Circular No. 84-TC/KBNN regarding the collection and deposit of state budget revenues by state-owned enterprises through the State Treasury system

LETTER

OF THE MINISTRY OF FINANCE NO. 84 TC/KBNN ON JUNE 11, 1990
REGARDING THE COLLECTION AND PAYMENT INTO THE STATE BUDGET OF STATE OWNED ENTERPRISES THROUGH THE SYSTEM
STATE TREASURY

RESPECTED: Departments of finance, state-owned enterprise tax collection bureaus

State Treasury Bureaus under the provinces, cities,

centrally-administered special economic zones

Implementing Decision No. 07/HĐBT dated January 1, 1990 of the Council of Ministers on the establishment of the State Treasury System under the Ministry of Finance and Decision No. 71-TC/QĐ/TCCB dated February 28, 1990 of the Ministry of Finance temporarily defining the functions, tasks, and organizational structure of the State Treasury System;

To ensure the full and timely concentration of all sources of revenue; to further strengthen management, inspection, and urging the fulfillment of obligations to the state budget by state-owned enterprises;

After reaching a consensus with the State-Owned Enterprise Tax Collection Bureau, the State Treasury Bureau guides the implementation of the collection and payment of the State Budget for state-owned enterprises through the State Treasury System as follows:

I. RESPONSIBILITY FOR URGING AND ORGANIZING COLLECTION.

1. Tax collection agencies.

- Quarterly and annually, the State-Owned Enterprise Tax Collection Agency shall be responsible for establishing and notifying the plan for collecting from state-owned enterprises to localities while sending it to the State Treasury units; specifically as follows:

+ The State-Owned Enterprise Tax Collection Bureau shall send to the State Treasury Bureau the plan for collecting from state-owned enterprises nationwide, categorized by ministry, sector, and province/city regarding types of revenue: state-owned revenue, profit revenue, basic depreciation, price difference, other types of revenue and taxes, specifying each key enterprise and sector at each locality.

+ The State-Owned Enterprise Tax Collection Branches, district/state-owned enterprise tax collection organizations shall send to the State Treasury Branches, branch treasuries the plan for collecting from state-owned enterprises within their jurisdiction, including central state-owned enterprises, provincial, district, and county state-owned enterprises (detailed by sector and key enterprises).

- Monthly, the State-Owned Enterprise Tax Collection Agency shall conduct reconciliation and promptly notify the State Treasury units about the implementation of the state-owned enterprise revenue collection plan, the situation of arrears, and adjustments to the collection plan (if any); temporary suspension of collection or extraordinary collections arising during the period such as fines, orders to collect...

- The State-Owned Enterprise Tax Collection Agency shall urge and inspect the process of state budget payments by state-owned enterprises, ensuring full and timely payments into the state budget. Directly handle cases violating the collection and payment regulations, and if necessary, inform the State Treasury units to coordinate in handling.

- The State-Owned Enterprise Tax Collection Agency shall guide and urge units with foreign investment, joint ventures, joint operations, or those making payments in foreign currency to fulfill their obligations to pay into the State Treasury; cooperate with the State Treasury to monitor and inspect the implementation process.

2. State Treasury units.

- Based on the notified state-owned enterprise revenue collection plan, State Treasury units must coordinate with the State-Owned Enterprise Tax Collection Organization and local banks to establish payment schedules, organize the circulation of documents, and facilitate methods to quickly, fully, and timely concentrate state-owned enterprise revenues into the State Budget according to the announced plan.

- Organize direct collection into the State Treasury of state-owned enterprise revenues paid in cash (including foreign currency) pursuant to Circular No. 643/TC-KBNN dated May 4, 1990 of the Ministry of Finance to proactively ensure cash availability for the operation of the State Treasury System. State Treasury units shall coordinate with State-Owned Enterprise Tax Collection Agencies to agree with units and enterprises on the ratio or level of cash payments. For enterprises with cash revenue that have the ability to make partial payments of state budget revenues in cash.

- Closely coordinate with banks to reasonably define the circulation of documents to quickly concentrate state budget revenues transferred via bank accounts into the State Treasury, ensuring that within 24 hours after units complete the account deduction procedures through the bank, the amount is credited to the State Treasury's account at the bank. If the bank delays implementing the collection or fine orders of the State-Owned Enterprise Tax Collection Agency, penalties will be imposed according to Circular No. 17/TC-TQĐ dated March 17, 1990 of the Ministry of Finance.

- For state-owned enterprises and units, joint ventures, joint operations, or foreign-invested enterprises with income in foreign currency and fulfilling obligations to the state budget in foreign currency (cash or transfer), similar procedures for payment shall apply as for units and enterprises paying in Vietnamese dong. State Treasury units are responsible for informing and announcing their foreign currency deposit account numbers at the Foreign Trade Bank (or other banks authorized by the State Bank) for units and enterprises to facilitate transactions.

- Coordinate with State-Owned Enterprise Tax Collection Agencies to notify state-owned enterprises of the account numbers of the State Treasury opened at the bank to facilitate transactions and quick payment into the state budget.

- In case of discovering violations of collection and payment discipline by units, the State Treasury unit must promptly inform the State-Owned Enterprise Tax Collection Agency to inspect and handle.

II. ESTABLISHMENT AND CIRCULATION OF DOCUMENTS.

1. Documents.

- Units and state-owned enterprises shall pay revenues into the state budget according to the current regulations, continuing to use the types of documents currently in use issued by the State-Owned Enterprise Tax Collection Agency and the State Treasury according to a unified model.

- For units, joint ventures, joint operations, or foreign-invested enterprises with income in foreign currency, when fulfilling obligations to pay into the state budget, they shall use the types of documents issued by the State-Owned Enterprise Tax Collection Agency and the Tax Department to pay land tax, water surface tax, sea surface tax, business income tax, special consumption tax, and profit tax.

2. Circulation of documents.

- Payment in cash: When state-owned enterprises pay in cash (Vietnamese dong or foreign currency) directly to the State Treasury, the enterprise shall issue a cash payment receipt according to the prescribed form consisting of five copies indicating clearly the chapter, type, clause, limit, item, and amount paid. After counting and confirming that the amount of cash received matches the documentation and list, the State Treasury units shall be responsible for signing and stamping their confirmation on the documentation, returning one copy to the enterprise, retaining one copy, and circulating the remaining three copies as follows:

- For the State Treasury Branch (if conducting transactions):

+ One copy sent to the general accounting department of the State Treasury Branch.

+ One copy sent to the State Enterprise Revenue Collection Branch (or Department of Finance).

+ One copy sent to the district, county, or city finance office.

- For the State Treasury Branch Office: water:

+ One copy sent to the State Treasury Branch.

+ One copy sent to the State Enterprise Revenue Collection Branch (or Department of Finance).

+ One copy sent to the district, county, or city finance office.

- Payment by bank transfer:

State-owned enterprises pay the state budget by bank transfer (including foreign currency) including collection orders and fines to the State Treasury must prepare six copies of the documentation accompanied by a bank transfer check or mandate sent to the bank where the enterprise has an account. After receiving the documentation from the bank (excluding two copies retained by the bank and the paying unit), the State Treasury unit shall circulate the documentation as follows: + One copy: Retained by the State Treasury Branch (or the revenue accounting department of the State Treasury Branch in case of collection at the branch).

+ One copy: Sent to the State Enterprise Revenue Collection Branch (or Department of Finance).

+ One copy: Sent to the district, county, or city finance office. + One copy: Sent to the State Treasury Branch (or the general accounting department of the State Treasury Branch in case of collection at the branch).

At the end of each month, State Treasury units must reconcile the revenue payments of state-owned enterprises with the State Revenue Collection agencies regarding cash payments and bank transfers. If discrepancies occur, timely measures must be taken to resolve them without carrying over to the next month.

Monthly, quarterly, and annually, State Revenue Collection agencies coordinate with State Treasury units to conduct inspections and reconciliations of revenue data from state-owned enterprises and report the results to their immediate superiors.

- The State Revenue Collection agency (Branch, District, County, City Finance Office) receives revenue documentation from state-owned enterprises transferred by State Treasury agencies, organizes circulation, usage, and proper storage according to regulations. They update accounting records of revenue from state-owned enterprises (including joint ventures, associated enterprises, and foreign invested enterprises) paid into the state budget within their jurisdiction. Specifically:

III. REPORTING REGIME

- + The District, County, or City Finance Office performs detailed accounting of revenue down to each revenue item of each state-owned enterprise within their district or county.

+ The State Enterprise Revenue Collection Branch performs detailed accounting of revenue down to each revenue item of each enterprise for central and provincial state-owned enterprises.

- At the end of each month, consolidate accounting of revenue from state-owned enterprises (including joint ventures, associated enterprises, and foreign investments) paid into the state budget within their province or county for the month and cumulative from the beginning of the year to the end of that month, reconcile and adjust monthly revenue figures with the State Treasury agency providing them (District Finance Offices reconcile with State Treasury Branches, State Enterprise Revenue Collection Branches reconcile with State Treasury Branches), prepare an accounting report of revenue from state-owned enterprises (including joint ventures, associated enterprises, and foreign investments) according to the chapters, types, clauses, limits, and items specified in Circular No. 300/TC-NSNN dated October 3, 1997 of the Ministry of Finance.

- Accounting reports of revenue from state-owned enterprises paid into the state budget within the state revenue collection system continue to be implemented according to the reporting system for state-owned enterprises No. 300/TC-TQD dated December 20, 1986 of the Ministry of Finance.

- Monthly accounting reports of revenue from state-owned enterprises paid into the state budget, before being submitted to higher authorities through their respective systems, must have the signature and seal of the head of the agency: State Treasury (for reports from state revenue collection agencies) and of the revenue collection agencies (for State Treasury reports) at the same level.

State Enterprise Revenue Collection Branches and State Treasury Branches are responsible for disseminating and guiding subordinate units, sectors, state-owned enterprises, and other economic entities to properly implement the provisions of this document.

During implementation, if there are difficulties or obstacles, they should promptly reflect these issues to the Ministry of Finance (State Treasury Bureau) for research and necessary supplementary guidance or amendments.

IV. IMPLEMENTATION PROVISIONS

The State-owned Tax Collection Bureaus, National Treasury have the responsibility to disseminate and guide subordinate units, sectors, state-owned enterprises, and other economic entities to properly implement the provisions in this consolidated document.

During the implementation process, if there are any difficulties or obstacles, it is recommended to promptly reflect them to the Ministry of Finance (National Treasury Department) for study and necessary supplementary guidance or amendments.