Joint Circular No. 68-TTLB stipulates the issuance and circulation of payment vouchers for transferring funds to the State budget through banks and credit institutions.

JOINT CIRCULAR

||| CONSOLIDATED DOCUMENT NO. 68-TTLB OF AUGUST 9, 1993 ISSUED BY THE JOINT MINISTRY OF FINANCE AND STATE BANK REGULATING THE ESTABLISHMENT AND CIRCULATION OF PAYMENT DOCUMENTS FOR DEPOSITS INTO THE STATE BUDGET THROUGH BANKS AND CREDIT ORGANIZATIONS

BASED ON THE PROVISIONS OF THE TAX LAW, GUIDING DOCUMENTS OF THE COUNCIL OF MINISTERS (NOW THE GOVERNMENT), AND JOINT MINISTRY OF FINANCE AND STATE BANK CIRCULAR NO. 09-TTLB OF FEBRUARY 27, 1990, THE MINISTRY OF FINANCE AND THE STATE BANK ISSUE SPECIFIC REGULATIONS ON THE ESTABLISHMENT AND CIRCULATION OF PAYMENT DOCUMENTS FOR THE DEPOSIT OF VARIOUS TYPES OF TAXES, FEES, PENALTIES FOR VIOLATIONS OF TAX LAWS, AND OTHER AMOUNTS INTO THE STATE BUDGET THROUGH THE STATE BANK, STATE COMMERCIAL BANKS, JOINT STOCK COMMERCIAL BANKS, BRANCHES OF FOREIGN BANKS IN VIETNAM, JOINT VENTURE BANKS, DEVELOPMENT INVESTMENT BANKS, AND CREDIT COOPERATIVES (HEREINAFTER REFERRED TO AS BANKS AND CREDIT ORGANIZATIONS); AND UNITS AND INDIVIDUALS WHO IMPLEMENT DEPOSITS INTO THE STATE BUDGET (HEREINAFTER REFERRED TO AS UNITS AND INDIVIDUALS MAKING DEPOSITS INTO THE STATE BUDGET), AS FOLLOWS:

II- SUPPORT MEASURES FOR STATE-OWNED AGRICULTURAL FARMS AND FORESTRY COMPANIES IN THE FIELD OF SCIENCE AND TECHNOLOGY

1- THIS CIRCULAR REGULATES THE ESTABLISHMENT AND CIRCULATION OF PAYMENT DOCUMENTS FOR DEPOSITS INTO THE STATE BUDGET THROUGH TRANSFER ACCOUNTS THROUGH THE ACCOUNTS OF UNITS AND INDIVIDUALS OPENED AT BANKS AND CREDIT ORGANIZATIONS.

2- THE PAYMENT DOCUMENTS REGULATED IN THIS CIRCULAR INCLUDE:

- TRANSFER PAYMENT FORM: IS A WITHDRAWAL ORDER FROM THE ACCOUNT HOLDER REQUESTING THE BANK OR CREDIT ORGANIZATION TO TRANSFER FUNDS FROM THEIR ACCOUNT TO THE STATE BUDGET.

- TAX COLLECTION ORDER - PENALTY COLLECTION ORDER.

THESE DOCUMENTS ARE TO BE COMPLETED ACCORDING TO THE FORMS MANAGED AND DISTRIBUTED BY THE MINISTRY OF FINANCE (GENERAL DEPARTMENT OF TAXATION).

3- SUBJECTS RESPONSIBLE FOR ESTABLISHING PAYMENT DOCUMENTS FOR DEPOSITS INTO THE STATE BUDGET:

- UNITS AND INDIVIDUALS MAKING DEPOSITS INTO THE STATE BUDGET ARE RESPONSIBLE FOR DIRECTLY PAYING TAXES AND OTHER AMOUNTS DUE TO THE STATE BUDGET ACCORDING TO THE REGULATED SYSTEM.

- FINANCIAL AUTHORITIES, TAX AUTHORITIES, AND CERTAIN UNITS ASSIGNED THE RESPONSIBILITY OF COLLECTING CERTAIN TYPES OF TAXES, FEES, AND OTHER AMOUNTS DUE TO THE STATE BUDGET.

II- ESTABLISHMENT OF PAYMENT DOCUMENTS

1- THE ESTABLISHMENT OF PAYMENT DOCUMENTS FOR DEPOSITS INTO THE STATE BUDGET SHALL BE CONDUCTED AS FOLLOWS:

1.1- FOR TRANSFER PAYMENT FORMS:

a) STATE ENTERPRISES: THE TRANSFER PAYMENT FORM IS COMPLETED BY THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET BASED ON THE TAX PAYMENT NOTICE FROM THE TAX AUTHORITY.

b) LIMITED LIABILITY COMPANIES, PRIVATE ENTERPRISES, COOPERATIVES, AND PRODUCTION GROUPS (HEREINAFTER REFERRED TO AS NON-STATE OWNED UNITS): THE TRANSFER PAYMENT FORM IS COMPLETED BY THE TAX AUTHORITY BASED ON THE TAX NOTICE AND APPROVED HOUSEHOLD TAX NUMBERS; THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET MUST SIGN AND STAMP (IF APPLICABLE).

c) UNITS AND ORGANIZATIONS ASSIGNED THE RESPONSIBILITY OF COLLECTING FUNDS FOR DEPOSITS INTO THE STATE BUDGET: THE TRANSFER PAYMENT FORM IS COMPLETED BY THESE UNITS BASED ON THE DEADLINES FOR TAX PAYMENTS AND THE SCHEDULE FOR PAYING FEES AND OTHER AMOUNTS DUE AS REGULATED BY THE TAX AUTHORITY.

1.2- FOR TAX COLLECTION ORDERS - PENALTY COLLECTION ORDERS:

THE TAX COLLECTION ORDER - PENALTY COLLECTION ORDER IS COMPLETED BY THE TAX AUTHORITY ACCORDING TO THE MODEL REGULATED BY THE MINISTRY OF FINANCE TO COLLECT TAXES AND PENALTIES FOR TAX VIOLATIONS; THE BASIS FOR COMPLETING THE ORDER IS THE INSPECTION REPORT THAT MUST HAVE THE FULL SIGNATURE OF THE ACCOUNT HOLDER WHO IS THE VIOLATOR, THE STAMP OF THE UNIT (IF APPLICABLE), AND THE DECISION OF THE TAX AUTHORITY. TAXES MUST BE SEPARATELY ORDERED, AND PENALTIES MUST BE SEPARATELY ORDERED; THE TAX COLLECTION ORDER - PENALTY COLLECTION ORDER DOES NOT REQUIRE CONFIRMATION (SIGNATURE, STAMP) FROM THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET; THE TAX AUTHORITY IS RESPONSIBLE FOR ISSUING THIS ORDER.

2- RECORDING REQUIREMENTS ON PAYMENT DOCUMENTS FOR DEPOSITS INTO THE STATE BUDGET:

2.1- PAYMENT DOCUMENTS FOR DEPOSITS INTO THE STATE BUDGET MUST BE COMPLETED WITH SIX COPIES IN ONE SET OF DOCUMENTS, WITH THE SAME SERIAL NUMBER AND SAME NUMBER.

2.2- ALL ELEMENTS MUST BE WRITTEN COMPLETELY, CLEARLY, AND ACCURATELY ACCORDING TO THE PRESCRIBED MODEL; THE FIRST LETTER OF THE AMOUNT IN WORDS MUST BE WRITTEN IN BLOCK LETTERS AND CLOSE TO THE BEGINNING OF THE FIRST LINE; NO LINE BREAKS OR SPACING BETWEEN CHARACTERS; NO CORRECTIONS, ERASURES, CUTTING, PASTING, OR WRITING IN DIFFERENT INKS.

2.3- THE AMOUNT DEPOSITED INTO THE STATE BUDGET MUST REFLECT THE CORRECT CHAPTER, TYPE, SUBSECTION, CATEGORY, AND ITEM ACCORDING TO THE CURRENT STATE BUDGET OUTLINE.

2.4- ON THE PAYMENT DOCUMENT, ONLY ONE OR SEVERAL TYPES OF TAXES, FEES, AND OTHER AMOUNTS WITH THE SAME BUDGET ADJUSTMENT RATE CAN BE LISTED; DIFFERENT TYPES OF TAXES, FEES, AND OTHER AMOUNTS WITH DIFFERENT BUDGET ADJUSTMENT RATES CANNOT BE LISTED ON THE SAME DOCUMENT.

2.5- ON TRANSFER PAYMENT DOCUMENTS, PRIOR TO SENDING TO THE BANK, TCTD, IT MUST HAVE THE COMPLETE STAMP (IF APPLICABLE) AND SIGNATURE OF THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET ACCORDING TO THE REGISTERED STAMP AND SIGNATURE MODEL AT THE BANK, TCTD.

3- USE OF DOCUMENTS: THE SIX COPIES OF THE DOCUMENTS ARE USED AS FOLLOWS:

COPY 1: SERVES AS THE DEBIT DOCUMENT FOR THE ACCOUNT OF THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET, KEPT AT THE BANK, TCTD.

COPY 2: SERVES AS THE DEBT NOTICE FOR THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET.

COPY 3: SERVES AS THE DOCUMENT FOR THE PAYMENT SUMMARY AND SENT TO THE NATIONAL TREASURY.

COPY 4: SERVES AS THE ACCOUNTING DOCUMENT FOR THE STATE BUDGET RECEIPTS OF THE FINANCIAL AUTHORITY.

COPY 5: SERVES AS THE RESPONSE DOCUMENT FOR THE TAX AUTHORITY MANAGING THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET.

COPY 6: KEPT AT THE UNIT ISSUING THE DOCUMENT.

III- HANDLING AND CIRCULATION OF DOCUMENTS.

1. AT THE UNIT ESTABLISHING THE PAYMENT DOCUMENTS FOR THE STATE BUDGET:

1.1- TRANSFER PAYMENT FORMS:

- FOR STATE ENTERPRISES AND ORGANIZATIONS ASSIGNED THE RESPONSIBILITY OF COLLECTING FUNDS FOR THE STATE BUDGET, THEY MUST COMPLETE SIX COPIES WITH ALL REQUIRED INFORMATION ACCORDING TO POINT 2 OF PART II OF THIS CIRCULAR, KEEP COPY 6 AT THE BOTTOM OF THE TRANSFER PAYMENT FORM, AND SEND THE REMAINING FIVE COPIES TO THE BANK, TCTD WHERE THE UNIT OPENS ITS DEPOSIT ACCOUNT.

- FOR NON-STATE OWNED UNITS AND INDIVIDUALS: THE TAX AUTHORITY WILL COMPLETE SIX COPIES ACCORDING TO THE REGULATED REQUIREMENTS BASED ON THE TAX NOTICE AND APPROVED HOUSEHOLD TAX NUMBERS, KEEP COPY 6 AT THE BOTTOM OF THE TRANSFER PAYMENT FORM, AND SEND THE REMAINING FIVE COPIES TO THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET - AT LEAST THREE DAYS BEFORE (AGRICULTURAL TAX AT LEAST TEN DAYS BEFORE) THE PAYMENT DATE AS REGULATED BY THE TAX AUTHORITY.

THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET RECEIVES THE FIVE COPIES OF THE TRANSFER PAYMENT FORM COMPLETED BY THE TAX AUTHORITY AND SENT, AFTER CHECKING THE DATA, SIGNS AND STAMPS (IF APPLICABLE) TO CONFIRM THE DOCUMENT, AND SENDS THE FIVE COPIES OF THE TRANSFER PAYMENT FORM TO THE BANK, TCTD WHERE THE UNIT MAKING DEPOSITS INTO THE STATE BUDGET OPENS ITS DEPOSIT ACCOUNT.

1.2- TAX COLLECTION ORDER - PENALTY COLLECTION ORDER:

AFTER COMPLETING SIX COPIES OF THE TAX COLLECTION ORDER - PENALTY COLLECTION ORDER, THE TAX AUTHORITY SENDS FIVE COPIES ALONG WITH ONE COPY OF THE INSPECTION REPORT WITH THE SIGNATURE, STAMP (IF APPLICABLE) OF THE ACCOUNT HOLDER WHO IS THE VIOLATOR TO THE BANK, TCTD WHERE THE VIOLATOR OPENS THE DEPOSIT ACCOUNT.

2- AT THE BANK, TCTD:

Upon receiving five copies of payment vouchers submitted to the State Budget, either from the payer or from the tax authority, the Bank or Credit Institution shall examine the legality and validity of the vouchers in accordance with the provisions of Points 2.1, 2.2, and 2 of Section II of this Circular. If the payer's account has sufficient balance to cover the payment, the Bank or Credit Institution shall deduct the amount from the payer's account and transfer it to the Treasury.

The accounting procedures for payment vouchers submitted to the State Budget shall be carried out according to the procedures for payment through a mandate system, specifically as follows:

2.1- Payment voucher by bank transfer:

In cases where the balance in the payer's account is insufficient to cover multiple payment vouchers, the Bank or Credit Institution shall deduct funds from the payer's budget account in accordance with the order of payment as stipulated in the regulations on payment settlement.

2.2- For tax collection orders and fine collection orders:

The deduction of funds from the payer's deposit account based on tax collection orders and fine collection orders must be strictly in accordance with the provisions of Article 6 of Chapter II of Decree No. 01/CP dated October 18, 1992 of the Government regarding administrative penalties in the field of taxation.

2.3- On the payment vouchers submitted to the State Budget, the Bank or Credit Institution must sign, stamp, and record the date of accounting.

2.4- In cases where the payment vouchers submitted to the State Budget are incorrectly prepared (incorrect entries, missing signatures, stamps...), and the payer's account does not have sufficient balance to cover the State Budget payment, the Bank or Credit Institution may return the vouchers immediately and request the submitter to confirm their signature.

3- At the Treasury:

After receiving three copies of the payment vouchers submitted to the State Budget, the Treasury must process them in accordance with the regulations and immediately record them in the State Budget revenue account: The Treasury retains copy 3, sends copy 4 to the same-level financial authority, and sends copy 5 to the tax authority managing the payer.

VI- TIME FOR VOUCHER TRANSFER

1- At the Bank, Credit Institution:

1.1- In cases where both the payer and the Treasury have accounts at the same Bank or Credit Institution: Immediately upon receipt of the payment vouchers submitted to the State Budget, the Bank or Credit Institution must deduct the amount from the payer's account and transfer it to the Treasury's account.

1.2- In cases where the Bank or Credit Institution manages the payer's account and the Treasury directly participates in the clearing process, the processing time for the vouchers is one day (on the same day the payment vouchers are received).

1.3- In cases where the payer and the Treasury have accounts at different Banks or Credit Institutions: The processing time for the vouchers through the Bank or Credit Institution is three working days - excluding the time for voucher circulation through the Post Office.

2- At the Treasury:

Upon receipt of the debit notification from the Bank or Credit Institution, the Treasury shall collect the State Budget revenues and simultaneously send copy 4 to the same-level financial authority and copy 5 to the tax authority managing the payer. The retention period for the vouchers at the Treasury before transferring them to these two authorities should not exceed one working day.

V- VIOLATION HANDLING

Any entity or individual violating the provisions of this Circular will be subject to penalties under Decree No. 01/CP dated October 18, 1992 of the Government regarding administrative penalties in the field of taxation and Circular No. 11/TC/TCT dated February 24, 1993 guiding the implementation of the aforementioned Decree.

VI- IMPLEMENTATION PROVISIONS

This Circular takes effect from the date of signature.

Based on the contents of this Circular, the Ministry of Finance and the State Bank shall organize guidance and inspection within their respective jurisdictions and functions.

During the implementation, if there are difficulties or obstacles, they should be reported to the Joint Ministries for prompt resolution.