THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
78/2006/TT-BTC
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Hanoi,
August 24, 2006
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CIRCULAR
GUIDING THE FINANCIAL REGIME APPLICABLE TO BORDER-GATE
ECONOMIC ZONES MANAGED BY PROVINCIAL-LEVEL PEOPLE'S COMMITTEES
Pursuant to the State Budget Law; the
Investment Law; the laws and ordinances on taxes, charges, fees and customs;
Pursuant to the Prime Minister's Decision No. 53/2001/QD-TTg of April 19, 2001,
on policies towards border-gate economic zones;
Pursuant to the Prime Minister's Decision No. 273/2005/QD-TTg of October 31,
2005, amending and supplementing a number of articles of his Decision No.
53/2001/QD-TTg of April 19, 2001 on policies towards border-gate economic
zones;
The Finance Ministry hereby guides the financial regime applicable to
border-gate economic zones managed by provincial-level People's Committees as
follows:
I. APPLICATION SCOPE AND
SUBJECTS
1. Application scope:
This Circular applies to border-gate economic
zones (hereinafter called border-gate EZs for short), which are established
under the Prime Minister's decisions and managed by provincial-level People's
Committees.
With regard to centrally-run border-gate EZs
established under separate decisions of the Prime Minister, the applicable
financial regime shall comply with separate guiding circulars of the Finance
Ministry.
2. Application subjects:
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2.1. Provinces and centrally-run cities
(hereinafter collectively referred to as provinces) which have border-gate EZs
defined in Clause 1, Section I above;
2.2. Domestic and foreign investors conducting
business activities (including infrastructure construction, production, trading
and provision of services) in border-gate EZs;
2.3. Business activities conducted within
border-gate EZs.
Domestic and foreign investors that conduct
business activities in border-gate EZs without establishing economic legal
entities therein must account separately such business activities in order to
have a ground for determination of preferences.
3. Interpretation of terms
- Tax suspension areas mean those in border-gate
EZs, which are established according to the provisions of Clause 1, Article 1
of the Prime Minister's Decision No. 273/2005/QD-TTg of October 31, 2005.
- Inland Vietnam includes the remaining part of
border-gate EZs besides tax suspension areas and the remaining part of the
Vietnamese territory (except for the areas similar to non-tariff areas defined
in Clause 1, Article 5 of June 14, 2005 Import Tax and Export Tax Law No.
45/2005/QH11 and Clause 2, Article 1 of the Government's Decree No.
149/2005/ND-CP of December 8, 2005, detailing the implementation of this Law).
- Non-tariff areas mean those defined in Clause
1, Article 5 of June 14, 2005 Import Tax and Export Tax Law No. 45/2005/QH11
and Clause 2, Article 1 of the Government's Decree No. 149/2005/ND-CP of
December 8, 2005, detailing the implementation of this Law.
II. FINANCIAL PREFERENTIAL
REGIME
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1.1. Investment support from the central budget
for infrastructure construction:
a/ Subjects eligible for investment support from
the central budget:
The central budget shall provide support to
budgets of the provinces having provincially-run border-gate EZs for investment
in the construction of important socio-technical infrastructures, service and
public facilities for common use in border-gate EZs under target programs,
which are included in the cost estimates already approved by competent
authorities.
b/ Scope of investment support from the central
budget
The central budget shall only provide support
for investment in construction of common infrastructures of the entire
border-gate EZs, including works outside the zones, which, however, must be in
direct service of border-gate EZs, and excluding infrastructures used
exclusively for each functional sub-zone in border-gate EZs.
c/ Principles on investment support from the
central budget:
- Investment support from the central budget for
infrastructure construction in border-gate EZs shall be provided according to
projects conformable with the detailed planning on border-gate EZs already
approved by competent authorities.
- Based on the annual balance capacity of the
central budget and difficulties met by localities, the Government shall
consider before submitting to the National Assembly for decision the targeted
support for investment in essential infrastructures for border-gate EZs managed
by provincial-level People's Committees.
- The central budget capital provided as
targeted support for provincial budgets to invest in infrastructures of
border-gate EZs shall be identified in the state budget estimates assigned to
localities.
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d/ Process of elaborating plans, using and
managing investment support capital provided by the central budget:
- Annually, by the time of making the state
budget estimates, the border-gate EZ management boards shall coordinate with
the concerned agencies in drawing up lists of infrastructure development
projects conformable with the border-gate EZ detailed plannings already
approved by competent authorities and elaborate cost estimates for capital
construction investment for these projects, which shall be submitted to
provincial-level People's Committees. With regard to border-gate EZs without
management boards, provincial-level People's Committees shall directly
implement this regulation.
- Based on the list of infrastructure
development investment projects and their cost estimates elaborated by the
border-gate EZ management boards, provincial-level People's Committees shall
sum up investment capital demands of infrastructure development investment
projects in border-gate EZs and capability to balance local resources in order
to draw up lists of such projects and propose the central budget to provide
investment support, which shall be submitted to the standing members of
provincial-level People's Committees for consideration.
- Based on the lists of infrastructure
development investment projects in border-gate EZs proposed for investment
support from the central budget, which have been approved by provincial-level
People's Councils, provincial-level People's Committees shall make detailed
estimates on capital demand of each project and send them to the Planning and
Investment Ministry and the Finance Ministry.
- The Planning and Investment Ministry shall
assume the prime responsibility for summing up demands of provinces having
border-gate EZs for investment support from the central budget and reach
agreement with the Finance Ministry in making sum-up reports to the Government
for submission to the National Assembly for decision on targeted addition of
investment in infrastructures within the state budget's balance capacity. Only
projects falling within the scope of the state budget investment support
defined at Point b of this Clause shall be considered for inclusion in the
sum-up report to the Government, which shall be submitted to the National
Assembly for decision.
- The central budget capital invested in
infrastructure construction in border-gate EZs shall be managed and used
according to regulations on management of capital construction investment, the
State Budget Law and current guiding documents.
2. Use of land-related revenues
for the creation of capital for infrastructure development in border-gate EZs:
Provincial-level People's Committees shall be
allowed to use land-related revenues (being the revenues prescribed by land law
such as land use levies and land rents) for infrastructure construction and
creation of capital for ground clearance in service of development investment,
prioritizing border-gate EZs. Particularly for land use levies and land rents
for the land areas under the planning of border-gate EZs, they shall be used
for investment in infrastructure construction in border-gate EZs.
The assignment and lease of land for creation of
investment capital for infrastructure construction in border-gate EZs shall be
effected through the auction of land use rights and bidding for projects
involving the use of land or not through the auction of land use rights according
to the provisions of the Government's Decree No. 181/2004/ND-CP of October 29,
2004, on the implementation of the Land Law, Decree No. 198/2004/ND-CP of
December 3, 2004, on collection of land use levies, Decree No. 17/2006/ND-CP of
January 27, 2006, amending and supplementing a number of articles of the
decrees guiding the implementation of the Land Law, Decree No. 187/2004/ND-CP
on the transformation of state companies into joint-stock companies, and the
Prime Minister's Decision No. 216/2005/QD-TTg of August 31, 2005, promulgating
the Regulation on auction of land use rights for land assignment with the
collection of land use levies or land lease and the relevant current provisions
of law.
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Based on the annual budget estimates decided by
provincial-level People's Councils, provincial-level People's Committees shall
assign finance agencies to coordinate with concerned units in organizing the
collection and spending of land use levies and accounting them into the state budget
according to the prescribed regime.
Where organizations or individuals advance
funding for compensation and support for people having land recovered for
investment in infrastructures being subjects of the state budget investment
before organizing auction to collect land use levies, the collected land use
levies to be refunded to such organizations or individuals shall be fully
accounted as state budget revenues and expenditures under current regulations.
3. Preferences for business
projects in border-gate EZs:
3.1. Preferences for tourist projects:
Investors of tourist business projects in
border-gate EZs shall enjoy investment preferences applicable to projects on
the list of projects eligible for investment promotion under the Government's
regulations.
3.2. Preferences regarding land and water
surface rents:
Domestic and foreign investors investing in
border-gate EZs shall enjoy land and water surface rent preferences according
to the Government's Decree No. 142/2005/ND-CP of November 14, 2005, on the collection
of land rents and water surface rents and guiding legal documents.
3.3. Tax preferences:
Projects of investment in border-gate EZs shall
enjoy tax preferences in accordance with current provisions of law.
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1. Conditions for
establishment and operation of tax suspension areas:
Tax suspension areas in border-gate EZs shall be
established only when all the following conditions are concurrently met:
- Having solid fences to ensure the separation
of their operations from other functional sub-zones in border-gate EZs;
- Having no population quarters, no permanent or
temporary residents (including foreigners);
- Having customs offices to oversee and inspect
goods and means of transport entering or leaving tax suspension areas.
2. Business activities in tax
suspension areas:
Based on Clause 1, Article 1 of the Prime
Minister's Decision No. 273/2005/QD-TTg of October 31, 2005, amending and
supplementing a number of articles of the Prime Minister's Decision No.
53/2001/QD-TTg of April 19, 2001, on policies towards border-gate EZs, there
are the following activities in tax suspension areas: logistic services; goods
production and processing; international commerce; exhibitions for introduction
of products.
3. Tax, charge and fee
policies applicable to tax suspension areas:
3.1. Enterprise income tax (EIT):
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3.2. Import and export taxes:
a/ Import and export goods in the following
cases shall not be liable to import and export taxes:
- Goods exported from tax suspension areas to foreign
countries; goods imported into tax suspension areas from foreign countries for
use within tax suspension areas only;
- Goods brought from tax suspension areas to
non-tariff zones, export-processing zones or vice versa.
- Goods not liable to export tax, brought from
inland Vietnam into tax suspension areas.
b/ For goods liable to export tax and brought
from inland Vietnam into tax suspension areas, export tax must be paid and
export procedures must be carried out in accordance with current provisions of
law.
c/ For goods imported into inland Vietnam from
tax suspension areas, import tax must be paid according to current regulations.
Particularly for goods produced, processed, recycled or assembled in tax
suspension areas, if they meet all the conditions specified in the Finance
Ministry's Circular No. 14/2006/TT-BTC of February 28, 2006, guiding the
application of Vietnam's special preferential import tax rates for
implementation of the Agreement on Common Effective Preferential Tariffs (CEPT)
of the ASEAN countries, the provisions of this Circular shall apply.
d/ Domestic and foreign organizations and
individuals involved in production and business activities in tax suspension
areas that import production raw materials, supplies or goods from foreign countries
but have not used them up while the byproducts still have commercial value and
are permitted for sale into inland Vietnam shall have to fill in all customs
procedures and pay import tax according to current regulations.
3.3. Special consumption tax (SCT):
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b/ Goods and services liable to SCT, which are
exported from inland Vietnam into tax suspension areas, shall not be subject to
SCT. Particularly for cars of under 24 seats, SCT shall be paid under current
common regulations.
c/ Goods and services liable to SCT, which are
transferred or sold from tax suspension areas to non-tariff areas or vice
versa, shall not be subject to SCT.
d/ Goods liable to SCT, which are imported into
inland Vietnam from tax suspension areas, shall be subject to SCT on import
goods under current regulations.
3.4. Value added tax (VAT):
Production and business establishments in tax
suspension areas shall use VAT invoices according to current regulations, make
VAT registration, declaration and payment in cases subject to VAT payment
according to the provisions of this Circular. For cases in which goods are not
subject to VAT payment, the VAT line in VAT invoices shall be crossed (x).
Specifically:
a/ Goods and services produced and consumed in
tax suspension areas or imported from foreign countries into tax suspension
areas or vice versa shall not be liable to VAT.
b/ Goods and services transferred or sold from
tax suspension areas to non-tariff areas or vice versa shall not be liable to
VAT.
c/ Goods and services exported from inland
Vietnam into tax suspension areas shall be eligible for the VAT rate of 0%.
d/ Goods and services imported from tax
suspension areas into inland Vietnam shall be liable to VAT on import goods at
the currently-prescribed tax rate. Concretely, enterprises in tax suspension
areas, when selling goods to inland enterprises, shall make invoices exclusive
of VAT and tax rates and with crossed VAT lines. Inland enterprises (or
enterprises in tax suspension areas, which bring goods inland for sale by
themselves) shall pay only VAT on import goods according to customs
declarations made upon filling in procedures for the import of goods into the
inland market.
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Other taxes, charges and fees shall comply with
current provisions of tax laws and ordinances, the Investment Law, the
Ordinance on Charges and Fees and legal documents guiding the implementation
thereof.
4. Customs procedures for goods
brought into or out of tax suspension areas:
Customs procedures, customs inspection and
supervision regimes applicable to goods brought into or out of tax suspension
areas shall comply with the provisions of Section VIII, Part B of the Finance
Ministry's Circular No. 112/2005/TT-BTC of December 15, 2005, guiding customs
procedures, inspection and supervision for goods brought into or out of free
trade areas and non-tariff areas.
IV. ORGANIZATION OF
IMPLEMENTATION
1. For the People's Committees of provinces
having border-gate EZs:
- Based on the demand for development and
commercial exchanges in border-gate EZs, presidents of the People's Committees
of provinces having border-gate EZs shall have to direct and probe into the
establishment of tax suspension areas in border-gate EZs and ensure full
satisfaction of the conditions specified in Clause 1, Section III of this
Circular. Tax suspension areas shall not be established and operated unless the
specified conditions are met.
- Presidents of the People's Committees of
provinces having border-gate EZs shall decide on the establishment of tax
suspension areas in border-gate EZs after reaching agreement with the
Construction Ministry, the Trade Ministry and the Finance Ministry on tax
suspension area planning so as to ensure the uniformity throughout the country.
- Provincial-level People's Committees shall
direct the relevant agencies (border guards, border-gate police, customs
offices, tax offices...) to enhance coordination in the application of
inspection and control measures against acts of smuggling and trade fraud in
tax suspension areas in border-gate EZs.
2. The General Department of Customs shall
arrange customs forces to carry out customs procedures for goods brought into
or out of tax suspension areas and conduct customs supervision over tax
suspension areas according to the provisions of customs law.
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- This Circular shall take effect 15 days after
its publication in "CONG BAO." It shall replace the Finance Ministry's
Circular No. 59/2001/TT-BTC of July 17, 2001, guiding the implementation of
financial policies applicable to border-gate EZs.
- The border-gate EZ management boards, tax
offices, customs offices, state treasuries and relevant agencies in border-gate
EZs should enhance coordination in implementation of the provisions of this
Circular and concurrently ensure the application of inspection and control
measures against acts of smuggling and trade fraud in border-gate EZs.
Any problem arising in the course of
implementation should be reported to the Finance Ministry for study and
settlement.