and individuals outside the country directly provided to the Government of Vietnam and state agencies under localities; voluntary contributions from organizations and individuals both inside and outside the country; other revenues as prescribed by current laws: Agencies responsible for paying state budget revenues shall issue payment vouchers and pay into the state budget or the State Treasury, or pay through collection agencies according to the regulations stipulated for each type of revenue.
Section 3.
REFUNDING OF STATE BUDGET REVENUES
1. Refunding of state budget revenues shall be carried out in the following cases:
a) Collection not in accordance with policies and regulations.
b) Changes in collection mechanisms and policies.
c) Taxpayers are exempted, reduced, or refunded taxes according to decisions of competent state authorities.
d) Refunds as prescribed by current tax laws and related legal regulations.
e) Taxpayers have paid more in taxes, fines, and other revenues than required for each type of tax.
2. Procedures and formalities for refunding:
a) In cases of refunding revenues managed by the Tax Authority and Customs: The procedures and formalities for refunding shall be implemented according to Circular No. 99/2016/TT-BTC dated June 29, 2016 of the Ministry of Finance guiding the management of VAT refunds; Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Ministry of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration; Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government; Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance on customs procedures, inspection, and supervision; export duties, import duties, and tax administration for exported and imported goods, and any amendments and supplements (if any).
b) In cases of refunding revenues not managed by the Tax Authority and Customs: The procedures and formalities for refunding shall be carried out as follows:
The competent state authority deciding on the refund (the authority that decided on the collection or its superior authority) shall be responsible for comparing the content of the refund request with the revenue receipts of the previously submitted amount (receive a copy of the payment voucher to the State Treasury for comparison with the original), if appropriate, issue a refund order for the state budget revenue and transfer it to the State Treasury that collected the revenue to carry out the refund to the taxpayer.
Within three working days from the date of receipt of the refund order, the State Treasury shall check the legality and validity of the refund order against the previous payment vouchers; if appropriate, it shall process the refund for the recipient; if not appropriate, it shall request the recipient or the competent authority to supplement and complete.
Section 4.
AUDITING, HANDLING ERRORS AND ACCOUNTING ENTRIES
1. Reconciliation between KBNN and commercial banks where KBNN opens accounts:
a) After the "cut-off time", units of KBNN and commercial banks where KBNN opens accounts (either settlement accounts or dedicated collection accounts) shall reconcile all information and data regarding the amount collected for the State budget (in detail according to each transaction transmitted/received between KBNN units and commercial banks) on the KBNN account at the commercial bank, including all amounts collected for the State budget arising after the "cut-off time" of the preceding working day, amounts collected for the State budget on the previous holiday (if any), and amounts collected for the State budget up to the "cut-off time" of the current working day.
b) Principles of reconciliation:
- The generated amount and balance on the KBNN account at the commercial bank must match the data on corresponding accounts at KBNN.
- Daily reconciliation data between commercial banks and KBNN must ensure accuracy, detailed according to each transaction.
- For the last working day of the month or year, KBNN and commercial banks must cooperate to ensure that the accounting of State budget revenue matches the monthly or annual budget data.
- In cases where provincial KBNNs or county KBNNs entrust commercial banks where KBNN opens accounts with collecting fees, fines, administrative penalties through payment receipts, they must reconcile accurately according to the total number of items, total amount, and individual item amounts. Monthly, KBNN, commercial banks where KBNN opens accounts, and agencies issuing penalty decisions must reconcile and confirm detailed data according to each agency issuing penalty decisions.
c) The reconciliation of the balance of KBNN accounts at commercial banks shall be carried out in accordance with the current regulations of the State Bank of Vietnam and commercial banks where KBNN opens accounts. The balance on the KBNN account at the end of the month or year, after reconciliation has been completed, must be confirmed, signed, and stamped by the commercial bank where KBNN opens accounts and KBNN to ensure the legality of the documentation.
2. Reconciliation between KBNN and commercial banks where KBNN does not open accounts: KBNN does not reconcile the amount collected for the State budget with commercial banks where KBNN does not have accounts. Payment, transfer, and reconciliation from commercial banks serving taxpayers to the bank where KBNN has an account are carried out in accordance with Circular No. 46/2014/TT-NHNN dated December 31, 2014, of the State Bank of Vietnam guiding non-cash payment services.
3. Reconciliation of data, post-reconciliation processing, verification, and adjustment of State budget revenue information:
a) Between KBNN and tax authorities, customs, shall be carried out in accordance with Circular No. 184/2015/TT-BTC and Circular No. 84/2016/TT-BTC;
b) Between KBNN and other collection agencies (excluding tax authorities and customs), the reconciliation process of data in Circular No. 84/2016/TT-BTC shall be applied to reconcile accurately the amount collected for the State budget and the distribution ratio for each level of budget according to each collection agency.
Article 12. Accounting, Reporting, and Settlement of State Budget Revenue
1. KBNN organizes accounting of State budget revenue in accordance with the Ministry of Finance's regulations on guiding the state accounting system applicable to the budget management information system and treasury, ensuring the fiscal year and State budget classification; the accounting of State budget revenue into KBNN accounts at banks shall be carried out in accordance with the Ministry of Finance's regulations on managing and using KBNN accounts opened at the State Bank of Vietnam and commercial banks.
2. In cases where State budget revenue by bank transfer or direct collection at KBNN lacks or contains errors in elements required for accounting of State budget revenue, KBNN shall record such revenues in suspense accounts corresponding to tax agencies or customs; simultaneously, it shall transmit complete data on the amount of State budget revenue recorded in these accounts to tax agencies or customs according to the reconciliation and information exchange procedures among financial sector agencies.
Subsequently, KBNN shall issue an electronic inquiry letter with digital signature sent to tax agencies or customs for verification, reconciliation, supplementation of information, and submission of State budget revenue in accordance with regulations.
3. For other temporary collections or holds (excluding those specified in Clause 2 of this Article), KBNN shall record them in temporary collection or hold accounts. When processing these amounts in temporary collection or hold accounts, KBNN shall base on administrative decisions or lawful and valid documents, certificates issued by competent state agencies (the agency deciding temporary collection or hold, the agency entrusted with managing the hold). By the end of December of the current year, any temporary collections or holds without a decision from a competent state agency shall be transferred to the next year for continued monitoring and processing.
4. For agencies or units with State budget revenue generated and retained for expenditure under prescribed regulations, they must periodically prepare detailed reports on actual revenue and expenditure submitted to the finance agency. Based on the budget recording and expenditure orders transferred by the finance agency, KBNN shall carry out accounting of revenue and expenditure of the State budget.
Chapter III
IMPLEMENTATION
Article 13. Responsibilities of agencies and units in organizing the collection of state budget revenues
2. Financial agencies:
a) Coordinate with other revenue collection agencies and the State Treasury in managing state budget revenue collections; urge entities under their management to timely and fully remit state budget revenues to the State Treasury.
b) Coordinate with the State Treasury to accurately record all state budget revenues and the percentage distribution among different levels of budget; review and reconcile state budget revenues directly managed by financial agencies.
3. Department of Information Technology and Financial Statistics:
a) Maintain and update the common database of the finance sector for facilitating information exchange between the Tax agency, Customs, State Treasury, Finance, and Commercial Banks.
b) Manage the central data exchange center's database. Control data transmission, detect data transmission errors between parties to promptly address them.
c) Ensure smooth communication infrastructure at the central data exchange center.
Article 14. Implementation clause
1. This Circular takes effect from February 15, 2017.
2. Repeal Circular No. 128/2008/TT-BTC dated December 24, 2008, issued by the Ministry of Finance guiding the collection and management of state budget revenues through the State Treasury; Circular No. 85/2011/TT-BTC dated June 17, 2011, issued by the Ministry of Finance guiding the procedures for coordinating the collection of state budget revenues between the State Treasury, General Department of Taxation, General Department of Customs, and Commercial Banks; Circular No. 32/2014/TT-BTC dated March 11, 2014, issued by the Ministry of Finance amending and supplementing certain articles of Circular No. 85/2011/TT-BTC dated June 17, 2011.
3. The form of Payment Slip for State Budget Revenue (Form C1-02/NS) and the Tax Payment Detail Form (Form 01/BKNT) in this Circular shall be implemented according to the Payment Slip for State Budget Revenue (Form C1-02/NS) and the Tax Payment Detail Form (Form 01/BKNT) promulgated together with Circular No. 84/2016/TT-BTC.
4. In cases where related documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new amended, supplemented, or replaced documents./.
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DEPUTY MINISTER |
原始文件(PDF)
关系图
点击文件即可打开。红色边框=改变效力的关系。