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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
60/2012/ND-CP
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Hanoi,
July 30, 2012
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DECREE
DETAILING THE IMPLEMENTATION OF THE RESOLUTION NO.
29/2012/QH13 ON PROMULGATING A NUMBER OF TAX POLICIES AIMING TO RESOLVE
DIFFICULTIES FOR ORGANIZATIONS AND INDIVIDUALS
Pursuant to the Law on
Government’s organization,of December 25, 2001;
Pursuant to the Law on Tax
administration, of November 29, 2006;
Pursuant to the Law on personal
income tax, of November 21, 2007;
Pursuant to the Law on
Enterprise income tax and the Law on Value-added tax, of June 03, 2008;
Pursuant to the Resolution No.
29/2012/QH13, of June 28, 2012 of the National Assembly on promulgating a number
of tax policies aiming to resolve difficulties for organizations and
individuals;
At the proposal of the Minister
of Finance;
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Article 1.
Scope of regulation
This Decree details the
implementation of the Resolution No. 29/2012/QH13, of June 21, 2012 of the
National Assembly, on promulgating a number of tax policies aiming to resolve
difficulties for organizations and individuals.
Article 2.
Reduction of 30% of enterprise income tax amount in 2012 for enterprises
specified in clause 1, Article 1 of the Resolution No. 29/2012/QH13 as follows:
1. The small- and medium-sized
enterprises, not including small- and medium-sized enterprises business in
lottery, real estate, securities, finance, bank, insurance, or manufacture of
goods subject to the excise tax, first-class enterprises, special-class enterprises
belonging to economic corporation, general companies.
a) The small- and medium-sized
enterprises being reduced tax specified in this clause are enterprises,
including cooperatives (not including non-business units) that satisfy the
criteria of capital or labor as prescribed in clause 1, Article 3 of the
Government’s Decree No. 56/2009/ND-CP, of June 30, 2009 on assistance to the
development of small- and medium-sized enterprises.
The capital as the basis for
identifying an small- and medium-sized enterprise is the total capital
indicated in the enterprise’s accounting balance sheet made on December 31,
2011. For a small- or medium-sized enterprise established on January 1, 2012,
or later, the capital as the basis for identifying a small- or medium-sized
enterprise is the charter capital stated in the enterprise’s business
registration certificate or first investment certificate.
The average annual number of
laborers as the basis for identifying a small- or medium-sized enterprise
(including number of laborers in branch and affiliated units) is number of
laborers which enterprise has used regularly in 2011, not including
laborers under short-term contract less than 03 month, the average annual
number of laborers defined under guidance of the Ministry of Labor, War
Invalids and Social Affairs.
b) Tax shall be not reduced as
prescribed in this Clause for:
The small- or medium-sized
enterprises only business in: lottery, real estate, securities, finance,
bank, insurance, or manufacture of goods, services subject to the excise tax.
If a small- or medium-sized enterprise operates business in many sectors, the
amount of enterprise income tax being reduced shall not include the tax amount
calculated on income from operations business in lottery, real estate, securities,
finance, bank, insurance, or manufacture of goods, services subject to the
excise tax.
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The intensive-labour enterprises
subject to enjoyed tax reduction in this Clause are enterprises have average
annual number of laborers in 2012 over 300 persons, not including laborers
under short-term contract less than 03 month. If an enterprise is operated
under model of mother company and subsidiary companies, number of laborers as
the basis for identifying a mother enterprise eligible for enterprise income
tax reduction not includes number of laborers of its subsidiary companies.
The amount of enterprise income tax
being reduced is amount of tax calculated on income of operation in
manufacturing, processing of: Agricultural products, forestry products, fishery
products, textile and garment, leather and footwear, electronic components,
operations in building socio-economic infrastructure.
The operations in manufacturing,
processing of: Agricultural products, forestry products, fishery products, textile
and garment, leather and footwear, electronic components specified in this
Clause are defined in according to provisions in the System of economic
branches in Vietnam promulgated together with the Decision No. 10/2007/QD-TTg,
of January 23, 2007 of the Prime Minister.
Operations in building
socio-economic infrastructure specified in this Clause including construction,
installation of: Water plants, power plants, electrical transmission and
distribution works; system of water supply and drainage, roadways,
railways; aerial ports, seaports, river-ports; airports, railway stations, car
station; building schools, hospitals, cultural houses, cinemas, art performance
facilities , training, sport competition; treatment system for waste water,
solid wastes; communications works, construction works to serve for
agriculture, forestry, fishery.
3. The amount of enterprise income
tax being enjoyed reduction of enterprises specified in Clause 1, Clause 2 of
this Article is amount of tax payable quarterly temporary calculated and the
remaining tax payable under the 2012 tax settlement.
4. Enterprises being enjoyed the
enterprise income tax reduction specified in this clause are enterprises being
established and operated under Vietnamese law; implementing regime of
accounting, invoice, voucher as prescribed by law and pay tax under
declaration.
Article 3.
Exemption of presumptive tax (value added tax, personal income tax) and
enterprise income tax in 2012 for households, individuals, organizations
specified in Clause 2, Article 1 of the Resolution No. 29/2012/QH13 as follows:
1. Exemption of presumptive tax
(value added tax, personal income tax) in 2012 for households, individuals
leasing houses or rooms to workers, laborers, students or pupils; households,
individuals supplying service for care of children, households, individuals
supplying shift meals to workers.
The rate of presumptive tax of
value added tax, personal income tax specified in this Clause is defined as
prescribed by law on tax administration.
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In case a enterprise has many
business operations:
The amount of enterprise income tax
being exempted only calculates on income from supplying shift meals. If it
cannot determine the income of operation being eligible for tax exemption,
income to calculate amount of exempted tax shall be determined under percentage
(%) between turnover of operation supplying shift meals with total turnover of
enterprise in 2012.
The amount of VAT being exempted is
determined basing on the rate between turnover subject to VAT of supplying
shift meals of each month over total turnover of goods, services subject to VAT
in month.
Enterprises are eligible for tax
exemption specified in this clause must satisfy provisions in Clause 4, Article
2 and Clause 3, Article 3 of this Decree and implement pay VAT under deduction
method.
3. Business households, individuals
and enterprises being eligible for tax exemption specified in this Article must
commit to keep price of leasing houses, rooms, children care services, price of
supplying shift meals in 2012 not higher than price in December 2011.
Price of leasing houses, rooms,
children care services and price of supplying shift meals must be publicized,
listed at business establishment and informed to commune authorities where
perform business and tax agency directly managing. When inspecting, checking,
if detecting households, individuals, business organizations not performing
right their commitment on price specified in this Clause, they shall not be
exempted as prescribed in this Article. If households, individuals,
business organizations not being enjoyed tax exemption have declared for tax
exemption, thus they shall be collected tax arrears and fined for delayed
payment as prescribed by law on tax administration.
Article 4.
Exemption of personal income tax specified in Clause 3, Article 1 of the
Resolution No. 29/2012/QH13 as follows:
Exemption of personal income tax
arising from July 01, 2012 till the end of December 31, 2012, for individuals
having taxed incomes from salaries, wages and from business to the level
of taxable personal income at grade 1 of the Partially Progressive Tariff
provided in Article 22 of the Law on Personal Income Tax.
Taxable income as the basis for
identifying the tax exemption specified in this clause is the monthly average
taxable income of the individual actually received in 2012.
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1. This Decree effects on September
20, 2012.
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.
Where the enterprises being in the
time to be enjoyed preferential enterprise income tax as prescribed by law, the
enterprise income tax amount reduced under the provisions of this Decree shall
be calculated on the remaining tax amount after being subtracted the enterprise
income tax amount that the enterprises are enjoyed incentives.
3. The Ministry of Finance guides
repayment or offsetting with the tax payable for enterprises, household,
individuals have declared and paid the tax amount to be reduced or exempted
under the provisions of Article 2 and Article 3 of this Decree into State
Budget
Article 6.
Responsibly for implementation
1. The Ministry of Finance guides
the implementation of this Decree.
2. People's Committees of provinces
and cities directly under central government within their jurisdiction in
accordance with the law provisions are responsible for directing the
Departments, sectors, branches and the local authorities at all levels in localities
to coordinate with the tax authorities in communication, urge, and inspection
of the implementation of this Decree.
3. The Councils of tax advisory of
communes, wards coordinate with the State management agencies on prices at
localities to confirm and monitor, inspect the implementation of commitments to
stabilize the price of households, business individuals and enterprises
specified in Article 3 of this Decree.
4. The ministers, heads of
ministerial-level agencies, heads of governmental agencies, Chairpersons 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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FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung