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STANDING
COMMITTEE OF THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No.
240/2000/NQ-UBTVQH10
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Hanoi, October 27th,
2000
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RESOLUTION
ON
AMENDMENT OF AND ADDITION TO THE LIST OF GOODS AND SERVICES WHICH ARE NOT
SUBJECT TO VALUE ADDED TAX AND VALUE ADDED TAX RATES APPLICABLE TO A NUMBER OF
GOODS AND SERVICES
THE STANDING COMMITTEE OF
THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to article 91 of the
1992 Constitution of the Socialist Republic of Vietnam and article 6 of the Law
on Organisation of the National Assembly;
Pursuant to article 4 and article 8 of the Law on Value Added Tax;
Pursuant to Resolution 18-1998 -NQ-QH10 of Legislature X of the National
Assembly at its 4th session dated 25 November 1998 on Estimated State Budget
for 1999; On the proposal of the Government
RESOLVES:
Article 1
To make the following amendments
and additions to the list of goods and services which are not subject to value
added tax stipulated in article 4 of the Law on Value Added Tax as amended by
Resolution 90-1999-NQ-UBTVQH10 of the Standing Committee of the National
Assembly dated 3 September 1999:
1. Clause 4 shall be amended
as follows:
"4. Specialised machinery,
equipment or means of transportation which form part of a technological process
and construction materials which are not yet able to be produced domestically
and are required to be imported to form the fixed assets of enterprises;
aircraft, drilling platforms or watercraft leased from foreign parties which
are not yet able to be produced domestically used for production or business;
equipment, machinery, replacement parts, specialised means of transportation
and supplies which are required to be imported in service of prospecting,
exploration and development of petroleum fields and which are not yet able to
be produced domestically;"
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"7. Credit services,
investment funds and securities trading activities;"
3. Clause 20 shall be amended
as follows:
"20
- Imported goods in the fo
llowing cases: humanitarian aid, non-refundable aid; gifts to State bodies,
political organisations, socio -political organisations, social organisations,
socio - professional organisations; units of the people's armed forces;
donations and gifts to individuals in Vietnam within the limits set out by the
Government, personal effects of foreign organisations and individuals under
diplomatic immunity regulations; hand luggage within duty-free limits;
- Goods to be sold to
international organisations and foreig n individuals for humanitarian and
non-refundable aid to Vietnam;"
4. Clause 22 shall be amended
as follows:
"22. Goods and services
provided directly for international transportation and consumers outside
Vietnam, except for repair of machinery, equipme nt and means of transportation
for foreign parties and labour export services;"
5. Clause 23 shall be amended
as follows:
"23. Technology transfers;
softwares, except for export computer software;".
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To make the following amendments
and additions to the list of goods and services on the basis of the value added
tax rates set out in article 8 of the Law on Value Added Tax as amended by
Resolution 90-1999 -NQ-UBTVQH10 of the National Assembly dated 3 September
1999:
1. Clause 1 shall be amended
as follows:
"1. Tax rate of zero (0)
per cent for export goods, including export goods subject to special sales tax;
export computer software; repair of machinery, equipment and means of
transportation for foreign parties and labour export services;"
2. The tax rate of ten
(10) per cent applicable to the following list of goods and services in
accordance with clause 3 of article 8 shall be changed to the tax rate of five
(5) per cent in accordance with clause 2 of article 8:
- Products from metallurgy, ro
lling and drawing of ferrous, nonferrous or precious metals, except for
imported gold set out in clause 24 of article 4 of the Law on Value Added Tax;
- Moulds of all types;
- Power cable for voltages of
600V or more;
- Computers, modules of
computers;
- Explosives;
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- Grindstone;
- Newsprint;
- Spray canisters with pressure
chamber;
- Rubber latex in semi-processed
form;
- Artificial hard boards;
- Soil, stone, sand and gravel;
- Tyres and sets of tyres and
tubes whose size is 900-20 or more;
- Products of pharmaceutical
chemistry and pharmaceutical products being materials for production of
medicines for disease treatment and prevention;
- Neutral glass tubes;
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- Goods subject to special sales
tax in the process of trading whose tax is paid in accordance with the method
of tax credit;
- Net, rope and fibre for knitting
of fishing net;
- Construction and installation;
- Maintenance, re pair and
restoration of historical or cultural relics, museums, except for activities
set out in clause 15 of article 4 of the Law on Value Added Tax;
- Dredging of fairway, river ports,
seaports; recovery of sunken property and salvage;
- Transport, loading and
discharge of goods;
- Books subject to value added
tax;
- Magnetic tapes or disks
whether or not they are programmed;
- Distribution and screening of
video films.
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This Resolution shall be of full
force and effect as of 1 January 2001.
The Government shall make
detailed provisions for implementation of this Resolution.
ON
BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh