Professional Documents
Culture Documents
(Attached to Directive ...... / KQT-ĐT day ... month ... 2015 of VNU-IS Rector)
INTERNSHIP COMPANY/INSTITUTION:
NGHE AN TAX DEPARTMENT
Address: 15 V.Lenin Street, Hung Phuc Ward, Vinh City, Nghe An Province
Hanoi,………………..…
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ACKNOWLEDGMENT
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(for Supervisor)
2. Awareness, attitude:
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3. Other comments:
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Hanoi, …………………………….
Supervisor
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Table of Contents
ACKNOWLEDGMENT...............................................................................................................2
CHAPTER I: FEATURE OF ORGANIZATION AND OPERATION OF NGHE AN TAX
DEPARTMENT CONSTRUCTION INVESTMENT...............................................................6
1.1. General Information..................................................................................................................6
1.2 Organization Structure...........................................................................................................10
1.2.1 Management apparatus of Nghe An Tax Department...............................................................10
CHAP II: TAX LAW OF USING NON-AGRICULTURAL LAND......................................14
2.1 General Provisions...........................................................................................................................14
2.1.1 Scope of regulation...................................................................................................................14
2.1.2 Taxable objects.........................................................................................................................14
2.1.3 Non-taxable subjects.................................................................................................................14
2.1.4 Taxpayers.................................................................................................................................15
2.2 Basis of Tax Calculation, Registration, Declaration and Payment...................................................15
2.2.1 Article 5. Bases for tax calculation...........................................................................................15
2.2.2 Article 6 . Taxable Prices..........................................................................................................16
2.2.3 Article 7 . Tax rate....................................................................................................................16
2.2.4 Article 8 . Register, declare, calculate and pay taxes................................................................17
2.3 Tax exemption and reduction...........................................................................................................18
2.3.1 Article 9 . Tax exemption.........................................................................................................18
2.3.2 Article 1 0 . Tax reduction........................................................................................................19
2.3.3 Article 1 1 . Principles of tax exemption and reduction............................................................19
2.4 Terms enforcement..........................................................................................................................20
2.4.1 Article 1 2 . Entry into force.....................................................................................................20
2.4.2 Article 1 3 . Detailed regulations and implementation guidelines.............................................20
2.5 Management Process of Non-agricultural Tax.................................................................................20
2.6 Factors affecting the use of non-agricultural tax management.........................................................21
2.6.1 Human factors...........................................................................................................................21
2.6.2 Legal element...........................................................................................................................22
2.6.3 Linkages between related agencies...........................................................................................22
2.6.4 Information technology element...............................................................................................23
2.6.5 Tax organizational structure for collecting non-agricultural land use tax.................................23
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1.1.General Information
- Nghe An Tax Department was established under Decision No. 308 / TC-
QD-TCCB of August 27, 1991 on the Ministry of Finance. After separating
from Ha Tinh province, Nghe An Tax Department had some difficulties in
adequate organization and facilities. However, with the close attention of the
Ministry of Finance, the Provincial Party Committee, The Provincial
People's Committee and the General Department of Taxation, Nghe An Tax
Dep had united and tried to overcome all difficulties to rise up and
successfully complete the assigned tasks.
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proceedings under the ' mot cua ' mechanism. Nghe An tax department
used 18 software applications effectively, allowing 5 other software
applications to represent the management effectively. Actively leading
the implementation of a change in the Department-level model of tax
administration for all affiliated tax departments, The Office of the Tax
Department and 20 Tax Departments have implemented the Quality
Management System in accordance with International Standard ISO
9001:2008.
With that achievement, Nghe An Tax Department was voted as the first-
ranked unit among 63 Tax Departments nationwide for two consecutive
years (2013 - by the Electronic Finance Magazine - Department of
Informatics and Financial Statistics of the Ministry of Finance. 2014) on
IT readiness for IT development and application. In 2015, the Tax
Department of Nghe An was awarded the Certificate of Best Outstanding
Unit by the Minister of Finance for deploying tax payment online.
Typically in this field, there are units such as Tax Control Room No. 1,
Tax Control Room No. 2 of the Bureau Office, Sub-Department of
Taxation Tx. Cua Lo, Department of Taxation Do Luong, Tax
Department Vinh ...
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The advanced and effective typical training and replication work has
been put into order, since 2013, the Tax Department has developed and
issued the typical typical personal selection policy every year. The
elected individuals must be truly the best representative of the
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- Rewards:
+ Recognizing the positive contributions and outstanding achievements
from 1991 up to now, the collective of officials and public employees of
Nghe An Tax Department has been awarded the First-Class Labor Medal
by the President in 2010 and the collective and individuals of Nghe An
Tax branch were awarded many emulation titles and noble awards by the
State, the Ministry of Finance, the Provincial People's Committee and the
General Department of Taxation such as: 04 Second-class Labor Medals;
32 Third-class Labor Medal; 4 Emulation Flag of the Government and 14
Emulation Flag of Ministry of Finance and Provincial People's
Committee; 62 Merit from the Prime Minister; there were 4 individuals
who were awarded the title of Emulation Fighter by the Government, 66
individuals were recognized as Emulation Fighter of the Finance industry
and thousands of Certificates and Certificates of Merit of the Ministry of
Finance, the Provincial People's Committee, The General Department of
Taxation awarded; Nghe An Tax Union has been awarded the Third
Class Labor Medal by the State.
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Functions and duties of Departments are specified in Decision No. 211 / QD-TCT
of March 12, 2019 of the General Department of Taxation, defining the functions,
tasks and powers of Departments and Offices of Department of Taxation.
As follows:
1.2.1.1 Division of Propaganda - Support for taxpayers:
Helping the Director of the Department of Taxation organize the propagation of
tax policies and laws, support taxpayers within the scope of management of the
Department of Taxation; distributing and selling tax print invoices to units inside
and outside the tax branch, organizations and individuals paying taxes; manage tax
invoice usage.
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1.2.2.10 Office
Helping the Director of the Department of Taxation develop and implement the
internal regulations and working regulations; organization and operation of
administrative, clerical and archival work; administrative reform work, control of
administrative procedures, ISO quality management system; formulating programs
and plans, summarizing results of task performance by the Tax Department.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam which was
amended and supplemented according to Resolution No. 51/2001 / QH10;
The National Assembly promulgates the Tax Law on Non-agricultural Land .
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2.1.4 Taxpayers
- Taxpayers are organizations, households and individuals that have the right
to use land subject to tax prescribed in Article 2 of this Law .
- In cases where organizations, households or individuals have not yet been
granted a certificate of land use rights or ownership of houses and other
land-attached assets (hereinafter collectively referred to as certificates) ,
the persons who are currently Land use is taxpayer.
- Taxpayers in some specific cases are prescribed as follows:
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+ The Government has land for lease for investment projects, the leasers is
taxpayers ;
Someone has the right to use the land leased, the taxpayer shall be
determined according to the agreement. If there is no agreement on taxpayers in
contracts , persons with land use rights are taxpayers ;
+ Land was certificates but are in dispute, before the dispute is resolved , land
user are taxpayers.
+ If many persons have the same right to use a land parcel, the taxpayer is the
legal representative of those persons with the same land use right ;
+ In cases where a person with land use rights
contributes business capital with land use rights and forms a new legal entity
and has the right to use land subject to tax prescribed in Article 2 of this
Law, then that legal person is the taxpayer
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- Land limits as a tax base is allocated in the new quota prescribed by the
People's Committees of provinces and cities childhood c t shake-run , since
ivory y this law can be effective.
+ If residential land has a limit prescribed before the effective date of this
Law, the following shall apply:
+ If the residential land quota prescribed before the effective date of this Law
is lower than the new residential land allocation quota, the new residential
land quota shall be used as a basis for tax calculation;
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- If the current residential land quota prescribed before this Law takes effect is
higher than the new residential land allocation quota, the old residential
land quota shall be used as a basis for tax calculation.
- Multi-storey housing land in many households, condominiums , construction
ground á p Jumbo tax rate t 0.03%.
- Productive land, non-agricultural business á p Jumbo tax rate t 0.03% .
- Non-agricultural land stipulated in Article 3 of this Law for business
purposes is subject to the tax rate of 0.03% .
- Land used for improper purposes, unused land in accordance with the
provisions of application of tax rate of 0.1 5 % . In case the land
of investment projects is diverged according to the investors'
registration approved by competent state agencies , it will not be considered
unused land and the tax rate of 0.03% will be applied.
- Reclaimed land , accounting for applying the tax rate of 0, 2 % and does not
apply to limit blind c . The payment of tax is not grounds for recognition of
the legitimate land use rights of taxpayers for land encroachment up .
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2.2.4 Article 8 . Register, declare, calculate and pay taxes
- Taxpayers register, declare, calculate and pay taxes according to law
provisions on tax administration.
- Taxpayers register, declare, calculate and pay taxes at tax offices
of rural districts, urban districts, towns or provincial cities where exist land
use rights.
In remote areas with difficult transportation conditions, taxpayers may
register, declare, calculate and pay taxes at the commune People's Committee. Tax
authorities create conditions for taxpayers to perform their obligations.
- Where the taxpayer has the right to use land plots in the area of property tax
is the total area of the land plot in property taxes within the province and
cities childhood c t vibration run. Tax registration, declaration, calculation
and payment are prescribed as follows:
+ Taxpayers register, declare, calculate and pay tax at the tax authorities
of districts , towns, provincial cities where the land use rights are located ;
+ Taxpayers are selected land quota in a district, towns and provincial cities
where the right to use the . Where one or more parcels of land in excess of
the quota, taxpayers selected a parcel of land where in excess of the quota to
determine the area beyond the limits of the redundant.
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revocation of tax returns by June 30, 2012 must be completed by tax authorities.
By September 30, 2012, the tax authority must prepare and send a notice of tax
payment to the taxpayer and the deadline for tax payment in 2012 is December 31,
2012, the General Department issued a letter No. 243 / TCT-IT dated. January 18,
2012 informed the Tax Departments of the plan to deploy the above-mentioned
application software, expected to deploy phase 1 in late May and early June 2012
with the following contents: training and deployment. Software for importing tax
returns, calculating tax, issuing tax codes, printing tax notices and tax registers, the
second phase in November and December 2012, the remaining contents are:
training and implementation of tax management application. Using non-
agricultural land (Online) with full functions (importing receipts / documents,
importing general declarations, monitoring tax debts, preparing tax management
reports).
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On the other hand, due to the very large number of taxpayers, the issuance of MST
in a short time (from the time of the circular guiding on 11/11/2011 until the Tax
Law takes effect on 01/01/2012) This is facing many difficulties because many
household heads no longer have their identity cards due to their old age, many
households are absent, transfer their land and houses but the local authorities do
not catch them in time ... IT departments only have 1-2 people, so they can't do it
in a short time.
Taxpayers do not understand and grasp the positive aspects of the new tax. Or if
caught, try to evade taxes, especially for taxpayers with large taxable area, then
carry out procedures to split or transfer their land parcels to children, spouses or
children to reduce the excess area. level.
2.6.2 Legal element
Non-agricultural land use tax institutions include regulations on tax policies and
tax administrative procedures and procedures in tax laws such as the Tax Law, Tax
Ordinance and guiding documents. guiding the implementation of the Law on
Non-agricultural Land Use Tax. The policy of non-agricultural land use tax has the
function of mobilizing financial resources from the people into the state budget,
leverage to encourage production and business development, export and regulate
income, towards social justice. The subject of non-agricultural land use tax law is
the taxpayer of non-agricultural land use tax, tax agencies and related
organizations and individuals. Non-agricultural land use tax procedures are
provided to ensure that taxpayers comply with the land use tax policy with the
spatial and temporal sequence in the prescribed order and at the same time create
tools for agencies. tax is responsible for organizing the implementation of tax
policies and monitoring and coercing non-agricultural land use taxpayers to
implement non-agricultural land use tax policies. Besides tax procedures, there are
procedures for managing non-agricultural land use tax collection: the process of
registering taxpayers; receive and handle declarations and official letters; tax
calculation and tax notice; manage, guide, urge tax collection and payment; tax
inspection
In order to carry out the implementation of a law or document, the drafting process
has the participation and comments of many experts in many related fields. The
same goes for the Law on Non-agricultural Land Use Tax. The Law was passed by
the National Assembly on June 17, 2010 - Law on non-agricultural land use tax:
"Law No. 48/2010 / QH12". By the time Law 48 was created, there were many
people interested, analyzed and caught the attention of taxpayers. But it took too
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long for the Law to take effect - January 1, 2012. This has reduced public interest
from the time the Law was born until the Law took effect.
object. In the past, the database was mainly taken from the housing and land tax
register built in 1992. From the district tax office to district officials and collection
commissioners, taxpayers managed manually by using Excel. Most taxpayers are
not granted tax codes, or there are changes in land taxpayers but the management
agencies do not catch them in time. Up to now, the number of taxpayers and
taxable area has fluctuated. Therefore, application software tools that support non-
agricultural land use tax management effectively gain from the initial stage of
updating tax codes, taxable areas, taxable prices, calculating limits. tax, taxpayers
are eligible for tax exemption or not? Since then, the management of non-
agricultural land use tax has brought efficiency to the tax authorities as well as
fairness for taxpayers.
2.6.5 Tax organizational structure for collecting non-agricultural land use tax
Organizational structure is the arrangement of personnel into the appropriate
departments to carry out the task of the industry. The tax bureaucracy must always
build on the basis of a system of non-agricultural land use tax policies and business
processes for managing non-agricultural land use tax collection to best implement
the policy system. and meet the requirements of the non-agricultural land use tax
collection management process.
2.6.7 Sense of compliance with tax laws and policies of the people
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which, land use fee collection is 223.2 billion dong, regular collection is 671.13
billion dong. Total 5-year revenue (2010 - 2015) is estimated at VND 6,603 billion
(Average VND 1 trillion 320 billion annually), nearly 200 times higher than 1990,
only for the last 5 years (2010 - 2015) exceeding the estimate assigned by the City
People's Council by 17%, the average annual growth rate of revenue reached
15.2%.
Sub-departments regularly monitor, analyze, and assess strictly the budget
revenue, review the revenues and taxes that can increase revenues, so that there are
specific and realistic management measures for each. area and field. Renewing
working methods, supervising and supervising the settlement of tax administrative
procedures, cutting cumbersome and troublesome procedures for taxpayers.
Accordingly, the Sub-Department promotes the website of the unit, declares and
pays taxes electronically to facilitate the strict implementation of the Law on Tax
Administration, connecting information within the tax industry. , bank, Party
Committee, People's Committee ... should promptly meet the task requirements.
At present, NA Tax Department has successfully built and maintained effective
operation of the quality management system according to ISO 9001: 2008 standard
"Implementing the function of State management and settling administrative
procedures on tax in Vinh City ". Implementing 38 applications for tax
administration, well implementing the application of tax declaration support and
implementing electronic tax declaration and payment so far, 100% of enterprises
have implemented tax declaration. electronic and over 80% of businesses register
to pay taxes electronically.
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For individuals outside the city who use land in the communes of the city, the
commune tax team cooperates with the commune cadastral official based on the
cadastral book, the book to monitor the change of the commune's land. currently
reviewing current subjects, making separate lists, sending notices to individuals
who request non-agricultural land use tax declaration.
- Organizations and individuals that are assigned land by the State to execute
projects on housing construction for sale or lease
For the area transferred to households, having been granted a land use right
certificate, to review, compare and request the households to declare non-
agricultural land use tax in accordance with regulations.
For the area where the capital contribution contract has been signed, a depository
record has been made with households and the unassigned land area, the project
owner is responsible for declaring non-agricultural land use tax.
In the process of managing and monitoring projects whose planning adjustments
lead to changes in the area size, the project owner is required to report and make
additional non-agricultural land use tax declaration or adjust the area under the
approval decision.
District Tax Departments of districts, towns and cities shall manage, set up, notify,
urge and collect non-agricultural land use tax of the above projects.
The review of taxpayers throughout the city to issue tax codes is a measure to
strengthen the management of taxpayers.
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Through the data in Table 3.2.2.3, we see that the situation of managing
organizations and individuals paying non-agricultural taxes over the years has
increased. In 2017, there were 5,669 additional organizations and individuals, with
management increased by 7.83%; compared to 2017, the management of 3,279
organizations and individuals increased by 4%.
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Some organizations, households and individuals are not fully aware of the rights
and obligations of land users and the legal value of the certificate, so they are not
interested in declaring registration for certification. land use rights, ownership of
houses and properties attached to land, and fulfill financial obligations to be
granted certificates.
3.3.1.4 Management of tax collection and payment
Regarding people (human resources) to carry out this work, it is still thin and
weak, uneven among units. Many new or expanded constructions in terms of
traffic, irrigation, etc. of construction industries have damaged and misleaded
many cadastral landmarks and coordinate points of the state but have not reported
to agencies and managing units. physical. The measurement of land acquisition,
especially ground clearance for key projects, takes a long time and is quite
complicated, affecting management.
The management and implementation of the non-agricultural land tax law is facing
a very difficult problem due to many reasons when the data to summarize the
records is insufficient and inaccurate.
In addition to information from the tax authorities, the taxpayers have many causes
that make the management of non-business land tax a lot of difficulties such as:
The owner is away, working away from home, selling transfer to Others cannot be
captured by the local authority, or their spouses have names of two or three red
books but if there are red books, the names of their wives and other red names of
husband may result in tax losses. There are also records that do not have identity
card, red book but in the declaration, there is still the identity card number, the red
book without a book number makes the identification of the owner really that
person. ? There are households who do not submit a land use right certificate for a
variety of reasons: the cover is mortgaged at a bank, the red book holder is not
local. However, some cases are sometimes handled by ward and commune
cadastral officials.
3.3.1.5 The management of taxable land areas, tax exemptions, etc., although not
facing difficulties like other management tasks, still exist shortcomings such as:
Regarding the regulations on management of taxable land areas, tax exemption or
reduction is unclear, causing many controversies. The determination of taxable
land is complex and controversial, but grassroots authorities do not have the
authority to resolve these shortcomings. The promulgation of regulations falls
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under the jurisdiction of the provincial People's Committee so the changes and
amendments must also be decided by the provincial People's Committee.
Tax exemption and reduction policies are usually issued according to the following
process: Promulgating laws (ordinances), promulgating decrees of the Government
guiding the implementation of laws, promulgating circulars of ministries and
branches to guide the implementation of the decrees specified. This process usually
takes a long time so benefits to the people are still slow.
Cases of tax exemption and reduction have not been fully reviewed and confirmed
by local authorities. During the tax declaration process, the taxpayer does not
declare the taxpayer is a poor household policy so when the policy confirmation on
the declaration does not show, when the taxpayer entered the data, the taxpayer is
not a policy family. The taxpayer does not supplement the exemption or reduction
dossier attached to the tax return.
Administrative procedures are also theoretical and imperative, so it is still
inadequate to grasp and implement those issues. Sometimes documents guiding the
implementation but if there are violations, sanctions for sanctions are not effective,
so the effectiveness of implementing policies is not guaranteed.
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The fragmented town planning and the lack of a roadmap make it impractical to
apply the current tax calculation, which is why taxpayers are slow, slow or do not
voluntarily fulfill their obligations. his tax.
Legal documents regulating non-agricultural land tax of local authorities also face
many shortcomings, the price setting of the provincial People's Committee is not
close to reality, on a road but two The ward has two different prices.
Complex residential areas, many households without permanent residence in the
place of residence, uneven population lead to the dissemination of tax policies as
well as the public determination of tax obligations to each person experiencing The
process takes a lot of time.
The city has not completed the issuance of certificates (LURC) of land use rights
(LURCs), so many land users do not have LURCs, making it difficult to declare.
Due to large taxpayers (estimated 80 thousand subjects), large subjects, full-time
officials are less concurrent; the situation of land transfer has not been completed
quite a lot; Some land users do not provide information or provide false
information, so the declaration faces many obstacles and takes a lot of time.
Many land lots are not included in the cadastral map, so the determination of land
prices and the basis for determining land prices do not lead to many conflicting
views in applying adjacent prices for tax calculation.
The city is in the process of constructing an urban embellishment to be in line with
the grade-I city, so the new roads have been opened more spaciously, leading to
the disturbance of the taxable land use location. There are many households that
used to be taxed according to their position in the alley or niche, but now on the
road, this information has not been updated in timely management data.
Determining the taxable area is also very difficult, because the area used for wrong
purposes, the area encroached on the certificate is recorded as a shared area but
actually the taxpayer still uses it for private purposes.
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Nghe An Tax Department is different from what I have learnt so it is hard to apply
the learned knowledge to the actual work environment. Luckily, I got the help from
staffs at Nghe An Tax Department to know which skills are used to facilitate the
working process. As a result, I have a clearer view of the department and the
industry and learn a lot of new things.
After 6 weeks of practice at Nghe An Tax Department, I myself have learned a lot
from the staff in the branch and accumulated valuable lessons that would be very
useful for my work later. These lessons are as follows:
- Computer skills: I’m good at using Word and Excel, but this internship helped
me to develop it more and know how to use the advanced code. Besides, now I
know how to use scanner, printer, and copier or howan organization to operate.
Embrace the mistakes I make as an intern and the many things that I won’t know.
- Communication Skills: The ways they talk to their clients, their boss… I had seen
it all and it makes me impressed because of their confidences. This makes me
become confident and flexible in work. Communication skill brings out
extraordinary advantages I have never thought before. I realized that being not
confidence in communication makes my works become more difficult because
people are very busy and don’t have time to lead me in detail if I don’t ask. It is
clear that no one want to say to person who is not independent and shy in
communication.
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- Better working habits. Besides how to manage work, I also learn from the staffs
by observing positive habits and negative habits. It helps me to show myself better,
increases
- Time management skill: As a newbie, sort of work is very important. I can ask
the instructor how to manage this time: work schedule, the rational allocation of
work, complete the work on time with good quality. I can also develop a plan for
themselves during the internship, then need to rely on it to perform.
- Other skills: Firstly, I go to work on time, it shows respect for the provisions of
the company, the job you are doing. Secondly, business attire usually use two
specific colors white and black, elegant costumes, makeup gently. Thirdly, I needs
to turn off the phone while working to not affect other employees. Fourthly, I can
show professional in the assigned work and in the workplace
REFERENCES
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2 7/10/2019 - Get familiar with the office and practice reading the
12/10/2019 documents.
- Help printing delivering the documents.
- Do the household chores.
- Find the data in previous year to do the report
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