Circular No. 23/2025/TT-BTC dated May 09, 2025 on amendments to Circular No. 328/2016/TT-BTC providing guidance on collection and management of the state budget revenues through State Treasuries, which has been amended by Circular No. 72/2021/TT-BTC

CIRCULAR

On amendments to certain Articles of Circular No. 328/2016/TT-BTC dated December 26, 2016 of the Minister of Finance providing guidance on collection and management of the state budget revenues through State Treasuries, which has been amended by Circular No. 72/2021/TT-BTC dated August 17, 2021 of the Minister of Finance.

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to the Law on amendments to the Law on Securities, Law on Accounting, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public Property, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Actions against Administrative Violations dated November 29, 2024;

Pursuant to Decree No. 163/2016/ND-CP dated December 21, 2016 of the Government of Vietnam providing detailed regulations and implementation guidance of certain Articles of the Law on State Budget;

Pursuant to Decree No. 11/2020/ND-CP dated January 20, 2020 of the Government on administrative procedures for state treasury operations;

Pursuant to Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government elaborating on certain Articles of the Law on Tax Administration;

Pursuant to Decree No. 91/2022/ND-CP dated October 30, 2022 of the Government elaborating certain Articles of Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government elaborating certain Articles of the Law on Tax Administration;

Pursuant to Decree No. 29/2025/ND-CP dated February 24, 2025 of the Government on functions, tasks, powers and organizational structure of the Ministry of Finance;

At the request of the Director of the State Treasury,

The Minister of Finance hereby promulgates a Circular on amendments to certain Articles of Circular No. 328/2016/TT-BTC dated December 26, 2016 of the Minister of Finance providing guidance on collection and management of the state budget revenues through State Treasuries, which has been amended by Circular No. 72/2021/TT-BTC dated August 17, 2021 of the Minister of Finance.

Article 1. Amendments to certain clauses of Article 10 of Circular No. 328/2016/TT-BTC dated December 26, 2016 of the Minister of Finance providing guidance on collection and management of the state budget revenues through State Treasuries (Circular No. 328/2016/TT-BTC), which has been amended by point a clause 9 Article 1 of Circular No. 72/2021/TT-BTC dated August 17, 2021 of the Minister of Finance (Circular No. 72/2021/TT-BTC)

1. Amendments to clause 1b Article 10 of Circular No. 328/2016/TT-BTC which has been amended by point a clause 9 Article 1 of Circular No. 72/2021/TT-BTC:

“1b. On the basis of the date of refund decision on the state budget revenue refund order, the State Treasury shall record the refunded revenues from the state budget as follows:

- For refund decisions issued within the current year: Record the state budget revenues as a decrease in state budget revenue of the current year (specified in the state budget classification of the refunded item).

- For refund decisions issued within the previous year: For refunds during the period of final settlement adjustment, record the state budget revenues as a decrease in state budged revenue of the previous year; for refunds after the period of final settlement adjustment, record the state budget revenues as a decrease in state budged revenue of the current year (specified in the state budget classification of the refunded item)”.

2. Addition of clause 1c to after clause 1b of Article 10 of Circular No. 328/2016/TT-BTC which has been amended by point a clause 9 Article 1 of Circular No. 72/2021/TT-BTC:

“1c. Record the VAT refund disgorgement after refunding according to tax laws.

The amount of VAT refunded that is paid in a fiscal year shall be recorded as a decrease in the value-added tax refund expenses of that fiscal year”.

Article 2. Implementation clauses

This Circular comes into force from July 01, 2025.