THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 84/1998/ND-CP
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Hanoi, October 12, 1998
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DECREE
DETAILING THE IMPLEMENTATION OF THE LAW ON SPECIAL
CONSUMPTION TAX
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law No. 05/1998/QH10 of May 20, 1998 on Special Consumption
Tax;
At the proposal of the Minister of Finance,
DECREES:
Chapter I
SCOPE OF APPLICATION OF
THE LAW ON SPECIAL CONSUMPTION TAX
Article 1.- Subject to
the special consumption tax are the following goods and services, except for
cases stipulated in Article 3 of this Decree.
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a/ Cigarettes, cigars;
b/ Liquors;
c/ Beers;
d/ Under-24-seat cars;
e/ Gasoline of various kinds, naphtha, reformade
components and other components for mixing gasoline;
f/ Air conditioners with a capacity of 90,000
BTU or less;
g/ Playing cards;
h/ Votive gilt papers, votive objects.
2. Services:
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b/ Casinos, jackpot games;
c/ Horse or car race bet ticket selling;
d/ Golf business: sale of membership cards, golf
playing tickets.
Article 2.- Special
consumption tax payers include organizations and individuals (collectively
referred to as establishments) that produce and/or import goods and/or provide
services, which are subject to the special consumption tax as defined in
Article 1 of this Decree.
Establishments producing goods subject to the
special consumption tax shall only have to pay the special consumption tax
thereon at the production stage.
Establishments importing goods subject to the
special consumption tax shall have to pay the special consumption tax thereon
at the stage of their import;
Establishments providing services subject to the
special consumption tax shall have to pay the special consumption tax on the
services provided for users.
Article 3.- Goods
defined in Clause 1, Article 1 of this Decree shall not be liable to the
special consumption tax in the following cases:
1. Goods which are directly exported to foreign
countries, sold or consigned to export business establishments for export, by
production and/or processing establishments;
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2. Goods imported in the following cases:
a/ The import goods are:
- Humanitarian or non-refundable aids;
- Gifts from foreign organizations and/or individuals
for State agencies, political organizations, socio-political organizations,
social organizations, socio-professional organizations and armed forces units.
Such gifts shall be fixed within the limits prescribed by the Government;
- Belongings of foreign organizations and/or
individuals that enjoy diplomatic immunities, stipulated by the Vietnamese
Government in accordance with the international agreements which Vietnam has
signed or acceded to;
- Personal effects within the import duty-free
luggage limit;
b/ Goods which are transshipped, transited or
transported through Vietnam's border gates in the following forms:
- Goods transported directly from the exporter's
port to the importer's port without arriving at a port of Vietnam;
- Goods transported to Vietnam's port(s) without
filling the procedures for import into Vietnam, then transported directly to
the importer's port.
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- Goods transited and/or transported through the
borders and/or border gates of Vietnam according to the agreements signed
between the Vietnamese Government and the concerned foreign government or
between branches and/or local administrations of the two countries, as
permitted by the Prime Minister;
c/ Goods temporarily imported for re-export or
temporarily exported for re-import during the export-import duty-free period,
as prescribed by the Law on Import and Export Taxes;
d/ Goods imported for duty-free sale to foreign
agencies and foreigners in Vietnam, that are entitled to the diplomatic
immunities and are exempt from import tax under the prescribed regulations;
Goods imported for duty-free sale in duty-free
shops at international airports, seaports, railway stations and border-gates.
Establishments importing goods which are not
subject to special consumption tax under the provisions of Clause 2 of this
Article but used for other purposes shall have to make the special consumption
tax payment declaration within 3 days from the date such import goods are used
for other purposes.
Chapter II
TAX CALCULATION BASES
AND TAX RATES
Article 4.- Bases for
special consumption tax calculation shall be the tax calculation prices of
taxable goods and services and tax rates.
Article 5.- The price
for special consumption tax calculation, defined in Article 6 of the Law on
Special Consumption Tax are specified as follows:
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For bottled liquors, the price for special
consumption tax calculation shall not include the bottle prices.
2. For imported goods, it is the import tax
calculation price plus (+) the import tax. In cases where the imported goods
are entitled to the import tax exemption or reduction, the tax calculation
price shall not include the import tax exemption or reduction amount.
3. For processed goods, it is the tax calculation
price of the product of the same or equivalent type at the same time of goods
delivery. In cases where the price of the product of the same or equivalent
type is not available, the tax agency shall base itself on the market prices to
determine the tax calculation price.
4. For goods sold by the mode of payment in
installments, it is the lump-sum selling price (excluding the installment
interests) of those goods, not yet including the special consumption tax.
5. For services, it is the service provision
price, not yet including the special consumption tax.
The service provision price serving as a basis
for the determination of sans-special consumption tax price for a number of
activities is stipulated as follows:
- For golf business, it is the selling prices of
membership cards and golf playing tickets.
- For casino, jackpot games, horse and car race
bet ticket selling, it is the turnover from such activities, excluding the sum
of prize money already paid to customers.
6. For goods and/or services used for exchange,
internal consumption, gift or donation, it is the special consumption tax
calculation price of the goods and services of the same or equivalent type at
the time such activities are conducted.
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The Ministry of Finance shall provide detailed
guidance for the determination of sans-special consumption tax prices which
shall serve as bases for calculating tax on taxable goods and services in
accordance with the provisions of this Article.
Article 6.- The special
consumption tax rates for goods and services are specified in the following
special consumption tax index:
THE SPECIAL
CONSUMPTION TAX INDEX
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 fruit-wines
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.
Cars
- Of 5 seats or less
100
- Of from 6 to 15 seats
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- Of from 16 to under 24 seats
30
5.
Gasoline of various kinds, naphtha, reformade
components and
other components for mixing gasoline
15
6.
Air conditioners with a capacity of 90,000 BTU or
less
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7.
Playing cards
30
8.
Votive gilt papers, votive objects
60
II.
Services
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Dancing halls, massage parlors, karaoke bars;
20
2.
Casinos, jackpot games
25
3.
Horse or car race bet ticket selling
20
4.
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20
Hereunder are the specific provisions on the
application of the special consumption tax rates to a number of goods and
services:
1. For goods subject to the special consumption
tax, the special consumption tax rates shall apply regardless of whether they
are import goods or home-made goods.
2. Filter cigarettes produced mainly from
imported raw materials are those produced with the imported raw materials
accounting for 51% or more of the total volume of shred tobacco raw materials
used therefor.
3. For medicated liquors, the tax rates shall
apply irrespective of their alcoholic strength. A medicated liquor production
establishment must obtain the medicated liquor production permit as well as the
certificate of registration of the names, trade marks, labels and quality of
its medicated liquor products, issued by the medical agency or the competent
agency. As for the import medicated liquors, they must be examined and
certified by the medical agency or the competent agency. If failing to obtain
all the above-said papers, the establishment shall have to pay the special
consumption tax at the tax rate set for the liquor of the same alcoholic
strength.
4. Automobiles under the heading with tax rate
of 30% shall include: cars of from 16 to under 24 seats, cars designed for the
transportation of both men and goods that correspond to those of from 16 to
under 24 seats and three-wheeled mopeds of different types.
5. For votive objects subject to the special
consumption tax, they shall not include those being children toys and those
used for decoration.
6. For goods items subject to the special
consumption tax under heading "Gasoline of various kinds, naphtha,
reformade components and other components for mixing gasoline", the
Ministry of Finance shall coordinate with the concerned branches to provide
detailed guidance therefor.
Chapter III
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Article 7.-
Establishments which
produce goods and/or provide services, which are liable to the special
consumption tax shall have to register the tax payment with the tax authority
of the locality where they conduct production and/or service activities under
the tax registration regulations and guidance of the tax authority.
The time-limit for tax registration is ten days
from the date an establishment is granted the business registration
certificate.
In case of a merger, amalgamation, division,
splitting, dissolution, bankruptcy or change in its business line or business
suspension, the production and/or business establishment shall have to make a
declaration thereof with the tax authority within 5 days before such change
occurs.
Article 8.-
Establishments which produce goods items subject to the special consumption tax
and use trademarks therefor shall have to register such trademarks with the tax
authority of the locality where they conduct production or business activities
within 5 days from the date such trademarks are used. When changing trademarks,
establishments shall have to notify the tax authority within 5 days from the
date of changing the trademarks.
Article 9.-
Establishments which produce and/or import goods and/or provide services
subject to the special consumption tax shall have to make special consumption
tax declaration according to the following regulations:
1. Establishments producing goods and/or
providing services subject to the special consumption tax shall have to make
monthly special consumption tax declaration when selling the goods and/or providing
services and submit the tax declaration to the tax agency within the first ten
days of the following month. For a production and/or business establishment
with a large payable special consumption tax amount, the special consumption
tax declaration shall be made once every five days or every ten days according
to the regulations of the tax authority.
Even if there is no payable special consumption
tax in the month, a production and/or business establishment shall have to make
its tax declaration and submit it to the tax authority.
2. Establishments importing goods shall have to
make and submit the special consumption tax declaration upon each importation
together with the import tax declaration to the import tax collecting agency.
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4. Establishments that produce and/or deal in
different kinds of goods and/or services 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 services; if they
fail to determine payable tax amount according to each tax rate, they shall
have to calculate and pay tax at the highest rate applicable to a certain kind
of goods or services they produce and/or deal in.
The Ministry of Finance shall set the tax
declaration form and guide the declaration.
Article 10.- The
special consumption tax shall be paid into the State budget according to the
following regulations:
1. Establishments producing goods and/or providing
services subject to the special consumption tax shall have to pay the special
consumption tax to the State budget at their places of production and/or
business according to the tax payment notices issued by the tax authorities.
The deadline for tax payment for a month shall
be stated in the tax notice but not later than the 20th of the following month;
in cases where a production and/or business establishment has to pay a large
amount of special consumption tax, it shall pay the special consumption tax
once every five days or every ten days according to the tax payment notice
issued by the tax authority.
For individuals and/or households producing
goods and/or providing services subject to the special consumption tax, that
are far away from the State Treasury, the tax authorities shall organize tax
collection and remittance into the State budget. The time-limit for the tax
authorities to remit the collected tax amounts into the State budget shall not
exceed 3 days after such tax amounts are collected.
2. Establishments importing goods subject to the
special consumption tax shall have to pay the special consumption tax upon each
importation at the place of tax declaration. The deadline for issuing a notice
and the deadline for payment of the 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. In cases where production and/or
business establishments purchase, sell goods and/or provide services in foreign
currency(ies), they shall have to convert such foreign currency(ies) into
Vietnam dong according to the average exchange rates on the inter-bank market
as announced by the State Bank at the time the turnover is generated for the
determination of the special consumption tax amount to be paid in Vietnam dong.
Article 11.-
Establishments producing goods and/or providing services subject to the special
consumption tax shall have to make final settlement of the special consumption
tax according to the following regulations:
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2. 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 a report
thereon to the tax authority within 45 days after the decision on such merger,
amalgamation, division, splitting, dissolution or bankruptcy is issued, 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 the Law on Special
Consumption Tax and Article 12 of this Decree.
Article 12.-
Establishments producing and/or importing goods subject to the special
consumption tax shall have their paid special consumption tax amounts
reimbursed in the following cases where:
1. The goods are temporarily imported for
re-export;
2. The goods are raw materials imported for the
production or processing of export goods under the goods production and/or
processing contracts with foreign parties;
3. They have an overpaid tax amount in the tax
final settlement upon the merger, amalgamation, division, splitting,
dissolution or bankruptcy;
4. They acquire tax reimbursement decisions
issued by the competent agency as prescribed by law.
Cases mentioned in Clauses 1 and 2 of this
Article shall be entitled to the special consumption tax reimbursement only for
the actually exported goods.
The Ministry of Finance shall specify the
procedures and competence for deciding tax reimbursement as prescribed in this
Article.
Article 13.-
Establishments producing, importing goods and/or providing services subject to
the special consumption tax shall have the responsibility:
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- To strictly abide by the regulations on
accounting, vouchers and invoices when buying, selling and/or transporting
goods, and/or providing services, which are subject to the special consumption
tax, as prescribed by law;
- To fully supply dossiers, materials and data
as well as bases related to the tax calculation, payment, final settlement and
requests for special consumption tax reimbursement to the tax authority.
Article 14.- The tax
authority shall have the following tasks, powers and responsibilities:
1. To guide the tax payers in implementing the
regulations on tax registration, declaration and payment as prescribed by law;
2. To send the tax payers notices on the payable
tax amounts and the tax payment deadlines as prescribed; to issue another
notice on the payable tax amount and fine for late tax payment under Clauses 2
and 3, Article 17 of the Law on Special Consumption Tax if past the deadline
stated in the first notice, a tax payer fails to pay tax; if such tax payer
still fails to fully pay tax and fine for late tax payment stated in the second
notice, the handling measures prescribed in Clause 4, Article 17 of the Law on
Special Consumption Tax shall be applied to guarantee the full collection of tax
and fine; if such tax payer still fails to pay full amount of tax and fine even
after such measures are applied, the dossier of the case shall be transferred
to the competent State agency for handling according to law.
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 tax-related complaints;
5. To request tax payers to supply accounting books,
invoices, vouchers as well as other records and documents related to the tax
calculation and payment;
6. To keep and use data and documents supplied
by tax payers and other subjects in accordance with the regulations.
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1. The tax authority shall be entitled to set
the payable special consumption tax amount for a tax payer in the following
cases where 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 related to the special consumption
tax calculation;
d/ Is found having conducted business without
any business registration.
2. The tax authority shall base itself on documents
related to the investigation of production and business activities of the
concerned tax payers or on the tax amounts to be paid by other production
and/or business establishments with the same business line and scale to
determine the payable tax amounts for cases stipulated in Clause 1 of this
Article.
Chapter IV
SPECIAL CONSUMPTION TAX
REDUCTION AND EXEMPTION
Article 16.- The
special consumption tax reduction and exemption stipulated in Article 16 of the
Law on Special Consumption Tax are detailed as follows:
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2. Small-scale beer-producing establishments
with capacity of 10 million liters/year or less, which have been set up and
operating before January 1st, 1999 and which, after having fully paid tax
according to the tax rates prescribed in the Special Consumption Tax Law, still
suffer from losses, shall be considered for special consumption tax reduction
corresponding to the loss amount. The tax reduction duration shall be annually
calculated according to the calendar year but shall not exceed 5 years from
January 1st, 1999.
3. Automobile assembling and/or manufacturing
establishments shall be entitled to the 95% reduction of the tax rate specified
in the special consumption tax index for the first 5 years, from January 1st,
1999 till the end of December 31st, 2003.
If after five years' enjoying the tax reduction
as mentioned above, an automobile assembly and/or manufacture establishment
still suffers from losses, it shall be considered for further tax reduction for
from 1 to 5 more years. The tax reduction levels shall be specified by the
Government according to the practical situation.
4. A golf business establishment shall be
entitled to the 30% reduction of the tax rate specified in the special
consumption tax index as prescribed in Article 7 of the Law on Special
Consumption Tax for three years after the Law on Special Consumption Tax takes
effect.
5. Other cases of tax exemption or reduction
according to law shall be decided by the Government on a case-by-case basis at
the proposal of the Ministry of Finance.
The Ministry of Finance shall guide the
procedures, order and competence for the consideration of tax reduction and
exemption as prescribed in this Article.
Chapter V
HANDLING OF VIOLATIONS,
COMMENDATION
Article 17.- Tax
payers, tax officials and other individuals who violate the Law on Special
Consumption Tax shall, depending on their acts and the seriousness of their
violations, be sanctioned in accordance with the provisions of Articles 17 and
19 of the Law on Special Consumption Tax. In cases where the concrete levels of
sanctions are not provided for in the Law on Special Consumption Tax, the
levels of sanctions stipulated in other legal documents on the handling of
tax-related administrative violations shall apply.
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Chapter VI
ORGANIZATION OF
IMPLEMENTATION
Article 19.- This
Decree takes effect from January 1st, 1999. To annul Decree No.97/CP of
December 27, 1995 as well as the provisions on the special consumption tax in
other legal documents from the date this Decree takes effect.
The settlement of tax-related problems, tax
final settlement, tax exemption and/or reduction or tax preferences as well as
the handling of special consumption tax-related violations before January 1st,
1999 shall comply with the corresponding provisions of the Law on Special
Consumption Tax, the Law on the Amendments and Supplements to a Number of
Articles of the Law on Special Consumption Tax and the provisions on the
special consumption tax in legal documents that are still effective at that
time.
Article 20.- In cases
where an international agreement which the Socialist Republic of Vietnam has
signed or acceded to contains provision(s) different from those of the Law on
Special Consumption Tax, the special consumption tax shall be applied in
accordance with the provision(s) of such international agreement.
Article 21.- The
special consumption tax collection is stipulated as follows:
1. The General Department of Taxation shall have
to organize the special consumption tax collection from establishments which
produce goods and/or provide services subject to the special consumption tax.
2. The General Department of Customs shall have
to organize the special consumption tax collection from establishments which
import goods subject to the special consumption tax.
3. The General Department of Taxation and the
General Department of Customs shall have to coordinate with each other in the
management of the special consumption tax collection nationwide.
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Article 22.- 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, the presidents of the People's Committees of the provinces and
centrally-run cities shall have to implement this Decree.
THE GOVERNMENT
Phan Van Khai