MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 1199/BTC-TCT
Re: environmental protection tax
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Ha Noi,
January 30, 2012
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To:
- Provincial-level Tax Departments;
- Provincial-level Customs Departments
On November 11, 2011, the Ministry of Finance
issued Circular No. 152/2011/TT-BTC to guide the implementation of Government’s
Decree No. 67/2011/ND-CP of August 8, 2011, detailing and guiding the
implementation of a number of articles of the Law on Environmental Protection
Tax, which took effect on January 1, 2012. However, the Ministry of Finance has
received some recommendations through the program on law dissemination among
enterprises. In order to implement the environmental protection tax policies,
the Ministry of Finance provides the following guidance:
1. Regarding tax declarers and payers:
- Article 3 of Circular No. 152/2011/TT-BTC
stipulates: “Environmental protection tax payers are organizations, households
and individuals that produce or import goods liable to the tax specified in
Article 1 of this Circular…”
- Clauses 1 and 2, Article 10 of Circular No.
152/2011/TT-BTC stipulate: “1. This Circular takes effect on January 1, 2012…
2. Organizations and individuals that produce or
trade in petrol and oil are not required to declare and pay environmental
protection tax for petrol and oil volumes for which they have declared and paid
the petrol and oil charge before January 1, 2012.”
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2. Regarding lubricating oil and grease imported
together with imported aircraft supplies and spare parts or imported machinery
and equipment:
- Articles 3 and 5 of the Law on Environmental
Protection Tax stipulate:
“Article 3. Tax-liable objects
1. Petrol, lubricating oil and grease,
including:
…
f/ Lubricating oil;
g/ Lubricating grease.”
“Article 5. Taxpayers
1. Environmental protection tax payers are
organizations, households and individuals that produce or import goods liable
to the tax specified in Article 3 of this Law.”
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According to the above provisions, lubricating
oil and grease are liable to environmental protection tax. Enterprises that
import aircraft supplies and spare parts or machinery and equipment, which are
accompanied by lubricating oil and grease (in separate boxes), shall declare
and pay environmental protection tax in accordance with law.
For petrol, lubricating oil and grease imported
not for sale, customs offices shall base themselves on tax declaration dossiers
of taxpayers to collect environmental protection tax and import duty on these
goods like other environmental protection tax-liable imported goods.
Particularly for petrol and oil imported by
major petrol and oil companies for sale, these companies do not have to declare
environmental protection tax at the same time with declaring and paying import
duty but shall declare and pay the tax at the time of delivery for sale or
consumption.
3. Regarding environmental protection tax on
goods imported into non-tariff zones:
- Point 2.4, Clause 2, Article 2 of Circular No.
152/2011/TT-BTC specifies objects not liable to environmental protection tax as
follows:
“2.4. Goods exported abroad directly by their
producers (including processors) or by export businesses as entrusted by their
producers, except for organizations, households or individuals that purchase
goods liable to environmental protection tax for export.”
- Item b, Point 1.2 and Item b, Point 1.3,
Clause 1, Article 7 of Circular No. 152/2011/TT-BTC stipulate:
“1.2. Place for submission of tax declaration
dossiers:…
b/ For imported goods (except petrol and oil
imported for sale), taxpayers shall submit their tax declaration dossiers to
customs offices where they carry out customs procedures.
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b/ For imported goods and goods imported under
import entrustment which are liable to environmental protection tax, taxpayers
shall make declare, calculate and pay tax for each time of importation (except
petrol and oil imported for sale).
The declaration, calculation and payment of
environmental protection tax shall be made at the same time with the
declaration and payment of import duty for imported goods, except imported
petrol and oil which comply with Clause 2, Article 7 of this Circular.
The time limit for payment of environmental
protection tax in this case is that for payment of import duty prescribed in
the Law on Tax Administration and guiding documents.”
- Clause 3, Article 6 of Circular No. 152/2011/TT-BTC
stipulates:
“3. For imported goods, the time of tax
calculation is the time of registration of the customs declaration, except
petrol and oil imported for sale specified in Clause 4 of this Article.”
Accordingly:
- For goods imported from abroad into non-tariff
zones and domestic goods exported into non-tariff zones for consumption in
these zones without being exported abroad which are liable to environmental
protection tax in accordance with Article 3 of the Law on Environmental
Protection Tax, environmental protection tax shall be declared and paid in
accordance with regulations.
Customs offices shall base themselves on customs
dossiers of goods to determine whether these goods are liable to environmental
protection tax. In case imported goods are liable to environmental protection
tax, customs dossiers are their environmental protection tax declaration
dossiers.
- For imported goods which are exempt from
import duty but liable to environmental protection tax, environmental
protection tax declaration dossiers are their customs dossiers and the time
limit for declaration and payment of environmental protection tax is that for
declaration and payment of import duty for these goods which are liable to
import duty in accordance with the Law on Tax Administration and the Law on
Import Duty, Export Duty.
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4. Regarding environmental protection tax
receipts to be issued to taxpayers
- Clauses 1 and 3, Article 44 of the Law on Tax
Administration stipulate: “1. Taxpayers shall remit tax amounts into the state
budget:
a/ At the State Treasury;
b/ At tax administration agencies which receive
tax declaration dossiers;” and “3. When receiving or deducting tax amounts,
agencies and organizations shall issue tax payment receipts to taxpayers.”
- Pursuant to Clause 4, Article 20 of the
Ministry of Finance’s Circular No. 194/2010/TT-BTC of December 6, 2010, customs
offices shall issue receipts, made according to the form set by the Ministry of
Finance, to duty payers in case of collecting duty in cash.
- Points 2.2 and 2.4, Section I, Part B of
Circular No. 128/2008/TT-BTC of December 24, 2008, guiding the collection and
management of state budget revenues through the State Treasury, stipulate:
“2.2. State budget remittance papers:
- State budget remittance papers are state
budget revenue receipts, made according to a form set by the Ministry of
Finance;
- State budget remittance papers are used in the
following cases:
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+ Collecting agencies or authorized
organizations or individuals collect and remit collected money amounts into the
State Treasury or banks where the State Treasury opens accounts.
+ Taxpayers remit money amounts into temporary
collection and custody accounts of collecting agencies (before making state budget
remittances as prescribed).”
“2.4. State budget revenue receipts:
2.4.1. Cases in which state budget revenue
receipts are used:
- Collecting agencies are assigned to directly
collect state budget revenues in cash; organizations and individuals are authorized
by collecting agencies to collect taxes, charges, fees and fines;
- Competent state agencies that issue decisions
on sanctioning administrative violations directly collect fines;
- The State Treasury directly collect some
charges, fees and fines; organizations are authorized by the State Treasury to
collect charges, fees and fines.”
Accordingly, environmental protection tax
payers, when remit tax amounts into the state budget shall use state budget
remittance papers. These papers, with contents on environmental protection tax
according to the state budget index, the tax period and the certification of
the State Treasury or bank or credit institution of the permitted tax amount,
serve as written evidence of environmental protection tax payment by taxpayers.
For imported goods for which environmental
protection tax is paid in cash directly to customs offices, customs offices
shall issue tax receipts to taxpayers. Receipts of environmental protection tax
on imported goods comply with the General Department of Customs’ guidance.
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Clause 4, Article 7 of the Ministry of Finance’s
Circular No. 152/2011/TT-BTC of November 11, 2011, guiding the implementation
of Decree No. 67/2011/ND-CP, on environmental protection tax, guides as
follows:
“For organizations and individuals that sell
goods liable to environmental protection tax, value-added tax calculation
prices are those inclusive of environmental protection tax.”
Clauses 1 and 2, Article 10 of Circular No.
152/2011/TT-BTC stipulate:
“1. This Circular takes effect on January 1,
2012…
2. Organizations and individuals that produce or
trade in petrol and oil are not required to declare and pay environmental
protection tax for petrol and oil volumes for which they have declared and paid
the petrol and oil charge before January 1, 2012.
Point 2 of Official Letter No. 18080/BTC-CST of
December 30, 2011, guiding value-added tax calculation prices of goods liable
to environmental protection tax from January 1, 2012, as follows:
“For goods liable to environmental protection
tax and sold by their producers or traders, value-added tax calculation prices
are sale prices inclusive of excise tax (if any) and environmental protection
tax but exclusive of value-added tax.”
According to the above guidance, for petrol and
oil volumes for which the petrol and oil charge has been paid by petrol and oil
traders before January 1, 2012, VAT calculation prices from January 1, 2012,
are sale prices inclusive of the petrol and oil charge but exclusive of VAT.
6. Regarding the method of writing value-added
invoices for goods liable to environmental protection tax
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Any problems arising in the course of
implementation should be reported by provincial-level Tax Departments and
Customs Departments to the Ministry of Finance for study and settlement.
FOR THE
MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan