THE
NATIONAL ASSEMPLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
05/1998/QH10
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Hanoi,
May 20, 1998
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THE LAW
ON SPECIAL CONSUMPTION TAX
To direct the production and
social consumption, to rationally regulate the consumers' incomes for the State
budget and to enhance the management over production of and trading in a number
of goods and services;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law prescribes the special consumption tax,
Chapter
I
GENERAL PROVISIONS
Article 1.-
Taxable objects:
The following goods and
services shall be subject to the special consumption tax:
1. Goods:
a) Cigarettes, cigars;
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c) Beers;
d) Under-24-seat cars;
e) Gasoline of various kinds,
naphtha, reformate components and other compounds for mixing gasoline;
f) Air conditioners with a
capacity of 90,000 BTU or less;
g) Playing cards;
h) Votive gilt paper, votive
objects.
2. Services:
a) Dancing halls, massage
parlors, karaoke bar;
b) Casinos, jackpot games;
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d) Golf business: sale of
membership cards, golf playing tickets.
Article
2.- Tax payers
Organizations and individuals
(hereafter collectively referred to as establishments) that produce and/or
import goods and provide services, which are subject to the special consumption
tax, shall be special consumption tax payers.
Article
3.- Goods not subject to the special consumption tax
Goods defined in Clause 1,
Article 1 of this Law shall not be subject to the special consumption tax in
the following cases:
1. Goods which are directly
exported, sold or consigned to export business establishments for export by
production or processing establishments;
2. Goods which are imported
in the following cases:
a) Humanitarian aid or
non-refundable aid goods; gifts for State agencies, political organizations,
socio-political organizations, social organizations, socio-professional
organizations, people's armed forces units; belongings of foreign organizations
and/or individuals that enjoy diplomatic immunities; personal effects within
the duty-free luggage limit;
b) Goods which are
transshipped, transited or transported through Vietnam's border;
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d) Goods imported for
duty-free sale under the prescribed regulations.
Article
4.- Obligations and responsibilities for implementing the Law on Special
Consumption Tax
1. Those who are liable to
the special consumption tax shall have obligation to pay tax fully and within
the time limit prescribed by this Law.
2. The tax authorities shall,
within their respective tasks and powers, have to strictly comply with the
provisions of this Law.
3. State agencies, political
organizations, socio-political organizations, social organizations,
socio-professional organizations and people's armed forces units shall, within
their respective functions and powers, have to supervise the observance of this
Law and coordinate with the tax authorities in enforcing this Law.
4. Vietnamese citizens shall
have to help the tax authorities and tax officials to enforce this Law.
Chapter
II
THE TAX CALCULATION
BASES AND TAX RATES
Article
5.- The tax calculation bases
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Article
6.- Tax calculation prices
1. For goods produced in the
country, they shall be the sale prices set by the production establishments at
the production places, not yet including the special consumption tax.
2. For imported goods, they
shall be the import tax calculation price plus (+) the import tax.
3. For processed goods, they
shall be the tax calculation prices of the produced goods of the same or
equivalent types at the time of goods delivery.
4. For services, they shall
be service provision prices, not yet including the special consumption tax.
5. For goods or services used
for purposes of exchange or internal consumption, gift or donation, they shall
be the special consumption tax calculation prices of goods and services of the
same or equivalent type at the time such activities are conducted.
6. For liquors made in the
country, casinos, jackpot games and golf business, the special consumption tax
calculation prices shall be specified by the Government.
The special consumption tax
calculation prices of goods and/or services defined in this Article shall also
include surcharges enjoyed by the establishments.
In cases where the production
and business establishments purchase and sell goods and/or services in foreign
currency(ies), they must convert such foreign currency(ies) into Vietnam Dong
at the exchange rate(s) announced by the State Bank of Vietnam at the time such
turnovers are generated to determine the special consumption tax calculation
prices.
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The special consumption tax
rates for goods and services are specified in the following special consumption
tax table.
THE
SPECIAL CONSUMPTION TAX TABLE
No.
Goods and services
Tax rates (%)
I.
Goods
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Cigarettes, cigars
a) Filter cigarettes
produced mainly from imported raw materials, cigars
65
b) Filter cigarettes produced
mainly from domestic raw materials
45
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25
2.
Liquors
a) Of over 40%
proof.
70
b) Of from 30% to 40%
proof.
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c) Of from 20 % to under 30
% proof.
25
d) Of under 20 % proof,
including fruitwines
20
e) Medicated liquors
15
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Beers
a) Bottled beer, fresh beer
75
b) Canned beer
65
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50
4
Automobiles
a) Cars of 5 seats or less
100
b) Cars of from 6 to 15
seats
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c) Cars of from 16 to under
24 seats
30
5
Gasoline of various kinds,
naphtha, reformate components and other compounds for mixing gasoline
15
6
Air conditioners of a capacity
of 90,000 BTU or less
20
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Playing cards
30
8
Votive gilt paper, votive
objects
60
II
Services
1
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20
2
Casinos, jackpot games
25
3
Horse race and car race bet
tickets
20
4
Golf business: sale of
membership cards, golf playing tickets
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In case of necessity, the
National Assembly Standing Committee shall make amendments and supplements to
the list of goods and services subject to the special consumption tax and/or
the special consumption tax rates, then propose them to the National Assembly
for adoption at its nearest session.
Chapter
III
TAX REGISTRATION,
DECLARATION, PAYMENT AND FINAL SETTLEMENT
Article
8.- Tax registration
An establishment which produces
goods or provides services subject to special consumption tax shall have to
register the tax payment with the tax authority of the locality where it
conducts production or service activities under the regulations on tax
registration and guidance of the tax authority.
The time limit for tax
registration is ten days from the date it is granted the business registration
certificate.
In case of a merger,
amalgamation, division, splitting, dissolution, bankruptcy or change in its
business line or its business operation is terminated, the production or
business establishment shall have to make a declaration thereof with the tax
authority within five days before such change occurs.
Article
9.- Registration for use of trademarks, invoices and vouchers
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2. The purchase and sale of
goods and services as well as the transportation of goods, which are subject to
the special consumption tax, must have invoices and vouchers as prescribed by
law.
Article
10.- Tax declaration
1. An establishment that
produces goods and/or provides services which are subject to the special
consumption tax, shall have to make monthly special consumption tax declaration
and submit it to the concerned tax authority within the first ten days of the
following month. For a production or business establishment with a large
special consumption tax amount, the special consumption tax declaration shall
be made once every five days or every ten days in accordance with the
regulations of the tax authority.
Even if there is no payable
special consumption tax in the month, a production or business establishment
shall still have to make its tax declaration and submit it to the tax
authority.
2. A goods importing
establishment shall have to make a special consumption tax declaration and
submit it upon each importation together with the import tax declaration with
the import tax collecting agency.
3. An establishment that
produces goods items subject to the special consumption tax from raw materials
for which the special consumption tax has already been paid, when making
special consumption tax declaration for the production process, shall be
entitled to deduct the special consumption tax amount already paid for such
materials if it can produce valid vouchers.
4. An establishment that
produces and/or deals in different kinds of goods and/or services, which are
subject to the special consumption tax with different tax rates, shall have to
declare the special consumption tax according to the tax rate applicable to
each kind of goods or service; if such establishment fails to determine payable
tax amount according to each tax rate, it shall have to calculate and pay tax
at the highest rate applicable to a certain kind of goods or service it
produces and/or deals in.
The establishments producing
or importing goods and/or providing services which are subject to the special
consumption tax, shall have to fully declare the tax according to the set form
and take responsibility for the accuracy of their declarations.
The Ministry of Finance shall
set the tax declaration form and guide the declaration.
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The special consumption tax
shall be paid into the State budget according to the following regulations:
1. Establishments producing
goods and/or providing services, which are subject to the special
consumption tax, shall have to pay the special consumption tax into the State
budget at their places of production or business according to the tax payment
notices issued by the tax authorities.
The deadline for tax payment
for a month as stated in a tax notice shall not be later than the 20th of the
following month;
2. Establishments importing
goods subject to the special consumption tax shall have to pay the special
consumption tax upon each importation.
The deadline for issuing a
notice and the deadline for payment of special consumption tax on imported
goods shall be the deadlines for the import tax notice and payment;
3. The special consumption
tax shall be paid into the State budget in Vietnam Dong.
Article
12.- Tax final settlement
Establishments producing
goods and/or providing services, which are subject to the special consumption
tax, shall have to make the annual final settlement of special consumption tax
with the tax authorities. A year of tax final settlement shall be the solar
calendar year. Within 60 days from the end of a year, the establishments shall
have to submit tax final settlement reports to the tax authorities and fully
pay the outstanding tax amounts to the State budget within 10 days from the
date of submitting the final settlement reports; in case of overpayment, such
overpaid amounts shall be deducted from the payable tax amount of the following
period.
In case of a merger,
amalgamation, division, splitting, dissolution, bankruptcy or change in its
business line, an establishment shall have to make the tax final settlement and
submit the report thereon to the tax authority within 45 days from the date of
issuance of the decision on such merger, amalgamation, division, splitting,
dissolution or bankruptcy, and fully pay the outstanding tax amount into the
State budget within ten days from the date of submitting the final settlement
report; in case of overpayment, the overpaid amount shall be deducted from the
payable tax amount of the following period or reimbursed in accordance with
Article 13 of this Law.
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An establishment producing
and/or importing goods subject to the special consumption tax shall have its
paid special consumption tax reimbursed in the following cases where:
1. Goods are temporarily
imported for re-export;
2. Goods are raw materials imported
for the production or processing of export goods;
3. It has an overpaid tax
amount in the tax final settlement upon a merger, amalgamation, division,
splitting, dissolution or bankruptcy;
4. It has a tax reimbursement
decision issued by the competent agency as prescribed by law.
The Ministry of Finance shall
define the procedures and competence for tax reimbursement as prescribed in
this Article.
Article
14.- Duties, powers and responsibilities of the tax authorities
The tax authority shall have
the following duties, powers and responsibilities:
1. To guide the tax payers in
implementing the regulations on tax registration, declaration and payment as
prescribed by this Law;
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3. To examine and inspect the
tax declaration, payment and final settlement by tax payers in order to ensure
the strict observance of law;
4. To handle tax-related
administrative violations and settle complaints about tax;
5. To request the tax payers
to provide accounting books, invoices, vouchers and other records and documents
related to the tax calculation and payment;
6. To keep and use data and
documents provided by the tax payers and other subjects in accordance with the
prescribed regime.
Article
15.- The right to determine tax
1. The tax authority shall
determine the payable special consumption tax amount for a tax payer in the
following cases when the latter:
a) Fails to implement or has
improperly implemented the regulations on accounting, invoices and vouchers;
b) Fails to declare tax or to
submit the tax declaration within the notified time limit; or has submitted the
tax declaration but falsely declared the bases for determining the special
consumption tax amount;
c) Refuses to produce
accounting books, invoices, vouchers and necessary documents relating to the calculation
of special consumption tax;
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2. The tax authority shall
base itself on documents related to investigation of production and business
activities of concerned tax payers or on the payable tax amounts of other
production and business establishments with the same business line and scale,
to determine the payable tax amounts.
Chapter
IV
SPECIAL CONSUMPTION TAX
REDUCTION AND EXEMPTION
Article
16.- Cases eligible to be considered for special consumption tax reduction
or exemption
1. Establishments producing
goods subject to the special consumption tax, which meet difficulties due to
natural calamities, enemy sabotage or unexpected accidents, shall be considered
for tax reduction or exemption.
2. Small beer-making
establishments, which are operating, have fully paid tax according to the
special consumption tax table prescribed in Article 7 of this Law but suffered
from losses, shall be considered for special consumption tax reduction
corresponding to the loss incurred in the tax reduction year(s); the tax
reduction duration shall not exceed five years from the effective date of this
Law.
3. If a domestic
establishment engaged in the automobile assembly and/or manufacture which has
enjoyed a reduction of from 60%-100% of the tax rate in the special consumption
tax table stipulated in Article 7 of this Law in the first five years from the
effective date of this Law continues to suffer from losses, the tax reduction
duration may be extended for one to five more years.
4. A golf business
establishment shall be entitled to a 30% tax rate reduction according to the
special consumption tax table stipulated in Article 7 of this Law for three
years from the effective date of this Law.
The Government shall specify
the tax reduction and exemption prescribed in this Article.
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HANDLING OF VIOLATIONS,
REWARDS
Article
17.- Handling of violations committed by tax payers
A tax payer who violates the Law
on Special Consumption Tax shall be handled as follows:
1. A tax payer who fails to
strictly comply with the regulations on tax registration, declaration, payment
and final settlement, the regime of accounting and keeping of invoices and
vouchers as prescribed in Articles 8, 9, 10, 11 and 12 of this Law shall,
depending on the nature and seriousness of his/her violation, be
administratively sanctioned for tax violations;
2. A tax payer who fails to
pay tax or fine on time as prescribed or as stated in a sanctioning decision
shall, in addition to the full payment of such tax and fine amounts, be subject
to a fine of to 0.1% (one thousandth) of the belated payment amount per late
day;
3. A tax payer who falsely
declares or evades tax shall, in addition to the full tax payment under this
Law, be subject to a fine equal to one to five times of the fraudulent tax
amount, depending on the nature and seriousness of his/her violation. A tax
payer who evades a large amount of tax or repeats a tax violation for which
he/she was administratively sanctioned, or commits another serious violation,
shall be examined for penal liability as prescribed by law;
4. A tax payer who fails to
pay tax or fine according to the notice or the tax sanctioning decision shall
be subject to the following coercive measures:
a) The deduction of his/her
deposit at the bank, credit institution or treasury for the payment of such tax
or fine.
The bank, credit institution
or treasury shall have to deduct an amount of money from the tax payer's
deposit account for payment of tax or fine into the State budget according to
the tax handling decision of the tax authority or the competent State agency
before the collection of debts;
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c) The inventory of his/her
property as prescribed by law so as to ensure the full collection of
outstanding tax or fine.
Article
18.- The competence of the tax authorities to handle tax violations
1. The heads of the tax
authorities that directly manage the tax collection shall be entitled to handle
violations committed by tax payers as defined in Clauses 1, 2 and 3, Article 17
of this Law.
2. The heads of the tax
departments or sub-departments that directly manage the tax collection shall be
entitled to apply handling measures prescribed in Clause 4, Article 17 of this
Law, and forward dossiers to the competent agencies for handling according to
the provisions of criminal law with regard to the violations described in
Clause 3, Article 17 of this Law.
Article
19.- Handling of violations committed by tax officials and other
individuals
1. A tax official or an
individual who abuses his/her position and power to illegally use or
appropriate tax money or fines shall have to return to the State the whole tax
amount or fines he/she has illegally used or appropriated and shall, depending
on the nature and seriousness of his/her violation, be disciplined or examined
for penal liability as prescribed by law.
2. A tax official or an
individual who, due to irresponsibility or mishandling, causes damage to tax
payers, shall have to make compensation in accordance with the provisions of
the civil legislation; and he/she shall, depending on the nature and
seriousness of his/her violation, be disciplined or examined for penal
liability as prescribed by law.
3. A tax official or an
individual who abuses his/her position and power to act in complicity with or
cover up violator(s) of the special consumption tax law or commits other acts
of violating the provisions of this Law shall, depending on the nature and
seriousness of his/her violation, be disciplined or examined for penal
liability as prescribed by law.
4. Those who hinder or incite
other people to hinder the enforcement of the Law on Special Consumption Tax
shall, depending on the nature and seriousness of their violations, be
administratively sanctioned or examined for penal liability as prescribed by
law.
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Tax authorities or tax
officials that well perform their assigned tasks; organizations or individuals
that record achievements in implementing the Law on Special Consumption Tax;
and tax payers who fulfill their tax obligations shall be rewarded.
The Government shall
stipulate in detail the reward.
Chapter
VI
COMPLAINTS, THE
INITIATION OF LAWSUITS AND THE STATUTE OF LIMITATIONS
Article
21.- The rights and responsibilities of tax payers in making complaints
about tax
1. Tax payers shall have the
right to complain about acts of tax officials and tax authorities they deem violating
the Law on Special Consumption Tax.
Complaints shall be lodged to
the tax authority that directly manages the tax collection within 30 days from
the date of receipt of notices or handling decisions of tax officials or tax
authorities.
Pending the settlement of
complaints, the complainants shall still have to strictly comply with the
notices or the decisions of the tax officials or tax authorities.
2. In cases where a
complainant disagrees with a decision of the agency in charge of handling complaints,
or his/her complaints is not settled within the time limit prescribed in
Article 22 of this Law, he/she shall be entitled to lodge complaint to the
immediate higher tax authority or initiate a lawsuit at the court as prescribed
by law.
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1. Within 15 days from the
date of receipt of a tax complaint, a tax authority shall have to settle such
complaint; for complicated cases, such time limit may be extended but must not
exceed 30 days; if the case is beyond its jurisdiction, the tax authority shall
have to forward the dossier or send a report to a competent agency for
settlement and inform the complainant thereof within ten days from the date of
receipt of the complaint.
2. The complaint-receiving
tax authority shall have the right to request complainants to provide dossiers
and documents relating to their complaints; if the complainants refuse to do
so, the tax authority shall be entitled to decline the consideration and
settlement of such complaints.
3. The tax authority shall
have to return to tax payers the amounts of tax or fines improperly collected
within 15 days from the date of receipt of decisions from the superior tax
authority or the competent agency as prescribed by law.
4. Upon the discovery of and
conclusion on a false tax declaration, tax evasion or errors, the tax authority
shall have to collect the tax or fine arrears or reimburse tax payment dating
back 5 years from the date of discovery of false tax declaration, tax evasion
or tax errors. In cases where tax payers fail to register, declare and pay tax,
the duration for collection of tax or fine arrears shall be dated back to the
date such tax payers commenced their operation.
5. The head of a superior tax
authority shall have to settle tax complaints lodged by tax payers against the
subordinate tax authorities.
The Minister of Finance's
decisions on the settlement of tax complaints shall be final.
Chapter
VII
ORGANIZATION OF
IMPLEMENTATION
Article
23.- The Government shall direct the
organization of the implementation of the Law on Special Consumption Tax
throughout the country.
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Article
25.- The People's Committees at all
levels shall, within their respective tasks and powers, direct the
implementation and inspect the observance of the Law on Special Consumption Tax
in their respective localities.
Chapter
VIII
IMPLEMENTATION
PROVISIONS
Article
26.- This Law takes effect from January 1st, 1999.
This Law replaces the Law on
Special Consumption Tax of June 30, 1990, the Law on the Amendments and
Supplements to a Number of Articles of the Law on Special Consumption Tax of
July 5, 1993, and the Law on the Amendments and Supplements to a Number of
Articles of the Law on Special Consumption Tax of October 28, 1995.
To annul the stipulations on
special consumption tax in other legal documents as from the effective date of
this Law.
The settlement of all
remaining problems relating to tax, tax final settlement, tax exemption and
reduction and the handling of special consumption tax violations before January
1st, 1999 shall comply with relevant stipulations of the Law on Special
Consumption Tax, the Laws on the Amendments and Supplements to a Number of
Articles of the Law on Special Consumption Tax and the stipulations on special
consumption tax in other legal documents.
Article
27.- In cases where an international
agreement which the Socialist Republic of Vietnam has signed or acceded to
contains provision(s) different from those of this Law, the special consumption
tax shall be applied in accordance with the provision(s) of such international
agreement.
Article
28.- The Government shall stipulate in detail and guide the implementation
of this Law.
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NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh