|
THE MINISTRY OF
INDUSTRY
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
----------
|
|
No.01/1999/TT-BCN
|
Hanoi,
March 12, 1999
|
CIRCULAR
GUIDING THE REGISTRATION
FOR CERTIFICATION OF THE CONDITIONS FOR APPLYING IMPORT TAX ACCORDING TO THE
LOCALIZATION RATE ON MECHANICAL, ELECTRICAL OR ELECTRONIC PRODUCTS
Based on the Prime Minister’s opinions in
Official Dispatches No.4830/KTTH of September 24, 1997, No.1440/CP-KTTH of
November 7, 1998 and No.2687/VPCP-KTTH of July 15, 1998 on the tax policy
applied according to the localization rate, the Ministry of Industry hereby
guides in detail the matters related to the conditions for applying import tax
according to the localization rate on mechanical, electrical or electronic
products and parts, as follows:
1. All Vietnamese enter rises and
foreign-invested enterprises engaged in the manufacture and/or assembly of
mechanical, electrical or electronic products and parts which are subject to an
import tax rate of 30% or more, shall be entitled to register for the
application of import tax according to the localization rate.
2. The dossier of registration for certification
of the manufacturing technology capability and level and the localization rate
shall comprise:
2.1. An official written request for
certification
2.2. The investment license or the license for
establishment of the concerned enterprise (notarized copy).
2.3. The decision ratifying the investment project
(notarized copy).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.5. The explanation of the manufacturing
technology capability and level, including:
- The manufacturing technology arrangement plan;
- The list of main equipment in service of production,
including technological, analytical, experimental and checking equipment;
- The contingent of technicians and technical
workers;
- The certificate of product and goods quality
registration (copy);
- The decision ratifying the environmental impact
assessment report (copy);
- The certificate of industrial property rights
(copy).
The enterprises that have been inspected
according to the regulations jointly promulgated by the Ministry of Industry,
the Ministry of Science, Technology and Environment and the Ministry of
Communications and Transport (in Official Dispatch No.479/BKHCNMT-TDC of
February 25, 1999) shall only have to submit the Ministry of Science,
Technology and Environment’s notice certifying the technical conditions for
manufacture and assembly (copy, if any).
2.6 The production and localization plan
including:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The production plan and localization rate
registered for the current plan year;
- The projected production and localization
plans for the subsequent years.
2.7. The explanation of thc calculation of
localization rate to be registered.
3. Regarding the localization rate calculation:
- In principle, in the localization rate calculation
formula, Z is the import price(s) (CIF price) of the products or parts in
complete units, I is the value reflected on invoices and vouchers of the
imported semi-finished products, details, groups of details components
(corresponding to the standard of knocked down form). Z and I (with the
calculating unit being US$) are from the same source.
The Ministry of Industry shall concretely
consider each specific case where: Z and I are from different sources; or Z is
from the same source but there exist many import prices; or the import prices
are not available for complete-unit or brand-new product and parts, etc.
- The localization rate shall be calculated
separately for each kind of products, not collectively for the whole company.
- Enterprises shall have to take responsibility
before law for the accuracy and reliability calculation figures and registered
localization rate and shall be subject to the inspection and supervision by
State bodies and auditing agencies.
4. Regarding the organization implementation:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The registration for certification of the
localization rate shall be made annually at the beginning of the year or the
end of the preceding year, depending on the enterprise’s production plan, and
shall be supplemented and readjusted once in the second half of the year.
- A registration dossier shall be made in 3 sets
and sent to the Ministry of Industry.
The Ministry of Industry shall authorize the
Department for Technology and Product Quality Management to concretely examine
and consider dossiers and issue written certification notices within 15 days
after receiving the complete dossiers.
Any difficulties or problems arising in the
course of implementation of this Circular shall be reported by the concealed
enterprises to the Ministry of Industry for timely study and appropriate
solutions.
FOR THE MINISTER OF
INDUSTRY
VICE MINISTER
Nguyen Xuan Chuan