THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 30/1998/ND-CP
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Hanoi, May 13, 1998
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DECREE
DETAILING THE IMPLEMENTATION OF THE LAW ON ENTERPRISE INCOME
TAX
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law No. 03/1997/QH9 on Enterprise Income Tax of May 10, 1997;
At the proposal of the Minister of Finance,
DECREES:
Chapter I
SCOPE OF APPLICATION OF
THE ENTERPRISE INCOME TAX
Article 1.-
Organizations and individuals engaged in goods production and trading and/or
service provision with incomes subject to enterprise income tax include:
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2. Vietnamese individuals engaged in goods
production and trading and/or service provision, including:
a/ Individual business people and groups of
business people;
b/ Households;
c/ Independent professionals: medical doctors,
lawyers, accountants, auditors, painters, architects, musicians, and others;
d/ Individuals leasing such property as houses,
land, means of transport, machinery and equipment or other kinds of property;
e/ Peasant households and individuals engaged in
cultivation, husbandry and aquaculture with a commercial goods value of over 90
million VND/year and an income of over 36 million VND/year, shall have to pay
enterprise income tax on income in excess of 36 million VND/year.
3. Foreign companies conducting business
activities through their permanent establishments in Vietnam.
Foreign companies' permanent establishments in
Vietnam are business establishments through which foreign companies conduct
some or all of their income-generating business activities in Vietnam. Foreign
companies' permanent establishments take the following forms:
a/ Branches, executive offices, factories,
workshops, goods delivery warehouses, means of transport, mines, oil or gas
fields, natural resource exploration and exploitation sites or equipment and
facilities used for natural resource exploration;
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c/ Service provision establishments, including
consultancy services provided by their employees or other objects;
d/ Foreign companies' agents;
e/ Representatives in Vietnam in the following
cases:
- They are competent to sign contracts in the
names of the foreign companies.
- They are not competent to sign contracts in
the names of the foreign companies but regularly conduct goods delivery or
provide services in Vietnam.
In cases where the double taxation avoidance
agreements signed by the Socialist Republic of Vietnam otherwise provide for
the permanent establishments, such agreements shall apply.
4. Foreign business people with incomes
generated in Vietnam.
Article 2.- Non-payers
of enterprise income tax include households, individuals, cooperation groups,
agricultural cooperatives with incomes from cultivation, husbandry and
aquaculture products, with the exception of peasant households and individual
as defined in Clause 2, Article 1 of this Decree.
Chapter II
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Article 3.- The turnover
for calculating taxable income under Article 8 of the Law on Enterprise Income
Tax are specified as follows:
1. For goods or services which are sold or provided
by production and/or business establishments, it shall be the total sum earned
from the goods sale and/or service provision, including price subsidies,
surcharges and extra amounts earned by such production and/or business
establishments. If the production and/or business establishments pay
value-added tax directly on the added value, the turnover for calculating
incomes shall also include the value-added tax.
2. For goods sold by installment payment, it
shall be the turnover of the sold goods calculated according to the selling
price paid in lump sum, excluding interests on deferred payment.
3. For goods and services used for exchange, as
gifts or donations, it shall be calculated according to the selling prices of
products, goods and services of the same or similar kinds at the time of the
exchange, gift giving or donation.
4. For products for self-usage, it shall be the
production costs of such products.
5. For goods processing, it shall be the
earnings from the processing, including labor wages, costs of fuel, power,
auxiliary materials and other costs in service of the goods processing.
6. For property leasing activities, it shall be
the rentals collected in each period according to the leasing contracts. In
cases where the lessees pay rentals in advance for several months or several
years, the turnover shall be the total sum of money collected.
7. For credit activities, it shall be the
interests on loans actually collected in the tax calculation period.
8. For other activities, it shall be stipulated
by the Ministry of Finance.
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1. Depreciation of immovable property used in
production and business activities. The immovable property depreciation levels
shall be prescribed by the Ministry of Finance.
2. Costs of raw materials, materials, fuel,
energy and goods actually used in production, business and/or services related
to the turnover and taxable incomes in a given period, which shall be
calculated according to the reasonable waste norms and the actual ex-warehouse
prices.
3. Salaries, wages, and other payments of the
salary or wage nature to be paid to laborers, mid-shift meal allowances:
a/ Salaries, wages and other payments of the
salary or wage nature to be paid to laborers in State enterprises in accordance
with current regulations.
b/ Salaries, wages and other payments of the
salary or wage nature to be paid to laborers in other business establishments
according to labor contracts. For business establishments which have not yet
applied the labor contract regime, salaries, wages and other payments of the
salary or wage nature to be paid to laborers shall be accounted into the costs
for calculating taxable income on the basis of the business line's average
salary and wage levels in the localities.
The following expenses shall not be accounted
into the expenses for salaries and wages:
- Salaries and wages of private enterprise owners
or heads of production, business and/or service households.
- Salaries and wages of founding members of
companies who do not directly run production, business or service activities.
c/ Expenses for laborers' mid-shift meals.
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5. Expenses for services purchased from outside:
electricity, water, telephone, repair of immovable property, rentals of
immovable property, auditing, property insurance, expenses for use of technical
documents, patents, technology permits which are not regarded as immovable
property, technical services.
6. Payments for women laborers as prescribed by
law; labor protection expenses, security expenses; deductions for the social
insurance and contributions to health insurance funds falling under the
responsibility of labor-employing business establishments; trade union's
budgets; deductions for forming the financial source to cover the high-level
managerial costs as prescribed.
7. Payments of interests on the capital borrowed
for production, business and service provision from banks, credit institutions
at the actual interest rates; payments of interests on loans borrowed from
other objects at the actual interest rates which, however, must not exceed the
ceiling interest rate set by the State Bank of Vietnam applicable to credit
institutions.
8. Deductions for setting up the reserves for
the price decrease of unsold goods, for the price decrease of securities in
financial activities and for bad debts.
9. Severance allowances for laborers as
prescribed by law.
10. Expenses for the sale of goods and/or
provisions of services including: expenses for packaging, transport, portage,
warehouse, storing yard, product warranty.
11. Expenses for advertisements, marketing and
sales promotion directly related to the production, business and service
activities as well as other expenses which must not exceed the maximum level of
seven per cent of the total expenses. For commercial activities, the total
expenses used for determining such maximum level shall exclude the purchasing
prices of sold goods.
The Ministry of Finance shall guide the maximum level
for this expense appropriate to each business line.
12. Payable taxes, fees, charges and land
rentals related to the production, business and service activities (except for
the enterprise income tax), including:
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- Road fees, bridge tolls and ferry tickets,
airport charges, title-deed fees;
- Land rentals.
13. Business management costs allocated by
foreign companies to their permanent establishments in Vietnam according to the
proportion of the turnover of the permanent establishments to the total
overseas turnover of their respective companies.
Article 5.- Turnovers
and reasonable expenses shall be recorded in Vietnam dong in the accounting
books of business establishments. In cases where a turnover or expenditure is
made in a foreign currency, it must be converted into Vietnam dong at the
exchange rate announced by the State Bank of Vietnam at the time of the foreign
currency collection or spending.
Article 6.- The
following expenditures shall not be accounted into the reasonable expenses:
1. Advance deductions to cover expenses but actually
not spent, such as advance deductions to pay fees of overhaul, commercial goods
or construction work warranty, and other advance deductions;
2. Expenditures without vouchers or with
unlawful vouchers;
3. Fines such as fines on breaches of contracts,
fines on violations of traffic rules, fines on violations of the business
registration regulations, fines on violations of accounting and statistic
regulations, fines on tax-related administrative violations and other fines;
4. Expenditures not related to turnovers and
taxable income such as expenditures on capital construction investment,
financial support for localities, mass organizations, social organizations,
expenditures for charity purpose and others not related to turnovers and
taxable income;
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Article 7.- Other
taxable incomes include:
1. Differences between the purchase and sale of
securities;
2. Income from the rights to property ownership
or use;
a/ Income from the lease of property;
b/ Income from the intellectual property rights;
c/ Other income from the rights to property
ownership or use.
3. Profits from the transfer or liquidation of
property.
4. Interests on deposits or loans.
5. Differences earned from the sale of foreign
currency(ies).
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7. Bad debts already written off from the
accounting books but now recovered.
8. Amounts payable to unidentified creditors.
9. Previous years' omitted income from
production, business and service but now discovered.
10. Incomes earned from overseas production,
business and service activities.
For incomes for which income tax has been paid
abroad, the business establishments shall have to determine the amounts of
pre-tax overseas incomes so as to calculate the enterprise income tax.. When
determining the income tax for the whole year, the income tax already paid
abroad shall be subtracted. However, the subtracted tax amount must not exceed
the income tax on income received from abroad, calculated according to the Law
on Enterprise Income Tax.
11. Income related to the sale of goods and
provisions of services not yet included in the turnovers, after subtracting
expenses for the generation of such income as prescribed by the Ministry of
Finance.
12. Other incomes.
Article 8.- For incomes
earned from shares or capital contributions to joint ventures or economic
cooperation (after tax), business establishments shall not have to pay
enterprise income tax on such income but they must be included into the
after-tax income for determining the income surtax.
Income from oil and gas business activities
shall comply with the Government's stipulations.
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1. The universal tax rate is 32%.
2. The tax rate of 25% shall apply to the
following business establishments for a period of three years from the
effective date of the Law on Enterprise Income Tax:
- Mining, exploitation, minerals, forest
products and aquatic products;
- Metallurgy and the manufacture of mechanical
products;
- Manufacture of basic chemicals, fertilizers
and insecticides;
- Production of construction materials (except
for cement);
- Construction (except survey, designing,
consultancy and supervision activities);
- Transport (except for air transport, taxi
transport).
3. For business establishments that have
convenient business locations, less competitive but highly profitable business
lines, they shall have to pay both enterprise income tax at the rate of 32% and
the surtax at the rate of 25% on their remaining incomes, which account for
more than 12% of the existing capital (except for borrowed capital).
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- Business establishments which enjoy the
enterprise income tax rate of 25% for a period of three years from the
effective date of the Law on Enterprise Income Tax as prescribed in Clause 2 of
this Article;
- Investment projects in the fields, business
lines and geographic areas where investment is encouraged and which enjoy
enterprise income tax rates of 25%, 20% and 15% as prescribed in Clauses 4 and
5 of this Article;
- Production establishments which export more
than 50% of their products or have an export turnover accounting for more than
50% of their total turnover.
4. For new investment projects in the fields and
business lines eligible for investment preferences as stipulated by the
Government, the tax rate of 25% shall apply.
5. For projects in the fields and business lines
eligible for investment preferences, if they are located in the districts of
ethnic minority people or mountainous, island or difficult areas as stipulated
by the Government, the tax rate of 20%; shall apply and if they are located in
high-mountain districts of ethnic minority people as stipulated by the
Government, the tax rate of 15% shall apply.
Article 10.- Enterprise
income tax rates applicable to foreign-invested enterprise and foreign parties
to business cooperation contracts under the Law on Foreign Investment in
Vietnam shall be as follows:
1. The universal tax rate is 25%.
2. The tax rate of 20% shall apply for a period
of 10 years from the commencement of production and business activities to
investment projects which satisfy one of the following criteria:
a/ Exporting at least 50% of their products;
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c/ Raising or cultivating and processing
agricultural products, forest products or aquatic products;
d/ Using advanced technologies, investing in
research and development;
e/ Using large quantities of raw materials and
materials available in Vietnam; effectively processing and exploiting natural
resources in Vietnam; manufacturing products of highly localized contents.
3. The tax rate of 15% shall apply for a period
of 12 years from the commencement of production and business activities to
investment projects which satisfy one of the following criteria:
a/ Exporting at least 80% of their products;
b/ Investing in the fields of metallurgy, basic
chemicals, mechanical engineering, petrochemicals, fertilizers and the
manufacture of electronic components, automobile and motorcycle components;
c/ Building and commercially operating
infrastructure projects (bridges, roads, water supply and drainage,
electricity, ports);
d/ Growing perennial industrial plants;
e/ Investing in difficult areas (including hotel
projects);
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g/ Projects that satisfy two criteria in Clause
2 of this Article.
4. The tax rate of 10% shall apply for a period
of 15 years from the commencement of production and business activities to the
projects for:
a/ Building infrastructure in difficult areas;
b/ Investing in mountainous, island, remote or
deep-lying areas;
c/ Afforestation;
d/ Other projects on the list of projects where
investment is specially encouraged.
5. For investment projects under BOT, BTO and BT
contracts, projects for building infrastructure of industrial parks or export
processing zones, the preferential tax rates of 20%, 15% and 10% shall apply
throughout the whole project implementation period.
6. The tax rates mentioned in Clauses 2, 3, 4
and 5 of this Article shall not apply to hotel projects (except for the cases
of investment in difficult, mountainous or island areas, or transfer of
property to the State of Vietnam without indemnity), financial, banking,
insurance, service provision and commercial projects.
Article 11.- The
enterprise income tax rate of 50% shall apply to Vietnamese and foreign
individuals and organizations conducting oil and gas prospection, exploration
and exploitation. Tax rates of 32% to 50% shall apply accordingly to projects
and business establishments that exploit other rare and precious natural
resources, depending on each project and each business establishment. The
Ministry of Finance shall decide a specific rate for each of investment
projects of Vietnamese organizations and individuals; the agencies competent to
grant investment licenses shall decide a specific rate for each of
foreign-invested projects, after obtaining the approval of the Ministry of Finance.
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The abroad- income remittance tax rates shall
apply as follows:
a/ The tax rate of 5% shall apply to foreign
investors who make legal capital contributions or business cooperation capital
contributions of 10 million USD or more and to overseas Vietnamese who invest
in the country;
b/ The tax rate of 7% shall apply to foreign
investors who make legal capital contributions or business cooperation capital
contributions of from five to less than 10 million USD;
c/ The tax rate of 10% shall apply to foreign
investors who make legal capital contributions or business cooperation capital
contributions of less than five million USD.
Chapter III
TAX REGISTRATION,
DECLARATION, PAYMENT AND SETTLEMENT
Article 13.- Business
establishments shall have to register the enterprise income tax at the same
time with the value-added tax. The tax registration procedures shall comply
with Decree No. 28/1998/ND-CP of May 11, 1998 of the Government detailing the
implementation of the Law on Value-Added Tax.
Article 14.- Business
establishments shall have to declare and submit the declarations on the tax
amounts to be temporarily paid for the whole year to the tax agency not later
than the 25th day of January every year. The tax declaration form is set by the
Ministry of Finance. If declarations of the tax amounts to be temporarily paid,
for the whole year, are found to be without grounds, the tax agency shall be
entitled to determine the tax amounts to be temporarily paid for each quarter
and the whole year.
Article 15.- Any
adjustments of the enterprise income tax amounts to be temporarily paid for
each quarter and the whole year shall be effected only when there are major
changes in the production and business. The tax agency that receives business
establishments' requests to adjust the tax amounts to be temporarily paid for
each quarter and the whole year shall have to check whether there are really
major changes in the production and business; if so, notification must be made
so as to adjust the temporarily-paid tax amounts in a suitable manner.
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Article 17.- The
payment of enterprise income tax is prescribed as follows:
1. Business establishments shall have to
temporarily pay the tax amounts for each quarter fully and on schedule to the
State budget according to the tax agency's tax payment notices. The deadline
for tax payment stated in such notices shall not be later than the last day of
each quarter.
2. Business establishments which have not
properly observed the regulations on accounting, invoices and vouchers shall
have to pay a tax calculated according to the taxable income-over-turnover
ratio on a monthly basis according to the tax agency's notices. The deadline
for monthly tax payments stated in the notices shall not be later than the 25th
day of the subsequent month.
3. Business establishments engaged in
consignment trading shall have to declare and pay tax for each goods
consignment to the tax agency of the locality where they buy goods before
transporting the goods.
4. For foreign business organizations or
individuals that have no permanent bases in Vietnam but have their incomes
generated in the country, the organizations or individuals in Vietnam that pay
such incomes shall have to deduct the tax amounts therefrom according to the
Finance Ministry's guidance and remit them to the State budget simultaneously
with the transfer of payments to the organizations or individuals abroad.
Article 18.- Enterprise
income tax shall be calculated and paid in Vietnam dong.
Article 19.- Every
year, business establishments shall have to settle enterprise income tax with
the tax agency according to the form set by the Ministry of Finance.
The tax-settlement year shall coincide with the
solar year. In cases where business establishments are permitted to apply a
fiscal year other than the solar year, they shall be permitted to settle their
tax according to such fiscal year.
A tax settlement must accurately and fully
reflect the following:
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2. The reasonable expenses.
3. The taxable incomes.
4. The income tax amounts to be paid.
5. The income tax amount already temporarily
paid in the year.
6. The income tax amount already paid abroad for
incomes received from abroad.
7. Income tax amount underpaid or overpaid.
Article 20.- Business
establishments shall have to submit their tax settlement reports to the tax
agency within 60 days from the end of the solar year or fiscal year and pay
fully the underpaid tax amounts according to their settlement reports within 10
days from the date of submission of the settlement reports. If they overpay tax
amounts, the excess amounts shall be deducted from the payable tax amounts for
the subsequent period.
Article 21.- In the
case of a merger, consolidation, division, splitting, dissolution or
bankruptcy, business establishments still shall have to make tax settlements
with the tax agency and send tax settlement reports within 45 days from the
date of issue of the decision on the merger, consolidation, division,
splitting, dissolution or bankruptcy.
Article 22.- After
receiving the tax settlement reports, the tax agency shall have to examine
them. It shall, when necessary, be allowed to conduct examination at the
concerned business establishments. At the end of the examination, it must make
reports thereon and propose handling measures.
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Article 23.- In the
course of examination of the tax settlement, if any unreasonable selling or
purchasing prices or expenses of the business establishments is detected, the
tax agency shall be entitled to re-determine them according to the foreign and
domestic market prices so as to ensure the full and accurate collection of
enterprise income tax.
Article 24.- The tax
agency shall have the following tasks, powers and responsibilities:
1. Guiding business establishments to declare
and pay tax in accordance with the Law on Enterprise Income Tax.
2. Notifying business establishments of the
payable tax amounts and the tax payment deadlines as prescribed; past the tax
payment deadlines stated in the notices if any business establishments fail to
make tax payments, the tax agency shall continue to issue notices on the
payable tax amounts as well as the fines on the late payment; if such business
establishments still fail to pay the full tax amounts and fines according to
its notices, the tax agency shall be entitled to apply or request a competent
agency to apply handling measures prescribed in Clause 4, Article 24 of the Law
on Enterprise Income Tax to ensure the full collection of the tax amounts and
fines; if even after the above-mentioned handling measures have been applied
the concerned business establishments still fail to pay the full tax amounts
and fines, the tax agency shall refer the dossiers to the competent State
agency for handling according to law.
3. Supervising and inspecting the business
establishments' tax declarations, payments and settlements.
4. Handling tax-related administrative
violations and settling tax-related complaints.
5. Requesting business establishments to supply
accounting books, invoices, vouchers and other records related to tax
calculation and payment; requesting credit institutions, banks and other
organizations and individuals to supply documents related to tax calculation
and payment.
6. Keeping and using data and documents supplied
by business establishments and other objects according to the prescribed
regime.
Article 25.- The tax
agency shall be entitled to determine the taxable income for calculating tax to
be paid by business establishments in the following cases:
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2. Business establishments fail to declare or
improperly declare the tax calculation bases or fail to prove the bases stated
in the declarations at the request of the tax agency.
3. Business establishments refuse to produce
accounting books, invoices, documents and necessary documents related to the
tax calculation.
4. Business establishments are detected to do business
without business registration.
The tax agency shall base itself on the survey
documents of the situation of the business establishments' business activities
or on the taxable incomes of business establishments of the similar business
scope in the same business line to set the taxable incomes.
In cases where business establishments disagree
with the set taxable amounts, they shall be entitled to complain with the
immediate higher-level tax agency, pending a solution, the complaining business
establishments shall still have to pay the tax amounts as already set.
Chapter IV
ENTERPRISE INCOME TAX
EXEMPTION AND REDUCTION
Article 26.-
Newly-established domestic production establishments shall be exempt from
enterprise income tax for the first two years from the time they have taxable
income, then enjoy a 50% reduction of the payable enterprise income tax for two
subsequent years. For newly-established production establishments in
mountainous, island or difficult areas, they shall enjoy a tax reduction for two
additional years.
Article 27.-
Newly-established production establishments in the fields and business lines
eligible for investment preferences stipulated by the Government shall enjoy
tax exemption and/or reduction as follows:
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2. For investment in districts of ethnic
minority people or high mountain areas, they shall enjoy income tax exemption
for the first four years from the time the taxable income is generated and a
50% reduction of the payable income tax amount for nine subsequent years.
3. For investment in districts of ethnic
minority people or mountainous and island areas, they shall enjoy income tax
exemption for the first four years from the time the taxable income is
generated and a 50% reduction of the payable income tax amount for seven
subsequent years.
4. For investment in difficult areas, they shall
enjoy income tax exemption for the first three years from the time the taxable
income is generated and a 50% reduction of the payable income tax amount for
five subsequent years.
Article 28.-
Newly-established business or service establishments in the business lines
eligible for investment preferences according to the Government's stipulations
shall enjoy tax exemption and/or reduction as follows:
1. For investment in districts outside
mountainous, island and other difficult areas, they shall enjoy a 50% reduction
of the payable income tax amount for the first two years from the time the
taxable income is generated.
2. For investment in districts of ethnic
minority people on high mountains, they shall enjoy income tax exemption for
the first two years from the time the taxable income is generated and a 50%
reduction of the payable income tax amount for five subsequent years.
3. For investment in districts of ethnic
minority people or mountainous and island areas, they shall enjoy income tax
exemption for the first two years from the time the taxable income is generated
and a 50% reduction of the payable income tax amount for four subsequent years.
4. For investment in difficult areas, they shall
enjoy income tax exemption for the first year from the time the taxable income
is generated and a 50% reduction of the payable income tax amount for three
subsequent years.
Article 29.- Domestic
production establishments which invest in building new production lines,
expanding the production scale, renewing technologies, improving the ecological
environment or raising the production capacity, shall be exempt from the
enterprise income tax on the increased income of the first year and enjoy a 50%
reduction of the payable income tax amount on the income brought about by the
new investment for two subsequent years.
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Article 30.- Domestic
business establishments which move to mountainous, island or difficult areas
shall be exempt from enterprise income tax for the first three years from the
time the taxable income is generated.
Article 31.- The
following incomes of domestic business establishments shall be exempt from
enterprise income tax:
1. Income from the performance of scientific
research contracts.
2. Income from the performance of technical
service contracts in direct service of agriculture.
3. Income from production, business or service
activities of business establishments exclusively reserved for disabled
laborers.
4. Income from vocational training activities
exclusively reserved for the disabled, ethnic minority people, children in
especially difficult circumstances and victims of social vices.
5. Production, business or service households
that have monthly average incomes in a year less than the minimum salary level
prescribed by the State for State employees.
Article 32.- The
enterprise income tax exemption and/or reduction for foreign-invested
enterprises and foreign parties to business cooperation contracts under the Law
on Foreign Investment in Vietnam shall be applied as follows:
1. Projects stated in Clause 2, Article 10 of
this Decree shall enjoy income tax exemption for the first year from the time
the taxable income is generated and a 50% reduction of the payable income tax
amount for two subsequent years.
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3. Projects stated in Clause 4, Article 10 of this
Decree shall enjoy income tax exemption for the first four year from the time
the taxable income is generated and a 50% reduction of the payable income tax
amount for four subsequent years.
4. Afforestation projects and infrastructure
construction projects in mountainous or island areas, and other projects where
investment is specially encouraged shall be exempt from income tax for eight
years from the time the taxable income is generated.
5. The above-mentioned tax exemption and
reduction shall not apply to hotel projects (except for those in mountainous,
island and difficult areas or those where property is transferred to the State
of Vietnam without indemnity at the end of the operation duration) and
investment projects in financial, banking, insurance, service provision and
commercial fields.
Article 33.- The
enterprise income tax shall be exempt and/or reduced for foreign investors in
the following cases:
1. Overseas Vietnamese who invest in the country
under the Law on Foreign Investment in Vietnam shall enjoy a 20% reduction of
the payable income tax amount, except for cases where they enjoy an income tax
rate of 10%).
2. Patents, technical know-how, technological
processes and/or technical services as legal capital contributions.
3. Foreign investors shall be exempt from
enterprise income tax in cases where they transfer their contributed capital to
State enterprises or enterprises where the State holds predominant shares. They
shall enjoy a 50% reduction of the enterprise income tax when they transfer
their contributed capital to other Vietnamese enterprises.
Article 34.-
1. Foreign investors who
use their dividends for reinvestment shall be refunded the enterprise income
tax amounts already paid on the reinvested incomes if they meet the following
conditions:
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- Reinvested capital to be used for three or
more years;
- Having fully contributed to the legal capital
stated in the investment licenses.
2. The following is the level of reimbursed
income tax on reinvested capital:
- 100% for projects mentioned in Clause 4,
Article 10 of this Decree.
- 75% for projects mentioned in Clause 3,
Article 10 of this Decree.
- 50% for projects mentioned in Clause 2,
Article 10 of this Decree.
3. The Ministry of Finance shall prescribe the
procedures and dossiers for consideration of income tax reimbursement and
decide the income tax reimbursement.
Article 35.- Domestic
business establishments and foreign-invested enterprises which operate in the
production, construction or transport domains and employ from 10 to 100 women
laborers and the number of women laborers accounts for more than 50% of total
number of regular laborers or which regularly employ more than 100 women
laborers accounting for over 30% of the total regular laborers in the
enterprises, shall enjoy an income tax reduction equal to the increased
expenses for women laborers.
The Ministry of Finance shall specify the
increased expenses for women laborers as prescribed in this Article.
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The Ministry of Finance shall guide the tax
exemption and reduction procedures and decide the tax exemption and/or
reduction for domestic business establishments.
For foreign-invested enterprises and foreign
parties to business cooperation contracts under the Law on Foreign Investment
in Vietnam, the tax exemption and reduction shall be stated in the investment
licenses granted by the competent agencies with the consent of the Ministry of
Finance.
Article 37.- Domestic
business establishments and foreign-invested enterprises, which find themselves
suffer from losses after making settlement with the tax agency shall be
entitled to carry forward such losses to subsequent years. Such losses shall be
allowed to be deducted from the taxable incomes. The losses carry-forward
period shall not exceed five years.
Chapter V
HANDLING OF VIOLATIONS
Article 38.- Tax
payers, tax officials and other individuals who violate the Law on Enterprise
Income Tax shall, depending on their acts and the seriousness of violation, be
handled according to Article 24 and Article 26 of the Law on Enterprise Income
Tax and other legal documents on the handling of administrative violations in
the field of tax.
Article 39.- The tax
agencies and tax officials that well fulfill their assigned tasks;
organizations and individuals that record merits in the implementation of the
Law on Enterprise Income Tax; and tax payers that well fulfill their tax
obligations shall be commended according to the Government's stipulations.
Chapter VI
ORGANIZATION OF
IMPLEMENTATION
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The settlement of profit tax-related matters
before January 1st, 1999 shall comply with the provisions of the Law on Profit
Tax, the Law Amending and Supplementing a Number of Articles of the Law on
Profit Tax and the provisions on profit tax in other legal documents.
Article 41.- The
Minister of Finance shall guide the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies and agencies attached to the Government and the presidents
of the People's Committees of the provinces and cities directly under the
Central Government shall have to implement this Decree.
THE GOVERNMENT
DEPUTY PRIME MINISTER
Nguyen Tan Dung