THE MINISTRY
OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 19/1999/TT-BTC
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Hanoi, February 09, 1999
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CIRCULAR
GUIDING THE EXPERIMENTAL APPLICATION OF
FINANCIAL REGIMES IN A NUMBER OF BORDER-GATE AREAS OF CAO BANG PROVINCE
Pursuant
to Decree No.178/CP of October 28, 1994 of the Government defining the tasks,
powers and organizational structure of the Ministry of Finance;
Pursuant to Decision No.171/1998/QD-TTg of September 9, 1998 of the Prime
Minister on the experimental application of a number of economic development
policies in a number of border-gate areas of Cao Bang province;
The Ministry of Finance hereby guides the experimental application of financial
regimes in a number of border-gate areas of Cao Bang province, as follows:
I. THE
OBJECTS AND SCOPE OF APPLICATION
1. Scope of application:
According to provisions of Article 1 of Decision
No.171/1998/QD-TTg of September 9, 1998 of the Prime Minister, the scope of
experimental application of a number of financial policies stipulated in this
Circular includes:
a/ The Ta Lung national border-gate area,
including Ta Lung border gate and Ta Lung commune of Quang Hoa district;
b/ The Hung Quoc border-gate area, including
Hung Quoc border gate and Hung Quoc commune of Tra Linh district;
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The areas mentioned in Points a, b and c above
shall herein collectively referred to as Cao Bang border-gate economic areas.
2. Objects eligible for preferences:
Eligible for financial preferences provided for
in this Circular are domestic and foreign investors that invest in production,
business and infrastructure construction in Cao Bang border-gate economic areas
in conformity with the Law on Domestic Investment Promotion and the Law on
Foreign Investment in Vietnam, more concretely:
a/ Domestic investors include enterprises of all
economic sectors established under the provisions of the Law on State
Enterprises, the Law on Private Enterprises, the Law on Companies, the Law on
Cooperatives,...
b/ Foreign investors include foreign-invested
enterprises, foreign investors to the business cooperation contracts, overseas
Vietnamese investing in the country in the forms prescribed in the Law on
Foreign Investment in Vietnam, and foreign investors conducting business
activities not under the Law on Foreign Investment in Vietnam.
Domestic and foreign investors investing in Cao
Bang border-gate economic areas, which do not set up economic legal entities,
shall have to separately account their business activities in the areas to
serve as basis for the determination of the preferential regime.
Only production and business activities
conducted in Cao Bang border-gate economic areas shall be eligible for the
preferential regime.
II.
SPECIFIC GUIDANCE
A. LAND AND WATER SURFACE RENT PREFERENCES; TAX
PREFERENCES
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Domestic and foreign investors that invest in
production, business and infrastructure construction in Cao Bang border-gate
economic areas, when renting land and/or water surface shall, besides the
exemption or reduction entitlements under the current regulations, enjoy 50%
land or water surface rent reduction as compared with the land or water surface
rent rates currently applied in the Cao Bang border-gate economic areas, in
conformity with the current regulations on determination of land or water
surface rent rates.
2. Preferences of tax on transfer of incomes
abroad and other taxes:
a- Regarding tax on transfer of incomes abroad:
Incomes earned by foreign investors from their
investment activities in the Cao Bang border-gate economic areas (including the
reimbursed income tax amount and the income earned from capital transfer), when
being transferred abroad or kept outside Vietnam, shall be subject to tax on
transfer of incomes abroad at the lowest tax rate of 5% in the tax bracket
prescribed by law.
b- Regarding other taxes:
Other taxes, fees and charges shall comply with
the current stipulations in the tax laws, the Law on Domestic Investment
Promotion (amended), the Law on Foreign Investment in Vietnam and other legal
documents.
3. The order and procedures for enjoying
investment preferences:
The order and procedures of applying for
investment preferences provided for in this Circular shall comply with the
current regulations on the order and procedures of applying for the land and
water surface rent preferences and tax preferences provided for in the current
documents on land and water surface rental, and on tax regime.
B. PROVISIONS ON DOMESTIC AND OVERSEAS CAPITAL
MOBILIZATION
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- The People’s Committee of Cao Bang province
shall, within its function, tasks and powers, be entitled to apply the
appropriate forms of mobilizing capital for construction of infrastructure
projects in Cao Bang border-gate economic areas, such as: issuance of lottery
of special kinds, issuance of project bonds under the Government’s permission or mobilization of public-utility
labor of the people... according to the current provisions of laws.
C. PROVISIONS ON MANAGEMENT OF THE STATE BUDGET
INVESTMENT CAPITAL FOR INFRASTRUCTURE CONSTRUCTION AND DEVELOPMENT IN CAO BANG
BORDER-GATE ECONOMIC AREAS
1. Drafting estimates of investment capital for
the Cao Bang border-gate economic areas:
Annually (in the 1999-2002 period), basing
itself on the State budget revenue estimates of the Cao Bang border-gate
economic areas, which have already been ratified by the People’s Council of Cao Bang province and agreed on by the
Ministry of Finance in the annual budget estimates of Cao Bang province, the
People’s Committee of Cao Bang
province shall propose the State capital amount to be annually channeled
through the provincial budget exclusively for the Cao Bang border-gate economic
areas (for every specific investment project, classified into groups and put in
priority order) to the Ministry of Planning and Investment and the Ministry of
Finance for consideration.
On the basis of State budget estimates of the
Cao Bang border-gate economic areas and at the proposal of the People’s Committee of Cao Bang province, as well as the
general balance of the annual State budget, the Ministry of Finance shall
determine the total State budget capital to be separately invested each year in
the Cao Bang border-gate economic areas which shall not be lower than 50% of
the total State budget revenues collected in the Cao Bang border-gate economic
areas. Such investment capital amount shall be allocated by the Ministry of
Finance to the People’s Committee of Cao
Bang province through the Finance and Pricing Department of Cao Bang province,
for investment in the Cao Bang border-gate economic areas.
The Ministry of Planning and Investment shall
reach an agreement with the Ministry of Finance on the investment capital for
each project of Group A and Group B, the total investment capital and other
relevant matters before issuing the decision to ratify the investment estimates
for the whole 1999-2002 period and the annual State budget investment capital
estimates allocated to Cao Bang province.
Basing itself on the Ministry of Planning and
Investment’s announcement on
each year’s investment capital
amount to be allocated from the Central Budget to the Cao Bang border-gate
economic areas, the People’s
Committee of Cao Bang province shall have to draft the estimates for the use of
investment capital in each quarter, then send it to the Ministry of Finance (on
the 20th day of the last month of the preceding quarter at the latest).
On the basis of the investment capital estimates
for the whole year and the estimates for quarterly use of capital drafted by
the locality and the Central Budget’s
capability at each point of time, the Ministry of Finance shall determine and
announce the quarterly estimates of capital allocation to the People’s Committee of Cao Bang province.
The capital amount invested by the State in the
Cao Bang border-gate economic areas through the provincial budget shall be
determined on the basis of the annual estimates of budget revenues to be
collected in the Cao Bang border-gate economic areas (excluding revenues not
assigned in the budget balance, such as school fees, hospital fees, aids,
people’s contributions,...) and
shall be revised in the following year on the basis of the preceding year’s actually collected amount which shall be
incorporated into the following year’s
investment capital estimates; the difference between the actually collected
amount and the estimated revenue at the beginning of the year shall be included
in the following year’s investment capital
estimates. Such investment capital shall be considered target support from the
Central Budget to the province and shall not be accounted in the spending tasks
of the local budget.
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According to the investment capital use
estimates for the whole year and each quarter already ratified, the Ministry of
Finance (the Central Budget) shall allocate capital to the approved investment
projects through Cao Bang province’s
budget.
All capital amounts allocated by the Central
Budget to the Cao Bang border-gate economic areas through the provincial budget
shall be used only for purpose of constructing infrastructure projects in the
Cao Bang border-gate economic areas according to the Cao Bang border-gate
economic areas’ master plan already
approved by the competent authority and shall have to be managed strictly
according to the current regulations on investment and construction.
The investment capital for the Cao Bang
border-gate economic areas through the provincial budget shall be collectively
reflected in the monthly budgetary reports and annual budgetary settlements of
the locality with a part separately recorded for investment projects in Cao
Bang border-gate economic areas (including capital source separately allocated
by the State budget and that mobilized by the province).
Quarterly, the province shall report to the
Ministry of Finance and the Ministry of Planning and Investment on the
implementation of construction investment, and capital allocation to each
project, and at the year’s end, report to the
Prime Minister (concurrently to the Ministry of Finance and the Ministry of
Planning and Investment) on the whole year’s
performance results.
3. The management, allocation and settlement of
investment capital for each project in the Cao Bang border-gate economic areas
shall comply with the current regulations of the State.
III.
IMPLEMENTATION ORGANIZATION
This Circular takes effect from January 1st,
1999. All previous stipulations on the financial regime already applied in the
Cao Bang border-gate economic areas, which are contrary to this Circular are
now annulled.
Domestic and foreign investors that have
invested in the Cao Bang border-gate economic areas before the effective date
of Decision No.171/1998/QD-TTg of September 9, 1998 of the Prime Minister
shall, as from the effective date of this Circular, be entitled to the
investment preferences provided for in this Circular.
Any problems arising in the course of
implementation shall be reported to the Ministry of Finance for study and
settlement.
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THE MINISTRY OF
FINANCE
Tran Van Ta