THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 102/1998/ND-CP
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Hanoi, December 21, 1998
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF DECREE No.28/1998/ND-CP OF MAY 11, 1998 OF THE GOVERNMENT DETAILING
THE IMPLEMENTATION OF THE LAW ON VALUE-ADDED TAX
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Value Added Tax No.02/1997QH9 of May 10, 1997;
Pursuant to Point 2, Section IV of Resolution No.18/1998/QH10 of November 25,
1998 of the National Assembly on the 1999 State budget estimate;
At the proposal of the Minister of Finance,
DECREES:
Article 1.- To amend and supplement a
number of Articles of Decree No.28/1998/ND-CP of May 11, 1998 of the Government
detailing the implementation of the Law on Value Added Tax, as follows:
1. To add objects not subject to value added tax
to the first paragraph of Clause 4, Article 4 as follows:
"Airplanes, drilling platforms and ships
chartered from foreign countries, which are of the types being unable to be
manufactured in the country and used in service of production and/or business
activities".
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"Credit services which include lending
forms (including lending in cases of guarantee), financial leasing by credit
institutions, investment funds and capital transfer activities".
3. To amend and supplement Point d, Clause 1,
Article 9 as follows:
d) Cases entitled to the input tax deduction at
the following rates:
Production and/or processing establishments that
purchase unprocessed agricultural, forest or aquatic products from producers
without added value invoices shall be entitled to input tax deduction at rates
(%) calculated on the value of the purchased goods, as follows:
- The rate of 5% shall be applicable to
cultivation products from trees planted for sap, resin or oil, sugar cane, raw
bud tea, paddy, maize, potatoes, manioc; such husbandry products as cattle,
poultry, fish, shrimp and other aquatic products:
- The rate of 3% shall be applicable to
agricultural and forest products other than those entitled to the 5% deduction
rate above.
Other cases shall be entitled to input tax
deduction at rates (%) calculated on the value of purchased goods as follows:
- The rate of 5% shall be applicable to iron and
steel scraps which are purchased by production establishments to be used as raw
materials for iron and steel production; marine products purchased by the
production and processing establishments from fishermen; indemnities paid from
insurance business activities;
- The rate of 3% shall be applicable to goods
subject to special consumption tax purchased for sale by trade organizations or
enterprises from establishments producing goods subject to special consumption
tax.
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The input tax deduction or reimbursement
prescribed above shall not apply to cases where such products are used as raw
material for production or processing of export goods or purchased for export.
4. To amend Clause 1, Article 15 as follows:
"1. A business establishment that pays tax
by the method of tax deduction shall be considered for tax reimbursement if its
deductible input tax amount of three months in a row is larger than such
months' output tax amount. Business establishments that seasonally or periodically
export goods in large quantities, and have the amounts of input value added tax
on their export goods larger than their output tax amount, shall be considered
for value added tax reimbursement for each period."
5. To amend and supplement Clauses 1 and 2,
Article 20 as follows:
"1. For production, construction,
transport, trade, tourist. service or food catering establishment which, during
the first years of application of the Law on Value Added Tax, suffer from
losses due to the fact that the payable value added tax amounts are larger than
the tax amounts they previously paid according to the turnover tax rate, they
shall be considered for reduction of payable added tax amounts. The value added
tax amount to be reduced for each business establishment shall be equal to the
loss it has suffered due to the above-said reason, but shall not exceed the
value added tax amount that must be paid by the business establishment in the
tax reduction year.
2. The following products, goods and/or
services, the production or trading of which currently meets with difficulties,
shall be entitled to a 50% tax rate reduction calculated on the selling prices
of such goods or services:
- Pit coal
- Plows, tractors, water pumps, machine tools,
force machines;
- Caustic soda (NaOH), sodium hypochloxide (NaOCl),
calcium hypochloxide (Ca(OCl)2), aluminum hydroxide (Al(OH)3)
hydrogen chloride (HCl), liquid and gaseous chlorine (Chlorine (Cl2)),
sodium silicate (Na2SiO3);
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- Hotels, tourism, food catering".
6. To add the following to the end of Article
21;
"State enterprise that produce and /or
trade in such goods and/or services as: lottery, electricity, cement, post and telecommunications
and some other goods and services, and have high incomes due to the fact that
their paid value added tax amounts are smaller than the turnover tax amounts
previously paid, shall have to pay enterprise income tax and additional
enterprises income tax under the Law on Enterprise Income Tax. If such income
amounts remain large, they shall have to remit at least 70% of such remaining
income amounts into the State budget. The Ministry of Finance shall specify the
levels of additional remittance suitable to each type of enterprises.
The Ministry of Finance shall be assigned to
consider and settle at the Government's request the matters related to value
added tax on such reserve goods as fertilizer, pesticide...which have been left
in stock by December 31, 1998 at enterprises, provided that the reserve level
has affected the enterprises business results".
Article 2 - This Decree takes effect from
January 1st, 1999.
The Minister of Finance shall guide the
implementation of this Decree.
The Ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People's Committees of the provinces and
centrally - run cities shall have to implement this Decree.
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