THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
96/2011/TT-BTC
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Hanoi,
July, 4, 2011
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CIRCULAR
GUIDING
THE FINANCIAL POLICIES SPECIFIED IN THE PRIME MINISTER'S DECISION NO.
12/2011/QD-TTG OF FEBRUARY 24, 2011, ON POLICIES ON DEVELOPMENT OF A NUMBER OF
SUPPORTING INDUSTRIES
Pursuant to June 14, 2005 Law
No. 45/ 2005/QH11 on Import Duty and Export Duty and the Government's Decree
No. 87/2010/ND-CP of August 13, 2010, detailing the implementation of a number
of articles of the Ease on Import Duty and Export Duly;
Pursuant to June 3, 2008 Law
No. 13/2008/ QH12 on Value Added Lax and the Government's Decree No.
I23/2008/NDCP of December 8, 2008, detailing and guiding a number of articles
of the Law on Value Added Tax;
Pursuant to June 3, 2008 Law
No. 14/2008/ QH12 on Enterprise Income Lax and the Government's Decree No.
124/2008/ND-CP of December 11, 2008, detailing and guiding a number of articles
of the Law on Enterprise Income Tax;
Pursuant to June 17, 2010 Law
No. 48/ 2010/QH12 on Non-Agricultural Land Use Tax-Pursuant to the Government's
Decree No.198/2004/ND-CP of December 3, 2004, on collection of land use levy
and Decree No. 44/ 2008/ND-CP of April 9, 2008, amending and supplementing a
number of articles of Decree No. 198/2004/ND-CP;
Pursuant to the Government's
Decree No. 120/2010/ND CP of December 30, 2010, amending and supplementing a
number of articles of the Government's Decree No. 198/ 2004/ND-CP of December 3,
2004, on collection of land use levy;
Pursuant to the Government's
Decree No. 142/20O5/ND-CP of November 14, 2005, on collection of land and water
surface rents and Decree No. 121/2010/ND-CP of December 30, 2010, amending and
supplementing a number of articles of Decree No. 142/2005/ND-CP:
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Article 1. Scope of
regulation
This Circular guides financial
policies to encourage the development of supporting industries of mechanical
engineering, electronics-informatics, automobile manufacture and assembly,
textile and garment, leather-footwear and hi-tech industry development as
specified in Decision No. 12/2011/QD-TTg.
Article 2. Subjects of
application
1. State management agencies,
organizations and individuals related to supporting industries.
2. Projects to manufacture
supporting industry products. Supporting industry products are those identified
under Clause 2. Article 3 of Decision No. 12/2011/QD-TTg or named in the Prime
Minister-promulgated list of priority supporting industry products referred to
at Point a. Clause J, Article 5 of Decision No. 12/2011/QD-TTg.
Article 3. Import duty and
export duty incentives
1. Projects on domains on the
list of those eligible for import duty incentives provided in Appendix 1 to the
Government's Decree No. 87/2010/ND-CP of August 13, 2010, detailing a number of
articles of the Law on Import Duty and Export Duty (Decree No. 87/2010/ND-CP)
or in geographical areas eligible for import duly incentives specified in
Clause 18, Article 12 of Decree No. 87/2010/ND-CP. are entitled to import duty
and export duty incentives under Article 12 of Decree No. 87/2010/ND-CP,
specifically as follows:
1.1. Import duty exemption for:
a/ Equipment and machinery;
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c/ Parts, details, knocked-down
parts, spare parts, fittings, molds, models and accessories for assembly with
equipment, machinery and special-use means of transport specified at Points a
and b of this Clause;
d/ Domestically unavailable
materials and supplies which are used for manufacturing equipment and machinery
in technological lines or manufacturing parts, details, knocked-down parts,
spare parts, fittings, molds, models and accessories for assembly with
equipment and machinery specified at Point a of this Clause;
e/ Domestically unavailable
construction materials.
1.2. Import duty exemption for
the imports specified in Clause 1.1 of this Article also applies to project
expansion, technology replacement or renewal.
1.3. Import duly exemption for 5
(five) years after the date of production commencement for domestically
unavailable raw materials, supplies and components which are imported to serve
production activities under projects on domains eligible for import duty
incentives specified in Appendix I to Decree No. 87/2010/ND-CP or in
geographical areas facing extreme socio-economic difficulties (except projects
to manufacture or assemble automobiles, motorcycles, air conditioners, electric
heaters, refrigerators, washing machines, electric fans, dish washers. CD
players, sound systems, electric irons, kettles, hair dryers, hand dryers and
other items under the Prime Minister's decisions).
2. Import duty exemption for
domestically unavailable raw materials and supplies which are imported for
software production.
3. Import duty exemption for
goods imported for scientific research and technological development, including
domestically unavailable machinery, equipment, spare parts. supplies and means
of transport and technologies: scientific documents, books, newspapers and
journals and sources of electronic information on science and technology.
4. Goods manufactured,
processed, reprocessed or assembled in non-tariff zones without the use of
imported raw materials and parts, when being imported into the domestic market,
are exempt from import duty: for those manufactured, processed, re-processed or
assembled with the use of imported raw materials or parts, when imported into
the domestic market, import duly shall be paid only for volumes of imported raw
materials and parts constituting these goods.
5. For goods imported for export
production or export into non-tariff zones, paid import duty amounts, if any.
shall be refunded in proportion to the quantity of products actually exported.
For exports which are certified to be wholly processed from imported raw
materials, export duty is exempted.
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Article 4. Borrowing of state
development investment credit
Projects to manufacture
supporting industry products shall be considered for borrowing state
development investment credit to meet part of their funding needs under the
Government's regulations on state investment and export credit and guiding
documents.
Article 5. Financial
assistance policies according to regulations on development support for small-
and medium-sized enterprises
Small- or medium-sized
enterprises investing in projects to manufacture supporting industry products
are entitled to financial assistance policies under the Government's Decree No.
56/2009/ND-CP of June 30, 2006, on development support for small- and
medium-sized enterprises and the following guiding documents:
1. The Prime Minister's Decision
No. 03/ 2011/QD-TTg of January 10, 2011, promulgating the Regulation on
guarantee for small- and medium-sized enterprises to borrow loans from
commercial banks.
2. Joint Circular No. 05/2011/TTLT-BKHDT-BTC
of March 31, 2011, of the Ministry of Planning and Investment and the Ministry
of Finance, guiding human resource training support for small- and medium-sized
enterprises.
3. The Prime Minister's Decision
No. 21/ 2011/QD-TTg of April 6, 2011, extending the deadline for payment of
enterprise income tax for small- and medium-sized enterprises in order to
remove difficulties and boost economic development in 2011; the Ministry of
Finance's Circular No. 52/2011/TT-BTC of April 22, 2011, guiding the Prime
Minister's Decision No. 21/2011/QD-TTg of April 6, 2011.
Article 6. Tax incentives for
projects to manufacture supporting industry products for hi-tech industry
development
Projects to manufacture
supporting industry products for hi-tech industry development are entitled to
lax policies under the law on high technologies, specifically as follows:
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a/ Projects to manufacture
supporting industry products for hi-tech industry development on the list of
domains eligible for import duty incentives provided in Appendix I to Decree
No. 87/2010/ND-CP or in geographical areas eligible for import duty incentives
provided in Clause 18. Article 12 of Decree No. 87/2010/ND-CP are eligible for
import duly incentives under Clause 1, Article 3 of this Circular.
b/ Projects to manufacture
supporting industry products for hi-tech industry development are eligible for
import duty and export duty incentives under Clauses 2, 3,4 and 5. Article 3 of
this Circular, provided that they satisfy relevant conditions.
c/ Procedures for provision of
import duly and export duty incentives comply with Circular No.
194/2010/TT-BTC.
2. Regarding enterprise income
tax:
a/ Projects to manufacture
supporting industry products for hi-tech industry development belonging to
enterprises newly formed under investment projects in hi-tech sectors,
scientific research and technological development or software production or
enterprises newly formed under investment projects in geographical areas facing
socio-economic difficulties or extreme socio-economic difficulties are eligible
for enterprise income tax rates and tax exemption or reduction under Chapter III
of the Law on Enterprise Income Tax.
b/ Bases for application of
preferential enterprise income tax rates and tax exemption or reduction comply
with the Government's Decree No. 124/2008/ND-CP of December 11, 2008, detailing
and guiding a number of articles of the Law on Enterprise Income Tax, the
Ministry of Finance's Circular No. 130/2008/TT-BTC of December 26, 2008,
guiding a number of articles of Law No. 14/2008/QH12 on Enterprise Income Tax.
and the Government's Decree No. 124/2008/ND-CP of December 11, 2008, and the
Ministry of Finance's Circular No. 18/2011/TT-BTC of February 10, 2011,
amending and supplementing Circular No. 130/2008/TT-BTC.
Article 7. Guidance on other
tax and payment incentives
1. Regarding value-added tax:
a/ Enterprises having projects
to manufacture supporting industry products shall perform their value-added tax
obligations under the Law on Value-Added Tax and the Government's Decree No.
123/2008/ND-CP of December 8, 2008, detailing and guiding a number of articles
of the Law on Value-Added Tax.
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2. Regarding land use levy, land
and water surface runt and non-agricultural land use tax:
Projects to manufacture
supporting industry products on domains eligible for investment incentives or
special investment incentives or in geographical areas facing socio-economic
difficulties or extreme socio-economic difficulties are eligible for:
a/ Land use levy exemption or
reduction under the Government's Decree No. 198/2004/ND-CP of December 3. 2004.
on collection of land use levy: Decree No. 44/2008/ND-CP of April 9, 2008, and
Decree No. 120/2010/ND-CP of December 30, 2010, amending and supplementing a
number of articles of Decree No. 198/2004/ND-CP, and guiding documents.
b/ Land and water surface rent
exemption or reduction under the Government's Decree No. 142/2005/ND-CP of
November 14, 2005, on collection of land and water surface rents and Decree No.
121/2010/ND-CP of December 30, 2010, amending and supplementing a number of
articles of Decree No. 142/2005/ND-CP. and guiding documents.
c/ Non agricultural land use tax
exemption or reduction under the Law on Non-Agricultural Land Use Tax and its
guiding documents.
Article 8. Effect
1. This Circular takes effect on
August 18, 2011.
2. In the course of
implementation of this Circular, if relevant documents mentioned in this
Circular are amended, supplemented or replaced with new ones, new documents
apply.-
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FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan