THE
MINISTRY OF FINANCE
-----
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
-----------
|
No:
59/2001/TT-BTC
|
Hanoi,
July 17, 2001
|
CIRCULAR
GUIDING THE IMPLEMENTATION OF FINANCIAL POLICIES APPLICABLE
TO THE BORDER-GATE ECONOMIC ZONES
In furtherance of the Prime Minister’s
Decision No.53/2001/QD-TTg of April 19, 2001 on policies toward the border-gate
economic zones, the Finance Ministry hereby guides the implementation of
financial policies applicable to the border-gate economic zones as follows:
Part I
SCOPE AND OBJECTS OF
APPLICATION
1. Scope of application:
According to the provisions of Article 5 of the
Prime Minister’s Decision No.53/2001/QD-TTg of April 19, 2001, this Circular
shall govern:
- The border-gate economic zones, which had been
established under separate decisions of the Prime Minister before the effective
date of Decision No.53/2001/QD-TTg.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The provisions of this Circular shall not apply
to Lao Bao Trade Zone (established under the Prime Minister’s Decision
No.219/1998/QD-TTg of November 12, 1998).
2. Objects of application:
This Circular shall apply to the following
objects:
2.1. The provinces and centrally-run cities
(hereinafter referred collectively to as the provinces) where exist border-gate
economic zones as defined in Section 1, Part I above;
2.2. Domestic investors of all economic sectors
and foreign investors conducting business activities (including infrastructure
construction, production, commercial business and service provision) in
border-gate economic zones;
2.3. Only business activities conducted in the
border-gate economic zones shall be eligible for the preferential policies
provided for in this Circular.
2.4. In cases where domestic and foreign
investors conduct business activities in the border-gate economic zones without
establishing economic legal persons therein, they shall have to separately
account the part of business activities conducted in such border-gate economic
zones, which shall serve as basis for determining the preferential regimes.
Part II
FINANCIAL PREFERENCES
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The annual amounts of actually collected State
budget revenues in the border-gate economic zones shall be invested back by the
central budget in the construction of infrastructure of such border-gate
economic zones at the following levels:
1. For border-gate economic zones established after
the effective date of Decision No.53/2001/QD-TTg, or those established under
separate decisions of the Prime Minister before the effective date of Decision
No.53/2001/QD-TTg, for which the preferential policies provided for in the
Prime Minister’s decisions on establishment of such border-gate economic zones
have been implemented for less than 5 years since the effective date of such
decisions:
- If the actually collected State budget revenue
in a border-gate economic zone is less than VND 50 billion each year, the
central budget shall invest back 100% of such amount;
- If the actually collected State budget revenue
in a border-gate economic zone is more than VND 50 billion each year, the
central budget shall invest back VND 50 billion plus 50% of the remaining
actually collected amount.
2. For border-gate economic zones established
before the effective date of Decision No.53/2001/QD-TTg, for which the
preferential policies provided for in the Prime Minister’s decisions on
establishment of such border-gate economic zones have been experimentally
implemented for more than 5 years since the effective date of such
establishment decisions:
- If the actually collected State budget revenue
in a border-gate economic zone is more than VND 100 billion each year, the
central budget shall invest back no more than 50% of such actually collected
amount.
The Finance Ministry shall determine the capital
amount to be invested back each year by the central budget in these border-gate
economic zones on the basis of proposals of the People’s Committees of the
provinces having border-gate economic zones and opinions of the Ministry of
Planning and Investment.
- If the actually collected State budget revenue
in a border-gate economic zone is less than VND 100 billion each year, the
central budget shall invest back at the following levels:
+ If the actually collected State budget revenue
in a border-gate economic zone is less than VND 50 billion each year, the
central budget shall invest back 100% of such amount;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- If these border-gate economic zones have basically
completed the investment in infrastructure construction under the planning, the
central budget shall terminate the back investment.
3. The annual amounts of actually collected State
budget revenue in border-gate economic zones, which serve as basis for
determining the level of back investment by the central budget according to the
provisions of Points 1 and 2 above, are the actually collected State budget
revenues arising in such border-gate economic zones, excluding: value added tax
and/or special consumption tax on imports; collected amounts not calculated
into the local budget balance such as contributions mobilized from population;
proceeds from sale of smuggled goods; school fees; hospital fees and other
revenues.
II. PREFERENCES FOR BUSINESS
PROJECTS IN BORDER-GATE ECONOMIC ZONES
1. Preferences for tourist projects:
According to the provisions of Point d, Clause
2, Article 2 of Decision No.53/2001/QD-TTg, projects on investment in tourist
business in border-gate economic zones shall be determined as those on the
investment promotion list specified in Article 15 of Law on Domestic Investment
Promotion (amended) No.03/1998/QH10 of May 20, 1998. Therefore, investors of
tourist business projects shall enjoy the investment preferences applicable to
projects on the investment promotion list specified in List A of the Appendix
to the Government’s Decree No.51/1999/ND-CP of July 8, 1999 detailing the
implementation of Law on Domestic Investment Promotion (amended)
No.03/1998/QH10.
This regulation shall apply only to investors
subject to the Law on Domestic Investment Promotion.
2. Preferences regarding land and water surface
rents:
According to the provisions of Clause 3, Article
2 of Decision No.53/2001/QD-TTg, domestic and foreign investors having
investment projects in border-gate economic zones shall enjoy land and/or water
surface rent preferences as follows:
2.1. Regarding land and water surface rent
rates:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.2. Regarding the regime of land and water
surface rent exemption and reduction: It shall apply according to the current
regulations.
3. Tax preferences:
According to the provisions of Clause 4, Article
2 of Decision No.53/2001/QD-TTg, investors that have investment projects in the
border-gate economic zones shall enjoy tax preferences according to the current
regulations.
Part III
MANAGEMENT AND USE OF
CAPITAL INVESTED BACK BY THE CENTRAL BUDGET IN BORDER-GATE ECONOMIC ZONES
I. ELABORATION OF PLANS ON
CAPITAL INVESTED BACK BY THE CENTRAL BUDGET
1. On the basis of the socio-economic
development planning of border-gate economic zones, the People’s Committees of
the provinces having such border-gate economic zones shall clearly determine
the demand for investment capital for construction of infrastructure of
border-gate economic zones, clearly specifying the list of projects that need
investment, level of preferential investment in each project, total investment
capital needed and investment capital for each project (clearly stating
investment capital source: from local budget, central budget that invests back
or borrowed capital source...), execution plan and tentative duration for
completion, then submit it to the Ministry of Finance and the Ministry of
Planning and Investment for monitoring and elaboration of plans on capital to
be invested back.
2. Annually, the People’s Committees of the
provinces having border-gate economic zones shall, upon drafting their local
budget estimates, have to estimate the State budget revenues to arise in their
border-gate economic zones according to the provisions of Point 3, Section 1 of
Part II, and estimate amounts of capital to be invested back by the central
budget at the levels specified at Points 1 and 2, Section 1 of Part II, then
submit them to the Ministry of Finance and the Ministry of Planning and
Investment.
3. Basing itself on the annual State budget
revenue estimates in border-gate economic zones, the Ministry of Finance shall
determine and notify the provincial People�s
Committees of the capital amounts to be invested back by the central budget in
border-gate economic zones at the levels specified at Points 1 and 2, Section 1
of Part II.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
II. USE OF CAPITAL SOURCE
INVESTED BACK BY THE CENTRAL BUDGET
1. In principle, the capital amounts invested
back by the central budget shall be used only for construction of
infrastructure in the border-gate economic zones. The capital amount separately
invested by the central budget to a border-gate economic zone is a targeted
subsidy from the central budget to the province. The provincial People’s
Committee shall have to use the capital amount separately invested by the
central budget to such border-gate economic zone for the right purpose. The
capital management and use must comply with the State’s regulations on
management of investment capital for capital construction.
2. Provincial People’s Committees may borrow
preferential loans from the Development Assistance Fund for construction of
infrastructure in their border-gate economic zones and shall be entitled to use
the source of capital invested back by the central budget to repay principal
and interest of the said loans.
3. In cases where the capital level invested
back by the central budget in a border-gate economic zone is low, not up to the
demand for investment in infrastructure construction in such zone, the
concerned provincial People’s Committee may take initiative in incorporating in
its annual budget plan a certain capital amount therefor.
4. In cases where the infrastructure in a
border-gate economic zone has already been invested in a fairly synchronous
manner, the concerned provincial People’s Committee may use the capital amount
invested back by the central budget to invest in infrastructure projects
outside the area of such border-gate economic zone, provided that these
projects are closely related to and in direct service of development of such
border-gate economic zone.
The president of the provincial People’s
Committee shall take initiative in deciding the investment, be responsible for
his/her decision and have to notify such to the Ministry of Finance and the
Ministry of Planning and Investment.
5. Periodically at the time of drafting annual
budget estimate, the Ministry of Finance shall assume the prime responsibility
and coordinate with the Ministry of Planning and Investment and the People’s
Committees of the provinces having border-gate economic zones in considering
and re-determining the tempo of capital use and demand for capital invested
back by the central budget. The central budget shall terminate the back
investment when border-gate economic zones have basically completed the
infrastructure construction under the planning.
III. ORDER, PROCEDURES AND
MODES OF ALLOCATION, THE REPORTING REGIME AND FINAL SETTLEMENT OF CAPITAL
INVESTED BACK BY THE CENTRAL BUDGET
1. The capital amount annually invested back by
the central budget in a border-gate economic zone shall be quarterly allocated
on the following basis:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Quarterly capital use plan elaborated and
submitted by the provincial People’s Committee to the Ministry of Finance;
- Actually collected State budget revenue in the
border-gate economic zone in the previous quarter.
Each quarter in the budget year (by the 20th day
of the last month of each quarter), basing itself on the already approved
annual estimate of capital to be invested back by the central budget and the
actually collected State budget revenue in the area of the border-gate economic
zone in the previous quarter, the provincial People Committee shall send to the
Ministry of Finance a proposal on investment capital level of the subsequent
quarter for the border-gate economic zone. At the province’s proposal, the
Ministry of Finance shall consider and allocate capital through the provincial
Finance and Pricing Service for subsequent transfer to projects on construction
of the border-gate economic zone’s infrastructure.
2. The capital amount invested back by the
central budget each year for the province shall be considered and readjusted in
the first quarter of the subsequent year. On the basis of the actually
collected State budget revenue in the border-gate economic zone in the previous
year, the capital amount to be invested back by the central budget at the
levels specified at Points 1 and 2, Section 2, Part II above shall be
determined. The difference between the amount to be allocated and the amount
already allocated by the central budget to the province according to the
estimate shall be readjusted as follows:
- If the capital amount to be allocated by the
central budget is higher than that already allocated according to the approved
estimate, the difference shall be additionally allocated by the central budget
to reach the level specified at Point 1 or Point 2, Section 1, Part II above.
- If the capital amount to be allocated by the
central budget is higher than that already allocated according to the approved
estimate, the difference shall be cleared against the amount to be allocated in
the subsequent year, in order to ensure that the allocated investment capital
reaches the level specified at Point 1 or Point 2, Section 1, Part II above.
3. For border-gate economic zones established
before the effective date of Decision No.53/2001/QD-TTg and having made the
2001 estimate of capital amount to be invested back by the central budget
determined according to the provisions of the Prime Minister’s decisions on
establishment of such border-gate economic zones, the allocation of investment
capital shall still comply with the approved estimate. The difference between
the amount allocated according to the approved estimate and the amount to be
invested back by the central budget in 2001 determined according to the levels
specified at Points 1 and Point 2, Section 1, Part II above shall be adjusted
in the first quarter of the following year.
The capital amount invested back by the central
budget in 2001 shall be determined according to the provisions of Points 1 and
2, Section 1, Part II above on the basis of the actually collected State budget
revenues arising in the border-gate economic zones since the effective date of
the Prime Minister’s Decision No.53/2001/QD-TTg of April 19, 2001 on policies
toward border-gate economic zones.
4. For border-gate economic zones established
after the effective date of Decision No.53/2001/QD-TTg, the provincial People’s
Committees shall work with the Ministry of Finance and the Ministry of Planning
and Investment on the capital demand and purposes of use of capital invested back
by the central budget in the establishing year. The Ministry of Finance shall
decide on the levels of capital to be invested back on the basis of the
agreement between the Ministry of Planning and Investment and the People’s
Committees of the provinces having border-gate economic zones.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6. The order, procedures and modes of
allocation, the reporting regime and investment capital settling regime shall
comply with the current regulations.
Part IV
ORGANIZATION OF
IMPLEMENTATION
1. This Circular takes effect as from the
effective date of Decision No.53/2001/QD-TTg (May 4, 2001).
2. This Circular replaces the Ministry of
Finance’s Circulars guiding the implementation of financial matters involved in
the Prime Minister’s decisions on establishment of border-gate economic zones.
3. For border-gate economic zones established
before the effective date of Decision No.53/2001/QD-TTg and having capital
amounts invested back by the central budget and allocated until the end of 2000
still lower than those determined according to the provisions of the Prime
Minister’s decisions on establishment of such border-gate zones, the Ministry
of Finance shall allocate the deficit amount in the subsequent year.
4. In the course of implementation, any arising
problems should be reported to the Ministry of Finance for consideration and
solution.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
APPENDIX 1
LIST OF ECONOMIC ZONES ALREADY ESTABLISHED AND
DURATIONS
FOR APPLICATION OF PILOT POLICIES UP TO THE EFFECTIVE
DATE OF DECISION No.53/2001/QD-TTg
(Issued together with the Ministry of Finance’s Circular No.59/2001/TT-BTC
of July 17, 2001)
Ordinal
number
Names of
border-gate economic zones
The Prime
Minister’s decisions
on establishment
of border-gate
economic zones
The MOF’s
Circulars guiding financial mechanisms for border-gate economic zones, which
now cease to be effective
Under-5 years
durations of application of pilot policies up to effective date of Decision
No.53/2001/ QD-TTg
Over-5 years
durations of application of pilot policies up to effective date of Decision
No.53/2001/ QD-TTg
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Mong Cai, Quang Ninh
- Decision No. 675/1996/ QD-TTg of September
18, 1996
Circular No. 18/1997/TT-BTC of April 9, 1997
++
- Decision No. 103/1998/ QD-TTg of June 4,
1998 adding policies to Decision No.675
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2
Lang Son
Decision No. 748/1997/ QD-TTg of September11,
1997
Circular No. 08/1998/TT-BTC of January 15,
1998
++
3
Lao Cai
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Circular No. 125/98/TT-BTC of September 9,
1998
++
4
Ha Tien, Kien Giang
Decision No. 158/1998/ QD-TTg of September 3,
1998
Circular No. 13/1999/TT-BTC of February 3,
1999
++
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Cau Treo, Ha Tinh
Decision No. 177/1998/ QD-TTg of September 15,
1998
Circular No.162/1998/TT-BTC of December 17,
++
6
Moc Bai, Tay Ninh
Decision No. 210/1998/ QD-TTg of October 27,
1998
Circular No. 02/1999/TT-BTC of January 5, 1999
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7
Bo Y, Kon Tum
Decision No. 06/1999/ QD-TTg of January 5,
1999
Circular No. 130/1999/TT-BTC of November 10,
1999
++