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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
92/1999/TT-BTC
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Hanoi,
July 24, 1999
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CIRCULAR
AMENDING AND
SUPPLEMENTING CIRCULAR NO. 82/1997/TT/BTC WHICH GUIDES THE APPLICATION OF
IMPORT TAX CALCULATION PRICES UNDER FOREIGN TRADE CONTRACTS
In order to settle arising problems related to
import tax calculation prices, and to create favorable conditions for units and
enterprises to take initiative in calculating business efficiency, the Ministry
of Finance hereby amends and supplements a number points of Circular No.
82/1997/TT-BTC of November 11, 1997 guiding the application of import tax
calculation prices under foreign trade contracts as follows:
I. To replace Item I, Part C as follows:
"I. Goods outside the list of goods items
with import tax calculation prices controlled by the State have to fully meet
the following conditions:
1. Being under written foreign trade contracts
with full major details of a contract, including the following:
+ Names of goods;
+ Quantity;
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+ Mode of payment;
+ Place and time for goods delivery and receipt;
Telegraph, telex, fax, e-mail and other
electronic communications forms, when printed on paper shall be considered
written form of document.
Goods offers and acceptance of goods offers made
in various written forms shall be effective as a trade contract, provided that
they contains major details of a contract as stipulated above.
The details inscribed in the contracts shall be
implemented in strict compliance with the Ministry of Trade�s regulations.
The supplement and/or amendment of contracts
shall be effected according to procedures and order set for each type of
contract. In these cases the supplement and/or amendment of time must be signed
before the seller fills the procedures for goods shipment to the buyer.
2. The payment of 100% of the value of a lot of
import goods via banks: it must be stated clearly in the contracts that the
payment of 100% of the value of a lot of import goods shall be effected via a
commercial bank, in a freely-convertible foreign currency or a kind of foreign
currency agreed upon by the two parties. The payment must comply with
international modes of payment such as L/C, TTr, D/A, D/P.
Particularly for goods imported by land, the
letter of credit (L/C) payment mode must apply and the foreign currency used
for payment must be a freely-convertible foreign currency."
3. The General Department of Customs is entitled
to set the import tax calculation prices in the following cases:
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- Import goods outside the list of goods items
with controlled import tax calculation prices, fully meets conditions for the
application of tax calculation prices stated in the contracts; but the tax
collection management agency has enough grounds to determine that the
contractual prices are not compatible with the actual import prices while the
importing unit fails to prove that the import prices stated in the contract are
the actually-paid import prices.
The setting of import tax calculation prices
must be effected in an uniform, strict and objective manner without causing any
obstruction and negative phenomena in the release of goods.
II. To replace Point 3, Item II, Part C
on conditions for being considered for application of contractual tax
calculation prices as follows:
"3. Being a unit or enterprise undertaking
the import or entrusted to undertake the import, that has paid all forcible
taxes (with certification by the customs agency);"
III. To replace Part D on handling of
violations as follows:
"If an enterprise is detected as having made
a fraudulent foreign trade contract; having failed to declare to the customs
agency any change in the use purposes of materials, and/or raw materials which
have been taxed according to prices stated in the foreign trade contracts; or
having violated the provisions of this Circular, besides having to pay the
import tax and special consumption tax (if any) arrears, shall be sanctioned
for tax evasion according to the provisions of the Law on Import and Export
Taxes, the Law on Special Consumption Tax, the Government’s Decree No. 22/CP of
April 17, 1996 on sanction against administrative violations in the field of
tax, Circular No. 45/TC-TCT of August 1st, 1996 guiding the implementation of
the Government’s Decree No.22/CP and Circular No. 128/1998/TT-BTC of September
22, 1998 amending and supplementing the Finance Ministry’s Circular No.
45/TC-TCT of August 1st, 1996."
IV. This Circular takes effect as from
August 1st, 1999. Other provisions of Circular No. 82/1997/TT-BTC of November
11, 1997, which are not contrary to this Circular, are still in effect. In the
course of implementation, if any difficulty arises, organizations and
individuals are requested to report it promptly to the Ministry of Finance and
the General Department of Customs for consideration and appropriate amendment
and/or supplement.
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