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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
27/2008/QH12
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Hanoi,
November 14, 2008
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LAW
ON
EXCISE TAX
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Excise Tax
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Law provides for taxable and
non-taxable objects, and payers, bases, refund, deduction and reduction of
excise tax.
Article 2. Taxable
objects
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a/ Cigarettes, cigars and other
tobacco preparations used for smoking, inhaling, chewing, sniffing or keeping
in mouth;
b/ Liquor;
c/ Beer;
d/ Under-24 seat cars, including
cars for both passenger and cargo transportation with two or more rows of seats
and fixed partitions between passenger holds and cargo holds;
e/ Two- and three-wheeled
motorcycles of a cylinder capacity of over 125 cm3;
f/ Aircraft and yachts;
g/ Gasoline of all kinds,
naphtha, reformade components and other components for mixing gasoline;
h/ Air-conditioners of 90,000
BTU or less;
i/ Playing cards;
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2. Services:
a/ Dance halls:
b/ Massage parlors and karaoke
bars;
c/ Casinos; prize-winning video
games, including jackpot and slot games and games on similar machines;
d/ Betting;
e/ Golf business, including the
sale of membership cards and golf playing tickets;
f/ Lottery business.
Article 3. Non-taxable
objects
Goods specified in Clause 1,
Article 2 of this Law are not subject to excise tax in the following cases:
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2. Imported goods, including:
a/ Goods as humanitarian aid or
non-refundable aid; gifts for state agencies, political organizations,
socio-political organizations, socio-political-professional organizations,
social organizations, socio-profcssional organizations or people’s armed forces
units; and donations or gifts for individuals in Vietnam within the quotas
prescribed by the Government;
b/ Goods transited or
transported via Vietnamese border gates or borders, and goods transported to
and from border gates under the Government’s regulations;
c/ Goods temporarily imported
for re-export and temporarily exported for re-import which are not subject to
import duty or export duty within the time limit specified in the law on import
duty and export duty;
d/ Personal effects of foreign
organizations and individuals within diplomatic immunity quotas; personal
belongings within duty-free luggage quotas; and goods imported for duty-free
sale under law;
3. Aircraft and yachts used for
commercial transportation of cargos, passengers and tourists;
4. Ambulances; prison vans;
hearses; cars designed with both seats and standing places for transporting 24
or more people; cars running in recreation, entertainment and spoils areas
which neither are registered for circulation nor move on roads;
5. Goods imported from abroad
into non-tariff areas, goods sold from the inland into non-tariff areas for use
only in non-tariff areas, and goods traded between non-tariff areas, except
under-24 seat cars.
Article 4. Taxpayers
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Exporters that purchase excise
tax-liable goods from producers for export and do not export but sell them
domestically shall pay excise tax.
Chapter II
TAX BASES
Article 5. Tax bases
Excise tax bases include the
taxed price of a taxable goods or service and the tax rate. The payable excise
tax amount is the excise taxed price multiplied by the excise tax rate.
Article 6. Taxed price
The excise taxed price of a
goods or service is the goods selling price or the service charge, exclusive of
excise tax and value-added tax. Specifically:
1. For domestically produced
goods, it is the selling price set by the producer;
2. For imported goods, it is the
import-duty calculation price plus the import duty. For imported goods eligible
for import duty exemption or reduction, it is exclusive of the exempted or reduced
import duty amount;
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4. For goods sold on installment
or deferred payment, it is the one-off selling price of such goods, exclusive
of the installment or deferred payment interest;
5. For services, it is the
service charge set by the service provider. The service provision in a number
of cases is specified as follows:
a/ For golf business, it is the
selling price of the membership card or golf-playing ticket, inclusive of the
golf playing charge and deposit (if any);
b/ For casino, prize-winning
video game and betting business, it is the turnover from such business minus
the prize already paid to customers;
c/ For dance hall, massage
parlor and karaoke bar business, it is the turnover from such business.
6. For goods and services used
for barter, internal consumption or donation, it is the excise taxed price of
the goods or service of the same or similar kind at the time of barter,
internal consumption or donation.
Excise taxed prices of goods and
services specified in this Article are inclusive of additional charges and
revenues (if any) enjoyed by business establishments.
Taxed prices are calculated in
Vietnam dong. In case taxpayers have foreign-currency turnover,
foreign-currency amounts must be converted into Vietnam (long at the average
exchange rate on the inter-bank foreign currency market, announced by the State
Bank of Vietnam at the time of turnover generation, for determination of taxed
prices.
The Government shall speedy this
Article.
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Excise tax rates for goods and
services are specified in the Excise Tariff below:
No.
Goods or services
Tax
rate (%)
I
Goods
1
Cigarettes, cigars and other
tobacco preparations
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2
Liquor
a/ Of 20° proof or higher
From January 1, 2010, through
December 31, 2012
45
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From January 1, 2013
50
b/ Of under 20° proof
25
3
Beer
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45
From January 1, 2013
50
4
Under-24 seat cars
a/ Passenger cars of 9 seats or fewer,
except those specified at Points 4e, 4f and 4g of this Article
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Of a cylinder capacity of 2,000
cm3 or less
45
Of a cylinder capacity of between over
2,000 cm3 and 3,000 cm3
50
Of a cylinder capacity of over
3,000 cm3
60
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b/ Passenger cars of between 10
seats and under 16 seats, except those specified at Points 4c, 4f and 4g of
this Article
30
c/ Passenger cars of between 16 seats and
under 24 seats, except those specified at Points 4e, 4f and 4g of this Article
15
d/ Cars for both passenger and cargo
transportation, except those specified at Points 4e, 4f and 4g of this
Article
15
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70% of the tax rate for cars
of the same kind as specified at Points 4a, 4b, 4c and 4d of this Article
f/ Cars running on bio-fuel
50% of the tax rate for cars of
the same type as specified at Points 4a, 4b, 4c and 4d of this Article
g/ Electrically-operated cars
Passenger cars of 9 seats or
fewer
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Passenger cars of between 10
seats and under 16 seats
15
Passenger cars of between 16
seats and under 24 seats
10
Cars for both passenger and
cargo transportation
10
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Two- and three-wheeled
motorcycles of a cylinder capacity of over 125 cm3
20
6
Aircraft
30
7
Yachts
30
8
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10
9
Air conditioners of 90.000 BTU
or less
10
10
Playing cards
40
11
Votive gilt papers and votive
objects
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II
Services
1
Dance halls
40
2
Massage parlors and karaoke
bars
30
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Casinos and prize-winning
video games
30
4
Betting
30
5
Golf business
20
6
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15
Chapter III
TAX REFUND, DEDUCTION AND REDUCTION
Article 8. Tax refund and
deduction
1. Excise taxpayers may have the
paid tax amounts refunded in the following cases:
a/ Goods temporarily imported
for re-export:
b/ Goods which are raw materials
imported for export production and processing;
c/ Finalization of overpaid tax
amounts upon merger, consolidation, separation, split-up. dissolution,
bankruptcy, ownership change, enterprise transformation or operation
termination;
d/ Upon issuance of tax refund
decisions by competent agencies under law. and cases of excise tax refund under
treaties to which the Socialist Republic of Vietnam is a contracting party.
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2. Taxpayers that produce excise
taxable goods from raw materials for which excise tax has been paid and that
can produce lawful documents on tax payment may have the tax amounts paid for
raw materials deducted upon the determination of payable excise tax amounts at
the stage of production.
The Government shall specify
this Article.
Article 9. Tax reduction
Taxpayers that produce excise
taxable goods and face difficulties caused by natural disasters or unexpected
accidents are entitled to tax reduction.
The tax reduction level shall be
determined based on the actual extent of damage caused by natural disasters or
unexpected accidents but must neither exceed 30% of the payable tax amount in
the year the damage occurs nor exceed the balance between the value of damaged
assets and the received compensation (if any).
Chapter IV
IMPLEMENTATION PROVISIONS
Article 10. Effect
1. This Law takes effect on
April 1, 2009; the provisions applicable to liquor and beer will take effect on
January 1, 2010.
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Article 11.
Implementation guidance
The Government shall detail and
guide the articles and clauses of this Law as assigned, and guide other
necessary provisions of this Law to meet state management requirements.
This Law was passed on
November 14, 2008, by the XIIth National Assembly of the Socialist
Republic of Vietnam at its 4th session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong