THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
05/2009/ND-CP
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Hanoi, January 19,
2009
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DECREE
DETAILING THE IMPLEMENTATION OF THE ORDINANCE
ON ROYALTIES AND THE ORDINANCE AMENDING AND SUPPLEMENTING ARTICLE 6 OF THE
ORDINANCE ON ROYALTIES
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the April 10, 1998 Ordinance on Royalties;
Pursuant to the November 22, 2008 Ordinance Amending and Supplementing Article
6 of the Ordinance on Royalties;
At the proposal of the Minister of Finance,
DECREES:
Chapter I
ROYALTY PAYERS AND
ROYALTY-LIABLE OBJECTS
Article 1.
Organizations and individuals that exploit natural resources in any forms shall
pay royalties under Article 1 of the Ordinance on Royalties.
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1. Metallic minerals.
2. Non-metallic minerals,
including also
minerals used as ordinary
construction materials and soil exploited for ground leveling, construction and
embankment or use as raw materials or for other purposes; natural mineral water
and thermal water specified in the Law on Minerals.
3. Petroleum oil being crude oil
specified in Clause 2, Article 3 of the Petroleum Law.
4. Fuel gas being natural gas
specified in Clause 3, Article 3 of the Petroleum Law.
5. Coal gas specified in Clause
3, Article 1 of the Law Amending and Supplementing a Number of Articles of the
Petroleum Law.
6. Natural forest products,
covering plants and animals of all kinds and other products.
7. Natural aquatic resources,
covering wild animals and plants in the sea, rivers, streams and lakes.
8. Natural water, covering
surface water and ground water, excluding natural mineral water and thermal
water specified in Clause 2 of this Article.
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Article 3.
For natural resource-exploiting enterprises established under joint venture or
business cooperation contracts, royalties payable by joint-venture enterprises
or foreign partners shall be indicated in business cooperation contracts and
included in the volumes of products shared to Vietnamese partners. When sharing
exploited products, Vietnamese partners shall remit royalties into the state
budget in accordance with the State Budget Law and this Decree.
Chapter 2
ROYALTY BASES, TARIFF
AND PAYMENT METHODS
Article 4.
Royalty bases include the actually exploited output of commodity natural
resources.
royally-liable price and tax
rate. Particularly for crude oil, natural gas and coal gas (below collectively
referred to as oil and gas), royalty bases shall be determined on the basis of
the progressive part of the total actually extracted output of oil or gas in
each tax period, calculated on the basis of the average daily output of
extracted oil or gas under an oil or gas contract, royalty rate and number of
extraction days in a tax period.
Article 5.
The actually exploited output of commodity natural resources is the quantity,
weight or volume of natural resources actually exploited in a tax period,
regardless of the purposes of exploitation.
Article 6.
1.
Royalty-liable price is the selling price of a natural resource product unit at
the place of exploitation.
a/ For natural resources
exploited in a month which are of the same grade and quality and then, part of
their output is sold at the place of exploitation at the market price while the
remainder is sold to other places or put into production, processing, sorting,
classification or selection, the royalty-liable price of the whole output of
exploited natural resources is the value-added tax-exclusive selling price of
such natural resource product unit at the place of exploitation;
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2. When the selling price of a
natural resource product unit cannot be determined under Clause 1 of this
Article, the royalty-liable price of a natural resource unit shall be
determined based on one of the following grounds:
a/ The average market selling
price of an exploited natural resource unit of the same category and equivalent
value;
b/ The selling price of a refined
product unit and the content of this substance in the exploited natural
resource, or the price of a refined product and the content of each substance
in the exploited natural resource;
c/ The percentage of the selling
price of a product manufactured and processed from the exploited natural
resource.
3. Royalty-liable price in some
specific cases is stipulated as follows:
a/ For natural water used for
hydropower generation, it is the average selling price of commodity
electricity; for mineral water and natural water used for other purposes, it is
prescribed at Point c. Clause 2 of this Article;
b/ For timber, it is the selling
price at the place of delivery;
c/ For oil and gas. it shall be
determined as follows:
For crude oil. it is the
weighted average price of crude oil sold at the place of delivery and receipt
under an arm's length trading contract.
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The Ministry of Finance shall
specify royalty-liable prices of crude oil, natural gas and coal gas which are
sold not under an arm's length trading contract.
4. The Ministry of Finance shall
guide the determination of royalty-liable prices mentioned in this Article.
5. Provincial-level People's
Committees shall specify royalty-liable prices of natural resources of which
product unit selling prices cannot yet be determined (except oil. gas and
natural water used for hydropower generation) under the Finance Ministry's guidance.
Article 7.
1. The
royalty tariff is specified in Appendices I and II to this Decree.
2. Based on the market price of
and management requirements for each category of natural resource in each
period, the Ministry of Finance shall assume the prime responsibility for, and
coordinate with concerned ministries and branches in. submitting to the Prime
Minister for decision the adjustment of royalty rates for each category of
natural resource in the royalty tariff enclosed with this Decree in line with
the tariff specified in Article 1 of the November 22, 2008 Ordinance Amending
and Supplementing Article 6 of the Ordinance on Royalties.
Article 8.
Natural resource exploiters shall register, declare and pay royalties in
accordance with the tax administration law. Particularly for oil and gas,
royalty registration, declaration and payment are specified as follows:
1. Royalties for oil and gas
extraction shall be paid in crude oil. natural gas or coal gas, in cash, or
partially in cash and partially in crude oil, natural gas or coal gas as
prescribed by the Ministry of Finance. Tax agencies shall notify in writing 6
months in advance taxpayers of the royalty payment method.
2. Royalties in crude oil.
natural gas or coal gas shall be paid at the place of delivery and receipt.
When tax agencies request the payment of royalties at other places, royalty
payers may include in payable royalty amounts freights and other direct
expenses arising as a result of change of places for tax payment.
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ROYALTY EXEMPTION AND
REDUCTION
Article 9.
Royalties may be exempted or reduced in the following cases:
1. Natural resource exploiters
that encounter natural disasters, enemy sabotage or unexpected accidents,
causing losses to natural resources for which royalties have been declared and
paid, will be considered for exemption from payable royalties for the lost
volumes of natural resources. The paid royalty amount may be refunded or
cleared against the subsequent period's payable royalty amount.
2. Exploiters of offshore aquatic
resources by high-capacity vessels are exempt from royalty payment for 5 years
after they are granted exploitation licenses, and entitled to a 50% royalty
reduction for 5 subsequent years. Past the above tax exemption or reduction
duration, if still suffering losses, they will be further considered for
reduction of royalty amounts corresponding to losses arising in each year for
not more than 5 subsequent consecutive years.
3. Royalties will be exempted
for natural forest products which individuals are licensed to exploit, such as
timber, tree branches, firewood, bamboo of all kinds and thatch, for their
daily-life needs.
4. Royalties will be exempted
for natural water used for generation of hydropower not fed into the national
power grid.
5. Exploiters of soil for the
following purposes will be exempted from royalties:
a/ Ground leveling for
construction of security and defense works;
b/ Ground leveling for
construction of dikes and irrigation works for agricultural, forestry and
fishery purposes;
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d/ Ground leveling for
construction of mountainous infrastructure works (mountainous districts) for
local socio-economic development;
e/ Ground leveling for
construction of national key works under the Government's decisions on a
case-by-case basis.
Royalty exemption mentioned in
Clause 5 of this Article is applicable only to exploiters of natural resources
for non-commercial purposes.
Article 10.
Royalty exemption until 2010 for marine resource exploiters and unprocessed
salt makers is specified in Clause 2, Section II of the National Assembly's
Resolution No. 47/2005/ QH11 of November 1, 2005.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 11.
This Decree takes effect on the date of its signing.
1. To annul the Government's
Decrees No. 68/ 1998/ND-CP of September 3,1998. and No. 147/2006/ND-CP of
December 1, 2006, detailing the implementation of the Ordinance on Royalties,
and Articles 44 thru 47 of the Government's Decree No. 48/2000/ND-CP of
September 12, 2000, detailing the implementation of the Petroleum Law.
2. For investment projects or
oil and gas contracts signed before the effective date of this Decree, and
royalty payment is indicated in investment licenses or oil and gas contracts,
the provisions of those investment licenses or signed oil and gas contracts
apply. For oil and gas contracts not yet signed before the effective date of
this Decree while specific royalty rates have been approved by the Prime
Minister, the Prime Minister's approval decisions shall be complied with.
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Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial-level People's Committees, and concerned organizations and
individuals shall implement this Decree.-
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
APPENDIX I
ROYALTY TARIFF (EXCLUDING CRUDE OIL, NATURAL GAS
AND COAL GAS)
(To the Government's Decree No. 05/2009/ND-CP of January 19, 2009)
No.
Group
or category of natural resource
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(%)
I
METALLIC MINERALS
1
Minerals of ferrous metals
(iron, manganese, titanium, etc.)
7
2
Minerals of non-ferrous
metals:
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2.1
Spread gold ores
9
2.2
Gold nuggets
9
2.3
Rare earths
12
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Platinum, tin, tungsten,
silver and antimony
7
2.5
Lead, zinc, aluminum, bauxite,
copper, nickel, cobalt, molybdenum, mercury, magnesium, vanadium and platinum
7
2.6
Other minerals of non-ferrous
metals
7
II
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1
Non-metallic minerals used as
ordinary construction materials:
1.1
Soil exploited for ground
leveling and embankment
3
1.2
Other non-metallic minerals
used as ordinary construction materials (rock, sand, gravel, soil for
brick-making, etc.)
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2
Non-metallic minerals used as
high-grade construction materials (granite, dolomite, fireclay, quartzite,
etc.)
7
3
Non-metallic minerals used in
industrial production (pyrite, phosphorite, kaolin, mica, technical
quartz, limestone, cement, and sand for glass-making, etc.)
7
Particularly: apatite and
serpentine
3
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Coal:
4.1
Pit anthracite coal
4
4.2
Open-cast anthracite coal
6
4.3
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6
4.4
Other coals
4
5
Gemstones:
5.1
Diamond, ruby, sapphire,
emerald, alexandrite and black precious opal
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5.2
Adrite, rodolite,
pyrope,
berine,
spinel,
topaz, crystalline quartz (bluish-purple, greenish-yellow or orange), chrysolite,
precious opal (white or scarlet), feldspar, birusa and nephrite
12
5.3
Other gemstones
10
6
Other non-metallic minerals
4
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NATURAL FOREST PRODUCTS
1
Log timber of all kinds:
1.1
Group I
40
1.2
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35
1.3
Groups III and IV
30
1.4
Groups V, VI, VII and VIII
25^
2
Pit props
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3
Wood used as raw materials for
paper production (snowbell, pine, etc.)
20
4
Wood used as masts or bottom
stakes
20
5
Impregnated wood, mangrove
wood and cajuput wood
20
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Tree branches and tops
15
7
Firewood
5
8
Bamboo of all kinds
10
9
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9.1
Sandalwood, calambac
25
9.2
Anise, cinnamon, cardamom and liquorice
10
9.3
Other materia medica
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10
Other natural forest products:
10.1
Forest birds and animals
(those allowed to be exploited)
20
10.2
Other natural forest products
5
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NATURAL AQUATIC RESOURCES
1
Pearl, abalone and
sea-cucumber
10
2
Shrimp, fish, cuttlefish and
other aquatic resources
2
V
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1
Natural mineral water;
purified natural water, bottled or canned
8
2
Natural water used for
hydropower generation
2
3
Natural water exploited for
production branches (other those specified at Points 1 and 2):
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3.1
Used as main or auxiliary
materials to constitute material elements in manufactured products
3
3.2
Used for production
(industrial sanitation, cooling, steaming, etc.)
a
Use of surface water
1
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Use of ground water
2
3.3
Natural water used for clean
water production or for agriculture, forestry, fishery and salt making, and
natural water exploited from dug or bored wells for daily-life needs
0
- Use of ground water for
clean water production
0.5
4
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4.1.
For services:
a
Use of surface water
3
b
Use of ground water
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4.2
For industrial production,
construction and mining:
a
Use of surface water
3
b
Use of ground water
4
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For other purposes:
a
Use of surface water
0
b
Use of ground water
0.5
VI
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10
1
Swallow's nests
20
2
Other natural resources
10
APPENDIX II
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No.
Output
Projects
eligible for investment promotion (%)
Other
projects (%)
I
FOR CRUDE OIL
1
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6
8
2
Between over 20.000 and 50,000
barrels/day
8
10
3
Between over 50,000 and 75,000
barrels/day
10
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4
Between over 75,000 and
100,000 barrels/day
12
17
5
Between over 100,000 and
150,000 barrels/day
17
22
6
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22
27
II
FOR NATURAL GAS AND COAL
GAS
1
Up to 5 million m3/day
0
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2
Between over 5 million and 10
million m3/day
3
5
3
Over 10 million m3/day
6
10