THE MINISTRY OF FINANCE
THE STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No. 01/2006/TTLT-BTC-NHNN
Hanoi, January 04, 2006
 
INTER-MINISTERIAL CIRCULAR
PROVIDING GUIDANCE ON THE EXCHANGE, SUPPLY OF INFORMATION BETWEEN TAX AGENCIES AND BANKS AND CREDIT INSTITUTIONS
- Pursuant to the Law on Customs dated 29 June 1992; the Law on the amendment, supplement of several articles of the Law on Customs dated 14 June 2005;
- Pursuant to the Law on Credit Institutions dated 12 December 1997; the Law on the amendment, supplement of several articles of the Law on Credit Institutions dated 15 June 2004;
- Pursuant to the Decree No.154/2005/ND-CP dated 15 December 2005 of the Government providing in details for several articles of the Law on Customs on customs procedures, examination, supervision of customs;
- Pursuant to the Decree No.155/2005/ND-CP dated 15 December 2005 of the Government providing for the determination of customs value for import, export goods;
With a view to satisfying the requirement of economic integration, facilitating the management to the tax collection, post customs clearance check and ensuring the prudence in banking activity, the Ministry of Finance and the State Bank of Vietnam are unanimous in guiding the coordination in exchange, supply of information between tax agencies, customs authority (hereinafter referred to as tax agencies) and banks, credit institutions (hereinafter generally called banks) as follows:
I. GENERAL PROVISIONS
1. The coordination in exchange, supply of information between tax agencies and banks shall only be performed in the case where an organization, which, individual, who has a sign of tax fraud, commercial fraud; a tax agency makes a decision on post customs clearance check for import, export goods; organizations, individuals violating provisions of applicable laws in monetary area and banking activity; organizations, which, individuals, who engage in business activity, have a proposal to borrow funds from banks, or have been borrowing funds from the banks but the banks need to examine their financial capacity in the performance of the debt payment obligation to the banks.
2. The supplied information must be used for the right purposes to support the operational activities within the function, assignment of information receiving agency.
3. Information relating to organizations, individuals which is in the list of State secrets of the tax agencies, banks must be supplied, transported, delivered and received, used, calculated, archived and preserved in accordance with the current regime on the protection of the State secrets.
4. Subjects entitled to supply, use information shall be tax agencies, banks.
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