AMEND CRITERIA ON THE ENTERPRISES’ COMPLIANCE WITH CURRENT LEGAL REGULATIONS
On September 17, 2021, the Ministry of Finance promulgates the Circular No. 77/2021/TT-BTC amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 200/2015/TT-BTC dated December 15, 2015, guiding a number of provisions on supervision
of investment of state capital in enterprises; financial supervision, assessment of operational efficiency and disclosure of financial information of state-owned and state-invested enterprises.
Specifically, regarding criterion 4 on status of compliance with current legal regulations, an enterprise shall be classified as A if it meets the following conditions: In the year of assessment and classification, the enterprise was not administratively sanctioned by the competent agency in the tax field for the group of acts of making false declarations leading to a deficit in the payable tax amount or an increase in the exemptible, reducible, refundable or non-collectible tax amount and group of acts of tax evasion; The enterprise was not or was reminded in writing once by the owner's representative agency/financial agency about submitting reports for financial supervision, enterprise classification reports, and financial statements contrary to regulations, or failing to submit such statements within the time limit, etc.
Besides, the owner's representative agency shall classify enterprises based on the lists of public products and services covered by state budget funds for regular expenditures under the Government's regulations on the assignment of tasks, placement of orders, or bidding for the provision of public products and services covered by state budget funds for regular expenditures. The classification of enterprises for assessment and classification of enterprises shall be specified by the owner's representative agency in the decision to assign annual production and business plans to each enterprise.
This Circular takes effect on November 03, 2021, and applies from the 2021 fiscal year.
