THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 68/1998/ND-CP
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Hanoi, September 03,
1998
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DECREE
DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON NATURAL
RESOURCE TAX (AMENDED)
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on Natural Resource Tax (amended)
No.05/1998/PL-UBTVQH10 of April 16, 1998;
At the proposal of the Minister of Finance,
DECREES:
Chapter I
NATURAL RESOURCE TAX
PAYERS AND OBJECTS
Article 1.- All
organizations and individuals of all economic sectors, including: State
enterprises; joint stock companies; limited liability companies; cooperatives;
cooperation groups; private enterprises, production and/or business private
households; foreign-invested enterprises or foreign parties to business
cooperation contracts under the Law on Foreign Investment in Vietnam; and other
organizations and/or individuals that exploit natural resources in all forms
shall have to pay natural resource tax as prescribed in Article 1 of the
Ordinance on Natural Resource Tax (amended), except for those defined in
Article 3 of this Decree.
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1. Metallic minerals;
2. Non-metallic minerals, including minerals
used as common construction materials and earth exploited for ground-leveling,
fill-up and/or building of projects, as raw materials or for other purposes;
mineral water and natural thermal water as specified in the Law on Minerals;
3. Petroleum: being crude oil as specified in
Clause 2, Article 3 of the Petroleum Law;
4. Gas: being natural gas as specified in Clause
3, Article 3 of the Petroleum Law;
5. Natural forest products: including plants and
animals of various species and other products of natural forests;
6. Natural aquatic products: including natural
animals and plants of various species in seas, rivers, streams, lakes,...;
7. Natural water, including: terrestrial water,
underground water, except for mineral water and natural thermal water already
specified in Point 2 of this Article.
8. Other kinds of natural resources.
Article 3.- In cases
where the Vietnamese parties in joint ventures with foreign parties under the
Law on Foreign Investment in Vietnam make their legal capital contributions
with natural resources, the concerned joint venture enterprises shall not have
to pay the natural resource tax on the volumes of natural resources used as
legal capital contributed thereto by the Vietnamese parties.
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Chapter II
TAX CALCULATION BASES
AND NATURAL RESOURCE TAX INDEX
Article 5.- The bases
for calculating natural resource tax are the actually exploited output of
commercial natural resources, the tax calculation price and the tax rate.
Article 6.- The actually
exploited output of commercial natural resources is the quantity, weight or
volume of natural resources actually exploited in a taxation period, regardless
of the purpose(s) of the exploitation of natural resources.
Article 7.-
1. The natural resource
tax calculation price is the selling price of a natural resource product unit
at the place of natural resource exploitation.
2. For natural resource of which the selling
price has not been set yet, i.e. those exploited for further processing or
those containing different compounds, the natural resource tax calculation
price shall be determined on one of the following bases:
- The selling price of the kind of exploited
natural resource of equivalent value.
- The selling price of the substance in primary
form and the content of such substance in the exploited natural resource; or
the prices of the substances in primary form and the content of each substance
in the natural resource.
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3. For natural water used for hydroelectric
power generation, the natural resource tax calculation price is the selling
price of commercial electricity; for timber: the selling price at yard 2.
4. For petroleum and gas, the tax calculation
prices are specified in Article 47 of Decree No.84/CP of December 17, 1996 of
the Government detailing the implementation of the Petroleum Law.
The Ministry of Finance shall provide and guide
the method of calculating the natural resource tax calculation prices
stipulated in this Article.
The provincial/municipal People's Committees
shall specify the specific tax calculation price for each kind of natural resource
under the Ministry of Finance's guidance.
Article 8.- The natural
resource tax index is issued together with this Decree.
Basing itself on the value of each kind of
natural resource, the exploitation conditions and the requirement of management
over each kind of natural resource in each period, the Ministry of Finance
shall assume the prime responsibility and coordinate with the concerned
ministries and branches in readjusting the tax rates in the natural resource
tax index issued together with this Decree to make them compatible with the tax
rate bracket prescribed in Article 6 of the Ordinance on Natural Resource Tax
(amended).
Chapter III
NATURAL RESOURCE TAX
DECLARATION, REGISTRATION AND PAYMENT
Article 9.-
Organizations and individuals that conduct the exploitation of natural
resources shall have to comply with all regulations on declaration,
registration and payment of natural resource tax prescribed in Article 7 of the
Ordinance on Natural Resource Tax (amended).
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Article 10.-
Organizations and individuals that conduct the exploitation of natural
resources shall have to strictly comply with the regimes of accounting books and
vouchers for goods purchase and/or sale and money collection in strict
accordance with the current regulations.
Article 11.- The tax authorities at all levels shall have to properly
perform their tasks and exercise their powers as stipulated in Articles 8, 9,
12 and 16 of the Ordinance on Natural Resource Tax (amended).
Chapter IV
NATURAL RESOURCE TAX
EXEMPTION OR REDUCTION
Article 12.- The
natural resource tax shall be exempted or reduced in the following cases:
1. Investment projects eligible for investment
preferences provided for by the Law on Domestic Investment Promotion and the
Government's documents detailing the implementation of the Law on Domestic
Investment Promotion, which involve the exploitation of mineral resources
(except for oil and gas) shall enjoy a maximum of 50 % reduction of natural
resource tax for the first three years from the date of starting the
exploitation. For projects of this type which have already started their
exploitation activities, the tax reduction shall be considered for the
remaining duration starting from the effective date of the Ordinance on Natural
Resource Tax (amended).
2. Natural resource-exploiting organizations
and/or individuals that, due to natural calamities, sabotages or unexpected
accidents, suffer from losses of their natural resources which have already
been declared and taxed, shall be considered for the exemption from the payable
amount of natural resource tax on the lost volume of natural resources. In
cases where they have already paid natural resource tax, the paid tax amount
shall be reimbursed or deducted from the payable natural resource tax amount of
the following taxation period if it is so agreed upon by the tax paying
organizations and/or individuals.
3. Organizations and/or individuals engaged in
the offshore exploitation of aquatic resources with large-capacity means shall
be exempt from natural resource tax for the first five years from the date the
exploitation licenses are granted and enjoy the 50% natural resource tax
reduction for five subsequent years.
The Ministry of Aquatic Resources shall consider
and grant separate licenses to organizations and/or individuals, that conduct
offshore exploitation of aquatic resources.
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In cases where organizations and/or individuals
engaged in the offshore exploitation of aquatic resources still suffer from
losses even after the above-said tax exemption and/or reduction duration, they
shall be considered for natural resource tax reduction corresponding to the
amount of annual loss for not more than 5 subsequent years in a row.
For organizations and/or individuals that had
conducted offshore exploitation of aquatic resources before the effective date
of the Ordinance on Natural Resource Tax (amended), the tax exemption or
reduction duration shall be calculated from the effective date of such
Ordinance and in full length as prescribed above.
4. Natural resource tax exemption shall apply to
such natural forest products exploited by licensed individuals as timber, tree
branches, firewood, bamboo of different species in service of daily life; all
cases of deliberate exploitation and/or wanton destruction of forests shall be
dealt with according to the current laws.
The Ministry of Finance and the Ministry of
Agriculture and Rural Development shall guide the appropriate management
measures to ensure that tax exemption is given to right subjects, encourage the
afforestation and forest protection and prevent acts of wanton exploitation or
destruction of natural forests.
5. Natural resource tax shall be exempted for
natural water used for the generation of hydroelectric power, which is not
transmitted into the national power grid.
6. Organizations and/or individuals that exploit
earth for the following purposes shall be exempt from the natural resource tax:
- Ground-leveling and/or fill-up for the
construction of security and defense projects;
- Ground-leveling and/or fill-up for the construction
of dikes, irrigation works in service of agriculture, forestry and fishery;
- Ground-leveling and/or fill-up for the
construction of projects of humanitarian or charity significance or projects as
token of gratitude towards persons with meritorious services to the revolution;
earth exploited from the allocated or leased land area and used on the spot;
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- Ground-leveling and/or fill-up for the
construction of key national projects under the Government's decisions on
case-by-case basis.
The Ministry of Finance shall stipulate the
procedures, order and competence to consider the tax exemption and/or reduction
as provided for in this Article.
Chapter V
HANDLING OF VIOLATIONS
AND COMMENDATION
Article 13.-
Organizations and individuals that commit the natural resource tax-related
violations shall be dealt with according to Articles 11 and 13 of the Ordinance
on Natural Resource Tax (amended).
Article 14.- Tax
authorities and/or tax officers that well fulfill their assigned tasks; other
organizations and/or individuals that record good achievements in the
implementation of the Ordinance on the Natural Resource Tax, and tax payers
that well fulfill the tax payment obligation shall be commended and/or rewarded
according to the Government's regulations.
Chapter VI
IMPLEMENTATION
ORGANIZATION
Article 15.- This
Decree takes effect 15 days after its signing. The previous stipulations on
natural resource tax which are contrary to this Decree are now annulled.
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Article 16.- The
Minister of Finance shall guide the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People's Committees of the provinces and cities
directly under the Central Government shall have to implement this Decree.
THE GOVERNMENT
Nguyen Tan Dung
THE
NATURAL RESOURCE TAX INDEX
DETAILING THE
IMPLEMENTATION OF THE ORDINANCE ON NATURAL RESOURCE TAX (AMENDED)
(Issued together with Decree No.68/1998/ND-CP of the Government of September
3, 1998)
No.
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Tax rate (%)
I
Metallic minerals
1
Minerals of ferrous metals (iron, manganese,
titanium, etc.)
2
2
Minerals of non-ferrous metals:
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- Mineral sand gold
2
- Gold nuggets
3
- Rare earths
4
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- Platinum, tin, tungsten, silver, antimony
5
- Lead, zinc, aluminum, bauxite, copper, nickel, cobalt,
molybdenum, mercury, magnesium, vanadium, platinum.
3
- Minerals of other non-ferrous metals
2
II
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1
Non-metallic minerals used as common construction
materials:
- Earth exploited for ground-leveling, fill-up or
building of projects
1
- Non-metallic minerals used as other common
construction materials (stone, sand, gravel, earth for brick-making,...)
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2
Non-metallic minerals used as high-quality
construction materials (granite, donomite, fire clay, quartzite,...)
3
3
Non-metallic minerals used in industrial production (pyrite,
apatite, phosphorite, kaolin, mica, technical quartz, stone for lime and
cement manufacture, sand for glass manufacture...)
4
4
Coal:
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- Pit anthracite coal
1
- Open-cast anthracite coal
2
- Lignite, fat coal
3
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2
5
Gems:
a) Diamond, ruby, sapphire, emerald, alexandrite,
precious black opal
8
b) Adrite, rodolite, pyrope, berine, spinel, topaz,
crystalline quartz (in bluish-purple, greenish-yellow or orange), chrysolite,
precious pal (in white or scarlet), feldspar, birusa, nephrite
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c) Other gems
3
6
Other non-metallic minerals
2
III
Petroleum (1)
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Gas (2)
V
Natural forest products
1
Log timber of various kinds:
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40
- Group II
35
- Groups III and IV
25
- Groups V, VI, VII and VIII
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2
Pit props
15
3
Wood used as raw materials for paper production (Bo
tree, pine..)
20
4
Wood used as masts, bottom stakes
20
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Impregnated wood, mangrove wood
25
6
Tree branches and tops, firewood
5
7
Bamboo of all species
10
8
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- Sandalwood, codonopsis and aloes
25
- Anise, cinnamon, cardamom, liquorice
10
- Other pharmaceutical materials
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9
Other natural forest products
- Forest birds and animals (those allowed to be
exploited)
20
- Other natural forest products
5
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Natural aquatic resources
- Pearl, abalone, sea-slug
10
- Shrimp, fish, cuttlefish and other aquatic
resources
2
VII
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1
Natural mineral water; purified natural water,
bottled or canned
4
2
Natural water used for hydroelectric power
generation
2
3
Natural water exploited in service of production
sectors (other than those specified in Points 1 and 2):
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a) Used as main or auxiliary raw materials to create
material content of products
3
b) Used in common service of production (industrial
hygiene, cooling, steaming, ...)
1
c) Natural water used for production of clean water,
in service of agriculture, forestry, fishery or salt production, and natural
water exploited from dug wells and drilled wells in service of daily life
0
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Natural water exploited for purposes other than
those stipulated in Points 1, 2 and 3
0
VIII
Other natural resources
- Swallow's nests
20
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10
(1) (2): Tax rates for petroleum and gas shall
be applied according to the Petroleum Law and Decree No.84-CP of February 17,
1996 of the Government detailing the implementation of the Petroleum Law.-