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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 147/2006/ND-CP
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Hanoi,
December 01, 2006
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No.
68/1998/ND-CP OF SEPTEMBER 3, 1998, WHICH DETAILS THE IMPLEMENTATION OF THE
ORDINANCE ON NATURAL RESOURCE TAX (AMENDED)
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to April 10, 1998 Ordinance
No. 05/1998/PL-UBTVQH10 on Natural Resource Tax (amended);
At the proposal of the Minister of
Finance,
DECREES:
Article 1.- To amend and supplement a number of articles of
the Government’s Decree No. 68/1998/ND-CP of September 3, 1998, detailing the
implementation of the Ordinance on Natural Resource Tax (amended), as
follows:
1. To amend Clause 7 of Article
2 as follows:
“7. Natural water, including
surface water and ground water, except natural mineral water and thermal water
defined in Clause 2 of this Article.”
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“Article 7.-
1. Natural resource tax
calculation price is the selling price of a natural resource product unit at
the place of exploitation.
For natural resources exploited
in a month which are of the same grade and quality, and then, part of their
exploited volume is sold at the place of exploitation at the market price while
the other part is transported away for consumption or use in production,
processing, sorting or selection, etc., the tax calculation price of the whole
exploited volume of natural resources shall be the selling price of one unit of
that natural resource product at the place of exploitation.
If there is some volume of
natural resources exploited in a month but none of which is sold at the place
of their exploitation, the tax calculation price of a natural resource unit
shall be determined based on the tax calculation price of a natural resource
product unit of the immediate preceding month.
2. When the selling price of a
natural resource product unit specified in Clause 1 of this Article cannot be
identified yet, the tax calculation price of a natural resource unit shall be
determined on one of the following bases:
a/ The selling price of a unit
of the exploited natural resource of equivalent value;
b/ The selling price of a unit
of the pure product and the content of this substance in the exploited natural
resource or the price of the pure product and the content of each substance in
the exploited natural resource;
c/ The selling price of a unit
of the exploited natural resource minus (-) the sorting and selection expense
and expenses incurred from the place of exploitation to the place of sorting
and selection of natural resources.
3. For natural water used for
hydropower generation, the natural resource tax calculation price is the
selling price of commercial electricity.
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5. For petroleum oil and gas,
the tax calculation price shall be determined in accordance with Article 46 of
the Government’s Decree No. 48/2000/ND-CP of September 12, 2000, detailing the
implementation of the Petroleum Law.
The Ministry of Finance shall
guide the determination of the natural resource tax calculation price specified
in this Article. Provincial/municipal People’s Committees shall specify the tax
calculation price of each type of natural resource under the Finance Ministry’s
guidance.”
3. To amend and supplement
Clause 3 of Article 12 as follows:
“3. Organizations and
individuals engaged in offshore exploitation of aquatic resources with
large-capacity means are entitled to natural resource tax exemption for 5 years
after being granted exploitation permits and 50% tax reduction for 5 subsequent
years.
When making monthly natural
resource tax declarations, organizations and individuals engaged in offshore
exploitation of aquatic resources shall assess by themselves their satisfaction
of the conditions for tax exemption or reduction in order to temporarily
determine the natural resource tax amounts to be exempted or reduced in the
month.
At the end of the period for
natural resource tax calculation, organizations and individuals engaged in
offshore exploitation of aquatic resources shall determine by themselves the
actually exempted or reduced natural resource tax amounts in order to make tax
declarations and take responsibility for the declared tax amounts. If those
organizations and individuals fail to meet the tax exemption and reduction
conditions and make incorrect determination or declaration of exempted or
reduced natural resource tax amounts, the incorrectly exempted or reduced tax
amounts shall be retrospectively collected and those organizations and
individuals shall be sanctioned for their violations in accordance with current
law.
If organizations and individuals
engaged in offshore exploitation of aquatic resources still suffer from losses
after the above tax exemption and reduction duration, they shall further be considered
for the reduction of natural resource tax corresponding to their annual loss
amounts for not more than 5 subsequent consecutive years.”
4. To amend Section VII of the
Natural Resource Tax Table promulgated together with the Government’s Decree No.
68/1998/ND-CP of September 3, 1998, as follows:
“VII. Mineral water, natural
water.”
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Article 3.- The Ministry of Finance shall guide the
implementation of this Decree.
Article 4.- Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, presidents of provincial/municipal
People’s Committees, and concerned organizations and individuals shall
implement this Decree.
GOVERNMENT
Nguyen Tan Dung