THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No. 71/2014/QH13
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Hanoi, November 26, 2014
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LAW
AMENDMENTS TO TAX LAWS
Pursuant
to Constitution of Socialist Republic of Vietnam;
The National
Assembly promulgates the Law on amendments to The Law on Corporate income tax
No. 14/2008/QH12, some Articles of which are amended in Law No. 32/2013/QH13;
the Law on Personal income tax No. 04/2007/QH12, some Articles of which are
emended in Law No. 26/2012/QH13; the Law on value-added tax No. 13/2008/QH12,
some Articles of which are amended in Law No. 31/2013/QH13; the Law on special
excise duty No. 27/2008/QH12; the Law on Severance tax No. 45/2009/QH12; the
Law on Tax administration No. 78/2006/QH11, some Articles of which are amended
in Law No. 21/2012/QH13; the Law on Export and import tax No. 45/2005/QH11; and
the Law on Customs No. 54/2013/QH13.
Article 1.
Amendments on some Articles of the Law on Corporate income
tax No. 14/2008/QH12, some Articles of which are amended in Law No.
32/2013/QH13.
1. Clause
2 Article 3 is amended as follows:
“2. Other
incomes include: income from transfer of capital, transfer of the right to
capital contribution; income from real estate transfer, transfer of construction
projects, transfer of the right to participate in construction projects,
transfer of the right to mineral exploration, mineral extraction, and mineral
processing; income from the right to enjoyment of property, right to ownership
of property, including income from intellectual property rights defined by law;
income from transfer, lease, liquidation of assets, including valuable papers;
income from deposit interest, loan interest, sale of foreign exchange;
collection of debts that were cancelled; receipts from debts without creditors;
incomes from business operation in previous years that were committed, and
other incomes.
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2. Clause
1 Article 4 is amended as follows:
“1. Income from farming,
breeding, cultivation and processing of agriculture and aquaculture products,
salt production of cooperatives; income of cooperatives engaged in agriculture,
forestry, aquaculture, or salt production in disadvantaged areas or extremely
disadvantaged areas; income of companies from farming, breeding, cultivation
and processing of agriculture and aquaculture products in disadvantaged areas;
income from marine fisheries.”
3. Point
a Clause 1 Article 9 is amended as follows:
“a)
Actual expenditures on business operation of the company; expenditures on vocational
education; expenditures on the company’s national defense and security duties
as prescribed by law;”.
4. Point
m Clause 2 Article 9 is annulled.
5. Point
dd and Point e are added to Clause 1 Article 13 as follows:
“dd)
Income of enterprises from execution of new investment projects in
manufacturing of products on the List of ancillary products given priority and
satisfying one of the following conditions:
-
Ancillary products supporting high-technology defined in the Law on
High-technology;
- Ancillary
products serving the manufacturing of the following industries: textile –
garment; leather - footwear; electronic - IT; automobile manufacturing &
assembling; mechanical engineering, provided they cannot be manufactured in
Vietnam up to January 01, 2015, or can be manufactured in Vietnam and satisfy
technical standards established by EU or the equivalent.
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e) Income
of enterprises from execution of manufacturing projects, except for
manufacturing of products subject to excise tax and mineral extraction, the
capital investment in which is at least 12 thousand billion VND, the
technologies applied are appraised in accordance with the Law on High-technology,
the Law on Science and Technology, and the registered capital is disbursed
within 05 years from the day on which the investment is permitted as prescribed
by investment laws."
6. Point
d Clause 2 Article 13 is amended as follows:
“d) Income from a company from: planting, cultivating,
protecting forests; cultivating, processing agriculture and aquaculture
products in a disadvantaged area; producing forestry products in a
disadvantaged area; producing, propagating, cross-breeding plants and animals;
producing and refining salt, except for the types of salt defined in Clause 1
Article 4 of this Law; investment in preservation of harvested farm produce,
preservation of agriculture products, aquaculture products, and foods;”
7. Clause
3a is added to Clause 1 Article 13 as follows:
“3a. 15%
tax is applied to: income of the company from farming, breeding, processing of
agriculture and aquaculture products in an area other than disadvantaged areas
or extremely disadvantaged areas.”
8. Clause
5 Article 13 is amended as follows:
“5.
Extension of preferential tax period:
a) With
regard to any special project that needs to attract substantial investment and
requires high technologies, the preferential tax period may be extended for up
to 15 years.
b) If a project mentioned in Point e Clause 1 of this
Article satisfy one of the following conditions:
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- More
than 6,000 employees are hired;
- The
project of investment involves economic – technical infrastructure, including:
investment in water plants, power plants, water supply and drainage systems,
bridges, roads, railroad, airports, seaports, river ports, train stations, new
energies, clean energies, energy-saving industry, oil refinery.
The Prime
Minister shall decide the extension of preferential tax period mentioned in
this Point, provided the extension is not longer than 15 years.".
9. Clause
3 Article 2 of the Law No. 32/2013/QH13 is amended as follows:
“3. Any
company having a project of investment eligible for enterprise income tax
incentives according to regulations of law on corporate income tax at the time
when the license for investment or certificate of investment is granted. If
regulations of law on corporate income tax are changed and the company still
satisfies the conditions for concessional tax according to new regulations, it
may choose between preferential tax rates and duration of tax
exemption/reduction prescribed by the old or new regulations for the remaining
period.
At the end of the tax year 2015, if the project of the
company is applying the preferential tax rate of 20% prescribed in Clause 3
Article 13 of the Law on Corporate income tax No. 14/2008/QH12,
which is amended in Law No. 32/2013/QH13, the company may apply 17% tax for the
remaining period from January 01, 2016.”.
Article 2
Amendments to some Articles of the Law on Corporate income
tax, some Articles of which are amended in Law No. 26/2012/QH13.
1. Clause
1 Article 3 is amended as follows:
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a)
Incomes from manufacturing, sale of goods or services;
b) Income
from freelance works of individuals having licenses or practicing certificates
as prescribed by law.
A sole
trader’s income of VND 100 million per year or less is not considered income
from business prescribed in this Clause.”.
2. Point
c Clause 6 Article 3 is amended as follows:
“c)
Prizes won from betting;”
3. Clause
15 and Clause 16 are added to Article 4 as follows:
“15.
Income from salaries, remunerations of Vietnamese crewmembers working for
foreign shipping companies or Vietnamese shipping companies that provide
international transport services.
16. Incomes
from provision of goods/services directly serving offshore fishing earned by
individuals being ship owners, individuals having the right to use ships, and
incomes of crewmembers on ships.”.
4.
Article 10 is amended as follows:
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1. Sole
traders shall pay personal income tax directly on their incomes; tax rates vary
depending on the fields, works of the individuals.
2.
Revenue means the amounts earned from goods sale, goods processing, commission,
payments for service provision during the tax period from manufacturing, sale
of goods/services.
If a sole
trader fails to determine his/her income, the competent tax authority shall
calculate the income in accordance with regulations of law on tax
administration.
3. Tax
rates:
a)
Distribution, supply of goods: 0.5%;
b)
Service provision, construction exclusive of building materials: 2%.
Asset
lease, insurance brokerage, lottery brokerage, multi-level marketing
brokerage: 5%;
c)
Manufacturing, transport, services associated with goods, construction
inclusive of building materials: 1.5%.
d)
Other business activities: 1%.”
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“Article
13. Taxable income from capital transfer
1.
Taxable income from capital transfer equals (=) selling price minus (-) buying
price and other reasonable costs related to the generation of income from
capital transfer.
Taxable income from securities transfer is the price of
each transfer.
2.
Taxable income from capital transfer shall be determined when the transfer is
completed as prescribed by law.
The
government shall elaborate this Article.”.
6.
Article 14 is amended as follows:
“Article
14. Taxable income from real estate transfer
1. Taxable
income from real estate transfer is the price of each transfer.
2. The
government shall decide the principles and methods for determination of real
estate transfer prices.
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7. Clause
2 Article 23 is amended as follows:
“2. Tax
schedule:
Assessable income
Tax rate (%)
a)
Income from capital investment
5
b)
Income from royalties, franchise
5
c)
Income from prize winning
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d)
Income from inheritance, gifts
10
dd)
Income from capital transfer prescribed in Clause 1 of this Law
Income
from securities transfer prescribed in Clause 1 Article 13 of this Law
20
0.1
e)
Income from real estate transfer
2
Article 3
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1. Clause
3a is added to Clause 3 Article 5 as follows:
“3a.
Fertilizers, specialized machinery and equipment serving agricultural production;
offshore fishing vessels; feed for cattle, poultry, and other animals;”.
2. Point
b Clause 2 Article 8 is amended as follows:
“b) Ores
for production of fertilizers; pesticides, and growth stimulants for animals,
plants;".
3. Point
c and Point k Clause 2 Article 8 is annulled.
Article 4. Amendments to the Law on Severance tax No.
45/2009/QH12
1. Clause
7 Article 2 is amended as follows:
“7.
Natural water, including surface water and underground water, except for
natural water used for agriculture, forestry, aquaculture, and salt
production.".
2. Clause
5 Article 9 is amended as follows:
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Article 5
Amendments to some Articles of the Law on Tax
administration No. 78/2006/QH11, some Articles of which are amended in Law No.
21/2012/QH13.
1. Clause
1, Clause 1a, and Clause 6 Article 31 is amended as follows:
“1. Taxes
that must be declared and paid monthly shall be declared using monthly tax
declarations;
1a. Taxes
that must be declared and paid quarterly shall be declared using quarterly tax
declarations;
“6. The
Government shall specify taxes that must be declared monthly, quarterly,
annually, and whenever tax is incurred; criteria for determination of taxpayers
eligible to declare tax monthly, and tax declarations in each case.”.
2.
Article 43 is amended as follows:
“Article
43. Currencies of revenues, expenditures, taxable prices, and taxes
Taxpayers
shall determine their revenues, expenditure, taxable prices, and taxes in
Vietnam dong, except for the cases in which such amounts may be paid in foreign
currencies as prescribed by the Government. If there are revenues, expenditure,
taxable prices in foreign currencies, or amounts payable by the taxpayer in
foreign currencies, but a competent authority permits payment in VND, foreign
currencies shall be exchanged into VND according to the exchange rate at that
time.
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3. Clause
11 is added to Article 7 as follows:
“11.
Depending on the actual conditions and availability of IT equipment, the
Government shall decide whether or not taxpayers have to submit documents
attached to the tax declaration, tax payment documents, application for tax
refund, and other tax documents that regulatory already have.”.
4. Clause
1 Article 106 is amended as follows:
“1. If a
taxpayer pays tax after the deadline, extended deadline, or the deadline
written in the notification or tax decision issued by a tax authority, such
taxpayer shall pay tax in full and a late payment interest at 0.05% per day on
the tax paid behind schedule.
With
regard to any taxpayer that provides products or services and gets paid by
government budget, if such taxpayer fails to pay tax on schedule because no
payments are made by government budget, the taxpayer shall not pay late payment
interest on the outstanding tax, which is incurred before payments are made by
government budget, provided such outstanding tax does not exceed the amount
that is yet to be paid by government budget.”.
Article 6. Implementation
1. This
Law takes effect on January 01, 2015.
2.
Regulations on exchange rates when determining revenues, expenditure, taxable
prices, and taxes in the documents below are annulled:
a)
Article 8 and Clause 3 Article 9 of the Law on Corporate income tax No.
14/2008/QH12, some Article of which are amended in Law No. 32/2013/QH13;
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c) Clause
3 Article 7 of the Law on Value-added tax No. 13/2008/QH12, some Articles of
which are amended in Law No. 31/2013/QH13;
d)
Article 6 of the Law on special excise duty No. 27/2008/QH12;
dd) Clause
3 Article 9 and Article 14 of the Law on Export and import tax No.
45/2005/QH11;
e) Clause
4 Article 86 of the Law on Customs No. 54/2013/QH13.
3. Point
c Clause 1 Article 49 of the Law on Tax administration No. 78/2006/QH11, some
Articles of which are amended in Law No. 21/2012/QH13 is annulled.
4.
Regulations on determination of tax incurred by sole traders in Clause 1
Article 19, Clause 1 Article 20, and Clause 1 Article 21 of the Law on Personal
income tax No. 04/2007/QH12, some Article of which are amended in Law No.
26/2012/QH13, are annulled.
5. The
Government shall elaborate Clauses and Articles mentioned above.
This
Law is passed by the 13th National Assembly of Socialist Republic of
Vietnam on November 26, 2014 during the 8th session.
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PRESIDENT OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung