THE
MINISTRY OF AGRICULTURE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
84/2002/TT-BTC
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Hanoi,
September 26, 2002
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CIRCULAR
GUIDING FINANCIAL
MATTERS FOR PROMOTING THE DEVELOPMENT OF RURAL PRODUCTION/BUSINESS LINES AND
CRAFTS
In furtherance of the Prime Minister’s Decision
No. 132/2000/QD-TTg of November 24, 2000 on a number of policies to promote the
development of rural production/business lines and crafts, and the Government’s
Resolution No. 05/2001/NQ-CP of May 24, 2001 adding a number of measures to
execute the 2001 economic plan, the Finance Ministry hereby guides financial
matters for promoting the development of rural production/business lines and
crafts, as follows:
I. GENERAL PROVISIONS
1. Application objects and scope:
- Family households and individuals permanently
residing in rural areas and conducting production and/or business activities;
- Cooperation groups and teams, cooperatives,
private enterprises, joint-stock companies, limited liability companies and
partnerships conducting production and/or business activities and being
headquartered in rural areas.
The above-said organizations and individuals
(hereinafter referred collectively to as rural production, business and craft establishments)
conducting production and/or business activities or providing services and/or
products of the production and/or business lines and crafts specified in
Section 1, Article 1 of the Prime Minister’s Decision No. 132/2000/QD-TTg of
November 24, 2000.
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II. SPECIFIC PROVISIONS
1. Regarding infrastructure:
The State shall provide capital support for
investment in rural traffic roads and infrastructure of rural craft villages as
provided for in the Finance Ministry’s Circular No. 79/2001/TT-BTC of September
28, 2001 guiding the financial mechanism for the execution of projects on rural
traffic roads, aquacultural infrastructure and infrastructure of rural craft
villages.
2. Regarding land:
Rural production, business and craft establishments
shall enjoy the following preferential land policies:
2.1. To enjoy the land rent preferences with the
lowest rates prescribed in Article 2 of the Finance Minister’s Decision No.
1357/QD-BTC of December 30, 1995 prescribing the land rent bracket applicable
to domestic organizations, which are leased land by the State: equal to 0.5% of
the price of 1 m2 of land, issued by the People’s Committees of the provinces
and centrally-run cities together with the Government’s Decree No. 87/CP of
August 17, 1994 prescribing the price bracket of assorted land.
2.2. Rural production, business and craft
establishments, which have already been permitted by the competent local
administrations to convert the land use purposes from agriculture, aquaculture
or salt-making land into land for other production and business purposes, shall
not have to switch to lease land, but continue using it and fulfill their
obligations toward the State budget within the time limit prescribed for such
type of land in Article 26 of the Government’s Decree No. 04/2000/ND-CP of
February 11, 2000 detailing the implementation of the Law Amending and
Supplementing a Number of Articles of the Land Law. After the prescribed time
limit, they shall have to switch to comply with the current land rent regime
for the right purposes.
2.3. In cases where rural production, business
and craft establishments move their production places out of population
quarters, they shall enjoy the land rent exemption for three years after the
completion of the construction of production establishments on the new land
areas, or enjoy the preferential regime of land rent reduction or exemption
provided for in Clause 5, Section III, Part I of Circular No. 35/2001/TT-BTC of
May 25, 2001 guiding the payment of land rent and joint-venture contribution
with value of land use right of domestic organizations, family households and
individuals (if any).
2.4. Land rents collected under land lease
contracts from rural production, business and craft establishments shall be
left to local budgets in strict compliance with the provisions of the State
Budget Law. Annually, the provinces and centrally-run cities shall have to
prioritize the incorporation or allocation of capital for investment in
infrastructure of population areas where exist craft villages or rural
production/business lines and crafts in their respective localities.
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Rural production, business and craft
establishments having efficient investment projects shall be provided with the investment
credit loans, post-investment interest rate supports or investment credit
guarantees by the Development Assistance Fund according to the provisions of
the Government’s Decree No. 43/1999/ND-CP of June 29, 1999 on the State’s
development investment credits and other current legal documents.
4. Regarding tax and fee preferences:
- Rural production, business and craft
establishments shall enjoy tax preference levels provided for in the
Government’s Decree No. 51/1999/ND-CP of July 8, 1999 detailing the
implementation of Domestic Investment Promotion Law (amended) No. 03/1998/QH10,
Decree No. 35/2002/ND-CP of March 29, 2002 amending and supplementing lists A,
B and C in the Appendix to Decree No. 51/1999/ND-CP of July 8, 1999; the
Finance Ministry’s Circular No. 22/2001/TT-BTC of April 3, 2001 amending
Circular No. 146/1999/TT-BTC of December 17, 1999 guiding the tax exemption or
reduction for subjects eligible for the investment preferences under Decree No.
51/1999/ND-CP and other current legal documents.
- Rural production, business and craft
establishments, if permitted to exploit natural resources in service of
production or processing, shall enjoy natural resources tax exemption or
reduction as provided for in Article 12 of the Government’s Decree No.
68/1998/ND-CP of September 3, 1998 detailing the implementation of the Natural
Resources Tax Ordinance (amended). The order and procedures for effecting the
natural resources tax exemption or reduction shall comply with the guidance in
the Finance Ministry’s Circular No. 153/1998/TT-BTC of November 26, 1998
guiding the implementation of the Government’s Decree No. 68/1998/ND-CP of
September 3, 1998 detailing the implementation of the Natural Resources Tax
Ordinance (amended).
- Artisans shall be exempt from enterprise
income tax (income tax on high income-earners) for their incomes earned from
job-teaching activities.
- Rural production, business and craft
establishments shall pay charges and fees according to the stipulations in the
National Assembly Standing Committee’s Charge and Fee Ordinance No.
38/2001/UBTVQH of August 28, 2001, the Government’s Decree No. 57/2002/ND-CP of
June 2, 2002 detailing the implementation of the Charge and Fee Ordinance and
other current guiding documents.
5. Regarding trade promotion and product
consumption:
The State shall use the Export Support Fund to
partly cover expenses for rural production, business and craft establishments
activities of market development, trade promotion and product consumption, as
follows:
5.1. Rural production, business and craft
establishments shall enjoy 50% reduction of the expense for renting pavilions
in domestic trade fairs and exhibitions to display their products.
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Upon conclusion of trade fairs and exhibitions,
enterprises dealing therein shall make dossiers requesting the Export Support
Fund to pay for pavilion rent discounts for rural production, business and
craft establishments. Each dossier comprises:
+ Written request of the enterprise dealing in
trade fairs and exhibitions;
+ Pavilion rent contract between the lessor and
the lessee and written record on liquidation thereof;
+ List of rural production, business and craft
establishments having rented pavilions in trade fairs and exhibitions.
5.2. Rural production, business and craft
establishments shall enjoy the regime of State support for activities of market
development and trade promotion prescribed in the Finance Ministry’s Circular
No. 61/2001/TT-BTC of August 1, 2001 and other current regulations.
When receiving supports from the State, the
rural production, business and craft establishments shall account them as
decrease in business costs.
5.3 Rural production, business and craft
establishments shall enjoy the preferential regime provided for in the Prime Minister’s
Decision No. 195/1999/QD-TTg of September 27, 1999 on export activities and
other current documents.
5.4. Rural production, business and craft
establishments shall be rewarded when they earn export turnover according to
the Finance Minister’s Decision No. 65/2001/QD-BTC of June 29, 2001 on export
turnover reward for goods items of rice, coffee, pork and canned vegetables and
fruits in 2001 and Decision No. 63/2002/QD-BTC of May 21, 2002 on export
turnover reward for goods items under the Prime Minister’s direction and other
relevant provisions of the current law.
The rural production, business and craft
establishments shall account the above-said rewards into business income.
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- The State-run training establishments shall
prioritize the allocation of job-training quotas to the rural production,
business and craft establishments within annual plans of funding to be
allocated by the State to job-training establishments.
- Artisans of craft villages may coordinate with
the State-run training establishments in organizing training courses or
organize by themselves training courses suitable to production lines of the
rural production, business and craft establishments, and shall be exempted from
taxes on job-teaching activities. Expenses for organizing training courses
shall be covered by the following sources:
+ Tuition collected from trainees or
contributions by labor employers on the basis of agreements;
+ Supports from training centers of districts,
provinces or cities (if any);
+ Supports from organizations and individuals at
home and abroad.
If the above-said sources are not enough to
cover training expenses, the deficit shall be accounted by the establishments
into their business costs.
- For training courses organized in form of
on-job study, training expenses shall be accounted into production and/or
business costs of rural production, business and craft establishments.
III. ORGANIZATION OF IMPLEMENTATION
1. The ministries, the ministerial-level agencies,
the agencies attached to the Government, the People’s Committees of all levels,
the Finance-Pricing Services and Tax Departments of the provinces and
centrally-run cities, and the Development Assistance Fund shall have to guide
the implementation of this Circular and other legal documents on the
preferential and incentive policies toward rural production, business and craft
establishments.
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FOR THE FINANCE MINISTER
VICE MINISTER
Tran Van Ta