THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
63/NQ-CP
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Hanoi,
August 25, 2014
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RESOLUTION
ON
A NUMBER OF SOLUTIONS TO TAX IN ORDER TO REMOVE DIFFICULTIES AND PROBLEMS AND
PROMOTE DEVELOPMENT OF BUSINESSES
THE GOVERNMENT
Pursuant to the Law on
organization of Government dated December 25, 2001;
Pursuant to Decree No.
08/2012/ND-CP dated February 16, 2012 of the Government issuing the working
regulation of the Government;
On the basis of Report of the
Ministry of Finance (Report No. 95/TTr-BTC dated July 28, 2014), the discussion
of Government members and conclusion of the Prime Minister at the regular
meeting held on 30, 31, July, 2014.
DECIDES:
I. SOLUTIONS TO TAX IN ORDER TO
REMOVE DIFFICULTIES AND PROBLEMS AND PROMOTE DEVELOPMENT OF BUSINESSES UNDER
THE AUTHORITY OF THE GOVERNMENT AND THE PRIME MINISTER:
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2. Extending the time limit for
tax payment no more than 02 years, from the end day of time limit for tax
payment for investment projects that have not been paid the basic construction
investment capital specified in the state budget state. The amount of tax
extended must not exceed the unpaid amount of the state budget and the extended
time must not exceed the time of unpaid state budget.
3. Businesses may include the expenditures
of welfare nature directly paid to laborers of which businesses have the
prescribed invoice or document in the deductible expenditure; the total
expenditure is not more than 01 average salary month of actual implementation.
4. For licensed investment
projects of which the dossier for first registration of investment sent to the
licensing body with the registered investment capital, investment phase and
specific progress, the investment projects licensed to carry out the investment
for the subsequent stages of actual cases of implementation are regarded as the
component projects of investment projects licensed for the first time and
entitled to preferential business income tax at the preferential rate currently
applicable to the investment projects firstly invested. For the investment
projects licensed prior to January 01, 2014, the preferential tax entitled for
the remaining preferential time is calculated from January 01, 2014 (No
application of actual implementation prior to January 01, 2014);
For businesses entitled to the
preferential business income tax of period 2009-2013 with their regular
investment in machinery and equipment during production and business, then they
will be entitled to the preferential business income tax for the additionally
increased income (no re-settlement to cases which have been implemented).
5. Industrial parks entitled to
the preferential business income tax include industrial parks in districts of
special grade urban areas or first grade urban areas directly under the central
government and urban centers directly under provinces newly established from
districts from January 01, 2009.
6. No inclusion of taxable income
of personal income for the benefits as housing built and provided by employers
free of charge for employees working in industrial parks, housing built by
employers in economic zones or areas with difficult or extremely difficult
social economic conditions for free provision to employees.
7. For transfer of real estate,
individuals may choose method of calculation and tax payment by 25% on income
of each transfer or 2% on selling price of each transfer.
8. For transfer of securities,
individuals may choose the method of calculation and tax payment by 25% on
annual income and tax finalization at the end of year; or calculation and tax
payment by 0.1% on the selling price of securities of each transfer without tax
finalization at the end of year.
9. Individuals and business
households that have income from their business and paid tax by the method of
tax presumption and individuals as insurance agent, lottery agent, multi-level
marketing deducted their personal income tax by income paying organization will
not have to finalize their tax.
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11. Taxpayers having revenue of
less than 50 billion dong/year will declare VAT quarterly.
12. Taxpayers will declare annual
tax finalization and temporarily pay their business income tax quarterly. In
case where the total amount temporarily paid is less than 20% or more compared
with the amount of income to be paid by businesses under the finalization, the
businesses will have to pay the interest of late payment for the difference of
20% or more between the amount temporarily paid with the finalized amount from
December 31 of the tax declaration year to the day of actual payment of
outstanding tax compared with the finalization.
13. The Ministry of Finance will
coordinate with the Ministries and sectors concerned to request the Prime
Minister to modify or supplement the detailed List of type, scale criteria and
standard of establishments implementing the socialization in the field of
education – training, vocation, health, culture, sports and environment will be
entitled to the policies on encouraged socialization development consistently
with reality.
Pending the modification or
supplementation of detailed List of type, scale criteria and standard of
establishments implementing the socialization, the arrears of business income
tax will not been collected.
14. The Ministry of Finance will
coordinate with Vietnam Social Insurance to have solution to reduce at least
50% of amount of time to pay social insurance, health insurance or unemployment
insurance.
II. SOLUTIONS TO TAX IN ORDER
TO REMOVE DIFFICULTIES AND PROBLEMS AND PROMOTE DEVELOPMENT OF BUSINESSES UNDER
THE AUTHORITY OF NATIONAL ASSEMBLY:
1. Businesses having investment
projects will be entitled to preferential business income tax under regulations
of law on business income tax at the time of issuing investment certificate or
license. Where the law on business income tax is modified, the businesses have
the right to choose or be entitled to the preferential business income tax at
the rate of entitlement as prescribed by law at the time of licensing or by the
law newly modified or supplemented for the remaining time if meeting the
conditions for tax preference as prescribed by regulations of the law newly
modified or supplemented from the effective date of the law on business income
tax newly modified or supplemented.
2. Income of businesses from the
implementation of new investment projects making products named in the List of
industrial products given priority for development will receive the tax rate of
10% in 15 years and be exempted from tax in 04 years and reduced by 50% of tax
to be paid in 9 subsequent years; in case of investment to expand the making of
products named in the List of industrial products given priority for
development specified in this Clause if meeting one of three criteria on
expansion investment specified in the Law on business income tax No.
32/2013/QH13, the businesses may choose to be entitled to tax preference (tax
rate and time of exemption or reduction) of the active projects for the
remaining time (if any) or be exempted tax for 04 years and reduced 50% of tax
payable in 09 subsequent years for the additionally increased income from
expansion investment.
The Government specifies the List
of industrial products given priority for development.
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4. Investment project with
investment capital scale of at leat 12,000 billion dong (twelve thousand
billion dong) with disbursement within 05 years from the time of being granted
the investment license will be entitled to preferential tax rate of 10% in 15
years, tax exemption in 04 years and reduction in 50% of tax payable in
09 subsequent years for the income of businesses from implementation of
investment project in the field of production (except projects producing goods
items subject to special consumption tax or mineral mining projects). In case
of special attraction of investment, the time of application of preferential
tax rate of 10% will be considered but not exceeding 15 years.
5. Application of tax rate of 20%
in 2014 and 2015 for businesses operating in the agricultural regularly
employing over 300 laborers and implementing the exclusivity of harvested
products for laborers not in the difficult or extremely difficult
social-economic areas. From January 01, 2016, the income of such businesses is
subject to the tax rate of 17%.
6. The control expenditure
specified at Point 2.m, Clause 5, Article 1 of the Law on business income tax
No. 32/2013/QH13 is applied only to advertising expenditure.
7. Exemption from personal income
tax for income from salary or wage of Vietnamese laborers as seamen working for
foreign carriers or Vietnamese carriers of international transport.
8. Exemption from personal income
tax for income from boat owners from the supply of direct services for offshore
fishing activities.
9. The personal income tax
specified at Point c, Clause 6, Article 3 of the Law on personal income tax
only applies to the income from prize winning in the form of betting.
10. Goods purchased or imported to
create fixed assets of the socialization project in the field of education –
training, vocation, health, culture, sports and environment are deducted or
refunded input VAT.
11. Boat owners fishing are
refunded VAT of boats used for fishing for newly-built or upgraded boats with
the total power of main engine from 400 HP or more.
12. No collection of natural
resource tax for natural water used for agriculture, forestry, fishery and salt
production.
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14. Foregiveness of fine for late
payment of tax incurred prior to July 01, 2013 of businesses having objective
difficulties and having paid the original tax debt prior to December 31, 2014.
The authority of tax foregiveness will comply with the provisions in Clause 22,
Article 1 of the Law on amending and supplementing a number of articles of the
Law on tax administration. The Government will specify the businesses having
objective difficulties and receiving the foregiveness of fine for late payment
of tax mentioned above.
15. Based on the reality and
conditions for equipment of information technology, the Government will specify
that the taxpayers will not have to submit documents of tax declaration and
payment, customs, tax refund…which the tax or customs authorities already have.
III. IMPLEMENTATION
ORGANIZATION:
1. The Ministry of Finance will
coordinate with the Ministry of Justice, Government Office and the Ministries
and bodies concerned:
a) To request the Government to
issue the Decree amending and supplementing Decrees: No. 65/2013/ND-CP dated
June 27, 2013, No. 83/2013/ND-CP dated July 22, 2013, No. 209/2013/ND-CP dated
December 18, 2013, No. 218/2013/ND-CP dated December 26, 20013 of the
Government and request the Prime Minister to issue other relevant legal
document to implement solutions specified in Section I of this Resolution in
quarter III OF 2014 in order and simplified procedures.
b) To complete the draft
Resolution of the National Assembly on solutions specified in Section II of
this Resolution. The Ministry of Finance, by the order of the Prime Minister
and on behalf of the Government will submit it to the XIII National Assembly, 8th
session for consideration and decision.
c) To boost the information,
propagation of solutions to tax, remove difficulties and problems and promote
the development of businesses in this Resolution for people and businesses’
monitoring supervision and implementation.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairman of
People's Committees of provinces and centrally-run cities according to assigned
functions and duties will focus on directing, guiding and implementing and
coordinating the implementation of solutions in this Resolutions to promptly
remove difficulties for business and production and market support; strengthen
the inspection and monitoring of process of duty implementation of agencies,
organizations, individuals; give timely commendation and strict discipline of
assigned duties; closely follow the reality, proactively monitor and evaluate
the situation to have flexible and timely measures of handling or recommend
timely and effective solutions of direction./.
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FOR THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung