Are tax authorities in Vietnam required to carry out bookkeeping of taxes on other amounts payable to the state budget?
Are tax authorities in Vietnam required to carry out bookkeeping of taxes on other amounts payable to the state budget?
Pursuant to the provisions of Article 13 of the Law on Tax Administration 2019, it is stipulated as follows:
Accounting and statistics on taxes
1. Tax authorities shall carry out bookkeeping of taxes, late payment money, fines, and other amounts payable to the state budget that tax authorities must collect, have collected, have exempted, have reduced, have written off debts, do not collect taxes, refund according to the provisions of law on accounting and the provisions of law on state budget.
2. Tax authorities shall perform statistics on the amount of tax incentives, exemptions, reductions and other statistical information regarding taxes, taxpayers as provided by law on statistics and law on taxes.
3. Annually, tax authorities shall submit reports on accounting and statistics concerning taxes to competent authorities and shall publicize such information as prescribed by law.
Thus, in light of the above provisions, the tax authorities must perform accounting policies, i.e., must carry out bookkeeping of taxes on other amounts payable to the state budget that tax authorities must collect, have collected, have exempted, have reduced, have written off debts, do not collect taxes, refund according to the provisions of law on accounting and law on state budget.
Are tax authorities in Vietnam required to carry out bookkeeping of taxes on other amounts payable to the state budget? (Image from Internet)
Do tax authorities in Vietnam manage the collection of fees for the licensing of water resource exploitation?
Based on Clause 2 Article 3 of the Law on Tax Administration 2019, stipulating other amounts payable to the state budget managed by tax authorities as follows:
Interpretation of terms
In this Law, the following terms are understood as follows:
1. Tax is a compulsory state budget contribution by organizations, households, business households, individuals as stipulated by the tax laws.
2. other amounts payable to the state budget managed by tax authorities include:
a) Fees and charges as stipulated by the Law on Fees and Charges;
b) Land use fees payable to the state budget;
c) Land rent, water surface rent;
d) Fees for the licensing of mineral resource exploitation;
dd) Fees for the licensing of water resource exploitation;
e) Payments to the state budget from the sale of assets on land, transfer of land use rights in accordance with the Law on Management and Use of Public Assets;
g) Revenues from administrative violation fines as stipulated by the law on the handling of administrative violations related to taxes and customs;
h) Late payment money and other revenues as stipulated by law.
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Therefore, based on the above provisions, among other amounts payable to the state budget managed by tax authorities, there is the fee for the licensing of water resource exploitation.
What are duties and powers of tax authorities in tax administration in Vietnam?
Accordingly, the 11 duties of tax authorities are specifically stipulated in Article 18 of the Law on Tax Administration 2019 as follows:
Duty 1. Organize and perform tax collection management and other amounts payable to the state budget according to the provisions of the tax law and other relevant legal provisions.
Duty 2. Propagate, disseminate, and guide the law on taxes; publicize tax procedures at the office, on the tax administration authority's website, and through mass media.
Duty 3. Explain and provide information related to determining tax obligations for taxpayers; the tax authority is responsible for publicizing the payable tax amount of business households, individual businesses at the commune (xa), ward (phuong), commune-level town.
Duty 4. Keep taxpayer information confidential, except for information provided to competent authorities or information publicized as prescribed by law.
Duty 5. Implement tax exemptions; tax reductions; write-off tax debts, late payment interest, fines; exempt late payment interest, fines; not calculate late payment interest; extend tax payment; pay tax debts in installments; freeze tax debts, not collect taxes; handle overpaid taxes, late payment interest, fines; and return taxes according to the provisions of this Law and other related legal provisions.
Duty 6. Confirm the fulfillment of tax obligations of taxpayers upon request as prescribed by law.
Duty 7. Resolve complaints and denunciations related to the implementation of tax laws within their authority.
Duty 8. Deliver documents, conclusions, and decisions on tax handling after tax inspections and audits to taxpayers and explain upon request.
Duty 9. Compensate for damage to taxpayers as prescribed by the law on state liability compensation.
Duty 10. Assess to determine the payable tax amount of taxpayers per the request of competent state agencies.
Duty 11. Build and organize information systems and apply information technology to conduct electronic transactions in tax administration.
In addition, the 19 powers of tax authorities are stipulated in Article 19 of the Law on Tax Administration 2019 as follows:
Power [1] Request taxpayers to provide information and materials related to the determination of tax obligations, including information on investment value; account numbers, transaction contents of accounts opened at commercial banks, other credit institutions, and explain tax calculation, tax declaration, tax payment.
Power [2] Request organizations and individuals involved to provide information and materials related to the determination of tax obligations and cooperate with tax authorities to implement tax laws.
Power [3] Inspect and audit taxes as prescribed by law.
Power [4] Impose taxes.
Power [5] Enforce administrative decisions on tax administration.
Power [6] Handle administrative violations in tax administration according to authority; publicize on mass media cases of tax law violations.
Power [7] Apply preventive measures and ensure the handling of administrative violations in tax administration according to the law.
Power [8] Commission agencies, organizations, individuals to collect some types of taxes as stipulated by the Government of Vietnam.
Power [9] Tax authorities apply the advance pricing agreement mechanism with taxpayers and foreign tax authorities, jurisdictions with which Vietnam has signed an agreement to avoid double taxation and prevent tax evasion for income taxes.
Power [10] Purchase information, materials, data from domestic and foreign suppliers to serve tax administration; pay for tax collection commissions from collected tax money or from the tax administration authority's budget as stipulated by the Government of Vietnam.
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