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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
57/2005/QH11
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Hanoi, November 29, 2005
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LAW
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE SPECIAL CONSUMPTION TAX LAW AND
THE VALUE ADDED TAX LAW
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam,
which was amended and supplemented under Resolution No. 51/2001/QH10 of
December 25, 2001, of the Xth National Assembly, the 10th session;
This Law amends and supplements a numbers of articles of the May 20, 1998
Special Consumption Tax Law, which was amended and supplemented under the June
17, 2003 Law Amending and Supplementing a Number of Articles of the Special
Consumption Tax Law, and the May 10, 1997 Value Added Tax Law, which was
amended and supplemented under the June 17, 2003 Law Amending and Supplementing
a Number of Articles of the Value Added Tax Law.
Article 1.- To amend and supplement a number of articles of the
Special Consumption Tax Law
1. Clause 6 of Article 6 is
amended and supplemented as follows:
"Article 6.- Tax
calculation prices
…
6. For liquors, beers, casino,
jackpot games, and golf business, special consumption tax (SCT) calculation
prices shall be specified by the Government.
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Where taxpayers have purchase or
sale turnovers in a foreign currency, they must convert such foreign-currency
amounts into Vietnam dong at the exchange rates publicized by the Vietnam State
Bank at the time of generation of such turnovers in order to determine tax
calculation prices."
2. Article 7 is amended and
supplemented as follows:
"Article 7.- Tax rates
SCT rates of goods and services
are specified in the Special Consumption Tariff below:
SPECIAL CONSUMPTION TARIFF
No.
Goods and services
Tax rate (%)
I
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1
Cigarettes, cigars
a/ Cigars
65
b/ Cigarettes
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- In 2006-2007
55
- From 2008
65
2
Liquors
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a/ Liquors of 40% proof or
higher
65
b/ Liquors of between 20% and
under 40% proof
30
c/ Liquors of under 20% proof,
fruit wines, medicated liquors
20
3
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a/ Bottled beer, canned beer
75
b/ Draught beer, fresh beer
- In 2006-2007
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- From 2008
40
4
Cars
a/ Cars of 5 seats or less
50
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b/ Cars of between 6 and 15
seats
30
c/ Cars of between 16 and
under 24 seats
15
5
Gasoline of various kinds,
naphtha, condensate, reformade components, and other components for mixing
gasoline
10
6
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15
7
Playing cards
40
8
Votive gilt paper, votive
objects
70
II
Services
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1
Dancing halls, massage
parlors, karaoke bars
30
2
Casino, jackpot games
25
3
Entertainment with bet tickets
25
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Golf business: sale of
membership cards and golf playing tickets
10
5
Lottery business
15
3. Article 16 is amended and
supplemented as follows:
"Article 16.- Cases
eligible for SCT reduction or exemption
Establishments producing
SCT-liable goods which meet with difficulties due to natural disaster, enemy
sabotage or accident shall be considered for tax reduction or exemption.
The Government shall specify tax
reduction or exemption provided for in this Article."
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1. Clause 1 of Article 4 is
amended and supplemented as follows:
"Article 4.- Objects not
liable to value added tax (VAT)
The following goods and services
shall not be liable to VAT:
1. Cultivation and husbandry products,
cultured and fished aquatic and marine products, which have not yet been
processed into other products or have just been preliminarily processed and
sold by producing or fishing organizations or individuals, and at the stage of
importation.
…"
2. Point j, Clause 2 of Article
8, which was amended into Point k, Clause 2 of Article 8 under the June 17,
2003 Law Amending and Supplementing a Number of Articles of the VAT Law, is
amended and supplemented as follows:
"Article 8.- Tax rates
…
2. The tax rate of 5% shall
apply to the following goods and services:
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k/ Preliminarily processed
cotton;
…"
Article 3.- This Law takes effect as from January 1, 2006.
Article 4.- The Government shall detail and guide the
implementation of this Law.
This Law was passed on November
29, 2005, by the XIth National Assembly of the Socialist Republic of Vietnam at
its 8th session.
NATIONAL ASSEMBLY
Nguyen Van An