The ministry of finance
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THE MINISTRY OF FINANCE Circular No. 28/2011/TT-BTC of February 28, 2011, guiding a number of articles of the Law on Tax Administration and the Government’s Decree No. 85/2007/ND-CP of May 25, 2007, and Decree No. 106/2010/ND-CP of October 28, 2010 Pursuant to November 29, 2006 Law No. 78/2006/QH11 on Tax Administration; Pursuant to December 16, 2002 Law No. 01/2002/QH11 on the State Budget; Pursuant to laws, ordinances and decrees on taxes, charges, fees and other state budget revenues; Pursuant to the Government’s Decree No. 85/2007/ND-CP of May 25, 2007, detailing a number of articles of the Law on Tax Administration; Pursuant to the Government’s Decree No. 106/2010/ND-CP of October 28, 2010, amending and supplementing a number of articles of the Government’s Decree No. 85/2007/ND-CP of May 25, 2007, detailing a number of articles of the Law on Tax Administration and the Government’s Decree No. 100/2008/ND-CP of September 8, 2008, detailing a number of articles of the Law on Personal Income Tax; Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance, The Ministry of Finance guides the implementation as follows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Circular applies to the administration of various taxes according to the tax law; charges and fees belonging to the state budget according to the law on charges and fees; and other state budget revenues, the collection of which is managed by domestic tax agencies (below collectively referred to as taxes). Article 2. Subjects of application 1. Taxpayers, including:
a/ Organizations, households and individuals paying taxes, charges, fees or other state budget revenues according to law; b/ Organizations tasked to collect charges and fees belonging to the state budget; c/ Organizations providing tax procedure services; d/ Organizations and individuals withholding tax, including: d.1/ Organizations and individuals being Vietnamese parties to contracts with foreign organizations and individuals doing business or earn incomes in Vietnam that pay value-added tax by the direct method and pay enterprise income tax at a percentage of turnover; d.2/ Organizations and individuals withholding tax when paying incomes to persons who have incomes liable to personal income tax; 2. Tax agencies, including the General Department of Taxation, provinciallevel Tax Departments and district-level Tax Departments; 3. Tax officers; 4. Other state agencies, organizations and individuals related to the implementation of tax laws. Article 3. Contents of tax administration guided in this Circular 1. Tax declaration, tax calculation; 2. Tax assessment; 3. Tax payment; 4. Authorized tax collection; 5. Responsibility to fulfill tax obligations; 6. Procedures for tax exemption or reduction; remission of tax and fine arrears; 7. Procedures for tax refund or clearing; 8. Tax examination and inspection; 9. Settlement of complaints, denunciations and legal actions related to the implementation of tax laws. Article 4. Scope and contents of tax administration not covered by this Circular 1. Provisions on the administration of duties on exports and imports; administration of tax on exploitation and export of crude oil.
2. Tax administration contents regarding tax registration, enforcement of tax-related administrative decisions and handling of violations of tax laws. 3. E-transactions in the tax domain. Article 5. Documents for transaction with tax agencies 1. Documents for transaction with tax agencies include documents provided in tax dossiers, official letters, applications, requests and other documents sent to tax agencies by taxpayers, organizations authorized to collect taxes and other organizations and individuals. Taxpayers shall submit 1 copy for each of documents and dossiers which must be submitted to tax agencies under regulations.
foreign-language document, taxpayers shall make written explanation and request for permission to translate only contents and clauses concerning the determination of tax obligations. For a dossier of notification of eligibility for tax exemption or reduction under a double taxation avoidance agreement, depending on the nature of each kind of contract and requirements of tax agencies (if any), taxpayers shall translate the following contents: the title of the contract and its clauses and terms, contract implementation duration or duration of actual presence in Vietnam of foreign contractors’ experts (if any), responsibilities and commitments of each party; provisions on confidentiality and product ownership rights (if any), persons competent to sign the contract, contents related to the determination of tax obligations and similar contents (if any). Taxpayers shall also enclose a copy of the contract, certified by themselves.
6. The time a tax agency receives a replacement or a translation containing all contents related to the determination of tax obligations is considered the time of receipt of a document for transaction.
tax agencies. - Individual taxpayers may authorize other organizations or individuals (except for tax agents who shall comply with Clause 3 of this Article) to carry out transactions with tax agencies on their behalf. In this case, taxpayers are required to make an authorization document under the Civil Code. - An authorization document must specify the duration and scope of authorization and shall be sent to tax agencies together with documents and dossiers for the first transaction in the authorization duration. 3. In case a taxpayer signs a tax procedure service contract with a tax service-providing organization (below referred to as the tax agent), the tax agent’s at-law representative shall sign and append his/her seal on the space for the taxpayer’s at-law representative in documents and dossiers for transaction with tax agencies. Tax returns must be inscribed with the full name and serial number of the practice certificate of the tax agent’s employee. Tax agents shall only sign transaction documents and dossiers within the scope of tax-related procedures assigned to them under the signed tax service contract. Within 5 days prior to the first performance of tax procedures stated in the contract, the taxpayer shall notify in writing tax agencies of the use of tax procedure services and enclose a copy of the contract on the provision of tax procedure services, certified by itself. Rights and responsibilities of tax agents comply with the Ministry of Finance’s guidance on the registration for and management of tax procedure service practice, and the organization of examination to obtain, grant and revocation of tax procedure service practice certificates.
In case tax agencies need to notify taxpayers of matters related to documents or dossiers compiled by tax agents under taxpayers’ authorization, they shall notify such to tax agents for subsequent notification to taxpayers. Article 7. Receipt of tax dossiers sent to tax agencies 1. If dossiers are submitted directly at tax agencies, tax officers shall receive and affix receipt marks and record the time of dossier receipt and the number of documents in dossiers and record them in incoming-mail books of tax agencies. 2. If dossiers are sent by post, tax officers shall affix marks showing the date of dossier receipt and record them in incoming-mail books of tax agencies. 3. If tax declaration dossiers are submitted electronically, tax agencies shall receive, check and accept tax declaration dossiers through the electronic data processing system. 4. When supplementation of dossiers is required, tax agencies shall notify such to taxpayers or tax agents (if any) right on the date of dossier receipt, in case dossiers are directly submitted to tax agencies, or within 3 working days after receiving dossiers, in case dossiers are sent by post or electronically. Article 8. Method of counting time limits for completing tax-related administrative procedures 1. If a time limit is counted in days, those days are counted consecutively according to the calendar year, including weekends and holidays. 2. If a time limit is counted in working days, those days are working days of state administrative agencies, excluding weekends and holidays prescribed by law. 3. If a time limit is counted to a given day, the first day of expiration is the day following the given day. 4. If the last day of a time limit for completing administrative procedures falls on a weekend or holiday, it is the day following that holiday. 5. The date on which a tax dossier is regarded as having been submitted for counting a time limit for performing tax-related administrative jobs is the date a tax agency receives a valid dossier with all papers and documents as required. Chapter II TAX DECLARATION AND CALCULATION
Article 9. General provisions on tax declaration and calculation 1. Principles for tax calculation and declaration a/ Taxpayers shall calculate tax amounts payable into the state budget by themselves, except the case in which tax agencies assess or calculate tax under Articles 37 and 38 of the Law on Tax Administration. b/ Taxpayers shall accurately, honestly and fully fill in tax returns to be submitted to tax agencies according to forms set by the Ministry of Finance and submit all documents required for tax declaration dossiers. c/ For taxes to be declared on a monthly, quarterly or yearly basis, if no tax obligation arises in a tax period or taxpayers are currently eligible for tax incentives, exemption or reduction, taxpayers shall still submit tax declaration dossiers to tax agencies within the set time limit, except for cases in which activities that give rise to the tax obligation have terminated and cases in which business operations are suspended under Point e, Clause 1 of this Article. d/ For taxes to be declared on a monthly or quarterly basis, the first tax period is counted from the date of commencement of activities that give rise to the tax obligation to the last day of the month or quarter, and the last tax period is counted from the first day of a month or quarter to the date of termination of activities that give rise to the tax obligation. The annual tax period for enterprise income tax or royalty is counted according to the calendar year or the fiscal year applied by taxpayers. The annual tax period for other taxes is the calendar year. e/ Taxpayers are not required to submit tax declaration dossiers for the period in which business operations are suspended and no tax obligation arises. Within 5 days before suspending their business operations, taxpayers shall send a written notice to their managing tax agencies. Such a notice must contain the following details: - The taxpayer’s name, office address and tax identification number; - The duration of business suspension, the first day and last day of the suspension period; - Reasons for business suspension; - The full name and signature of the enterprise’s at-law representative, representative of the group of business individuals or head of the business household. Upon expiration of the business suspension period, the taxpayer shall declare tax according to regulations. In case a taxpayer resumes its
business operations before the expiration of the notified business suspension period, it shall send a written notice thereon to its managing tax agency and, at the same time, submit a tax declaration dossier under regulations. 2. Tax declaration dossiers: A tax declaration dossier comprises a tax return and relevant documents serving as grounds for the taxpayer to declare and calculate tax with a tax agency. Taxpayers shall use the proper form of tax return and attached annexes set by the Ministry of Finance and may not change the format or add, put out or change the position of, any item in the tax return. Those kinds of paper in the tax dossier, of which forms are not set by the Ministry of Finance, must comply with relevant laws. 3. Deadlines for submission of tax declaration dossiers a/ The deadline for submission of a monthly tax declaration dossier is the 20th of the month following the month in which the tax obligation arises. b/ The deadline for submission of a quarterly tax declaration dossier is the 30th of the quarter following the quarter in which the tax obligation arises. c/ The deadline for submission of an annual tax declaration dossier is the 30th of the first month of the calendar year or fiscal year. d/ The time limit for submission of a tax declaration dossier for each time of arising of a tax obligation is 10 days from the date the tax obligation arises.
transformation or reorganization is 45 days from the date of termination, expiration, transformation or reorganization. g/ The time limit for submission of dossiers for declaration of taxes or other levies on land use under the one-stop-shop mechanism is the time limit set in inter-disciplinary documents guiding this one-stop-shop mechanism. 4. Extension of time limits for submission of tax declaration dossiers: a/ Taxpayers who are unable to submit their tax declaration dossiers on time due to natural disasters, fires or accidents may enjoy an extension of
the time limit for submission of tax declaration dossiers given by heads of tax agencies directly managing them. b/ An extension must not exceed 30 days from the original deadline for submission of tax declaration dossiers, for the submission of dossiers for monthly or annual tax declaration, quarterly declaration of temporarily calculated tax or tax declaration for each time of arising of a tax obligation; or 60 days from the original deadline for submission of tax finalization declaration dossiers. c/ Before the expiration of a time limit for submission of tax declaration dossiers, taxpayers shall send written requests for extension of the time limit to tax agencies that have received tax declaration dossiers, clearly stating the reason for extension, which are certified by People’s Committees or police offices of communes, wards or townships in which the events that necessitate the extension occur. d/ Within 5 working days after receiving written requests for extension of the time limit for submission of tax declaration dossiers, tax agencies shall reply in writing taxpayers whether they approve the extension. If tax agencies make no written reply, taxpayers’ requests are considered approved. 5. Making additional declarations to tax declaration dossiers: a/ Past the time limit for submission of tax declaration dossiers, if taxpayers detect errors in tax declaration dossiers already submitted to tax agencies which affect the payable tax amount, they may make additional declarations to these tax declaration dossiers. Additional tax declaration dossiers may be submitted to tax agencies on any working day, not depending on the time limit for submission of subsequent tax declaration dossiers, but must be submitted before tax agencies or competent agencies announce decisions on tax examination or inspection at taxpayers’ offices. b/ Forms of additional declaration dossiers: - A written explanation of additional declarations or modifications, made according to form No. 01/KHBS provided in this Circular; - A supplemented or modified tax return for the tax period for which supplementations or modifications must be made (this tax return shall serve as a basis for making the written explanation of additional declarations or modifications according to form No. 01/KHBS); - Enclosed documents explaining figures in the written explanation of additional declarations or modifications, corresponding to documents in a tax dossier guided in specific sections of this Circular.
c/ If additional declarations to tax declaration dossiers lead to an increase in the payable tax amount or a decrease in the refunded tax amount, taxpayers shall, based on the dossiers of additional declarations or modifications, pay the increased tax amount or repay the refunded tax amount and, at the same time, determine by themselves the fine amount for late tax payment based on the lately paid tax amount or the refunded tax amount, the number of days of late payment and fine level specified in Article 106 of the Law on Tax Administration and Article 12 of Decree No. 98/2007/ND-CP.
an increase of VND 100 million in the payable EIT amount. In this case, Company B shall pay the tax amount of VND 100 million and, at the same time, determine by itself the fine amount for late payment based on the lately paid tax amount, the number of days of late payment and the prescribed fine level and pay this fine amount into the state budget. The dossier to be submitted by Company B to the tax agency comprises: - A written explanation of additional declarations or modifications, made according to form No. 01/KHBS provided in this Circular, leading to an increase of VND 100 million in the payable EIT amount of 2010;
- The EIT finalization return of 2010, in which the payable EIT amount has been increased by VND 100 million; - Enclosed documents explaining figures in the written explanation of additional declarations or modifications (if any). d/ If taxpayers’ additional declarations or modifications to tax declaration dossiers lead to a decrease in their payable tax amount in the tax period for which additional declarations or modifications are made, taxpayers may clear the decreased tax amount against the payable tax amount of the subsequent tax period or carry out procedures for tax refund. Example 1: In August 2011, Company C makes additional declarations or modifications to the VAT declaration dossier of January 2011, leading to a decrease of VND 100 million to the payable VAT amount. In this case, Company C shall declare the decreased VAT amount of VND 100 million of January 2011 in the item - Decrease in payable VAT amounts of previous periods - of the VAT return of August 2011 (the month in which additional declarations or modifications are made) or compile a dossier for refund of the overpaid VAT amount. The dossier to be submitted by Company C to the tax agency comprises: - A written explanation of additional declarations or modifications, made according to form No. 01/KHBS provided in this Circular, leading to a decrease of VND 100 million in the payable VAT amount of January 2011; - The VAT return of January 2011, in which the payable VAT amount has been decreased by VND 100 million; - Enclosed documents explaining figures in the written explanation of additional declarations or modifications (if any). Каталог: media media -> KẾ hoạch xây dựng tcvn năM 2015 media -> ĐỀ CƯƠng ôn thi tốt nghiệp thpt quốc gia môn tiếng anh media -> Mẫu số 05. Quyết định cho phép chuyển mục đích sử dụng đất media -> CHÍnh phủ CỘng hòa xã HỘi chủ nghĩa việt nam độc lập – Tự do – Hạnh phúc media -> Sau khi Đảng Cộng sản Việt Nam ra đời (3/2/1930), Đảng đã thấy rõ tầm quan trọng của việc xây dựng tổ chức Đoàn media -> THÔng tin pháp luật số 03 media -> Căn cứ Luật Tổ chức Chính phủ ngày 25 tháng 12 năm 2001 media -> Trêng tiÓu häc minh TÂN media -> BỘ TÀi nguyên và MÔi trưỜNG tải về 0.83 Mb. Chia sẻ với bạn bè của bạn:
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