THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
83/2005/TT-BTC
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Hanoi,
September 22, 2005
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CIRCULAR
GUIDING THE EXPERIMENTAL SELF-ASSESSMENT AND SELF-PAYMENT OF
ROYALTIES BY PRODUCTION AND BUSINESS ESTABLISHMENTS UNDER THE PRIME MINISTER’S
DECISION No. 161/2005/QD-TTg OF JUNE 30, 2005
Pursuant to the April 10,
1998 Ordinance on royalties;
Pursuant to the Government’s Decree No. 68/1998/ND-CP of September 3, 1998,
detailing the implementation of the April 10, 1998 Ordinance on royalties;
Pursuant to the Prime Minister’s Decision No. 197/2003/QD-TTg of September 23,
2003, on the experimental self-assessment and self-payment of taxes by
production and business establishments;
Pursuant to the Prime Minister’s Decision No. 161/2005/QD-TTg of June 30, 2005,
on the expansion of the experimental self-assessment and self-payment of
special consumption tax at the stage of domestic production; royalties; house,
land tax; income tax on high-income earners and license fee by production and
business establishments;
Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining
the functions, tasks, powers and organizational structure of the Ministry of
Finance;
The Ministry of Finance hereby guides the experimental self-assessment and
self-payment of royalties by production and business establishments as follows:
I. SUBJECTS
OF APPLICATION
Subjects of self-assessment and
self-payment of royalties under the guidance of this Circular are production
and business establishments specified in Clause 2, Article 1 of the Prime
Minister’s Decision No. 197/2003/QD-TTg of September 23, 2003, and guiding
documents of the Ministry of Finance (hereinafter referred to as business
establishments).
II. TAX
REGISTRATION, DECLARATION AND PAYMENT
1. Tax registration:
Business establishments that
experimentally implement the mechanism of self-assessment and self-payment of
royalties shall continue using their tax identification numbers already granted
by tax offices without having to make re-registration with tax authorities. In
the process of experimental implementation, if business establishments have any
change in tax registration information, they shall make additional registration
with their managing tax offices according to current regulations on tax
registration.
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2.1. Monthly declaration of
Royalties:
a/ Monthly, business establishments
shall make full calculation and declaration of natural resource tax according
to current regulations in form No. 01/TNg attached to this Circular. In case
there is no royalties arising in the month, business establishments shall still
fill in and send the declarations to tax authorities.
- Business establishments shall
fill in all elements in the declaration form (tax identification number, name,
address, location of exploitation of natural resources…) and declare other
relevant information such as having made tax registration with the tax office,
and concurrently certify the legal validity of the declared information (by
affixing their signature and seal). Declarations shall be regarded as not
having been submitted to the tax authority if they are not fully completed or
not duly certified.
- The deadline for submission of
monthly royalties declarations to the tax office is the 25th of the
subsequent month. Business establishments shall submit their declarations by
post or directly to the tax authority. The date of submission shall be
determined as the date of the postmark affixed by the sending post office (for
declarations submitted by post) or the date of submission to the tax
authority(for declarations submitted directly to the tax authority).
b/ For kinds of Royalties for
which the bases for calculation of Royalties arising in the month have not yet
been identified and filled in declaration forms, business establishments may
calculate the royalties amount to be paid for such kinds of royalties on the
basis of accounting prices, which are either the previous year’s taxable price
of a particular royalties or the plan price (for newly set-up business
establishments), for making monthly royalties declarations. At year-end,
business establishments shall re-determine the payable royalties amount based
on the actual Royaltiable price of natural resources and make royalties
self-finalization declarations under the guidance at Point 2.2 below.
c/ Declaration of estimated
rebatable royalties amounts: Business establishments eligible for royalties
rebate shall estimate rebatable royalties amounts according to the Royalties
Ordinance and guiding documents currently in force and declare them in monthly
declaration forms.
2.2. Self-finalization of
Royalties:
a/ Business establishments that
experimentally make self- assessment and self-payment of Royalties shall not
have to make annual tax finalization with the tax authority but must make
royalties self-finalization declarations according to form No. 02/TNg and submit
them to the tax authority for determining royalties amounts actually arising in
the year.
The time limit for submission of
royalties self-finalization declarations is 60 days as from the end of the
calendar year or fiscal year. In case of termination of royalties exploitation
contracts; merger, consolidation, division, separation, bankruptcy,
transformation of ownership; assignment, contracting and lease of state
enterprises, business establishments shall make royalties self-finalization
declarations and send them to the tax authority within 45 days as from the date
of termination of natural resource exploitation contracts or from the date of
issuance of the merger, consolidation, division, separation, bankruptcy,
transformation of ownership, assignment, contracting or lease decision by
competent authorities.
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2.3. Business establishments
shall be accountable before law for the truthfulness and accuracy of their
royalties declaration and fully preserve documents used for determination of
royalties amounts already declared.
3. Payment of Royalties:
Monthly, business establishments
shall pay their declared royalties amounts into the state budget. The deadline
for monthly payment of royalties is the 25th of the subsequent
month. In case there are any outstanding royalties amounts according to their
royalties self-finalization declarations, business establishments shall pay
them into the state budget within 60 days after the end of the calendar year or
fiscal year.
In case of termination of
natural resource exploitation contracts; merger, consolidation, division,
separation, bankruptcy, transformation of ownership; assignment, contracting
and lease of state enterprises, business establishments shall fully pay
outstanding royalties amounts within 45 days as from the date of termination of
natural resource exploitation contracts or from the date of issuance of the
merger, consolidation, division, separation, bankruptcy, transformation of
ownership, assignment, contracting or lease decision by competent authorities;
if there are any overpaid royalty amounts, the tax authority shall refund them
or transfer them to the new business establishments according to current
regulations.
For business establishments paying
royalties into the state budget by transfer via a bank or another credit
institution, the date of tax payment shall be determined as the date on which
the bank or credit institution deducts and transfers the tax money to the
treasury as requested in the business establishments’ orders of payment into
the state budget; for business establishments paying royalties in cash, the
date of payment shall be determined as the date on which the state treasury or
tax authority receives the tax money.
Business establishments shall
fully fill in the elements in the money payment documents as guided by the tax
authority or state treasury. They must clearly write on the money payment
documents the royalties amounts and fines paid for each kind of tax and each
period; particularly for fines paid for late payment of tax money, write the
date of the tax authority’s notice but not the fine paid for late payment of
each kind of tax. In case a business establishment has both the tax amount and
fine paid in the period and the tax amount and fine owed from previous periods,
which are not specified, the tax authority shall first deduct the owed tax
amount and fine, then the royalties amount and fine paid in the period.
III. TASKS,
POWERS AND RESPONSIBILITIES OF TAX AUTHORITIES
Apart from the tasks, powers and
responsibilities defined in tax laws and other relevant laws, the tax
authorities that manage business establishments experimentally implementing the
tax self-assessment and self-payment shall have the following responsibilities:
1. To propagate, disseminate,
guide and respond to inquiries from business establishments about tax policy,
tax declaration and payment procedures so that business establishments can
correctly understand and comply with the provisions of tax law and the tax
self-assessment and tax-payment mechanism.
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- Past the prescribed deadline
for submission of monthly tax declarations or for annual tax self-finalization,
tax authorities shall send notices reminding the submission of such
declarations and impose fines for administrative violations according to
current regulations. Past the last deadline for submission of declarations
stated in the reminding notices, if business establishments still fail to pay
royalties, tax authorities shall fix the payable tax amounts according to
regulations.
- Past the prescribed deadline
for royalties payment, tax authorities shall send tax payment-reminding notices
to business establishments which fail to pay have not yet paid in full
royalties amounts, and impose fines for royalties amounts still owed to the
state budget according to regulations.
3. To supervise and inspect the
royalties declaration and payment by business establishments.
4. To apply measures to force
the payment of royalties and fines according to the provisions of law.
5. To keep confidential supplied
information on production and business establishments are making experimental
self-assessment and self-payment of royalties.
IV.
ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect 15
days after its publication in “CONG BAO.”
2 .Business establishments
making experimental self-assessment and self-payment of royalities under the
guidance of this Circular shall not have to make natural resource tax
declarations under the guidance of Circular No. 153/1998/TT-BTC.
3. Apart from the provisions of
this Circular, tax bases, tax rebate, tax refund, handling of violations,
commendation and other matters shall comply with the provisions of the
Royalities Ordinance and its guiding documents and other relevant legal
documents on tax.
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FOR
THE MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung
GUIDANCE
ON DECLARATION OF ROYALTIES
Part I
GENERAL PROVISIONS
1. In the royalties declaration form,
the following abbreviation and acronym are used:
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- “Business establishment”
refers to business organizations and individuals.
2. Business establishments
engaged in exploiting natural resources must make and send to the tax authority
monthly royalties declarations (form No. 01/TNg) and annual royalties
self-finalization declarations (form No. 02/TNg). They must fully write all
basic information on the tax declaration period (month, year) and information
on tax registration made with the tax authority in the sections coded from [01
to [10].
Should there be any change in
information from code [02] to code [10], business establishments shall make
additional registration with the tax authority according to current regulations
and declare the additionally registered information to the tax authority.
3. Money amounts recorded on
declarations shall be rounded to the monetary unit of Vietnam dong. Decimal
numbers shall not be accepted. For the elements without any data arising in the
period, they shall be left blank. Dark-color boxes in the declaration shall not
be filled in.
4. Royalty declarations sent to
the tax authority shall be considered valid only if they are completed
according to the set form, with all elements accurately filled in as required
at Points 1, 2 and 3 above, and are signed and sealed by the
representative-at-law of the business establishments at the bottom of the
declarations.
5. Business establishments that
exploit various kinds of natural resources shall make only one declaration
every month and make a royalties self-finalization declaration at the end of a
year, in which each kind of natural resource is declared on a line and the
total figures reflect the arising royalties amount, the estimated rebatable
amount and the amount payable in the period of the business establishment.
Part II
GUIDANCE ON MAKING
ROYALTY DECLARATIONS
(Form
01/TNg)
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Business establishments shall
calculate royalties for each kind of natural resource at the current royalties
rate. Each kind of natural resource shall be declared on one line of the
declaration.
2. Column (3): Unit of
calculation
To use the unit of calculation
for each kind of natural resource exploited, such as kg, m3 , ton,
barrel, kW/h, etc.
3. Column (4): Exploited
volume of commercial natural resource
To enter in this column data on
the quantity, weight or volume of each kind of natural resource exploited in
the month, regardless of the exploitation situation and purpose.
If the exploited natural
resource volume cannot be identified because it comprises different substances
which need to be sorted and classified, the volume used for calculation of
royalties shall be the volume of each kind of substance obtained.
Particularly for natural water
used for hydropower generation, the volume used for calculation of royalties
shall be the generated volume of electricity, calculated in kW/h.
4. Column (5): Royaltiable
price per unit of natural resource
To enter in this column the
royaltiable price per unit of natural resource. Natural resource-exploiting
establishments shall determine by themselves the royaltiable price per unit of
natural resource under the provisions of the Royalties Ordinance and guiding documents
currently in force. In case such price cannot be determined yet in the year,
make declaration based on a temporary price (or accounting price), which may be
the previous period’s price used for calculation of royalties. Business
establishments which have just started production shall make declarations based
on the plan price. At year-end or upon the termination of the natural resource
exploitation contract, business establishments shall re-determine the
royaltiable price according to actual figures for making royalties
self-finalization declarations.
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To enter in this column the
royalty rate applicable to the kind of natural resource exploited according to
regulations.
6. Column (7): Royalties
fixed per unit of natural resource
To enter in this column the
royalties fixed per unit of natural resource by competent authorities.
Example: Assume that VND 14 per
KW/h of generated electricity is the level of royalties set by the Ministry of
Finance for natural water used for hydropower generation, the business
establishments shall write VND 14 on the water line in this column.
7. Column (8): Royalties amount
arising in the period
To enter in this column the data
determined as follows:
Royalties
amount arising in the period
=
Volume
of commercial natural resource exploited in the period
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Royaltiable
price per unit of natural resource
x
Royalty
rate
Or
Royalties
amount arising in the period
=
Volume
of commercial natural resource exploited in the period
x
Royalties
fixed per unit of natural resource
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8. Column (9): Estimated rebatable
royalties amount in the period
To enter in this column the
estimated rebatable royalties amount (any) of each kind of natural resource
exploited in the month. Monthly, business establishments shall base themselves
on the conditions for rebate of royalties prescribed in the Ordinance on
Royalties and guiding documents currently in force to estimate by themselves
rebatable royalties amounts in the month for determining the payable royalties
amount in the month and for making declarations.
9. Column (10): Payable royalty
amount arising in the period
To fill in this column the data
on the payable royalty amounts in the month for various kinds of natural
resources, which are determined to be the royalties amount arising in the
period (column 8) minus the estimated rebatable royalties amount (column 9).
Part III
GUIDANCE ON MAKING
ROYALTY SELF-FINALIZATION DECLARATIONS
(Form
No. 02/TNg)
Business establishments engaged
in exploiting natural resources shall make tax self-finalization declarations
for determining the royalties amounts actually payable in the year upon
year-end or termination of exploitation contracts or in the cases of merger,
consolidation, division, separation, dissolution, bankruptcy, transformation of
ownership, assignment, sale, contracting or lease of state enterprises. Such
declaration shall be made as follows:
- To declare each kind of
natural resource on a line corresponding to each element of the column. For
columns (2), (3), (6) and (7), to make similar declaration as guided in Part
II.
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- For cases of natural resource
tax rebate, business establishments shall determine rebatable royalties amounts
in the year according to actual figures and declare such amounts in column (9).
At the same time, they must compile dossiers of application for royalties
rebate and send them to the tax office, serving as a basis for determining
rebatable royalties amounts.
The total figure of relevant
elements in the columns shall reflect the annual amount self-finalized by
business establishments. Dark-color boxes shall be left blank.
Form No. 01/TNg
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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ROYALTY
DECLARATION
[01] Tax period: Month..............
year 200...
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[03] Name of business
establishment:.........................................................................,
[04] Head office
address:...........................[05]
Precinct/District:............................[06] Province/City
..................................
[07]
Telephone:...................................... [08]
Fax:................................... [09]
E-mail:.............................................................
[10] Place of exploitation
of natural resource:..........................................................................................................................
Unit
of calculation: VND
Ordinal
number
Name
of natural resource
Volume
of exploited commercial natural resources
Royalty
price per unit of natural resource
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Fixed
royalties amount per unit of natural resource
Royalties
amount arising in the period
Estimated
rebatable royalties amount
Payable
royalties amount arising in the period
Unit
of calculation
Volume
(1)
(2)
(3)
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(5)
(6)
(7)
(8)
= (4) x (5) x (6) or (8) = (4) x (7)
(9)
(10)
= (8)-(9)
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Total
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I undertake that the
above-declared data are truthful and I shall be answerable before law for the
declared data.
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Representative-at-law
of the business establishment
Signature
and seal (with full name and position)
Note: For natural water used for
hydropower generation, the volume (column 4) is the volume of generated hydropower
and the unit of calculation (column 3) is KW/h.
Form No. 02/TNg
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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ROYALTY
FINALIZATION DECLARATION
[01] Tax period:
Month.............. year 200...
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[02] Tax identification
number:
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[03] Name of business
establishment:
....................................................................................................................................................
[04] Head office address:
..................................[05]
Precinct/District:.................................[06]
Province/City:.............................................
[07]
Telephone:............................................. [08]
Fax:................................................. [09]
E-mail:..................................
[10] Place of exploitation
of natural resource: ….......................................................
Unit
of calculation: VND
Ordinal
number
Name
of natural resource
Volume
of exploited commercial natural resources
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Royaltyrate
(%)
Fixed
royalties amount per unit of natural resource
Royalties
amount arising in the period
Determined
rebatable royalties amount
Payable
royalties amount arising in the period
Unit
of calculation
Volume
(1)
(2)
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(4)
(5)
(6)
(7)
(8)
= (4) x (5) x (6) or (8) = (4) x (7)
(9)
(10)
= (8)-(9)
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Total
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I undertake that the
above-declared data are truthful and I shall be answerable before law for the
declared data.
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............
, date..... month.......year....
Representative-at-law of the business establishment
Signature and seal (with full name and position)
Note: For natural water used for
hydropower generation, the volume (column 4) is the volume of generated hydropower
and the unit of calculation (column 3) is KW/h.