THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
115/2005/TT-BTC
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Hanoi,
December 15, 2005
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No.
156/2005/ND-CP OF DECEMBER 16, 2005, WHICH AMENDS AND SUPPLEMENTS THE DECREES
DETAILING THE IMPLEMENTATION OF THE SPECIAL CONSUMPTION TAX LAW AND THE VALUE
ADDED TAX LAW
Pursuant to the Special Consumption
Tax (SCT) Law and the Value Added Tax (VAT) Law;
Pursuant to November 29, 2005 Law No. 57/2005/QH11 Amending and Supplementing a
Number of Articles of the SCT Law and the VAT Law;
Pursuant to the Government’s Decree No. 156/2005/ND-CP of December 15, 2005,
amending and supplementing the Decrees which detail the implementation of the
SCT Law and the VAT Law;
Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining
the functions, tasks, powers and organization structure of the Ministry of
Finance,
The Ministry of Finance hereby provides the following implementation guidance:
Part A:
REGARDING SCT
I. Part B of the Finance
Ministry’s Circular No. 119/2003/TT-BTC of December 12, 2003, and Points 2 and
3 of Circular No. 18/2005/TT-BTC of March 8, 2005, on SCT bases and SCT rates,
are replaced with the following new Point B:
“B. Tax bases and tax rates:
SCT bases include tax
calculation price of taxable goods or service and tax rate.
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I. SCT
CALCULATION PRICES:
SCT calculation prices of goods
or services are specified as follows:
1. For home-made goods: the SCT
calculation price shall be the sale price, exclusive of VAT and SCT, set by
production establishments, and specified as follows:
VAT-exclusive sale price
SCT calculation price
= ————————————
1 + SCT rate
VAT-exclusive sale prices shall
be determined according to the provisions of the VAT Law.
Where establishments producing
SCT-liable goods sell goods via their branches, outlets or dependent units, the
price serving as a basis for SCT calculation shall be the VAT-exclusive sale
price set by such branches, outlets or dependent units. For production
establishments that sell goods via sale agents which sell goods at the fixed
price for commissions, the price serving as a basis for determination of the
SCT calculation price shall be the VAT-exclusive sale price fixed by such
production establishments without subtraction of commissions.
- For canned beers, the SCT
calculation price shall be determined as follows:
SCT
VAT-exclusive sale price - Value of can
calculation
= ——————————————————
price
1 + SCT rate
Of which the value of can shall
be set at VND 3,800 per one liter of canned beer.
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SCT
calculation
VND 16,000 - VND 3,800
price of 1
liter =
——————————————
of canned
beer
1 + 75%
VND 12,200
= ——————
= VND 6,971
1.75
- For SCT-liable goods which are
sold via commercial business establishments, the price serving as a basis for
SCT calculation shall be the VAT-exclusive sale price set by production
establishments, which, however, must not be 10% lower than the average sale
price set by commercial business establishments.
Where the sale price set by
production establishments is lower by over 10% than the sale price set by
commercial business establishments, the SCT calculation price shall be the
prices set by tax office under the provisions of Point 8e, Part D of the
Finance Ministry’s Circular No. 119/2003/TT-BTC of December 12, 2003.
2. For imported goods: The SCT
calculation price of SCT-liable imported goods shall be determined as follows:
SCT calculation price = Import
tax calculation price + Import tax
The import tax calculation price
shall be determined according to the provisions of the Law on Import Tax and
Export Tax. Where imported goods are eligible for import tax exemption or
reduction, the import tax to be included in the SCT calculation price shall be
the import tax amount left to be paid.
For import canned beers, the SCT
calculation price shall exclude the value of can set at VND 3,800 per liter of
beer.
The SCT calculation price of one
liter of imported canned beer is as follows:
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3. For bottled liquors or beers,
the value of bottle must not be excluded when SCT thereon is calculated.
4. For processed goods: The SCT
calculation price shall be the VAT-exclusive and SCT-exclusive sale price set
by processee-establishments and specified as follows:
SCT
VAT-exclusive sale price
calculation
set by processee-establishment
price of
= ————————————————
processed
1 +SCT rate
goods
5. For goods sold by installment
payment: The SCT calculation price shall be the VAT-exclusive and SCT-exclusive
sale price of goods sold by lump-sum payment, excluding installment interests).
6. The tax calculation price of
SCT-liable services shall be the service provision price exclusive of VAT and
SCT, set by business establishments, and determined as follows:
SCT
VAT-exclusive service price
calculation
= ———————————————
price
1 + SCT rate
For example: VAT-exclusive
turnover earned in a period by an establishment from dancing hall business is
VND 30,000,000.
SCT
VND 30,000,000
calculation
= ——————————
price
1 + 30%
= VND 23,076,923
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- For dancing hall business, it
shall be the VAT-exclusive prices of business activities at dancing halls;
- For massage services, it shall
be the VAT-exclusive turnover from massage services, including steam bath and
sauna services.
- For golf business, it shall be
the actual VAT-exclusive turnover from the sale of membership cards and playing
tickets, including playing charges paid by golf club members and deposits (if
any). Where deposits are returned to depositors, the establishment shall be
refunded the paid tax amount by crediting it in the payable tax amount of the
subsequent period; if the establishment cannot have it credited, they shall
have the tax refunded according to regulations. For golf business
establishments that deal in other goods or services not subject to SCT, such
goods or services shall not be subject to SCT.
For example: Hotel,
food-catering, goods sale or game business activities, such goods or services
conducted by golf business establishments shall not be subject to SCT.
- For casino and jackpot games,
it shall be the VAT-exclusive sale turnover, excluding the paid prize money,
namely the money amount (exclusive of VAT) gained from the pre-game exchange
for players at exchange counters, gaming tables or machines, minus the change
returned to players.
- For entertainment with bet
tickets, it shall be the turnover from the sale of bet tickets minus the prizes
paid to winners (exclusive of VAT), excluding the turnover from the sale of
tickets for watching entertainment games.
- For lottery services, it shall
be the lottery ticket price exclusive of VAT.
- The SCT calculation price of
SCT-liable goods or services used for sale promotion, exchange, internal
consumption or donation shall be the SCT calculation price of goods or services
of the same or equivalent kinds at the time such activities are carried out.
The SCT calculation price of
home-made goods or services subject to SCT shall include the amounts (if any)
collected in addition to the sale price of goods or services by the
establishments.
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II. SCT RATES
According to the provisions of
Clause 2, Article 1 of November 29, 2005 Law No. 57/2005/QH11 Amending and
Supplementing a Number of Articles of the SCT Law and the VAT Law, applicable
SCT rates are specified as follows:
SPECIAL CONSUMPTION TARIFF
No.
Goods
and services
Tax
rate (%)
I
Goods
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Cigarettes, cigars
a/ Cigars
65
b/ Cigarettes
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55
- From 2008
65
2
Liquors
a/ Liquors of 40% proof or
higher
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b/ Liquors of between 20% and under
40% proof
30
c/ Liquors of under 20% proof,
fruit wines, medicated liquors
20
3
Beers
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a/ Bottled beer, canned beer
75
b/ Draught beer, fresh beer
- In 2006-2007
30
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40
4
Cars
a/ Cars of 5 seats or under
50
b/ Cars of between 6 and 15
seats
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c/ Cars of between 16 and
under 24 seats (including those designed for passenger and cargo
transportation, and lambrettas of all kinds)
15
5
Gasoline of various kinds,
naphtha, condensate, reformade components, and other components for mixing
gasoline
10
6
Air conditioners of a capacity
of BTU 90,000 or under
15
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Playing cards
40
8
Votive gilt paper, votive
objects
70
II
Services
1
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30
2
Casino, jackpot games
25
3
Entertainment with bet tickets
25
4
Golf business; sale of
membership cards and golf playing tickets
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5
Lottery business
15
The SCT rates shall apply to
SCT-liable goods, regardless of whether they are imported or home-made.
The application of SCT rates to
a number of goods and services in the Tariff is specified as follows:
1. Medicated liquors mean liquid
medicines for human use for the purposes of disease prevention and treatment
and reduction of disease symptoms, which are granted circulation registration
numbers by competent health agencies.
Medicated liquor-producing
establishments must obtain medicated-liquor production permits and certificates
of registration of appellations, trademarks, labels and quality of their
medicated liquor products, issued by health agencies or competent agencies.
Imported medicated liquors must be certified and granted import permits by health
agencies or competent agencies.
If failing to obtain all the
above-said papers, the producing/importing establishments must pay SCT at the
rates set for liquors of corresponding alcoholic strength.
2. SCT-liable votive objects
shall not include those being children toys and those used for decoration.”
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1. To annul the last paragraph at
Point 1b, Section I, Part C of the Finance Ministry’s Circular No.
119/2003/TT-BTC of December 12, 2003, below:
“Cigarette-producing
establishments shall, apart from making trademark registration as mentioned
above, also have to register with tax offices the norms of consumption of
tobacco shreds used for production of each type of cigarettes, clearly stating
the volume of tobacco shreds per product unit and the ratio of the volume of
imported tobacco shreds (if any) to the total volume of tobacco shreds used for
production of products, serving as a basis for determination of SCT rates.”
2. To annul Point 1b, Part E of
the Finance Ministry’s Circular No. 119/2003/TT-BTC of December 12, 2003,
regarding SCT reduction for automobile manufacturing and/or assembling
establishments.
3. To annul the declaration of
liquors consumed in the period, Form No. 06A/TTDB, and the declaration of
bottled beers consumed in the period (of a kind sold together with bottles),
Form No. 06B/TTDB, issued together with the Finance Ministry’s Circular No.
119/2003/TT-BTC of December 12, 2003, the declaration of annual adjustments of
SCT calculation prices of and SCT on bottled liquors and bottled beers, Form
No. 01B/TTDB, issued together with the Finance Ministry’s Circular No. 82/2005/TT-BTC
of September 21, 2005, and the last paragraph of Point 2b, Section II of
Circular No. 82/2005/TT-BTC below:
“At the end of a calendar year,
establishments shall make a declaration of adjustments of SCT calculation
prices of bottled liquors and bottled beers (of a kind sold together with
bottles) according to Form No. 01B/TTDB issued together with this Circular.
Declarations No. 01B/TTDB shall be made for adjusting SCT declarations of
January or February of the subsequent year.”
Part B:
REGARDING VAT
I. Point 1, Section II, Part A
of the Finance Ministry’s Circular No. 120/2003/TT-BTC of December 12, 2003, is
replaced with the following new Point 1:
“1. Products of cultivation
(including products from planted forests) and husbandry; cultured and fished
aquatic and marine products which have not yet processed into other products or
have just been preliminarily processed then sold by producing or fishing
organizations or individuals themselves and at the stage of importation.
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- For cultivation products, they
are products which have just been sun-dried, heat-dried, cleaned or peeled.
- For husbandry products, cultured
or fished aquatic and marine products, they are products which have just been
sun-dried, heat-dried, cleaned or chilled.”
II. Point 2.14, Section II, Part
B of the Finance Ministry’s Circular No. 120/2003/TT-BTC of December 12, 2003,
is amended as follows:
“Preliminarily processed cotton
means cotton which has been peeled, has its seed removed, and has been
classified.”
Part C:
ORGANIZATION OF
IMPLEMENTATION
This Circular takes effect 15 days
after its publication in “CONG BAO.” To annul the provisions contrary to the
guidance in this Circular. The provisions in the Finance Ministry’s Circular
No. 119/2003/TT-BTC of December 12, 2003, Circular No. 18/2005/TT-BTC of March
8, 2005, Circular No. 82/2005/TT-BTC of September 21, 2005, and Circular No.
120/2003/TT-BTC of December 12, 2003, which are not amended, supplemented or
annulled in this Circular, shall still be effective. Any arising difficulties
or problems arising in the course of implementation should be promptly reported
by units, agencies or business establishments to the Finance Ministry for study
and additional guidance.
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