Circular No. 9031/TC-QLCS regarding guidance on the management and issuance of invoices for the sale of liquidation assets

LETTER

OF THE MINISTRY OF FINANCE NUMBER 9031/TC-QLCS DATE SEPTEMBER 24, 2001
GUIDING THE MANAGEMENT AND ISSUANCE OF INVOICES FOR THE SALE OF LIQUIDATED ASSETS
SALE OF DISPOSAL ASSETS

Respectfully submitted to: PROVINCE AND CITY DEPARTMENTS OF FINANCE AND PRICES UNDER THE CENTRAL GOVERNMENT

BASED ON DECISION NO. 544 TC/QĐ-CĐKT OF AUGUST 2, 1997 BY THE MINISTER OF FINANCE REGARDING THE UNIFIED ISSUE AND MANAGEMENT OF VARIOUS TYPES OF STATE BUDGET RECEIPT AND PAYMENT FORMS AND DECISION NO. 55/2000/QĐ-BTC OF APRIL 19, 2000 BY THE MINISTER OF FINANCE REGARDING THE MANAGEMENT AND HANDLING OF STATE ASSETS AT ADMINISTRATIVE AND PUBLIC SERVICE ORGANIZATIONS; TO IMPLEMENT CLAUSE 3 OF ARTICLE 19 OF THE REGULATION, THE MINISTRY OF FINANCE GUIDES THE MANAGEMENT AND ISSUANCE OF INVOICES FOR THE SALE OF LIQUIDATED ASSETS AT ADMINISTRATIVE AND PUBLIC SERVICE ORGANIZATIONS AS FOLLOWS:

1. OBJECTS USING INVOICES FOR THE SALE OF LIQUIDATED ASSETS:

The objects entitled to use invoices for the sale of liquidated assets are state management agencies, public service units, political organizations, political-social organizations, social organizations, and social-professional organizations (collectively referred to as administrative and public service organizations) directly selling liquidated assets, unused assets, and assets that are no longer usable (collectively referred to as liquidated assets) to buyers.

2. INVOICE FORMS:

- The invoice form for the sale of liquidated assets is printed and issued by the Ministry of Finance (State Asset Management Department).

- The invoice for the sale of liquidated assets is issued according to form HĐ/TSTL-3L promulgated by Decision No. 55/2000/QĐ-BTC of April 19, 2000 by the Minister of Finance (Annex No. 7).

3. PROCEDURE FOR ISSUING INVOICES FOR THE SALE OF LIQUIDATED ASSETS:

- The Ministry of Finance (State Asset Management Department) provides invoices for the sale of liquidated assets to provincial and city departments of finance and prices under the central government.

- Provincial and city departments of finance and prices provide invoices for the sale of liquidated assets to district, county, town, and city financial offices within provinces (collectively referred to as district financial offices).

- District financial offices provide invoices for the sale of liquidated assets (without charge) to agencies and units using invoices within their districts when these agencies sell liquidated assets and submit a request for invoices. The district financial office assigns staff to bring the invoice book for the sale of liquidated assets to the agency selling liquidated assets so that the agency can issue the invoice: Copy 1: retained by the district financial office staff; Copy 2: given to the buyer of the liquidated asset; Copy 3: serves as accounting documentation at the selling agency.

The invoice is issued when the buyer has fully paid the seller (with a receipt for payment of the sale of liquidated assets) and the selling agency stamps "payment received" on the invoice.

District financial offices use state budget funds (outside regular funding) to purchase invoices for the sale of liquidated assets.

4. PROCEDURES FOR ISSUING INVOICES FOR THE SALE OF LIQUIDATED ASSETS

- When collecting invoices for the sale of liquidated assets from the finance department, the collector must present the following documents:

+ An introduction letter from the head of the agency or unit requesting the provision of invoices;

+ A national identity card or other photo identification;

- For agencies and units directly using invoices when requesting district financial offices to provide invoices for the sale of liquidated assets, they must submit a request for invoices according to form number 06/CVĐN-TSTL attached to this circular.

5. MANAGEMENT AND USE OF INVOICES FOR THE SALE OF LIQUIDATED ASSETS;

- The finance department must establish a record of invoice issuance for the sale of liquidated assets when providing invoices to lower-level finance departments according to form number 03/TD-TSTL attached to this circular.

- The finance department must strictly manage the number of invoices received and used; prevent loss or damage. Present current invoices or stored invoices for inspection by the finance department and competent state authorities when necessary. If the finance department or competent state authority needs to seize invoices for inspection purposes, a record must be made.

- Implement the retention of original invoices: The entire book of original invoices for the sale of liquidated assets, including the retained copy (Copy 1) and the pages with incorrect entries crossed out (all three copies), are kept by the district financial office according to current regulations on the preservation of accounting records.

- When the finance department loses an invoice during direct management, a lost invoice report must be prepared and reported to the police, market management, tax authorities at the same level, and higher-level finance departments according to form number 03/BC/TSTT-LT attached to this circular.

The provincial finance and price department prepares a notice of lost invoices according to form number 04/TB/TSTL and sends it to the State Asset Management Department, the provincial finance and price department, and local tax bureaus to inform about lost invoices that are no longer valid and to coordinate inspections and controls to prevent illegal use of lost invoices.

6. REPORTING SYSTEM ON THE USE OF INVOICES FOR THE SALE OF LIQUIDATED ASSETS:

- District financial offices report annually (before January 15 each year) to the provincial finance and price department according to form 01/BC/TSTL attached to this circular.

…… The Ministry of Finance (State Asset Management Department) reports annually (before January 30 each year) according to form 02/BC/TSTL attached to this circular.

7. Implementation organization:

- The Ministry of Finance (State Asset Management Department): Regularly or randomly checks the management and use of invoices for the sale of liquidated assets nationwide.

- Provincial finance and price departments regularly or randomly check the management and use of invoices within their jurisdictions. The Director of the provincial finance and price department decides to suspend the use of invoices for the sale of liquidated assets by agencies violating invoice management regulations within their jurisdiction and reports to the Ministry of Finance (State Asset Management Department).

- Organizations and individuals violating the management and issuance of invoices for the sale of liquidated assets: Depending on the nature and severity of the violation, they will be subject to administrative penalties or may face criminal liability according to current state regulations on invoice management and use.

This Circular replaces Circular No. 314 TC/QLCS dated November 15, 2000 of the Ministry of Finance on temporary guidance for managing and using Invoices for Sale of Liquidation Assets. It is requested that local Departments of Finance and Prices, and financial agencies at the district level require agencies and units directly using Invoices for Sale of Liquidation Assets to prepare final reports on the use of Invoices up to September 30, 2001. Financial agencies have the responsibility to inspect and recover all used and remaining Invoices at the units to implement management and issuance according to the provisions of this Circular.

During implementation, if there are any difficulties, it is requested that agencies and units managing and using Invoices for Sale of Liquidation Assets report to the Ministry of Finance (State Asset Management Department) for timely resolution.

Form number 06/CVĐN/TSLT

Respectfully submitted to: District Finance Office...

Implementing Decision No.... (Circular No....) of... concerning the agreement to liquidate assets.

- Agency:

- Address:... Phone number:...

Organization selling the following liquidation assets:

(In case of many assets, a detailed list should be attached with this Circular.)

We respectfully request the District Finance Office (county, town, city under province)...to issue Invoices for Sale of Liquidation Assets amounting to...sheets (written in words... sheets).

We hereby commit to issuing Invoices in accordance with regulations.

Signature, stamp

Place of Receipt:

As above.

- To be filed

Form number 05/TB/TSTL

NOTICE OF LOST INVOICES FOR SALE OF LIQUIDATION ASSETS

According to the report on lost Invoices for Sale of Liquidation Assets, the number of lost Invoices for Sale of Liquidation Assets is as follows:

Now we notify all agencies and units that the above Invoices are not valid for use. During inspection and control, if these Invoices are found in circulation, please collect them immediately and report to the competent authority for handling in accordance with the law.

Head of the Finance Department

(Signature, full name, stamp)

Place of Receipt:

- Ministry of Finance (State Asset Management Department, General Department of Taxation)

- Department of Finance - Price Control, Tax Departments of provinces, cities...

.........

- To be filed

Form number 04/BC/TSTT-TL

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

… day … month … year …

REPORT ON LOST INVOICES FOR SALE OF LIQUIDATION ASSETS

Respectfully submitted to: (Address as noted below).

Name of agency: ...

Address: ...Phone number: ...

At... hours... day... month... year, the agency lost the following Invoices for Sale of Liquidation Assets:

Reason for loss: ...

We now report that the above Invoices are no longer valid for use and request relevant agencies to cooperate in checking to prevent misuse of the lost Invoices.

Head of agency or unit

(signature, stamp)

Note:

- Addressed to: Higher-level Finance Department and relevant Public Security, Market Management, and Tax authorities at the same level.

Form number 03/TD/TSTL

REGISTER OF SALES OF INVOICES FOR LIQUIDATION ASSETS

Name of purchasing agency or unit: ...

Address: ...Phone number ...

Account number: ...at State Treasury...

Form: 01/BC/TSTL

REPORT ON THE SITUATION OF USE OF INVOICES FOR SALE OF LIQUIDATION ASSETS

Finance Office: ...……………………

Address: ...Phone number ...

Report on the situation of use of Invoices for Sale of Liquidation Assets in year...as follows:

Chief accountant

Department of Finance - Price Control: ...

REPORT ON THE SITUATION OF USE OF INVOICES FOR SALE OF LIQUIDATION ASSETS

Quantity carried forward at the beginning of the period (sheets)

Address: ...Phone number ...

Report on the situation of use of Invoices for Sale of Liquidation Assets in year...as follows:

FORM 01/BC-TSTL

This report form is prepared by the District Finance Office to report on the situation of use of Invoices for Sale of Liquidation Assets in its jurisdiction.

+ Column 1: Reflects the quantity of sheets of Invoices carried forward at the beginning of the period at the District Finance Office. Taken from column 7 of the previous period's report.

+ Column 2: Reflects the quantity of sheets of Invoices received by the District Finance Office from the Department of Finance - Price Control during the period.

+ Column 3: Reflects the actual quantity of Invoices used during the period.

+ Columns 4 and 5: Reflect the quantity of sheets of Invoices damaged, lost, or missing during the period.

+ Column 6: Reflects the total amount collected from the sale of liquidation assets recorded on the actually used Invoices.

+ Column 7: Reflects the quantity of sheets of Invoices remaining at the end of the period at the District Finance Office. Column 1 + 2

Issuing Invoices for Sale of Liquidation Assets - 3 - 4 - 5.

- The Invoice for Sale of Liquidation Assets, form number HĐ/TSTL-3L, is issued in three copies: Copy 1 retained as the stub of the Invoice, copy 2 given to the buyer of the asset, and copy 3 used as accounting vouchers by the unit disposing of the asset.

- When issuing the Invoice, the name, address, phone number, and account of the selling agency or unit and the organization or individual buying the liquidation asset must be clearly stated; payment methods include check and cash.

- The Invoice must reflect all contents and items specified on the Invoice:

+ Column A -

TT: Indicates the sequence number of each type of liquidation asset. Number + Column B - Name of liquidation asset: Indicates the name of each type of liquidation asset.

+ Column C - Unit of measurement: Indicates the unit of measurement as prescribed by the State.

+ Column 1 - Quantity: Indicates the quantity according to the unit of measurement for each type of asset.

+ Column 2 - Unit price: Indicates the selling price of each type of asset in Vietnamese Dong.

In case of selling a lot through auction with a higher actual selling price than the starting price, handle as follows: Fully record all items with their unit prices and amounts according to the initial valuation statement, then at the bottom of the Invoice, add a line indicating the difference between the actual selling price and the starting price.

+ Column 3 - Total amount: Equal to column (1) multiplied by column (2).

- After filling in all details, cross out blank spaces from right to left.

FORM 02 BC/TSTL

Prepared by the Department of Finance - Price Control to report to the Ministry of Finance (State Asset Management Department) on the situation of use of Invoices for Sale of Liquidation Assets in its jurisdiction.

+ Column 1: Reflects the quantity of sheets of Invoices carried forward at the beginning of the period at the Department of Finance - Price Control. Taken from column 8 of the previous period's report.

+ Column 2: Reflects the quantity of sheets of Invoices received during the period from the Ministry of Finance.

+ Column 3: Reflects the quantity of sheets of Invoices issued during the period to District Finance Offices.

+ Column 3: Reflects the quantity of sales invoices issued during the period for the County Finance Departments.

+ Column 4: Reflects the number of actual invoices used during the period. Taken from Column 3 of the 04/BC/TSTL report form.

+ Column 5: Reflects the total amount of revenue from the sale of liquidated assets recorded on the actual invoices used. Taken from Column 6 of the 04/BC/TSTL report form.

+ Columns 6 and 7: Reflect the number of invoices damaged, lost, or destroyed during the period, compiled from Columns 4 and 5 of the 04/BC-TSTL form.

+ Column 8: Reflects the number of invoices remaining at the end of the period at the Department of Finance - Price Control: Column 1 + 2 - 3.

+ Column 9: Reflects the number of invoices remaining at the end of the period in the districts, compiled from Column 7 of the 04/BC/TSTL forms.

+ Column 10: Reflects the total number of invoices remaining at the end of the period at the provincial level: Column 8 + 9.