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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
101/2011/ND-CP
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Hanoi,
November 04, 2011
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DECREE
DETAILING THE IMPLEMENTATION OF THE RESOLUTION
NO.08/2011/QH13 OF THE NATIONAL ASSEMBLY ON ADDITIONAL ISSUANCE OF SOME TAX
SOLUTIONS TO REMOVE DIFFICULTIES FOR ENTERPRISES AND INDIVIDUALS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Law on
Enterprise Income Tax and the Law on Value Added Tax dated June 03, 2008;
Pursuant to the Law on
Personal Income Tax dated November 21, 2007;
Pursuant to the Law on Tax
Administration dated November 29, 2006;
Pursuant to the Resolution
No.08/2011/QH13 dated August 06, 2011 of the National Assembly;
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DECREES:
Article 1.
Scope of governing
This Decree details the
implementation the Resolution No.08/2011/QH13 dated August 06, 2011 by the
National Assembly issuing a number of tax solutions to remove difficulties for
enterprises and individuals.
Article 2.
Reduction of enterprise income tax in 2011 of small and medium enterprises,
enterprises employing many laborers
1. Reduce 30% of payable
enterprise income tax amounts in 2011 of small and medium enterprises, except
for the tax on income from the trade of lottery, real estate, securities,
finance, banking, insurance and income from producing goods and trading
services subject to special consumption tax and unless the enterprises to be
ranked I, specialty of the economic groups, corporations, enterprises as the
companies which are organized and administered by the model of parent company -
subsidiary that the parent company is not small and medium enterprise and holds
over 50% equity of the subsidiary.
Small and medium enterprises
under the provisions of this clause (excluding administrative units) are the
enterprises meeting the criteria of capital or labor in accordance with
provisions in clause 1, Article 3 of Decree No.56/2009/ND-CP dated June 30,
2009 of the Government on assistance to development of small and medium
enterprises. In case of small and medium enterprises newly established from
January 01, 2011, the capital criteria is determined as the charter capital
stated in the certificate of business registration or investment certificate
for the first time.
2. Reduce 30% of payable
enterprise income tax amounts in 2011 of the enterprises employing many
laborers in the field of production, out-sourcing, processing agricultural,
forestry and aquatic products, textiles, footwear, electrical components,
construction of economic - social infrastructure works.
Enterprises employing many
labors as provided for in this clause are the enterprises with a total number
of laborers regularly used in 2011 more than 300 persons, excluding laborers
with short-term contracts of less than 3 months.
Where the enterprises organized
as a model of parent company - subsidiary, the number of laborers for use as a
basis for determining tax reduction for the parent company does not include the
number of laborers of the subsidiary. The enterprise income tax amount reduced
is the tax calculated on the income of the production, out-sourcing, processing
agricultural, forestry and aquatic products, textiles, footwear, electrical
components and from construction activities of economic - social infrastructure
works.
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Construction activity of
economic - social infrastructure works provided for in this clause includes construction,
building and installation of water plants, power plants, projects of
transmission and distribution of electricity; drainage and water supply
systems; roads, railways; airports, river ports and seaports; and airports,
railway stations, bus stations; building schools, hospitals, houses of culture,
cinema, performing-arts facilities, the facilities of training, sports
competition; solid waste, wastewater treatment systems; communication work,
irrigation work for agriculture, forestry and fisheries.
3. Number of enterprise income
tax which is reduced provided for in clause 1, clause 2 of this Article is the
tax amount calculated for quarterly temporary remittance and the payable
remaining tax amount under the tax settlement in 2011.
4. Enterprises must separately
settle income from activities reduced enterprise income tax provided for in
this Article. In case of unable to separately settle the income of the
tax-reduced activities, the income to calculate the tax amount to be reduced is
determined by the percentage (%) between the revenue of the tax-reduced
activities and total revenue in 2011.
5. Enterprises reduced
enterprise income tax provided for in this Article are the enterprises
established and operating under the laws of Vietnam; implementing the
accounting regime, invoices and vouchers as prescribed by law and paying taxes
by declaration.
Article 3.
Reduction of the value added tax, personal income tax, and enterprise income
tax for accommodation business, child care, and catering
1. Reduce 50% of lump-sum tax of
value added tax, personal income tax from July 01, 2011 till the end of
December 31, 2011 to: households, individuals trading guest-house, room used
for renting out workers, students, pupils; households, individuals caring for
children; households, individuals supplying shift meals for workers.
The lump-sum tax of value added
tax, personal income tax provided for in this clause shall comply with the law
provisions of tax administration.
2. Reduce 50% of payable value
added tax and enterprise income tax arising from July 01, 2011 till the end of
December 31, 2011 for the activity of providing shift meals for workers (not
including the activity of providing shift meals for transportation companies,
airlines and other business activities) of the enterprises.
Enterprises tax-reduced provided
for in this clause must meet the provisions of clause 5, Article 2 and clause 3
of Article 3 of this Decree.
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The prices for renting out
guest-house, room, caring for children, supplying shift meals must be
publicized, posted at the business establishment and must be notified
authorities of communes, wards where the businesses are implemented and direct
tax administration authorities. Where inspection and detection of households,
business individuals, and enterprises fail to comply with its commitment on
price specified in this clause, the households, business individuals, and
enterprises shall not be reduced tax as prescribed in this Article.
Article 4.
Exemption from and reduction of personal income tax
1. Exempt personal income tax
from August 01, 2011 till the end of December 31, 2012 for dividends to
individuals from investment activities in securities markets, capital
contribution for shares purchase of enterprise other than dividends from joint
stock banks, financial investment funds, credit institutions.
2. Reduce 50% of personal income
tax from August 01, 2011 till the end of December 31, 2012 for income from
securities transfer activities of the individuals.
3. Exempt personal income tax
from August 01, 2011 till the end of December 31, 2011 for individuals with
taxable incomes from salaries, wages and from business to the level of taxable
personal income at grade 1 of the partially progressive tax schedule provided
for in Article 22 of Law on Personal Income Tax.
Taxable income for use as a
basis for determining the tax exemption provided for in this clause is the
average taxable income of the individual actually received in 2011.
Article 5.
Effect
1. This Decree takes effect as
from December 20, 2011.
2. In the same time if the
enterprises are enjoyed various preferential tax rates for an item, they may be
selected the most favorable tax incentive.
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3. Ministry of Finance guides,
handles specifically for the cases that the enterprises have declared and paid
the tax amount to be reduced under the provisions of Article 2 and Article 3 of
this Decree into State Budget.
Article 6.
Responsibility for implementation
1. Ministry of Finance guides
the implementation of this Decree.
2. People's Committees of
provinces and cities directly under central government within its jurisdiction
in accordance with the law provisions are responsible for directing the
Departments, branches and the local authorities at all levels to coordinate
with the tax authorities in communication, urge, and inspection of the
implementation of this Decree.
3. Councils of tax advisory of
communes, wards coordinate with the State management agencies on prices at
localities to confirm and monitor and supervise the implementation of
commitments to stabilize the price of households, business individuals, and
enterprises provided for in Article 3 of this Decree.
4. The ministers, heads of
ministerial-level agencies, heads of governmental agencies, presidents of
People's Committees of provinces and cities directly under the Central
Government and concerned organizations and individuals are responsible for the
implementation of this Decree./.
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