Directive No. 575-TTg stipulates measures to urge payment and prevent arrears in import and export taxes for the years 1996-1997, including exemption or reduction of late payment penalties, deduction from business accounts, confiscation of goods, deferral of debt with collateral conditions, suspension of import business licenses, and administrative or criminal sanctions.
Scope of application
General Department of Customs, Ministry of Finance, State Bank, Ministry of Justice, Ministry of Trade, import and export enterprises.
Key points
- The General Department of Customs is tasked with exempting or reducing late payment penalties for units that settle their overdue tax debts before September 30, 1996; and writing off tax debts arising before April 1, 1992, if the units are unable to pay.
- After September 30, 1996, the General Department of Customs will cooperate with the State Bank to deduct funds from business accounts to be paid into the state budget if it is found that import and export businesses have the ability to pay but are deliberately delaying.
- The General Department of Customs will cooperate with the Ministry of Finance and the Ministry of Justice to confiscate imported goods from enterprises still owing taxes and organize auctions to collect the remaining tax debts and pay them into the state budget.
- Enterprises with long-term arrears in import and export taxes may defer their debts if they provide collateral equivalent to the outstanding tax amount and obtain a guarantee from a commercial bank.
- The General Department of Customs will notify the Ministry of Trade about enterprises with long-term arrears in import and export taxes so that the Ministry can suspend import business licenses for these enterprises.
🌐 Social impact of this document
- Enterprises may be exempted or deferred from paying late penalties and taxes, but they must also face the pressure of having funds deducted from their accounts if they deliberately delay.
- The Ministry of Trade will suspend import business licenses for enterprises with long-term tax arrears, affecting their import and export activities.
- Administrative or criminal sanctions may impose legal burdens on enterprises that deliberately delay.
❓ Frequently asked questions
Which enterprises will be exempted or reduced from late payment penalties?
Units that settle their overdue tax debts before September 30, 1996, will be considered for exemption or reduction of late payment penalties by the General Department of Customs (Article 1).
What can the General Department of Customs do if an enterprise deliberately delays?
The General Department of Customs will cooperate with the State Bank to deduct funds from the enterprise's account to be paid into the state budget (Article 2).
When are administrative or criminal sanctions applied?
When an enterprise is found to be deliberately delaying or taking actions to obstruct the collection of taxes for the state budget (Article 6).
Can enterprises with long-term arrears in import and export taxes defer their debts?
Yes, but the enterprise must provide collateral equivalent to the outstanding tax amount and obtain a guarantee from a commercial bank (Article 4).
What will the Ministry of Trade do with enterprises with long-term arrears in import and export taxes?
The Ministry of Trade will suspend the issuance of import business licenses for these enterprises (Article 5).
Full text
| PRIME MINISTER Number: 575-TTg |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, August 24, 1996 |
DIRECTIVE
On measures to urge payment and prevent arrears in import and export taxes for the years 1996-1997
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Although the collection of import and export taxes, special consumption taxes, and other revenues carried out by the Customs Department in the first six months of 1996 was higher than the same period in 1995, it still fell short of the annual plan approved by the National Assembly, and the situation of arrears in import and export taxes remains quite common, significantly affecting the state budget's revenue and expenditure balance.
To effectively implement the plan for collecting import and export taxes for 1996 as approved by the National Assembly, apart from the measures already proposed by the Government at the beginning of the year, the Prime Minister requests that relevant Ministries and sectors promptly carry out the following tasks:
1. In order to resolve outstanding tax arrears, the General Customs Department shall consult with the Ministry of Finance on considering the exemption or reduction of late payment penalties for units that settle their overdue tax debts before September 30, 1996; for tax arrears arising before April 1, 1992, where units lack the ability to pay (due to the unit being dissolved, bankrupt, or operating at a loss...), the General Customs Department shall jointly with the Ministry of Finance verify and confirm these cases and submit them to the Government for consideration to allow the write-off of such debts.
2. Starting from October 1, 1996, if any import and export business enterprise found to have the ability to pay but deliberately delays tax payments is discovered, the General Customs Department shall cooperate with the State Bank and the Ministry of Finance to firmly deduct funds from the enterprise's account balance to be deposited into the state budget.
3. The General Customs Department shall coordinate with the Ministry of Finance and the Ministry of Justice to apply measures to seize imported goods from enterprises with outstanding import and export tax debts, organize auctions to collect the remaining unpaid import and export taxes, and deposit them into the state budget, with the remainder returned to the enterprise.
4. For enterprises with long-standing arrears in import and export taxes that require compulsory collection but encounter risks or obstacles preventing immediate payment of import and export taxes, the General Customs Department may permit the enterprise to defer payment provided that the enterprise pledges collateral equivalent to the amount of the debt and obtains a guarantee from a commercial bank where the enterprise maintains its account.
5. Monthly, the General Customs Department shall report to the Ministry of Trade on units with prolonged tax arrears, enabling the Ministry of Trade to suspend import licenses for these enterprises.
During the process of urging the settlement of outstanding tax arrears, if any enterprise is found to be deliberately delaying payment or taking actions to obstruct the enforcement of this task with the aim of misappropriating state budget funds, the General Customs Department shall prepare a report to submit to the Prime Minister. Depending on the severity of the violation, these enterprises must face administrative penalties or criminal prosecution.
The Prime Minister requests that Ministers and Heads of government agencies involved strictly direct the resolution of long-term tax arrears in import and export taxes within 1996 and prevent new arrears leading to budget losses in subsequent years.
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PRIME MINISTER Vo Van Kiet (Signed) |
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