Coordinated exchange of information with competent bodies

1. The tax authorities shall exchange and provide information with the competent bodies and units of relevant Ministries and sectors based on the current regulations of law and the Joint Circular between the Ministry of Finance and the relevant Ministries and sector on exchange and provision of information for state management of tax and finance.

The tax authorities at all levels may sign the coordination regulations with the competent bodies and units at the same level to concretize and strengthen the coordination relation in exchange and provision of information for state management on tax in accordance with current regulations of law.

2. Contents of exchanged or provided information

a) Information on business registration of organizations or individuals;

b) Information about operation of organizations or individuals;

c) Reality of tax declaration, tax payment, tax debt, prohibited exit out of country in case of unfulfilled obligation of tax payment, preferential tax, tax exemption or reduction, tax refund, creation, printing, issue, management and use of printed matters of tax;

d) Information about transaction accounts; information about doubtful transactions, abnormal and sudden in transaction account.

dd) Information about violation of tax law and regulation on accounting and statistics, violation of economic, civil and criminal law;

e) Mode and acts of tax fraud and tax evasion;

g) Other relevant information about the taxpayers;

h) Other information related to the risk management in tax operation.

3. Forms of exchange and provision of information:

a) The exchange and provision of information is done in the form of official letter, fax, paper documents, email and data transfer;

b) The connection of exchange of electronic data through the information system of the tax sector with the relevant bodies and units;

c) Direct meeting and exchange in the forms: appointment of representative, verification, collection of documents; conference organization and other forms.

4. The contents and form of exchange and provision of information must comply with regulations of law on state security.

5. Every six (06) months, the tax authorities at all levels shall assess the result of implementation of mechanism of coordinated exchange and provision of information with the competent bodies and units at the same level, recommend the addition or modification of regulations and mechanisms of coordination or solutions to solve the problems during the implementation.

Article 12. Collection of information related to tax management from foreign country

1. The collection of information from foreign country for state management on tax shall comply with the Law on tax management No. 78/2006/QH11 dated 29/11/2006, the Law No. 21/2012/QH13 dated 20/11//2012 amending and adding some articles of the Law on tax management and the guiding documents; ensure the compliance with regulations of law on protection of state secret.

2. The sources of information collected from foreign country include:

a) The tax authorities and other management bodies of the signing country and territories that provide information under the agreement on avoidance of double taxation and the agreements on cooperated exchange and exchange of information which the Socialist Republic of Vietnam has signed with the countries and territories;

b) Information provided by the international organizations under the international treaties in which the Socialist Republic of Vietnam is a member;

c) Information provided by the goods manufacturers, exporter and importer at the request of the tax authorities under the international treaties in which the Socialist Republic of Vietnam is a member;

d) Organizations or individuals providing the information services in foreign country under the provisions of the international treaties in which the Socialist Republic of Vietnam is a member;

dd) Other official sources as prescribed by law.

3. Forms of collection, exchange and provision of information:

a) Exchange and provision of information in the form of document, fax, paper document, email or data transfer;

b) Sharing information through the electronic data system of tax authorities of the countries and connecting and sharing information through the information system with foreign countries (in case of international treaty signed between two countries).

c) Exchange of information in the forms of appointment of representative, verification, collection of documents, seminar organization and other forms;