THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
118/2011/TT-BTC
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Hanoi,
August 16, 2011
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CIRCULAR
GUIDING
IMPORT DUTY AND VALUE-ADDED TAX ON IMPORTS OF POWER PROJECTS
Pursuant to the June 14, 2005
Law on Import Duty- and Export Duty;
Pursuant to the Government's
Decree No. 87/2010/ND-CP of August 13, 2010, detailing a number of articles of
the Law on Import Duty and Export Duly;
Pursuant to the June 3, 2008
Law on Value-Added Tax;
Pursuant the Government's
Decree No. 123/2008/ND-CP of December 8, 2008, detailing and guiding a number
of articles of the Law on Value -Added Tax;
In furtherance of the
Government's Resolution No. 59/NQ-CP of December 17, 2010, on simplification of
administrative procedures under the management of the Ministry of Industry and
Trade;
Pursuant to the Government's
Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Finance;
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The Ministry of Finance
guides import duty and value-added tax on imports of power projects as follows;
Article 1. Scope and
subjects of application
This Circular applies to raw
materials and supplies imported to create fixed assets of power projects.
Article 2. Import duty
I. For power projects which had
been granted investment licenses and investment incentive certificates before
October 1, 2010 (the effective date of the Government's Decree No.
87/2010/ND-CP of August 13, 2010, detailing a number of articles of the Law on
Import Duly and Export Duty - below referred to as Decree No. 87/2010/ND-CP):
1.1. For raw materials and
supplies imported before December 17, 2010 (the effective date of the
Government's Resolution No. 59/NQ-CP of December 17, 2010, on simplification of
administrative procedures under the management of the Ministry of Industry and
Trade - below referred to as Resolution No. 59/NQ-CP):
a/ Raw materials and supplies
imported for power projects approved by the Government or the Prime Minister
and certified by the Ministry of Industry and Trade to be complete sets and
undetachable from main machinery and equipment used to create fixed assets of
these projects shall be considered raw materials and supplies used for
manufacturing equipment and machinery included in technology chains for assembly
or use with main equipment and machinery which are exempt from import duty
under Point d. Clause 6. Article 16 of the Government's Decree No.
149/2005/ND-CP of December 8, 2005, detailing the Law on Import Duty and Export
Duty (below referred to as Decree No. 149/2005/ND-CP).
b/ Raw materials and supplies
imported to create fixed assets of power projects other than those specified at
Point a of this Clause are exempt from import duty under Points d and e. Clause
6. Article 16 of Decree No. 149/2005/ ND-CP.
c/ Duty exemption dossiers and
procedures comply with the Ministry of Finance's Circular No. 59/2007/TT-BTC of
June 14, 2007, guiding import duty, export duty and tax administration of
imports and exports, or Circular No. 79/2009/TT-BTC of April 20, 2009, guiding
customs procedures, inspection and supervision and import duty, export duty and
tax administration of imports and exports (below referred to as Circular No.
79/2009/TT-BTC), depending on the time of registration of the list of duty-free
imports of projects.
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1.2. For raw materials and
supplies imported from December 17, 2010, onward:
a/ Raw materials and supplies
imported for power projects approved by the Government or the Prime Minister
are exempt from import duty under Point d. Clause 6. Article 16 of Decree No.
149/2005/ND-CP Duly exemption dossiers and procedures comply with Points c and
d. Clause 1.1, but the Ministry of Industry and Trade's written certification
is not required.
b/ Raw materials and supplied
imported to create fixed assets of power projects other than those specified at
Point a of this Clause are exempt from import duty under Points d and e. Clause
6. Article 16 of Decree No. 149/2005/ ND-CP. Duty exemption dossiers and
procedures comply with Point c. Clause 1.1.
2. For power projects which are
granted investment licenses or investment incentive certificates on October 1.
2010, onward:
2.1. Raw materials and supplies
imported to create fixed assets of these projects are exempt from import duty
under Points d and e. Clause 6, Article 16 of Decree No. 87/2010/ND-CP.
2.2. Duty exemption dossiers and
procedures comply with the Ministry of Finance’s Circular No. 79/2009/TT-BTC or
Circular No. 194/ 2010/TT-BTC of December 6, 2010, guiding customs procedures,
inspection and supervision and import duty, export duty and tax administration
of imports and exports. depending on the time of registration of the list of
duty-free imports of projects.
Article 3. Value-added
tax
1. For raw materials and
supplies imported before January 1, 2009:
1.1. Raw materials and supplies
imported for power projects approved by the Government or the Prime Minister
(which are identified as raw materials or supplies used for manufacturing
equipment and machinery included in technology chains for synchronous assembly
or use with main equipment or machinery) are not liable to value-added tax
under Clause 4, Article 4 of the Governments Decree No. 158/2003/ ND-CP of
December 10, 2003, detailing the Law on Value-Added Tax and the Law Amending
and Supplementing a Number of Articles of the Law on Value-Added Tax (below
referred to as Decree No. 158/2003/ND-CP).
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3. Raw materials and supplies
imported from January 1, 2009, onward for power projects are liable to
value-added tax under the June 3. 2008 Law on Value-Added Tax and its guiding
documents.
Article 4. Organization
of implementation
In case importers have paid tax
and fines (if any) into the state budget for imports which are exempt from
import duty under Point a, Clause 1.1 or Point a. Clause 1.2, Article 2 and not
liable to value-added tax under Point 1.1. Article 3 according to tax
assessment (or tax retrospective collection) decisions, the paid amounts
(including also fines, if any) shall be refunded or cleared against the payable
tax amount of the subsequent tax period according to the law on tax
administration.
Article 5. Effect
1. This Circular takes effect on
September 30, 2011, repealing the Ministry of Finance's Official Letter No.
12609/BTC-CST of September 21, 2010, guiding import duty and value-added tax on
supplies and equipment for construction of power facilities.
2. Any difficulties and problems
arising in the course of implementation of this Circular should be reported to
the Ministry of Finance for study and prompt guidance.-
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan
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