THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
158/2011/TT-BTC
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Hanoi,
November 16, 2011
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CIRCULAR
GUIDING
THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 74/2011/ND-CP OF AUGUST 25, 2011,
ON ENVIRONMENTAL PROTECTION CHARGE FOR MINERAL EXPLOITATION
Pursuant to August 28, 2001
Ordinance No. 38/2001/PL-UBTVQH10 on Charges and Fees;
Pursuant to the Government's
Decree No. 57/2002/ND-CP of June 3, 2002, detailing the Ordinance on Charges
and Fees, and Decree No. 24/2006/ND-CP of March 6, 2006, amending and
supplementing a number of articles of Decree No. 57/2002/ND-CP;
Pursuant to the Government's
Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Finance-Pursuant to the
Government's Decree No. 74/2011/ND-CP of August 25, 2011, on environmental
protection charge for mineral exploitation;
The Ministry of Finance
guides some contents of environmental protection charge for mineral
exploitation provided in the Government's Decree No. 74/2011/ND-CP of August
25, 2011, as follows:
Article 1. Charge
calculation method
1. The amount of environmental
protection charge for mineral exploitation payable in a charge payment period
is calculated as follows:
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=
Quantity
of exploited mineral of each type (ton or m3)
x
Corresponding
charge rate(VND/tonor VND/m3)
2. The quantity of minerals
exploited in the period used for determining the payable environmental
protection charge amount is:
a/ For non-metal minerals:
The quantity of non-metal
minerals exploited in a charge payment period used for determining the payable
environmental protection charge amount is the quantity of crude mineral ores
actually exploited in the period, regardless of exploitation purposes (for sale,
barter, internal consumption or reserve for subsequent production) and
exploitation technologies (manual or mechanical) or exploitation areas or
conditions (mountainous, midland or delta areas with difficult or complicated
conditions). For a mineral which must be screened, sorted or enriched before
sale, based on actual mineral exploitation conditions and mineral processing
technologies in localities, provincial-level Natural Resources and Environment
Departments shall assume the prime responsibility for, and coordinate with
local Tax Departments in, proposing provincial-level People's Committees to
decide on a ratio for converting the quantity of finished mineral products into
the quantity of crude mineral ores to serve as a basis for calculating the amount
of environmental protection charge suitable to local realities.
b/ For metal minerals:
The quantity of metal minerals
exploited in a charge payment period used for determining the payable
environmental protection charge amount is the quantity of crude metal mineral
ores actually exploited in the period, regardless of exploitation purposes (for
sale, barter, internal consumption or reserve for subsequent production) and
exploitation technologies (manual or mechanical) or exploitation areas or
conditions (mountainous, midland or delta areas with difficult or complicated
conditions). For a mineral which must be screened, sorted or enriched before
sale, based on actual mineral exploitation conditions and mineral processing
technologies in localities, provincial-level Natural Resources and Environment
Departments shall assume the prime responsibility for, and coordinate with
local Tax Departments in, proposing provincial-level People's Committees to
decide on a ratio for converting the quantity of finished mineral ores into the
quantity of crude mineral ores to serve as a basis for calculating of the
amount of environmental protection charge suitable to local realities.
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4. Environmental protection
charge for granite exploited for use as wall-covering and flooring stones or
for making fine-art products shall be paid at the charge rate specified at
Point 1, Item II, Clause 2, Article 4 of Decree No. 74/2011/ND-CP. For granite
exploited for other purposes, the charge rate specified at Point 15, Item II,
Clause 2, Article 4 of Decree No. 74/2011/ND-CP applies.
Granite exploiters shall declare
and pay charges by themselves according to above regulations. Local tax offices
shall coordinate with local natural resources and environment agencies in
examining charge declaration and payment according to regulations.
5. Large stone blocks exploited
for making fine-art products are subject to the charge rate specified at Point
2, Item II, Clause 2, Article 4 of Decree No. 74/2011/ND-CP.
6. Payment of environmental
protection charge for mineral exploitation is not required for cases of
exploiting minerals for used as common construction materials within the
residential land area under the use right of a household or individual to serve
the construction of such household's or individual's works therein; and exploiting
earth for leveling grounds or building security and defense works.
7. The currency used for payment
of environmental protection charge for mineral exploitation is Vietnam dong.
Article 2. Charge
declaration and payment
1. Mineral exploiters shall submit
environmental protection charge declaration dossiers to the tax offices at
which they declare and pay royalties. In case no environmental protection
charge for mineral exploitation arises in a month, charge payers shall still
fill in and submit charge declaration forms to tax offices. In case mineral
purchasers register to pay environmental protection charge on behalf of mineral
exploiters, they shall submit charge declaration dossiers to their managing tax
offices. The deadline for making a monthly charge declaration to a tax office
is the 20th of the subsequent month. Charge payers shall fully and properly
fill in declaration forms and take responsibility for the accuracy of their
declaration.
2. Environmental protection
charge for mineral exploitation shall be declared on a monthly basis and
finalized on an annual basis. Finalization declaration includes annual
finalization declaration and finalization declaration upon the termination of
mineral exploitation, mineral purchase, business activities or enterprise
ownership transformation contracts or the re-organization of enterprises.
3. A dossier of monthly
declaration of environmental protection charge for mineral exploitation is
declaration form No. 01/BVMT issued together with the Ministry of Finance's
Circular No. 28/2011/TT-BTC of February 28, 2011. A dossier of declaration for
monthly finalization of environmental protection charge for mineral
exploitation is declaration form No. 02/BVMT issued together with the Ministry
of Finance's Circular No. 28/2011/TT-BTC of February 28, 2011.
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5. Environmental protection
charge for crude oil, natural gas and coal gas shall be declared and paid at
provincial-level Tax Departments of the localities where charge payers are
headquartered.
6. In addition to the above
regulations, the declaration, payment and finalization of environmental
protection charge for mineral exploitation comply with the Law on Tax
Administration and its guiding documents.
Article 3. Full
extraction of minerals
1. Those conducting full
extraction of minerals shall pay environmental protection charge for these
activities. The rates of environmental protection charge for full extraction
comply with Article 4 of Decree No.74/2011/ND-CP.
2. Cases subject to the rates of
environmental protection charge for full extraction:
a/ Extraction of minerals from
dump sites of mines for which mine closure decisions have been issued;
b/ Production and business
activities of organizations and individuals for purposes other than mineral
exploitation according to their assigned functions and tasks or registered production
or business lines (for example, obtaining sand in the process of dredging river
beds or stones in the process of building hydropower plants or rifle ranges);
The rates of environmental
protection charge for full extraction of minerals do not apply to cases other
than those specified at Point a or b, Clause 2 of this Article.
3. The method of calculating
environmental protection charge for full extraction of minerals complies with
Article 1 of this Circular.
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Tax offices have the following
tasks and powers:
1. To guide and urge mineral
exploiters to register, declare and pay charge according to regulations.
2. To examine and inspect charge
declaration and payment and finalization of collected charge amounts. For
charge payers who fail to comply or- improperly comply with regulations on
accounting documents, invoices and books, to coordinate with local functional
agencies in assessing the quantity of exploited minerals and determining the
payable charge amounts according to regulations, based on the mineral
exploitation operation of each charge payer.
3. To handle administrative
violations in environmental protection charge for mineral exploitation
according to their competence and law.
4. To keep and use data and
documents supplied by mineral exploiters and other entities according to
regulations.
5. To coordinate with local
natural resources and environment agencies in organizing and managing the
collection of environmental protection charge for mineral exploitation under
Decree No. 74/2011/ND-CP and the Law on Tax Administration.
Article 5. Organization
of implementation
1. This Circular takes effect on
January 1, 2012, and replaces the Ministry of Finance's Circular No.
67/2008/TT-BTC of July 21,2008, guiding a number of provisions of the
Government's Decree No. 63/2008/ND-CP of May 13,2008, and Circular No.
238/2009/TT-BTC of December 21, 2009, guiding the Government's Decree No.
82/2009/ND-CP of October 12,2009, amending and supplementing a number of
articles of Decree No. 63/2008/ND-CP of May 13,2008.
2. Any problems arising in the
implementation should be promptly reported to the Ministry of Finance for study
and guidance.-
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FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Vu Thi Mai