GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
67/2011/ND-CP
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Hanoi,
August 08, 2011
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DECREE
DETAILING
AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF LAW ON ENVIRONMENTAL
PROTECTION TAX
GOVERNMENT
Pursuant to the Law on
Organization of the Government dated December 25, 2001;
Pursuant to the Law on
Environmental Protection Tax dated November 15, 2010;
At the proposal of the
Minister of Finance,
DECREES:
Chapter 1.
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Article 1.
Scope of governing
This Law
provides for taxable subject, bases for tax calculation, tax declaration, tax
calculation, tax payment and environmental protection tax refund.
Article 2.
Taxable subjects
Taxable
subjects shall comply with Article 3 of the Law on environmental protection
tax.
1. The
gasoline, oil, grease specified in Clause 1 of Article 3 of the Law on
environmental protection tax are the fossil-original gasoline, oil, grease. For
fuel mixtures containing biodiesel and fossil-original gasoline, oil, grease,
the environmental protection tax is applied only for the part of
fossil-original gasoline, oil, grease.
2. The
Hydrogen-chlorofluorocarbon liquid (denoted as HCFC) specified in Clause 3,
Article 3 of the Law on Environmental Protection Tax is the gas as solvent used
in refrigeration equipment and in semiconductor industry.
3. The
plastic bags subject to tax payment specified in Clause 4 of Article 3 of the
Law on Environmental Protection Tax are bags, thin plastic packaging made from
single plastic membrane HDPE (high density polyethylene resin), LDPE (Low
density polyethylene) or LLDPE (Linear low density polyethylene resin), except
for packaging pre-packaged goods and bags that meet the criteria of
environmental friendliness in accordance with provisions of the Ministry of
Natural Resources and Environment.
4. For Herbicide which is restricted from use; Pesticide which is
restricted from use; Forest products preservative which is restricted from use;
Warehouse disinfectant which is restricted from use specified in Clause 5, 6, 7
and Clause 8 of Article 3 Law on Environmental Protection Tax: Details are
follow the provisions of Resolution No.1269/2011/UBTVQH12 of the National
Assembly Standing Committee dated July 14, 2011 on environment protection
tariff table.
Chapter 2.
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Article 3.
The number of taxable goods
The number of
taxable goods shall comply with the provisions of Article 6 of Law on
Environmental Protection Tax. In cases the fuel mixtures containing
fossil-original gasoline, oil, grease, and bio-fuel, the amount of taxable
goods is based only for the amount of gasoline, oil, and grease in the fuel
mixtures.
Article 4.
The tax rate
Specific tax
rate for each taxable goods shall comply with environmental protection tariff
table promulgated by the National Assembly Standing Committee.
Chapter 3.
TAX DECLARATION, TAX CALCULATION, TAX PAYMENT AND TAX
REFUND
Article 5.
Tax declaration, tax calculation, and tax payment
Tax
declaration, tax calculation, and tax payment are applied in accordance with
provisions in Article 10 of Law on Environmental Protection Tax and legislation
on tax administration.
1. For the
goods which are produced for selling, exchanging, internal consumption,
gifting, the tax declaration, tax calculation, and tax payment are conducted
monthly. For imported goods, entrusted imports, the tax declaration, tax
calculation, and tax payment are conducted by each time of arising.
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Ministry of
Finance stimulates the hubs companies to declare, pay environmental protection
tax for gasoline and oil.
3.
Declaration, calculation and payment for environmental protection tax for coal
shall follow the principles: coal for domestic consumption must be declared and
paid environmental protection tax; coal for export is not subject to
environmental protection tax. Ministry of Finance shall preside over and
coordinate with the Ministry of Industry and Trade in guiding specifically the
provisions in this Clause.
4.
Environmental protection tax shall be paid only once for goods produced or
imported. In case the exported goods has been paid for environmental protection
tax, but re-imported into Vietnam, such re-imported goods shall not be paid
environmental protection tax upon importation.
Article 6.
Tax refund
Environmental
protection tax refund is implemented in accordance with Article 11 of Law on
Environmental Protection Tax.
For gasoline
and oil defined in Clause 2 of Article 11 of Law on Environmental Protection
Tax, the taxpayers shall be refunded the amount of environmental protection tax
already paid corresponding to amount of gasoline supplied. Taxpayers are
responsible before law for the accuracy of the declared data for tax refund.
The order, procedures of declaration, tax refund are made in accordance with
the law regulations on tax administration and customs legislation.
Chapter 4.
IMPLEMENTATION PROVISIONS
Article 7.
Validity and implementation guidance
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2.
Regulations on collection of fees of gasoline and oil in the Decree
No.78/2000/ND-CP dated December 26, 2000 of the Government on fuel fees and the
Decision No.03/2009/QD-TTg dated January 09, 2009 of the Prime Minister on the
adjustment of rate to collect gasoline and oil fees shall be invalid from the
effective date of this Decree.
3. The
Ministry of Finance shall guide the implementation of this Decree.
Article 8.
Responsibility for implementation
The
ministers, Heads of ministerial-level agencies, heads of governmental agencies,
Chairmen of People's Committees of provinces and cities directly under the
Central Government are responsible for the implementation of this Decision. /.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung