THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
194/2003/QD-BTC
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Hanoi,
November 28, 2003
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DECISION
PROMULGATING THE
REGULATION ON TAX AND CUSTOMS MANAGEMENT REGIMES FOR THE EXPERIMENTAL EXPANSION
OF FUNCTIONS OF ENTERPRISES IN TAN THUAN EXPORT-PROCESSING ZONE
THE MINISTER OF FINANCE
Pursuant to the Government's Decree No.
86/2002/ND-CP dated November 5, 2002 prescribing the functions, tasks, powers
and organizational structures of the ministries and ministerial-level agencies;
Pursuant to the Prime Minister's Official Dispatch No. 1395/CP-CN dated
November 8, 2002 and Official Dispatch No. 891/CP-CN dated July 4, 2003 on the
experimental expansion of the operational functions of Tan Thuan
export-processing zone;
Pursuant to the Ministry of Planning and Investment's Official Dispatch No.
7322/BKH/KCN dated November 18, 2002 and Official Dispatch No.
4206/BKH/KCN&KCX dated July 11, 2003;
At the proposal of the General Director of Customs,
DECIDES:
Article 1. To promulgate together with
this Decision the Regulation on tax and customs management regimes for the
experimental expansion of functions of enterprises in Tan Thuan
export-processing zone.
Article 2. This Decision takes effect 15
days after its publication in the Official Gazette.
Article 3. The General Director of
Customs, the heads of units under the Ministry of Finance and concerned
organizations and individuals shall have to implement this Decision.
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FOR THE
MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung
REGULATION
ON TAX AND
CUSTOMS MANAGEMENT REGIMES FOR THE EXPERIMENTAL EXPANSION OF FUNCTIONS OF
ENTERPRISES IN TAN THUAN EXPORT-PROCESSING ZONE
(Issued together with the Minister of Finance's Decision No. 194/2003/QD-BTC
dated November 28, 2003)
I. GENERAL PROVISIONS
1. This Regulation guides the customs
procedures, customs inspection and supervision regimes and tax management for
activities of goods import, export and exchange by export-processing
enterprises in Tan Thuan export-processing zone, which are allowed to expand
their operational functions under the Ministry of Planning and Investment's
Official Dispatch No. 7322/BKH/KCN dated November 18, 2002 and Official
Dispatch No. 4206/BKH/KCN&KCX dated July 11, 2003.
For other activities of export-processing
enterprises, which are not included in the experimental expansion of their
functions, the applicable customs procedures and tax policies shall comply with
the current regulations in the Government's Decree No. 36/CP dated April 24,
1997 and relevant guiding documents.
2. Enterprises in Tan Thuan export-processing
zone must make separate accounting for experimental business and service
activities and have separate warehouses and yards for storing these goods.
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1. For the services of providing goods and raw
materials to enterprises in Tan Thuan export-processing zone and inland areas
from domestic and/or foreign sources:
For these activities, enterprises must set up
their own bonded warehouses or sign contracts on hiring bonded warehouses in
Tan Thuan export-processing zone. The setting up or hire of bonded warehouses;
goods put in, taken out of, stored and preserved in bonded warehouses, as well
as other related matters shall comply with the Government's Decree No.
101/2001/ND-CP dated December 31, 2001.
2. For the services of purchasing, preserving,
processing, re-processing and packing home-made products for sale into foreign
countries and purchasing, preserving, processing, re-processing and packing
foreign products for sale into inland areas.
2.1. Regarding the services of purchasing,
preserving and packing home-made products for sale into foreign countries and
purchasing, preserving and packing foreign products for sale into inland areas:
- Enterprises may provide these services by mode
of goods consignment at bonded warehouses or;
- They may directly carry out the import and
export procedures at the customs office of Tan Thuan export-processing zone if
goods are to be immediately exported to foreign countries or import goods are
to be immediately brought out for consumption in inland areas.
Export-processing enterprises shall have to strictly abide by the current import
and export policies.
For the services of purchasing, preserving and
packing home-made products for sale into foreign countries, export-processing
enterprises shall have to declare and pay export tax and be refunded with the
value added tax on export goods.
For the services of purchasing, preserving and
packing of foreign products for sale into the inland areas, export-processing
enterprises shall have to declare and pay import tax, value added tax and
special consumption tax (if any) as prescribed for import goods.
2.2. Regarding the activities of re-processing
home-made products for sale into foreign countries and foreign products for
sale into inland areas:
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- When export-processing enterprises purchase
products from inland areas into Tan Thuan export-processing zone for
re-processing, the customs office of Tan Thuan export-processing zone shall
carry out the export procedures for Vietnamese enterprises and organizations
(hereinafter called Vietnamese enterprises for short) according to the
regulations on export goods. Vietnamese enterprises shall be refunded with the
value added tax on export goods.
- When exporting products to foreign countries,
export-processing enterprises shall carry out the export procedures at the
Customs Sub-Department of Tan Thuan export-processing zone; in the export
declarations, they must clearly state that the export goods are purchased for
re-processing under declarations No, datedThe Customs Sub-Department of Tan
Thuan export-processing zone shall carry out the export procedures according to
current regulations on export goods of export-processing enterprises.
b) For the activities of re-processing foreign
products for sale into inland areas
- When importing products from foreign countries
into the export-processing zone for re-processing, export-processing
enterprises shall register to carry out the customs procedures at the customs
office of Tan Thuan export-processing zone; the customs declarations must
clearly state that goods are imported for re-processing for domestic
consumption.
- When consuming goods in inland areas,
Vietnamese enterprises purchasing goods shall have to carry out the import
procedures at the customs office of Tan Thuan export-processing zone and pay
import tax, value added tax and special consumption tax (if any) according to
current regulations on import goods.
2.3. For the activities of processing home-made
products for sale into foreign countries and foreign products for sale into
inland areas:
As the processed goods belong to the ownership
of processee-enterprises but not to the ownership of processor-enterprises
(export-processing enterprises), the processing undertaking and ordering shall
comply with current regulations on processed goods; the sale of goods processed
at Tan Thuan export-processing zone on foreign traders' orders into inland
areas shall comply with the regulations on the on-the-spot import and export of
processed goods as provided for in the Government's Decree No. 44/2001/ND-CP
dated August 2, 2001 amending and supplementing Decree No. 57/1998/ND-CP dated
July 31, 1998 and Circular No. 07/2000/TT-TCHQ dated November 2, 2000 of the
General Department of Customs; the sale of goods processed at Tan Thuan
export-processing zone on Vietnamese enterprises' orders into foreign countries
shall comply with current regulations on export goods.
3. Services of purchasing goods from foreign
countries for sale in the third country:
- For these services, enterprises shall open
registration declarations in the form of temporary import for re-export. The
procedures for temporary import and re-export shall be carried out at the
Customs Sub-Department of Tan Thuan export-processing zone. The transportation
of temporarily imported goods from border-gates to Tan Thuan export-processing
zone and the transportation of re-exported goods from Tan Thuan
export-processing zone to border-gates shall comply with the regulations on
goods transported from border-gate to border-gate.
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4. On the calculation of import tax on the value
of raw materials and supplies imported for processing for sale into inland
areas:
- The registration of processing contracts and
the customs procedures shall comply with current regulations on export-processing
enterprises undertaking the processing for sale into inland areas.
- When importing processed products into the
inland areas, Vietnamese enterprises ordering the processing shall have to pay
import tax, value added tax and special consumption tax (if any). The payable
import tax amount shall be calculated only on the volumes of raw materials and
supplies imported from foreign countries which constitute the processed goods,
the value added tax shall be calculated on the total amount of the processing
costs plus import tax amount and special consumption tax amount (if any). Bases
for determining the payable import tax amount on the volumes of raw materials
and supplies imported from foreign countries which constitute the processed
products include:
+ The value of each kind of import raw materials
and supplies in a product unit (shall be calculated as being equal to the
import prices (CIF) from foreign countries or the prices of raw materials and
supplies of the same kinds on the domestic market (in VND) multiplied with the
consumption norms of each kind of import raw materials and supplies in each
goods unit, which are elaborated by export-processing enterprises themselves.
The directors of export-processing enterprises shall bear responsibility before
law for the truthfulness of these norms.
+ The quantity of products to be imported back
into Vietnam's inland areas.
+ The import tax rates for each kind of raw
materials and supplies.
5. The activities of experimentally expanding
the functions of enterprises in Tan Thuan export-processing zone shall be
exempt from enterprise income tax for one year after taxable incomes are
generated; after the period of enterprise income tax exemption, these
activities shall be subject to enterprise income tax rate of 28%.
III. IMPLEMENTATION ORGANIZATION
1. The Customs Departments and Tax Departments
of provinces and centrally-run cities, concerned enterprises and units shall
have to implement this Regulation.
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In cases where enterprises show sign of
untruthfulness in their reports or commit fraudulence to evade tax, the customs
office of Tan Thuan export-processing zone and the Tax Department of Ho Chi
Minh city may inspect the expansion of functions of enterprises in Tan Thuan
export-processing zone.
3. In the course of implementing this
Regulation, concerned units and organizations should promptly detect and report
problems and loopholes to the Ministry of Finance for timely direction.
FOR THE
MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung