NATIONAL
ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
Law No. 32/2013/QH13
|
Hanoi, June 19, 2013
|
LAW
ON THE AMENDMENTS TO THE
LAW ON CORPORATE INCOME TAX
Pursuant to the Constitution of Socialist
Republic of Vietnam 1992, amended in the Resolution No. 51/2001/QH10;
The
National Assembly promulgates a law on the amendments to the Law on Corporate
income tax No. 14/2008/QH12.
Article 1. The amendments to the Law on Corporate
income tax:
1. Clause
3 of Article 2 is amended as follows:
“3.
The permanent establishments of a foreign enterprise are the places through
which the foreign enterprise carries out part or the whole business in Vietnam,
including:
a) Branches, executive offices, factories,
workshops, means of transport, oil fields, gas files, miles or other natural
resource extraction sites in Vietnam;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Service providing centers,
including counseling services via employees or other organizations or individuals;
d)
Agents of foreign enterprises;
dd)
Representatives in Vietnam that are competent to sign contracts under the name
of the foreign enterprise or that are not competent to sign contracts under the
name of the enterprise but regularly provide goods or services in Vietnam.”
2. Clause
2 of Article 3 is amended as follows:
“2.
Other incomes include incomes from the transfer of capital, the right to
capital contribution; incomes from transfer of real estate, investment project,
the right to participate in investment project, the transfer of the right to
explore, extract, and process minerals; incomes from the right to use property
and property ownership, including incomes form intellectual property right;
incomes from transferring, leasing, and liquidating assets, including valuable
papers; incomes from interest on deposit, capital loan, sale of foreign
currency; revenues from written of bad debts that are repaid; revenues from
debts of unidentified debtors; omitted incomes in previous years, and other
incomes, including incomes from business outside Vietnam.”
3. Clause
1 and Clause 4 of Article 4 is amended, Clauses 8, 9, 10, and 11 are added to
Article 4 as follows:
“1.
incomes from farming, breeding, aquaculture, salt production of cooperatives;
incomes of cooperatives from agriculture, forestry, fisheries, and salt
production in disadvantaged areas or extremely disadvantaged areas; incomes of
enterprises from farming, breeding, aquaculture in extremely disadvantaged
areas; incomes from fisheries.”
“4.
Incomes from production and sale of goods and services of enterprises that have
at least 30% of the employees are disabled people, detoxified people, suffers
of HIV/AIDS, and have at least 20 employees, except for enterprises engaged in
finance and real estate business.”
“8.
Incomes from the transfer of Certified Emissions Reductions (CERs) of
enterprises issued with CERs.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10. Undistributed incomes of private organizations,
which make investment in education, health, and other fields, that are kept to
serve their development in accordance with the laws on education, health, and
other fields; the incomes that form the undistributed assets of cooperatives
established and operating in accordance with the Law on Cooperatives.
11. Incomes
from transfer of technologies that are prioritized to be to organizations and
individuals in extremely disadvantaged areas.”
4. Clause
3 of Article 7 is amended as follows:
“3.
Incomes from transfers of real estate, investment project, the right to
participate in investment projectss, the right to explore, extract, and process
minerals must be separated. The loss
on transfers of investment projects (except for mineral exploration and mineral
extraction projects), incomes from transfers of the right to participate in
investment projects (except for the mineral exploration and mineral extraction
projects), incomes from transfer of real estate shall be offset against the
profit in the tax period.”
5. Article
9 is amended as follows:
“Article
9. Deductible and non-deductible expenditures
1. Except
for the expenditures mentioned in Clause 2 of this Article, all expenditures
are deductible when calculating taxable income if they meet the conditions
below:
a) Actual expenditures related to
the business of the enterprise; expenditures on National defense and security
of enterprise according to law;
b)
Expenditures that have sufficient invoices and documents according to law. The
invoice for any purchase of goods or services of at least 20 million VND must
be enclosed with proof of cashless payment, except for the cases in which proof
of cashless payment is not required by law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The expenditures that fail to
meet all conditions in Clause 1 of this Article, except for the loss cause by
natural disasters, epidemics, and other force majeure that are not compensated.
b)
Fines for administrative violations;
c) The expenditures that are covered
by other budgets;
d)
The administrative expense allocated by the foreign enterprise to the permanent
establishment in Vietnam that exceeds the limit imposed by Vietnam’s law.
dd)
The extra expenditure according to the laws on making provision;
e) The expenditure on interest on
loans that are not given by credit institutions or economic organizations and
exceed 150% of basic interest rates announced by the State bank of Vietnam when
the loan is taken.
g)
Improper depreciation of fixed assets;
h)
Improper prepaid expenses;
i)
Wages and remunerations of owners of private enterprises; wages of founders
that do not participate in business management; wages, remunerations, and
amounts payables to the employees that are not actually paid or do not have
invoices according to law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
l)
Deducted input VAT, VAT paid using the credit-invoice method, corporate income
tax;
m)
The expenditure on advertising, marketing, promotion, commissions, receptions,
conferences, support for marketing and expenditures directly related to
business that exceed 15% of the deductible amount. The
total deductible amount does not include the expenditures in this Point; for
commercial activities, the total deductible amount does not include the
purchase prices of goods;
n)
Donations, except for donations for education, health, scientific research,
disaster recovery, houses of unity, houses of gratitude, houses for
beneficiaries of social policies according to law, donations for extremely
disadvantaged areas according to state programs;
o)
Voluntary payments to retirement funds or social security funds, payments for
voluntary retirement insurance for employees that exceed the limits imposed by
law;
p)
Expenditures on businesses: banking, insurance, lottery, securities, and some
other special businesses specified by the Minister of Finance.
3. Expenditures
in foreign currency, unless to serve the calculation of taxable incomes that must
be converted into VND, according to the average exchange rates on the interbank
foreign currency market that are announced by the State bank of Vietnam when
the expenditures occur.
The Government shall elaborate and
provide guidance on the implementation of this Article.”
6. Article
10 is amended as follows:
“Article
10. Tax rate
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
From
January 1st 2016, the tax rate of 20% shall apply to the cases to
which the tax rate of 22% in this Clause applies.
2. Any
enterprise whose total revenue in the year does not exceed 20 billion VND shall
be eligible for applying the tax rate of 20%.
The
revenue used as the basis for identifying enterprises eligible for the tax rate
of 20% in this Clause is the revenue of the previous year.
3.
The rates of corporate income tax on the
exploration and extraction of oil and other rare resources in Vietnam range
between 32% and 50% depending on each project and each business establishment.
The Government shall elaborate and
provide guidance on the implementation of this Article.”
7. Article
13 is amended as follows:
“Article
13. Tax incentives
1. The tax rate of 10% shall apply for 15 years to:
a) Incomes of enterprises from the
execution of new investment projects in extremely disadvantaged areas, economic
zones, and hi-tech zones;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Incomes of hi-tech enterprises
and agricultural enterprises that apply high technologies according to the Law
on High Technologies;
d)
Incomes of enterprises from the execution of new investment projects in
production (except for the production of articles subject to excise duties and
mineral extraction projects), which meet one of the two criteria below:
- Any project of which the capital is at least
6,000 billion VND that is released within 3 years from the day on which the
Investment certificate is issued, and the total revenue reaches at least 10,000
billion VND within 3 years from the first year in which revenue is earned;
- Any project of which the capital is at least
6,000 billion VND that is released within 3 years from the day on which the
Investment certificate is issued, and employ more than 3,000 workers.
2. The tax rate of 10% shall apply to:
a) Incomes of private enterprises
from investment in education, vocational training, health, culture, sports, and
environment;
b)
Incomes of enterprises from the investments in social housing that are for
sale, for lease, or for hire purchase according to Article 53 of the Law on
Housing;
c) Incomes from press agencies from
printing newspapers, including advertisements on printed newspapers according
to the Law on Press; incomes of publishers from publishing according to the Law
on Publishing;
d)
Incomes of enterprises from: planting, cultivating, protecting forests;
cultivating, processing agriculture and aquaculture products in disadvantaged
areas; producing forestry products in a disadvantaged area; producing,
propagating, cross-breeding plants and animals; producing and refining salt,
except for the types of salt defined in Clause 1 Article 4 of this Law;
investment in preservation of harvested farm produce, preservation of
agriculture products, aquaculture products, and foods;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The tax rate of 20% shall apply for 15 years to:
a) Incomes of enterprises from the
execution of new investment projects in disadvantaged areas;
b)
Incomes of enterprises from the execution of new investment projects,
including: production of high-grade steel; production of energy-saving
products; production of machinery and equipment serving agriculture, forestry,
aquaculture, salt production; production of irrigation equipment; production
and refinement of feed for livestock, poultry, and aquatic organism;
development of traditional trades.
From
January 01, 2016, incomes of the enterprises defined in this Clause are
eligible for the tax rate of 17%.
4. The tax
rate of 20% shall apply to incomes of people's credit funds and microfinance
institutions.
From
January 01, 2016, incomes of people's credit funds and microfinance
institutions are eligible for the tax rate of 17%.
5. For
special projects that need to attract a lot of investment and high
technologies, the period of preferential tax rates may be extended, but the
extension shall not exceed 15 years.
6. The
period of preferential tax rates in this Article begins from the first year in
which revenue from the new investment project is earned; for hi-tech
enterprises and agricultural enterprises that apply high technologies, this period
begins from the day on which the certificate of hi-tech enterprise or
certificate of hi-tech agricultural enterprise is issued; for projects of high
technology application, this period begins from the day on which the
certificate of hi-tech application project is issued.
The Government shall elaborate and
provide guidance on the implementation of this Article.”
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article
14. Preferential duration of tax exemption and tax reduction
1. Incomes
of enterprises from the execution of new investment projects provided for in
Clause 1 and Point a Clause 2 Article 13 of this Law, incomes of hi-tech
enterprises, hi-tech agricultural enterprises are eligible for tax exemption
for up to 4 years, and eligible for 50% tax reduction for up to 9 more years.
2. Incomes
of enterprises from the execution of new investment projects provided for in
Clause 3 Article 13 of this Law, incomes of enterprises from the execution of
new investment projects in industrial parks, except for industrial parks in
advantaged areas, are eligible for tax exemption for no more than 2 years, and
eligible for 50% reduction in tax for no more than the next 4 years.
3. The
period of tax exemption and tax reduction applicable to incomes of enterprises
from the execution of new investment projects in Clause 1 and Clause 2 of this
Article begins from the first year in which taxable income from the investment
projects is earned. If no taxable income is earned in the first three years
from the first year in which revenue from the project is earned, the period of
tax exemption and tax reduction shall begin from the fourth year. The period of
preferential tax rates applicable to hi-tech enterprises and agricultural
enterprises that apply high technologies mentioned in Point c Clause 1 Article
13 of this Law begins from the date of issuance of the certificate of hi-tech
enterprise or certificate of hi-tech agricultural enterprise.
4. When an
enterprise, which has investment projects in the fields or areas eligible for
corporate income tax incentives according to this Law, expands the production
scale, increases the productivity, upgrades production technologies
(expansion), it may choose between tax incentives for operating projects for
the remaining time (if any) or tax exemption or reduction for the additional
incomes from expansion if one of the three criteria in this Clause is
satisfied. The period of tax
exemption and tax reduction for the additional incomes from expansion in this
Clause is equal to the period of tax exemption and tax reduction for new
investment projects in the same field or area that is eligible for corporate
income tax incentives.
The
expansion must satisfy one of the criteria below to be given incentives:
a) The cost of additional fixed
assets reaches at least 20 billion VND when the investment project is completed
and commenced, applicable to expanding investments in the fields eligible for
corporate income tax incentives according to this Law, or at least 10 billion
VND, applicable to expanding investments in disadvantaged or extremely
disadvantaged areas;
b)
The proportion of cost of additional fixed assets reaches at least 20% of the
total cost of fixed assets before investment;
c) The designed capacity increases
by at least 20% after investment.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
If
an enterprise is eligible for tax incentives for expansion, the additional
income from expansion shall be recorded separately; if it is not able to be
recorded separately, the income from expansion shall be determined according to
the ratio of the cost of new fixed assets to the total cost of fixed assets of
the enterprise.
The
period of tax exemption and tax reduction in this Clause begins from the year
in which the investment project is finished and its operation is commenced.
The
tax incentives in this Clause do not apply to extensions on account of merger
or acquisition of enterprises or investment projects in operation. The
Government shall elaborate and provide guidance on the implementation of this
Article.”
9. Clause
3 is added to Article 15 as follows:
“3.
Any enterprise that transfers prioritized technologies to other organizations
and individuals in disadvantaged areas shall be eligible for 50% reduction in
corporate income tax on the income from technology transfers.”
10. Article
16 is amended as follows:
“Article
16. Transferring loss
1. An
enterprise may transfer its loss to the next year; this loss is deducted from
assessable income. The period of loss transfer must not exceed 5 years
from the year succeeding the year in which the loss is incurred.
2. Any
enterprise which is still at a loss after offsetting its loss on transfers of
real estate, transfers of investment projects, transfers of the right to
participate in investment project, according to Clause 3 Article 7 of this Law,
and any enterprise which makes a loss from transfers of the right to explore
and extract minerals may transfer the loss to the next year and offset it
against the assessable incomes from such activities. The period of loss
transfer shall comply with Clause 1 of this Article.”
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1.
Any enterprise established and operated within Vietnam’s law may use no more
than 10% of the annual assessable income to establish its science and
technology development fund. Apart
from establishing the science and
technology development fund, state-owned enterprise must ensure the minimum
amount for the fund according to the laws on science and technology.”
12. Article
18 is amended as follows:
“Article
18. Conditions for tax incentives
1. The
corporate income tax incentives provided for in Article 13, 14, 15, 16, and 17
of this law are applicable to the enterprises that follow the regime for
accounting and invoicing, and pay tax according to declarations.
Corporate income tax incentives for
new investment project defined in Article 13 and Article 14 of this Law are not
applicable to division, merger, amalgamation, and conversion of enterprises,
change of ownership, and other cases according to law.
2.
Enterprises must separate the incomes from
the operations eligible for tax incentives defined in Article 13 and Article 14
of this Law from the incomes from the operations that are not eligible for tax
incentives; if such incomes are not able to be separated, the income from the
operations eligible for tax incentives shall be determined based on the ratio
of the revenue from the operations eligible for tax incentives to the total
revenue of the enterprise.
3. The tax rate of 20% in Clause 2 Article 10 and
the tax incentives in Clause 1 and Clause 4 Article 4, Article 13, and Article
14 of this Law are not applicable to:
a) Incomes from transfer of capital,
transfers of the right to contribute capital; incomes from the transfers of
real estate, except for social housing specified in Article 13 of this Law;
incomes from transfers of investment projects, transfers of the right to
participate in investment projectss, transfers of the right to explore and
extract minerals; incomes from operations outside Vietnam;
b)
Incomes from the exploration and extraction of petroleum and other rare
resources, and incomes from mineral extraction;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
Other cases decided by the Government.
4. If an
enterprise is eligible to multiple tax incentives for the same income at the
same time, it may choose the most advantageous incentive.”
Article 2.
1. This Law takes effect on January 01, 2014, except
from Clause 2 of this Article.
2.
The regulations on the application of the
tax rate of 20% to the enterprises of which the total annual revenue does not
reach 20 billion VND in Clause 6 Article 1, and the regulations on the
application of the tax rate of 10% to the incomes of enterprises from the
social housing in Clause 7 Article 1 of this Law takes effect on July 01, 2013.
3. The
enterprises having investment projects that are still eligible for corporate
income tax incentives after the end of the tax period 2013 (tax rate, tax
exemption or reduction duration) according to the legislative documents on
corporate income tax before this Law takes effect are still eligible for such
incentives for the remaining time according to such documents. Where the conditions for tax incentives in this
Law are satisfied, enterprises may choose between the incentives they are
having or the incentives in this Law for the remaining time, applicable to new
investments or extension.
By
the end of the tax period 2015, enterprises having investment projects that are
eligible for the preferential tax rate of 20% in Clause 3 Article 13 of the Law
on Corporate income tax No. 14/2008/QH12
amended in Clause 4 Article 1 of this Law are eligible for the tax rate of 17%
for the remaining time from January 01, 2016.
4. The following regulations on corporate
income tax are annulled:
a) Clause 2 Article 7 of the Law on
Deposit insurance No. 06/2012/QH13;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Clause 1 of Article 10; Clause 1
of Article 12; Clause 2 of Article 18; Clause 2 of Article 19; Clause 1 and
Clause 2 of Article 22; Clause 3 of Article 24 and Clause 2 of Article 28 of
the Law on High Technologies No. 21/2008/QH12;
d)
Clauses 1, 4, 5, 6, 7, and 8 of Article 44, and Article 45 of the Law on
Technology transfers No. 80/2006/QH11;
dd)
Clause 1 of Article 53, Clause 5 of Article 55, and Clause 3 of Article 86 of
the Law on Enterprises No. 76/2006/QH11;
e) Clause 1 of Article 68 of the Law
on Vietnamese guest workers No. 72/2006/QH11;
g)
Clause 2 Article 6 of the Law on Social insurance No. 71/2006/QH11;
h)
Clause 3 Article 8 of the Law on Legal Assistance No. 69/2006/QH11;
i)
Clause 3 Article 66 of the Law on Higher Education No. 08/2012/QH13;
k)
Article 34 of the Law on Disabled people No. 25/2008/QH12;
l)
Clause 4 Article 33 of the Law on Investment No. 59/2005/QH11;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5.
The Government shall elaborate and provide
guidance on the implementation of this Law.
This Law is passed by the 13th
National Assembly of Socialist Republic of Vietnam in the 5th
session on June 19, 2013.
PRESIDENT
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung