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THE MINISTRY OF FINANCE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
134/2014/TT-BTC
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Hanoi,
September 12, 2014
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CIRCULAR
PROCEDURE
FOR THE DEFERMENT OF VAT PAYMENT AND REFUND FOR IMPORTED MACHINERY AND
EQUIPMENT USED AS FIXED ASSETS IN INVESTMENT PROJECTS
Pursuant
to the VAT Law No. 13/2008/QH12 dated June 03, 2008 and the Law on amending
several provisions of the VAT Law No. 31/2013/QH13
dated June 19, 2013;
Pursuant to the Tax
Administration Law No. 78/2006/QH11 dated November 29, 2006 and the Law on the
amendments to the Tax Administration Law No.21/2012/QH13 dated November 20,
2012;
Pursuant to the Government’s
Decree No.209/2013/ND-CP dated December 18, 2013 on providing instructions on
the implementation of several provisions of the VAT Law;
Pursuant to the Government’s
Decree No. 83/2013/ND-CP dated July 22, 2013 on detailing the implementation of
several provisions of the Law on Tax Administration and the Law on the
amendments to the Law on Tax Administration;
Upon implementing the
Government’s Resolution No.63/NQ-CP dated August 25, 2014 on several approaches
to tax issues with the aim of settling difficulties and promoting the
enterprise’s growth;
At the request of the Director
of the Tax Policy Department,
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Article 1. Governing scope
1. Enterprises that are newly
established from investment projects and have yet to be brought into operation
or those that have been already brought into operation, who are taking part in
investment projects (such as the installation of new production line,
operational expansion, technological innovation, environmental improvement and
production capacity enhancement) by means of directly importing or giving the
authorization to import machinery and equipment used as fixed assets in such
investment projects but are also faced with financial difficulties such as
failure to distribute a sufficient amount of money for the VAT payment at the
importation stage; reliance on loans from commercial banks on the importation
of machinery and equipment for production and trading purposes; in case of
great losses incurred by the delayed customs clearance of commodities leading
to the suspended and extended investment, they are entitled to choose between
VAT payment deferment at the importation stage and VAT refund according to
instructions enshrined on conditions that the following requirements must be
entirely fulfilled:
a) Enterprises, who apply for
their VAT payment registration under the credit-invoice method, has been
already granted the certificate of business registration or investment
certificate, investment license (or the practicing certificate); hold
legitimate stamps, maintain bookkeeping and accounting systems in compliance
with the accounting law; open deposit accounts at banks classified by their tax
identifications;
b) Total value of imported
machinery and equipment used as fixed assets is worth equal to or greater than
VND 100 billion;
c) Any investment project is
developed to produce, trade or supply taxable commodities and services.
2. Imported machinery and
equipment used as fixed assets in investment projects are not governed by this
Circular, including those used as fixed assets intended for the production of
weapons and military equipment to serve the purpose of national defence and
security; fixed assets, machinery and equipment owned by credit institutions,
reinsurance enterprises, life insurance companies, securities corporations,
health facilities and training institutions; civil aircrafts and yachts that do
not serve the purpose of cargo and passenger transportation, and hospitality
and tourism.
Article 2. VAT payment
deferment at the importation stage
1. Enterprises stipulated in
Article 1 of this Circular are eligible for the deferment of VAT payment at the
importation stage, which is applied to machinery and equipment that need to be
imported to create fixed assets for investment projects within a period of 60
days from the expiration date of VAT payment as prescribed by laws. The tax
payment deferment shall take effect from the first shipment of freight which is
worth less than VND 100 billion. The freight shall be granted customs clearance
right after the customs authority completes their physical inspection.
2. Application for the tax payment
deferment:
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In case goods are imported in
split consignments, the first consignment must be enclosed with the list of
imported goods that require the tax deferment according to the form 07 Annex II
promulgated together with the Circular No. 128/2013/TT-BTC dated September 10,
2013 by the Ministry of Finance on providing instructions on customs
procedures; customs supervision and inspection; import and export duties, and
the administration of tax levied on imports and exports in which the title
"List of goods exempt from import duties” shall be replaced with “List of
goods eligible for the VAT deferment at the importation stage”, the line “7.
Proposed schedule of completion of the importation of tax-exempt goods”
replaced with “7. Proposed schedule of completion of the importation of goods
eligible for the VAT deferment” (02 originals of the aforementioned lists must
be submitted) attached along with 02 records on tracking and differential
according to the form 10 Annex II of the Circular No.128/2013/TT-BTC.
In case the deferred tax amount is
listed in different customs declarations of imported goods, the request for tax
deferment must list out these declarations.
b) A tax declaration dossier of
the VAT amount that requires the deferment (01 copy);
c) A binding contract to purchase
imported goods that require the VAT deferment. In case of many contracts, all
of them must be submitted (01 copy);
d) A written approval for the
project or investment plan may be the investment certificate issued by
competent authorities or the written consent from the Board of Directors or
Shareholders’ Meeting or the Director within his/her area of competence
specified in the corporate rules enclosed with the application for the
investment registration and the receipt of the application for the registration
of investment project (01 copy);
If machinery and equipment need to
be imported to serve as fixed assets, which are eligible for both import duty
deferment and exemption as prescribed in the law on investment and import duty,
the application and procedure for requesting the VAT deferment shall be same as
the application and procedure for import duty exemption as stipulated in
Article 102 of the Circular No.128/2013/TT-BTC. Required application documents
for both the tax deferment and exemption must have the same required amount of
documents as those for tax exemption.
3. Processes of the deferment of
tax payment:
a) Document receipt:
a.1) If the application documents
are submitted directly at the customs authority, customs officers must receive
and put their stamp on these documents, clarify when it is received and what documents
are included in the application dossier.
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a.3) If the application is sent
via electronic transactions, the receipt, inspection and acceptance of the
application for tax deferment shall be carried out via the electronic data
processing system.
b) Document processing:
If the taxpayer has sent their
application for tax deferment that is incomplete as regulated by laws, within
01 (one) working day from the receipt, the customs authority must notify the
taxpayer in written to make it complete for later submission.
The taxpayer must complete their
application documents within a period of 03 (three) working days from the
receipt of the above notification.
If it is certified that
application documents are full, accurate and validated according to legal
regulations, the customs authority must notify the taxpayer in written of the
consent to the deferment of tax payment within a period of 03 (three) working
days from the full receipt of such documents.
c) Responsibility for the tax
deferment:
c.1) The Head of Customs
Sub-department shall be responsible for the tax deferment to the taxpayer who has
submitted their application for the deferment of payment for tax amount only
recorded at one Customs Sub-department.
c.2) The Head of Customs
Sub-department shall be responsible for the tax deferment to the taxpayer who
has submitted their application for the deferment of payment for tax amount
recorded at different Customs Sub-departments affiliated to one Customs
Department.
c.3) The Director of the General
Department of Customs shall be responsible for the tax deferment to the
taxpayer who has submitted their application for the deferment of payment for
tax amount recorded at different Customs Departments.
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1. Application documents for tax
refund:
a) A written request for the tax
refund according to the form No.01/DNHT issued together with the Circular
No.156/2013/TT-BTC dated November 06, 2013 by the Ministry of Finance on
providing guidance for the implementation of several provisions of the Law on
Tax Administration; the Law on the amendments to the Law on Tax Administration
and the Government’s Decree No. 83/2013/ND-CP dated July 22, 2013 which clearly
state that the reason for requesting the tax refund is to conform to the
instructions given in this Circular (clearly write the Circular’s number) and
records on the VAT payment have not been included in at the importation stage
yet.
b) A statement on customs
declarations of imported goods that has been stamped by the customs authority
according to the form 01-1/DNHT issued together with the Circular
No.156/2013/TT-BTC which clearly states that a written request for the tax
refund is made according to the form No.01/DNHT and the column of notes clearly
writes “remain liability for records on the VAT payment at the importation
stage".
The enterprise shall take legal
responsibility for the validity, legitimacy and accuracy of application
documents, records, invoices and other relevant documents relating to the
request for tax refund that has been sent to the taxation authority.
2. Procedures for tax refund:
a) Submission and receipt of
application documents for tax refund:
The enterprise must prepare and
submit application documents for tax refund to the taxation authority in which
records on the VAT payment at the importation stage have not been included in
application documents yet.
If the application documents are
submitted directly at the taxation authority, taxation officers must receive
and put their stamp on these documents, clarify when it is received and what
documents are included in the application dossier.
If the application for tax refund
is sent by post, taxation officers must stamp the receipt date and record it
into the register kept by the taxation authority.
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b) Tax refund processing:
b.1) If the taxpayer has sent
their application for tax refund that is incomplete as regulated by laws,
within 02 (two) working days from the receipt, the taxation authority must
notify the taxpayer in written to make it complete for later submission.
b.2) If the application documents
for tax refund are full, accurate and validated as stipulated by laws, the
taxation authority is responsible to consider and examine these in accordance
with the process of VAT refund.
b.3) Within a maximum period of 05
(five) working days from the full receipt of application documents, the taxation
authority must notify the taxpayer of the result of confirming that the
application for tax refund is acceptable as well as must request the taxpayer
to submit their records on the VAT payment at the importation stage, based on
which the taxation authority can decide whether the inspection should be
performed after tax refund.
b.4) Within a period of 03 (three)
working days from the receipt of records on the VAT payment for imports, the
taxation authority is responsible to double-check records on tax payment with
the figures present in the enterprise’s application documents for tax refund
and make a decision on tax refund. If the paid tax amount recorded in records
on tax payment is less than the amount of VAT refunded upon the initial
request, the refunded tax amount is considered the paid amount recorded in
records on tax payment; If the paid tax amount recorded in records on tax
payment is greater than the amount of VAT refunded upon the initial request,
the refunded tax amount is considered the amount of tax refunded upon the
initial request.
Article 4. Effect
1. This Circular takes effect from
October 27, 2014.
If enterprises governed by the
regulations set out in Article 1 of this Circular have made the customs
declaration for imported goods registered before the effective date of this
Circular and prior to the expiration date of the tax payment as prescribed in
regulations set out in Clause 11 Article 1 of the Law on the amendments to the
Law on Tax Administration but have not paid their tax yet, they are eligible
for tax payment deferment and tax refund under the instructions set out in this
Circular.
2. Other cases of VAT refunds that
are not governed by the regulations enshrined in this Circular shall adhere to
current laws.
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PP. MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan