Which Ministry shall merge with Ministry of Finance of Vietnam according to the downsizing plan under Plan 140? What are duties and powers of the General Department of Taxation of Vietnam?
Downsizing plan of Plan 140: Which Ministry shall merge with Ministry of Finance of Vietnam?
Recently, on December 5, 2024, Deputy Prime Minister Nguyen Hoa Binh, Vice Chairman of the Steering Committee for the review of the implementation of Resolution 18-NQ/TW in 2017, signed and issued Plan 140/BCDTKNQ18 regarding the orientation plan for reorganizing and downsizing the Government of Vietnam's organizational structure.
According to the organizational downsizing plan, the XV and XVI Government of Vietnam (2026 - 2031 term) will have 13 ministries (a reduction of 5 ministries), 4 equivalent governmental agencies, and 4 agencies under the Government of Vietnam (a reduction from 4 agencies).
Specifically, the downsizing plan is oriented towards including 13 Ministries comprising:
- 8 Ministries to be maintained as they are: Ministry of National Defense; Ministry of Public Security; Ministry of Justice; Ministry of Industry and Trade; Ministry of Culture, Sports and Tourism; Ministry of Foreign Affairs; Ministry of Health; Ministry of Education and Training.
- 5 Ministries to be merged from 10 ministries (Ministry of Planning and Investment; Ministry of Finance; Ministry of Transport; Ministry of Construction; Ministry of Natural Resources and Environment; Ministry of Agriculture and Rural Development; Ministry of Information and Communications; Ministry of Science and Technology; Ministry of Labor, Invalids and Social Affairs; Ministry of Home Affairs).
Among which, the downsizing plan of Plan 140 will orient towards merging the Ministry of Finance and the Ministry of Planning and Investment. The expected name of the ministry after restructuring is either the Ministry of Finance and Development Investment or the Ministry of Economic Development (performing the state management functions over sectors and fields currently assigned to the Ministry of Finance and the Ministry of Planning and Investment).
Download to see more on Plan 140/BCDTKNQ18 about the orientation plans for reorganizing and downsizing the Government of Vietnam.
Which Ministry is managing the General Department of Taxation of Vietnam?
Pursuant to Article 3 of Decree 14/2023/ND-CP regulating the organizational structure of the Ministry of Finance as follows:
Organizational Structure
...
- Department of Planning and Finance.
- General Department of Taxation.
- General Department of Customs.
- General Department of State Reserves.
- State Treasury.
...
Thus, the Ministry of Finance is the agency currently managing the General Department of Taxation.
What are duties and dowers of the General Department of Taxation of Vietnam?
Based on Article 2 of Decision 41/2018/QD-TTg which defines the duties and powers of the General Department of Taxation as follows:
- Submitting to the Minister of Finance to present to the competent authorities for consideration and decision:
+ Legislative projects, draft resolutions of the National Assembly, ordinance projects, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government of Vietnam; draft Decisions of the Prime Minister regarding tax management;
+ Strategies, action programs, important projects on tax management; annual tax revenue estimates according to the State Budget Law.
- Submitting to the Minister of Finance for consideration and decision:
+ Draft circulars and other documents in the field of management of the General Department of Taxation;
+ Annual operational plans of the General Department of Taxation.
- Issuing professional guidelines, process regulations; internal normative and individual documents within the management scope of the General Department of Taxation.
- Organizing the implementation of legal normative documents, strategies, plans, programs, projects, and schemes within the management scope of the General Department of Taxation after being issued or approved by the competent authority.
- Propagating, disseminating, and educating the law within the management domain of the General Department of Taxation.
- Organizing tax management as prescribed by law:
+ Guiding and explaining State tax policies; organizing support for taxpayers to fulfill tax obligations according to legal regulations;
+ Guiding, directing, checking, supervising, and organizing the implementation of business processes regarding taxpayer registration, tax code allocation, tax declaration, tax calculation, tax payment, tax refund, tax deduction, tax exemption, tax debt cancellation, tax penalty, and related activities;
+ Deciding or submitting to the competent authority for decisions on tax exemptions, reductions, refunds, extensions of tax declaration and payment deadlines, tax debt, and tax penalty cancellations;
+ Compensating taxpayers for damages; keeping taxpayer information confidential; confirming taxpayers’ fulfillment of tax obligations when requested according to legal regulations;
+ Appraising to determine taxpayers’ tax liabilities as required by competent State agencies;
+ Delegating to agencies and organizations to directly collect certain types of taxes according to legal regulations.
- Organizing technical measures and professional risk management in tax management activities.
- Applying administrative measures to ensure tax law enforcement:
+ Requesting taxpayers to provide accounting records, invoices, documentation, and other relevant documents related to tax calculation and payment; requesting credit institutions, organizations and individuals to provide documents and cooperate with tax authorities in tax management;
+ Impounding taxes, collecting taxes; implementing coercive measures against administrative tax enforcement decisions to collect tax debts and tax administrative penalties.
- Filing dossiers recommending prosecution of organizations and individuals violating tax law; publicly announcing on media those violating tax law.
- Conducting tax industry inspections; solving complaints and denunciations; handling or recommending competent authority to handle as prescribed for violations of tax law; preventing corruption, negative acts and practicing thrift, combating waste in managing assigned assets and finance.
- Developing, deploying, managing sectoral specialized tax application software, national tax databases, IT infrastructure to modernize tax management, internal management, and provide electronic services supporting taxpayers.
- Organizing accounting and statistical work on taxes and implementing financial reporting policies per regulations.
- Conducting international cooperation tasks in the tax field as assigned, instructed by the Minister of Finance and legal regulations.
- Managing organizational structure, workforce; implementing salary policies and other considerations, training, competitions, rewards, discipline for officials, employees under the management of the General Department of Taxation as assigned by the Minister of Finance and legal regulations.
- Conducting taxation sector competitions and rewards for taxpayers, organizations, and individuals with outstanding achievements in tax management and compliance with State Budget obligations as prescribed.
- Managing State-budgeted expenses and assigned assets, maintaining records, documentation, and tax vouchers according to the law; following financial and workforce management mechanisms set by competent authorities.
- Implementing administrative reforms per goals and program contents approved by the Minister of Finance.
- Performing other tasks and authorities assigned by the Minister of Finance and prescribed by the law.
