THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
07/2003/QH11
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Hanoi,
June 17, 2003
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LAW
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF THE VALUE ADDED TAX LAW
(No. 07/2003/QH11 of June 17, 2003)
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly,
the 10th session;
This Law amends and supplements a number of articles of the Value Added Tax
Law of May 10, 1997,
Article 1.- To amend and
supplement a number of articles of the Value Added Tax Law as follows:
1. Article 4 is amended and supplemented as
follows:
"Article 4.- Objects not
liable to value added tax
The following goods and services shall not be
liable to value added tax:
1. Agricultural and husbandry products as well
as cultured and fished aquatic products, which have not yet been processed into
other products or have been just preliminarily processed and sold by
organizations and individuals;
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3. Salt products;
4. Equipment, machinery, transport means used
exclusively in technological chains, and construction supplies which cannot be
produced at home and need to be imported for the formation of enterprises'
fixed assets; equipment, machinery, supplies and transport means which cannot
be produced at home and need to be imported for direct use in scientific research
and technological development activities; aircraft, drilling platforms and
ships hired from foreign countries used in production and trading, which cannot
be produced at home; equipment, machinery, spare parts, special-use transport
means and supplies, which cannot be produced at home and need to be imported
for activities of prospecting and developing oil and gas fields;
5. State-owned dwelling houses sold by the State
to current tenants;
6. Transfer of land use right;
7. Credit services, investment funds,
securities-trading activities;
8. Life insurance, school pupil insurance,
insurance on domestic animals and plants, and other kinds of insurance for
non-business purposes;
9. Healthcare services;
10. Cultural, exhibition as well as physical
training and sport activities for non-business purposes; art performances; film
production; import, distribution and projection of motion pictures and video
documentaries;
11. Educational and vocational training;
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13. Publication, import and distribution of
newspapers, journals, professional bulletins, political books, textbooks,
teaching courses, law books, scientific-technical books, books printed in
ethnic minority languages as well as propagation postcards, pictures and
posters; money printing;
14. Public services in sanitation, water
drainage in streets and population quarters; maintenance of zoos, flower
gardens, parks, street greenery and public lighting; funeral services;
15. Renovation, repair and construction of
cultural, art and public-utility works, infrastructure and "houses of
gratitude" with capital contributed by people and humanitarian aid
capital;
16. Mass transit by buses and trolleys;
17. Geological survey and exploration; surveying
and mapping which are included in the State's basic surveys;
18. Irrigation and drainage in service of
agricultural production; clean water exploited by organizations or individuals
themselves in service of daily life in rural, mountainous, island, deep-lying
and remote areas;
19. Special-use weapons and military equipment
in service of national defense and security;
20. Goods imported in the following cases:
humanitarian aid and non-refundable aid goods; gifts for State agencies,
political organizations, socio-political organizations, social organizations,
socio-professional organizations and/or people's armed force units; presents
and gifts for Vietnamese individuals according to the norms prescribed by the
Government; belongings of foreign organizations and individuals under the
diplomatic immunity norms; and personal effects in duty-free luggage norms.
Goods sold to international organizations and
foreigners for use as humanitarian aid or non-refundable aid to Vietnam;
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22. International transportation; goods and
services directly supplied to international transportation, and re-insurance services
to foreign countries;
23. Technological transfer; computer software;
24. Post, telecommunications and Internet
services universalized under the Government's programs;
25. Gold imported in form of bars or ingots not
yet processed into fine-art articles, jewelry or other products;
26. Export products being unprocessed exploited
mineral resources, which shall be specified by the Government;
27. Products being artificial parts used for
substitution of diseased people's organs; crutches, wheelchairs and other tools
used exclusively for the disabled;
28. Goods and services of business individuals
with low incomes prescribed by the Government.
Goods and services not liable to value added
tax, prescribed in this Article, shall not be entitled to input value added tax
deduction and reimbursement, except for cases entitled to the application of 0%
tax rate as prescribed in Clause 1, Article 8 of this Law."
2. To add Clause 8 to Article 7 as follows:
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3. Article 8 is amended and supplemented as
follows:
"Article 8.- Tax rates
The value added tax rates are prescribed as
follows:
1. The tax rate of 0% shall apply to export
goods and services, including goods and services not liable to export value
added tax, except for cases of international transportation; goods and services
directly supplied to international transportation; re-insurance services to
foreign countries; credit services, financial investment and securities
investment to foreign countries, and export products being unprocessed
exploited mineral resources as prescribed by the Government.
2. The tax rate of 5% shall apply to the
following goods and services:
a/ Clean water in service of production and
daily life, except for cases prescribed in Clause 18, Article 4 of this Law;
b/ Fertilizers, ores for fertilizer production;
insecticides as well as domestic animal and plant growth stimulants;
c/ Medical equipment and instruments; medical
cotton and bandage; curative and preventive medicines; chemical-pharmaceutical
products, and materia medica being raw materials for the production of curative
and preventive medicines;
d/ Teaching and learning aids;
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f/Children toys; assorted books, except for
those prescribed in Clause 13, Article 4 of this Law; magnetic tapes, discs
programmed or not;
g/ Unprocessed agricultural, husbandry, aquatic
and marine products, except for those prescribed in Clause 1, Article 4 of this
Law;
h/ Fresh foodstuff; unprocessed forestry
products, except for timber, bamboo shoots and objects prescribed in Clause 1,
Article 4 of this Law;
i/ Sugar; by-products in sugar production,
including molasses, bagasse, sludge;
j/ Products made of jute, rush, bamboo, leaves;
k/ Cotton preliminarily processed from
home-grown cotton;
l/ Feeds for cattle, poultry and other domestic
animals;
m/ Scientific-technical services;
n/ Services in direct service of agricultural
production;
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p/ Base chemicals; mechanical products being
production means; molds of various types; explosive materials; grinding stones,
newsprint; insecticide sprayers; preliminarily processed rubber latex;
preliminarily processed turpentine; artificial plywood; industrial concrete
products, including concrete bridge girder, concrete house beams and frames,
concrete piles, concrete electric poles, concrete round culvert pipe, concrete
boxes of various types, non-standard prefabricated panels and reinforced
concrete structures, merchandise concrete; tires and sets of tires and inner
tubes of 900-20 size or larger; neutral glass tubes; nets, ropes and fibers for
knitting fishing nets;
q/ Refined, rolled and pulled products of
ferrous metals, non-ferrous metals and precious metals, except for import gold
prescribed in Clause 25, Article 4 of this Law;
r/ Automatic data processors and parts and
accessories thereof;
s/ Maintenance, repair and restoration of
historical-cultural relics and museums, except for cases prescribed in Clause
15, Article 4 of this Law;
t/ Transportation, loading and unloading;
dredging channels, canals, river ports and seaports; salvage and rescue
activities;
u/ Distribution and projection of video films,
except for the distribution and projection of video documentaries prescribed in
Clause 10, Article 4 of this Law.
3. The tax rate of 10% shall apply to the
following goods and services:
a/ Petroleum oil, gas, ores and other mineral
products;
b/ Merchandise electricity;
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d/ Chemicals, cosmetics;
e/ Fibers, fabrics, garment and embroidered products;
f/ Paper and paper products, except for
newsprint prescribed at Point p, Clause 2 of this Article;
g/ Milk, confectionery, beverage and other
processed foodstuffs;
h/ Porcelain, china, glass, rubber and plastic
products; timber and timber products; cement, bricks, tiles and other
construction materials;
i/ Post, telecommunications and Internet
services, except for those universalized under the Government's programs as
prescribed in Clause 24, Article 4 of this Law;
j/ Lease of houses, warehouses, wharves, storing
yards, workshops, machinery, equipment and transport means;
k/ Legal consultancy services;
l/ Photographing, printing and developing films;
cassette tape recording, dubbing and renting; video shooting; reproducing;
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n/ Goods and services liable to special
consumption tax;
o/ Construction and installation;
p/ Gold, silver, gemstone, except for import
gold prescribed in Clause 25, Article 4 of this Law;
q/ Ocean shipping agency;
r/ Brokerage services;
s/ Other goods and services not defined in
Clauses 1 and 2 of this Article."
4. Clauses 1 and 2 of Article 10 are amended and
supplemented as follows:
"1. Business establishments that pay value
added tax by tax deduction method shall be entitled to the deduction of input
value added tax (hereinafter called input tax) as follows:
a/ Input tax imposed on goods and services used
for the production and trading of value added tax-liable goods and services
shall be wholly deducted;
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c/ Any input tax incurred in a month shall be
declared and deducted upon the determination of payable tax amount of such
month; the maximum declaration duration shall be three months, counting from
the time of declaration of tax of the month when the tax arise; for fixed
assets, if the to be-deducted input tax amount is large, it shall be deducted
gradually or tax shall be reimbursed according to the Government's regulations;
d/ Export goods and services entitled to input
tax deduction must be certified by the customs offices as those having been
actually exported, for export goods; must have contracts on selling goods,
processing goods or supplying services to foreign parties; must have invoices
of selling goods and/or services to foreign parties; must be paid via banks,
except for cases of clearing between export goods/services and import
goods/services, debt payment on behalf of the State and a number of special
cases of payment.
The Government shall specify the procedures and
conditions for payment of export goods and services entitled to input tax
deduction;
e/ The input tax deduction in a number of
special cases shall be prescribed by the Government.
2. The amount of value added tax inscribed on
the added value invoices upon the purchase of goods and/or services or vouchers
on payment of value added tax on import goods shall serve as bases for
determining the input tax amount to be deducted; in cases where the goods and
services purchased without the added value invoices or with added value
invoices which are in contravention of law provisions, the business
establishments shall not be entitled to tax deduction."
5. To add Clause 4 to Article 11 as follows:
"4. Business establishments that print,
issue or use invoices in contravention of regulations in order to evade taxes,
commit fraud in tax deduction or reimbursement shall, apart from having the tax
amount retrospectively collected, also be administratively sanctioned or
examined for penal liability according to law provisions."
6. Clause 1 of Article 14 is amended and
supplemented as follows:
"1. Business establishments shall have to
fully remit the value added tax into the State budget strictly according to
regulations. The deadline for monthly tax payment shall be no later than the
25th day of the subsequent month."
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"5. The Government shall specify the
procedures for tax declaration and payment, suitable to the requirements of
administrative procedure reform, raising sense of responsibility of business
establishments before law and at the same time, enhancing the work of
inspecting, examining and handling law violations by tax offices, ensuring the
close and efficient collection of tax."
8. Clause 3 of Article 16 is amended and
supplemented as follows:
"3. Decisions on tax reimbursement issued
by competent agencies as prescribed by law and cases of tax reimbursement under
the international treaties which the Socialist Republic of Vietnam has signed
or acceded to."
9. Clause 2 of Article 17 is amended and
supplemented as follows:
"2. To notify the payable tax amounts to
business establishments as prescribed by the Government, urge the business
establishments to pay tax on time; if, past the tax payment time limit, the
business establishments fail to pay tax, to make notices on the payable tax
amounts and fines for late payment according to the provisions of Clause 2,
Article 19 of this Law; if business establishments still fail to fully pay the
tax amounts and fines as stated in the notices, the handling measures
prescribed in Clause 4, Article 19 of this Law shall apply to ensure the full
collection of tax and fine amounts; if, after the above-said handling measures
have been taken, the business establishments still fail to fully pay tax and
fine amounts, the dossiers thereof shall be transferred to competent State
agencies for handling according to law provisions;"
Article 2.- This Law takes
implementation effect as from January 1, 2004.
Article 3.- The Government
shall detail and guide the implementation of this Law.
This Law was adopted on June 17, 2003 by the
XIth National Assembly of the Socialist Republic of Vietnam at its 3rd session.
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CHAIRMAN OF THE NATIONAL
ASSEMBLY
Nguyen Van An