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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
22/2001/TT-BTC
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Hanoi,
April 03, 2001
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CIRCULAR
AMENDING THE FINANCE MINISTRY�S CIRCULAR No.
146/1999/TT-BTC OF DECEMBER 17, 1999, WHICH GUIDES THE TAX EXEMPTION AND
REDUCTION FOR SUBJECTS ENTITLED TO INVESTMENT PREFERENCES UNDER THE GOVERNMENT�S DECREE No. 51/1999/ND-CP OF JULY 8, 1999
DETAILING THE IMPLEMENTATION OF DOMESTIC INVESTMENT PROMOTION LAW No.
03/1998/QH10 (AMENDED)
Pursuant to the current tax laws and tax
ordinances;
Pursuant to the Governments Decree No.44/1998/ND-CP of June 29, 1998 on the
transformation of State enterprises into joint-stock companies;
Pursuant to the Governments Decree No.51/1999/ND-CP of July 8, 1999
detailing the implementation of Domestic Investment Promotion Law
No.03/1998/QH10 (amended);
Pursuant to the Governments Decree No.103/1999/ND-CP of September 10, 1999
on the assignment, sale, business contracting and lease of State enterprises;
The Ministry of Finance hereby guides the application of tax preferences to
subjects entitled to investment preferences under the Domestic Investment
Promotion Law as follows:
A. GENERAL PROVISIONS
I. This Circular shall apply to subjects
entitled to tax preferences under the Domestic Investment Promotion Law,
including:
1. State enterprises;
2. State enterprises transformed into
joint-stock companies under the Governments Decree No.44/1998/ND-CP of June 29,
1998 on the transformation of State enterprises into joint-stock companies;
3. State enterprises assigned to collectives of
laborers, sold to collectives, individuals or legal persons according to the
provisions of the Governments Decree No.103/1999/ND-CP of September 10, 1999;
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5. Private enterprises;
6. Cooperatives, unions of cooperatives;
7. Private, people-founded and semi-public
educational and training establishments; private and people-founded medical
establishments; and national culture establishments set up and operating
according to the provisions of law;
8. Enterprises of political organizations,
socio-political organizations and professional societies with business
registration made according to law provisions.
9. Business individuals and groups operating
under Decree No.66-HDBT of March 2, 1992 of the Council of Ministers and
individual business households with business registration made according to the
provisions of the Governments Decree No.02/2000/ND-CP of February 3, 2000 on business
registration;
10. Vietnamese citizens, overseas Vietnamese and
foreigners residing in Vietnam, who purchase stocks of and/or contribute
capital to, Vietnamese enterprises.
II. Subjects mentioned at Points 1, 2, 3, 4, 5,
6, 7, 8 and 9 of Section I above (referred collectively to as production and/or
business establishments), whose investment projects meet the conditions on
labor, business lines and trades, business domains and locations for investment
preferences and which have been granted investment preference certificates
shall be entitled to tax, land-use levy and land-rental preferences (referred
collectively to as tax preferences) under the guidance in Part B of this
Circular when:
- Their operations are in line with their
registered business lines and trades.
- They have already registered tax payment with
the tax authorities.
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B. TAX PREFERENCES
I. REGARDING ENTERPRISE INCOME
TAX RATES
1. Subjects of application:
Subjects mentioned at Points 1, 2, 3, 4, 5, 6,
7, 8 and 9, Section I, Part A of this Circular shall enjoy enterprise income
tax rate preferences prescribed in Article 20 of Decree No.51/1999/ND-CP
according to the following preferential tax rates:
2. Preferential enterprise income tax rates:
2.1. The tax rate of 25% for projects of
investment in the branches or trades prescribed on List A issued together with
Decree No.51/1999/ND-CP;
2.2. The tax rate of 25% for investment
projects, which are implemented in the regions defined on List B issued
together with Decree No.51/1999/ND-CP;
2.3. The tax rate of 20% for projects of
investment in the branches or trades prescribed on List A, which are
implemented in the regions defined on List B issued together with Decree
No.51/1999/ND-CP;
2.4. The tax rate of 20% for investment
projects, which are implemented in the regions defined on List C issued
together with Decree No.51/1999/ND-CP;
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If a production and/or business establishment
mentioned at Point 1, Section I, Part B of this Circular is, apart from the
business lines and trades entitled to enterprise income tax rate preference,
engaged in other business lines and trades, it shall have to monitor and
account the taxable incomes of business lines and trades entitled to
preferential tax rates separately from the taxable incomes of other business
lines and trades, and make separate declaration of enterprise income tax
payment strictly according to the tax rate set for each of the business lines
and trades, which it is engaged in. In cases where the said establishment fails
to monitor and separately account the taxable incomes of business lines and
trades, which are subject to different enterprise income tax rates, its total
income must be declared according to the highest enterprise income tax rate
being applied by such establishment under the provisions of the Law on
Enterprise Income Tax.
For production and/or business establishments,
which implement investment projects on production and/or business expansion or intensive
investment, the preferential enterprise income tax rates mentioned at Point 2,
Section I, Part B of this Circular shall apply throughout the period during
which the investment projects are entitled to enterprise income tax exemption
or reduction and only to the increased income amount brought about by such
investment. After this period, the total income amount from the implementation
of investment projects on production and/or business expansion or intensive
investment must be declared according to the tax rates specified in the Law on
Enterprise Income Tax.
II. EXEMPTION OR REDUCTION
DURATION AND LEVELS FOR VARIOUS KINDS OF TAX
1. Regarding enterprise income tax
1.1. For investment projects on setting up new
production and/or business establishments:
a/ Subjects of application:
Production and/or business establishments newly
set up under investment projects, State enterprises transformed into
joint-stock companies under the Government�s
Decree No.44/1998/ND-CP of June 29, 1998, State enterprises assigned to
collectives of laborers and State enterprises sold to collectives, individuals
or legal persons under the Government�s
Decree No.103/1999/ND-CP of September 10, 1999 shall enjoy enterprise income
tax exemption or reduction as prescribed in Article 21 of Decree
No.51/1999/ND-CP for the durations and at the levels below:
b/ Tax exemption and reduction durations and
levels:
- 2-year exemption, after taxable income is
generated, and 50% reduction of the payable tax amount for two subsequent
years, for projects that meet one of the conditions prescribed in Article 15 of
Decree No.51/1999/ND-CP.
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- 3-year exemption, after taxable income is
generated, and 50% reduction of the payable tax amount for five subsequent
years, for projects of investment in the branches or trades defined on List A,
which are implemented in the regions defined on List B issued together with
Decree No.51/1999/ND-CP.
- 3-year exemption, after taxable income is
generated, and 50% reduction of the payable tax amount for seven subsequent
years, for projects that meet both conditions prescribed in Article 15, which
are implemented in the regions defined on List B issued together with Decree
No.51/1999/ND-CP.
- 4-year exemption, after taxable income is
generated, and 50% reduction of the payable tax amount for seven subsequent
years, for projects of investment in the branches or trades defined on List A,
which are implemented in the regions defined on List C issued together with
Decree No.51/1999/ND-CP.
- 4-year exemption, after taxable income is
generated, and 50% reduction of the payable tax amount for nine subsequent
years, for projects that meet both conditions prescribed in Article 15, which
are implemented in the regions defined on List C issued together with Decree
No.51/1999/ND-CP.
The above-mentioned preferential tax exemption
or reduction levels shall apply only to the taxable income amount of the
business lines and trades entitled to investment preferences. In cases where
production and/or business establishments fail to separately account the
taxable income amounts of the business lines and trades entitled to investment
preferences, the taxable income amount entitled to tax exemption or reduction
shall be determined as a percentage of the turnover of the business lines and
trades eligible for investment preferences over the total turnover of the
concerned production and/or business establishments.
For production and/or business establishments
newly set up under investment projects, which have the taxable incomes right
from the year of completion of investment and commencement of production and
business, but the time for their production and/or business activities in the
first year is less than 6 months, such enterprises may register the enterprise
income tax exemption or reduction durations with the local tax authorities
starting from the following year.
For production and/or business establishments,
which are operating and implementing investment projects on setting up new
production and/or business establishments eligible for investment preferences,
the enterprise income tax preferences shall be effected as follows:
- If the newly-set up production and/or business
establishments are the units that have been granted business registration
certificates, conduct cost-accounting of their business results and make
enterprise income tax registration, declaration and payment with the local tax
authorities, such units may enjoy the enterprise income tax exemption and
reduction durations and levels as guided at Point 1.1.b, Section II, Part B of
this Circular;
- If the newly-set up production and/or business
establishments are dependent cost-accounting units, which register, declare and
pay enterprise income tax at the principal production and/or business
establishments, the enterprise income tax exemption or reduction durations and
levels shall apply to the principal production and/or business establishments
under the guidance at Point 1.2, Section II, Part B of this Circular.
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1.2. For investment projects on production
and/or business expansion or intensive investment:
a/ Subjects of application:
Production and/or business establishments, which
implement investment projects on production and/or business expansion or
intensive investment in the branches or trades defined on List A of Decree
No.51/1999/ND-CP shall enjoy enterprise income tax exemption or reduction for
the increased income amount brought about by such investment under the
provisions of Article 23 of Decree No.51/1999/ND-CP according to the following
preferential durations and levels:
b/ Preferential durations and levels:
- 1-year exemption and 50% reduction of the
payable tax amount for four subsequent years;
- 3-year exemption and 50% reduction of the
payable tax amount for five subsequent years, for investment projects, which
are implemented in the regions defined on List B issued together with Decree
No.51/1999/ND-CP.
- 4-year exemption and 50% reduction of the
payable tax amount for seven subsequent years, for investment projects, which
are implemented in the regions defined on List C issued together with Decree
No.51/1999/ND-CP.
The tax exemption or reduction durations for
investment projects on production and/or business expansion or intensive
investment shall be determined by either of the following two methods:
- Calculating from the year when the investment
project is completed and put into production and/or business;
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For investment projects implemented for over 1
year and divided into different investment items, the concerned production
and/or business establishments may calculate the enterprise income tax
exemption and reduction duration for each investment item that has already been
completed and put into production and/or business or for the whole investment
projects that have been completed and put into production and/or business.
Basing themselves on the situation on
implementation of investment projects and the tax exemption or reduction
durations mentioned above, the production and/or business establishments shall
register with the tax authorities the specific tax exemption or reduction
durations for their own units. The written registrations of tax exemption or
reduction durations shall be made and sent to the tax authorities together with
the copies of investment preference certificates.
Production and/or business establishments shall
have to separately account the increased income amount brought about by their
investment in order to determine the to be-exempted or -reduced enterprise
income tax amount. Where they fail to separately account the increased income
amount brought about by their investment in the production and/or business
expansion or intensive investment, the increased taxable income amount shall be
determined as a percentage of the value of the newly invested fixed assets put
into use over the total remaining value of the fixed assets (including the value
of the newly invested assets put into use) at the time of considering tax
exemption or reduction.
1.3. Regarding BOT and BTO projects:
a/ Subjects of application:
Production and/or business establishments, which
have been newly set up from investment projects implemented in the form of
Build-Operate-Transfer (BOT) or Build-Transfer-Operate (BTO) contracts, shall
enjoy enterprise income tax preferences under the provisions of Article 22 of
Decree No.51/1999/ND-CP with the following preferential duration and level:
b/ Preferential duration and level:
4-year exemption, after taxable income is
generated, and 50% reduction, of the payable tax amount for nine subsequent
years, for the income amount arising from the implementation of investment
projects in forms of BOT and BTO, for production and/or business establishments
mentioned at Point 1.3.a, Section II, Part B of this Circular.
If, in addition to the income from BTO or BOT
projects, production and/or business establishments earn incomes from other
production and/or business activities, they shall have to account separately
the business results of each activity in order to implement the preferential
tax regime and declare tax payment as prescribed specifically for each of their
business activities.
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Production and/or business establishments, which
have been newly set up from investment projects or which implement investment
projects on production and/or business expansion or intensive investment in the
branches or trades defined on List A or in the regions defined on List B or C
issued together with Decree No.51/1999/ND-CP shall enjoy additional enterprise
income tax exemption according to the provisions of Article 24 of Decree
No.51/1999/ND-CP.
1.5. Additional enterprise income tax
preferences for export goods-manufacturing and/or trading establishments:
a/ Subjects of application:
The export goods-manufacturing and/or -trading
establishments entitled to investment preferences shall, in addition to the
enterprise income tax preferences provided for in Articles 20, 21, 22, 23 and
24 of Decree No.51/1999/ND-CP, enjoy additional enterprise income tax
preferences prescribed in Article 27 of Decree No.51/1999/ND-CP for the
durations and at the levels below:
b/ Preferential durations and levels:
b.1. 50% reduction of the payable tax amount on
the income generated in the following cases:
+ First-year export by the mode of direct
export;
+ First-year export of new commodities with
economic, technical and utility properties different from those of the
commodities already exported by the enterprises;
+ First-year export to a new market of a foreign
country or a territory other than the old market.
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b.3. 20% reduction of the tax amount to be paid
for the income generated from export in the fiscal year in the following cases:
+ The export turnover represents over 50% of the
total turnover;
+ The export market is maintained stably in
terms of the quantity or value of export goods for 3 previous years in a row.
b.4. Another 25% reduction of the tax amount to
be paid for the income generated from export in the fiscal year, for production
and/or business establishments which enjoy tax preferences under the guidance
at Items b.1, b.2 and b.3 of this Point, provided that the investment projects
are implemented in the regions defined on List B issued together with Decree
No.51/1999/ND-CP.
b.5. Exemption of the whole enterprise income
tax amount to be paid for the income generated from export in the fiscal year,
for production and/or business establishments which enjoy tax preferences under
the guidance at Items b.1, b.2 and b.3 of this Point, provided that the
investment projects are implemented in the regions defined on List C issued
together with Decree No.51/1999/ND-CP.
In order to have basis for the application of
additional enterprise income tax preference levels as guided at Point 1.5,
Section II, Part B of this Circular, the export goods-manufacturing and/or
-trading establishments shall have to separately account the income amount
eligible for preferences for each of the above-mentioned cases. Where such
income amount cannot be accounted separately, it shall be determined as a
percentage of the export turnover over the total turnover of the concerned
production and/or business establishment.
2. Regarding land-use tax:
2.1. Subjects of application:
Production and/or business establishments
assigned land by the State for implementation of investment projects entitled
to investment preferences shall enjoy exemption or reduction of land-use tax
(including agricultural land-use tax and housing and land tax) prescribed in
Article 19 of Decree No.51/1999/ND-CP for the durations and at the levels
below:
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a/ Production and/or business establishments assigned
land by the State for implementation of investment projects in the branches or
trades defined on List A issued together with Decree No.51/1999/ND-CP shall
enjoy land-use tax exemption or reduction as from the time they are assigned
land as follows:
- 50% reduction of land-use tax for seven years,
for projects of investment in the branches or trades defined in Section II of
List A issued together with Decree No.51/1999/ND-CP;
- Exemption of land-use tax throughout the
project implementation duration, for projects of investment in the branches or
trades defined in Section I of List A issued together with Decree
No.51/1999/ND-CP.
b/ Production and/or business establishments
assigned land by the State for implementation of investment projects in the regions
defined on List B issued together with Decree No.51/1999/ND-CP shall enjoy
land-use tax exemption as from the time they are assigned land as follows:
- 7-year exemption, for projects in the regions
defined in Section II of List B issued together with Decree No.51/1999/ND-CP.
- 10-year exemption, for projects in the regions
defined in Section I of List B issued together with Decree No.51/1999/ND-CP.
c/ Production and/or business establishments
which are assigned land by the State for implementation of investment projects
in the regions defined on List B issued together with Decree No.51/1999/ND-CP
and, at the same time, meet the conditions prescribed in Article 15 of Decree
No.51/1999/ND-CP shall enjoy land-use tax exemption as from the time they are assigned
land as follows:
- 11-year exemption, for investment projects in
the branches or trades defined on List A issued together with Decree No. 51/
1999/ND-CP;
- 15-year exemption, for projects that fully
meet two conditions prescribed in Clauses 1 and 2, Article 15 of Decree No.
51/1999/ND-CP .
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- 11-year exemption, for projects in the regions
defined in Section II of List C issued together with Decree No.51/1999/ND-CP.
- 15-year exemption, for projects in the regions
defined in Section I of List C issued together with Decree No.51/1999/ND-CP.
- Exemption of land-use tax throughout the
project implementation duration, for investment projects in the branches or
trades defined on List A, which are implemented in the regions defined on List
C, issued together with Decree No.51/1999/ND-CP.
Annually, within the land-use tax preferential
duration, the concerned production and/or business establishments must
determine by themselves and account into their production and/or business costs
the payable land-use tax amounts after subtracting the exempted or reduced
land-use tax amounts at the levels guided at Point 2.2, Section II, Part B of
this Circular.
3. Regarding import tax
3.1. Subjects of application:
Production and/or business establishments which
implement projects of investment in the branches or trades defined on List A or
in the regions defined on List B and List C, issued together with Decree
No.51/1999/ND-CP, shall be exempt from import tax on equipment and machinery
imported for the creation of fixed assets as prescribed in Article 26 of Decree
No.51/1999/ND-CP at the following preferential levels.
3.2. Preferential levels:
Equipment and machinery imported to create fixed
assets, which cannot be produced in the country or may be produced in the
country but fail to meet the quality requirements shall be exempt from import
tax, including:
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- The special-use transport means for carrying
workers.
To be exempt from import tax, the
above-mentioned special-use equipment, machinery and transport means must be
accepted by the agencies competent to decide investment preferences, and be
registered with the border-gate customs offices for implementation.
4. Regarding tax on the transfer of profit
(income) abroad:
4.1. Subjects of application:
Overseas Vietnamese, foreigners residing in
Vietnam and other foreigners who make capital contribution or purchase stocks
in Vietnam, when transferring their lawful incomes abroad shall enjoy
preferences regarding tax on the transfer of profit (income) abroad, as
provided for in Clause 4, Article 1 of Decree No.51/1999/ND-CP at the following
preferential levels:
4.2. Preferential levels:
To pay a tax amount representing 5% of the
lawful income amount transferred abroad.
The method of determining the payable tax amount
and the tax payment procedures shall comply with Section V, Part C of Circular
No.99/1998/TT-BTC of July 14, 1998 of the Finance Ministry.
5. Regarding income tax for high-income earners
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III. EXEMPTION AND REDUCTION OF
LAND-USE LEVY
1. Subjects of application:
Production and/or business establishments
assigned land by the State to conduct production and/or business activities
shall enjoy land-use levy exemption or reduction prescribed in Article 17 of
Decree No.51/1999/ND-CP at the following preferential levels.
2. Preferential levels:
a/ 50% reduction of land-use levy, for
investment projects in the branches, trades or domains defined on List A of the
Appendix to Decree No.51/1999/ND-CP;
b/ 75% reduction of land-use levy, for
investment projects implemented in the regions defined on List B of the
Appendix to Decree No.51/1999/ND-CP;
c/ Exemption of land-use levy in the following
cases:
- The investment projects fall into the
branches, trades or domains defined on List A and are implemented in the
regions defined on List B of the Appendix to Decree No.51/1999/ND-CP;
- The investment projects are implemented in the
regions defined on List C of the Appendix to Decree No.51/1999/ND-CP;
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IV. LAND-RENTAL EXEMPTION AND
REDUCTION
1. Subjects of application:
Production and/or business establishments leased
land by the State to conduct production and/or business activities shall enjoy
land-rental preferences prescribed in Article 18 of Decree No.51/1999/ND-CP
with the following preferential durations and levels.
2. Preferential durations and levels:
a/ Production and/or business establishments
leased land by the State for implementation of investment projects on
production and/or business activities, if the investment projects meet the
conditions prescribed in Article 15 of Decree No.51/1999/ND-CP, shall enjoy
land-rental exemption after the signing of the land-rent contracts as follows:
- 3-year exemption, for investment projects
which meet one of the conditions prescribed in Article 15 of Decree
No.51/1999/ND-CP;
- 6-year exemption, for investment projects
which meet both conditions prescribed in Article 15 of Decree No.51/1999/ND-CP;
b/ Production and/or business establishments
leased land by the State for implementation of investment projects on
production and/or business activities in the regions defined on List B issued
together with Decree No.51/1999/ND-CP shall enjoy land-rental exemption after
signing the land-rent contracts as follows:
- 7-year exemption, for projects in the regions
defined in Section II of List B issued together with Decree No.51/1999/ND-CP;
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c/ Production and/or business establishments
leased land by the State for implementation of investment projects on
production and/or business activities, if the investment projects are
implemented in the regions defined on List B issued together with Decree
No.51/1999/ND-CP, and concurrently meet the conditions prescribed in Article 15
of the said Decree, shall enjoy land-rental exemption after the signing of the land-rent
contracts as follows:
- 11-year exemption, for projects of investment
in the branches or trades defined on List A issued together with Decree
No.51/1999/ND-CP;
- 13-year exemption, for investment projects
which concurrently meet 2 conditions prescribed in Clauses 1 and 2, Article 15
of Decree No.51/1999/ND-CP;
d/ Production and/or business establishments
leased land by the State for implementation of investment projects on
production and/or business activities, if the investment projects are implemented
in the regions defined on List C issued together with Decree No.51/1999/ND-CP
shall enjoy land-rental exemption after the signing of the land-rent contracts
as follows:
- 11-year exemption, for projects in the regions
defined in Section II of List C issued together with Decree No.51/1999/ND-CP;
- 15-year exemption, for projects in the regions
defined in Section I of List C issued together with Decree No.51/1999/ND-CP;
- Exemption of land rentals throughout the
implementation duration, for projects of investment in the branches or trades
defined on List A, which are implemented in the regions defined on List C
issued together with Decree No.51/1999/ND-CP;
Annually, during the land-rental preferential
time-limit, the production and/or business establishments shall have to
determine by themselves and account into their production and/or business costs
the land rental amounts payable to the State budget, after deducting the
preferential amounts at the levels prescribed at Point 2, Section IV, Part B of
this Circular.
C. ORGANIZATION OF
IMPLEMENTATION
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1. After being granted investment preference
certificates, production and/or business establishments that implement investment
projects eligible for tax preferences under this Circulars guidance shall have
to send valid copies of their investment preference certificates to the tax
authorities directly managing tax collection within 10 working days after the
issuance of the investment preference certificates, which shall serve as basis
for the application of tax preferences to the establishments in strict
compliance with the provisions in Article 37 of Decree No.51/1999/ND-CP;
Annually, basing themselves on the granted
investment preference certificates, production and/or business establishments
shall determine by themselves the preferential tax amounts as well as the
amounts payable to the State budget, make periodical declaration and remittance
thereof to the State budget and conduct the final account settlement with the
tax authorities according to current regulations.
2. Particularly for production and/or business
establishments, which are entitled to tax preferences under the guidance at
Point 3, Section II and Section III, Part B of this Circular, the order and
procedures for tax preferences shall be effected as follows:
- For production and/or business establishments
entitled to tax preferences under the guidance at Point 3, Section II, they
shall have to send applications and copies of their investment preference
certificates together with the economic-technical expositions on the list of
special-use machinery, equipment and transport means (included in the
technological lines) as well as transport means used specifically for carrying
workers to the customs offices at the border gates where the establishments
actually import goods. The customs offices at the border gates through which
the establishments import machinery, equipment and transport means shall effect
the import tax exemption for each actual importation by such establishments (in
case of entrusted import, the entrusted importing establishments shall submit
the above-said dossiers together with the import entrustment contracts to the
customs offices).
- For production and/or business establishments
entitled to tax preferences under the guidance in Section III, the dossier and
competence for consideration of land-use levy exemption or reduction shall
comply with the guidance in the Finance Ministrys Circular No.115/2000/TT-BTC
of December 11, 2000, which guides the implementation of the Governments Decree
No.38/2000/ND-CP of August 23, 2000 on the collection of land-use levy.
3. In the course of project implementation, if
production and/or business establishments fail to fully meet the conditions for
tax preferences at the already registered levels due to objective or subjective
causes, they shall have to notify such in writing to the agencies which have
granted them investment preferences within 30 days after the projects are no
longer eligible for such investment preferences as prescribed so that the
latter may adjust the investment preference certificates to suit the practical
conditions therefor.
4. Production and/or business
establishments that commit acts of fraudulence to enjoy tax preferences under
the Domestic Investment Promotion Law or that fail to report changes in their
investment conditions shall have to pay compensation for any arising loss and
refund the tax preferences which they have enjoyed. Besides, depending on the
seriousness of their violations, such production and/or business establishments
shall also be administratively sanctioned or examined for penal liability
according to law provisions.
II. REGARDING TAX-COLLECTING
BODIES
1. Tax-collecting bodies (including tax
authorities and customs offices, which, hereinafter, are referred to as tax
authorities) shall base themselves on the tax preferences clearly stated in the
investment preference certificates to determine the exempted or reduced tax amounts
for production and/or business establishments that have fulfilled the
obligations guided in Part A of this Circular and sent to the tax authorities
valid copies of their investment preference certificates together with other
necessary papers as guided in Part B of this Circular.
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Annually, when making final tax settlement, the
tax authorities shall have to officially determine the tax preferences which
the production and/or business establishments enjoy investment preferences; as
well as the amounts they still have to pay to the State budget, and notify them
thereof so that they fully pay the outstanding amounts within the prescribed
time-limits; or any amounts paid in excess of the amounts inscribed in the tax
authorities notices for deduction from the amounts payable in the subsequent
period.
3. In the course of inspecting the tax
settlement, if detecting that production and/or business establishments have
committed acts of falsely declaring or evading tax, the tax authorities must
not settle the tax preferences for such production and/or business
establishments. The tax authorities shall have to fully collect tax arrears
from the production and/or business establishments and apply sanctioning
measures as prescribed by law.
4. Tax authorities of different levels
shall have to open dossiers and books to monitor and archive all documents
related to tax preferences under the guidance in this Circular. Annually, the
tax authorities shall have to report to the Finance Ministry (the General
Department of Tax) on the subjects eligible for investment preferences under
the Domestic Investment Promotion Law, the tax amounts and State budget
revenues which have actually been exempted or reduced, together with the
reports on the State budget revenues in the year in the localities.
5. Tax and customs officials or other
individuals who abuse their positions and powers to deliberately act in
contravention of the provisions of Decree No.51/1999/ND-CP and guidance in this
Circular, thus causing loss to the State budget shall, depending on the
seriousness of their violations, be disciplined, administratively sanctioned or
examined for penal liability according to the provisions of law.
III. IMPLEMENTATION EFFECT
1. Production and/or business establishments
which have been enjoying preferences under the Domestic Investment Promotion
Law before June 22, 1994 or under the Governments Decree No.07/1998/ND-CP of
January 15, 1998 detailing the implementation of the Domestic Investment
Promotion Law shall continue enjoying investment preferences till the end of
the remaining period according to their investment preference certificates. The
profit tax preferences inscribed in the investment preference certificates
shall be converted into the enterprise income tax preferences as from January
1, 1999. The turnover tax preferences inscribed in the investment preference
certificates shall be effected till the end of December 31, 1998.
2. For projects with investment preference
certificates granted under the Domestic Investment Promotion Law before June
22, 1994 or under the Governments Decree No.07/1998/ND-CP of January 15, 1998
detailing the implementation of the Domestic Investment Promotion Law, which
are entitled to the additional preferences on land-use tax, land-use levy, land
rentals, enterprise income tax or import tax prescribed in Decree
No.51/1999/ND-CP, if they are granted certificates of additional investment
preferences by the competent agencies, they shall enjoy such preferences only
for the remaining preferential period after Decree No. 51/1999/ND-CP takes
effect.
3. Production and/or business establishments,
which enjoy tax preferences according to the provisions in Decree No.51/1999/ND-CP,
if having any changes in their conditions for preferences, shall have to notify
such to the competent agencies for consideration, adjustment, supplement or
termination of preferences before schedule in strict compliance with the
provisions in Article 34 of Decree No.51/1999/ND-CP.
4. In case of the change of owners (or
managers) of the projects which are entitled to tax preferences under the
guidance in this Circular, the new owners (or managers) shall continue enjoying
the preferential tax levels already inscribed in the tax preference
certificates for the remaining duration of the projects and have to fulfill the
obligations of the former owners (or managers).
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For investment projects which have been granted
investment preference certificates and given the preferential tax levels under
the guidance in Circular No. 146/1999/TT-BTC , if such preferential levels fail
to comply with the guidance in this Circular, thereby affecting the investors
interests, the tax authorities shall consider to permit these investment
projects to enjoy the preferential tax levels provided for in this Circular for
the remaining preferential period after this Circular takes effect.
Regarding tax preferences already applied to
investment projects before the effective date of this Circular, if the
preferential levels fail to conform with the ones provided for in this
Circular, the retrospective tax collection or reimbursement shall not be
effected.
FOR THE FINANCE MINISTER
VICE MINISTER
Vu Van Ninh