Official Dispatch No. 1214/TCT-CS of April 08, 2011, for CIT incentive

• Số hiệu: 1214/TCT-CS
• Loại văn bản: Công văn
• Nơi ban hành: Tổng cục Thuế
• Người ký: Bùi Văn Nam
• Ngày ban hành: 08/04/2011

MINISTRY OF FINANCE GENERAL DEPARTMENT OF TAXATION -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 1214/TCT-CS for CIT incentive	Hanoi, April 08, 2011

To: Vietnam Brother Industrial Limited Liability Company.

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- Clause 4, Article 2 of the Regulation of Industrial and export processing zones, hi-tech park, issued together with Decree No.36/CP dated 24/04/1997 of the Government guiding on export processing enterprises stipulates, "Processing enterprises are the enterprises specialized in producing goods for export, carrying out services for manufacturing exports and export activities are established and operating under this Regulation".

- Clause 6, Article 2 of Decree No.29/2008/ND-CP dated 14/03/2008 of the Government stipulating: "Export processing enterprises are the enterprises that are established and operating in the export processing zones or the enterprises that export all products operating in industrial zones, economic zones ".

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- Clause 4 of Article 46 of Decree No.24/2007/ND-CP dated 02/14/2007 of the Government on Corporate Income Tax (CIT) stipulates: "Business establishments which have been granted investment licenses, certificates of business registration, certificates of investment before the date that the Socialist Republic of Vietnam officially became a member of the World Trade Organization (dated 11/01/2007) that income from business activities (except for textile and garment provided in clause 2 of this Article) which are being enjoyed CIT incentives due to meet the conditions on the rate of export specified in legal documents on foreign investment in Vietnam, on encouragement of domestic investment, Corporate Income Tax and legal documents on investment shall continue to be enjoyed on corporate income tax incentives as stipulated in such legal documents until 2011 ".

- Point 2 of official dispatch No.2348/BTC-TCT dated 03/03/2008 of the Ministry of Finance on CIT incentives with instructions:

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The application of incentives on CIT for the remaining time as mentioned above must be ensured the principle of the enterprises being in the time applied tax rate of referential CIT, in the time of tax exemption, reduction of CIT”.

- Point 2.3, Part XII of official dispatch No.353/TCT-CS on 29/01/2010 of the General Department of Taxation guides the settlement of CIT in 2009 with instructions:

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Pursuant to the provisions on export processing enterprises as mentioned above, Brother Industrial Co., Ltd. is the export processing enterprise (engaged in direct export activities and export activities in place considered as export activities) are enjoyed CIT incentives due to meet the conditions of export so that Brother Industrial Co., Ltd. is being enjoyed CIT incentives due to meet the conditions of export (excluding textiles and garment) will be terminated CIT incentives for the export conditions to the end of 2011. If the company meets the other conditions of incentives other than the export conditions, the company is selected and notifies the tax office on the CIT incentives for remaining time corresponding to the actual conditions that the company meets the investment incentives under the guidance of the office dispatch No.2348/BTC-TCT as mentioned above.

General Department of Taxation informs Brother Industrial Co., Ltd Vietnam and suggests that the company should contact the local tax agency for specific instructions.

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