THE
MINISTRY OF FINANCE
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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|
No.
05/2012/TT-BTC
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Hanoi,
January 5, 2012
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 26/2009/ND-CP
OF MARCH 16,2009, DETAILING A NUMBER OF ARTICLES OF THE LAW ON EXCISE TAX, AND
DECREE NO. 113/2011/ND-CP OF DECEMBER 8, 2011, AMENDING AND SUPPLEMENTING A
NUMBER OF ARTICLES OF DECREE NO. 26/ 2009/ND-CP
Pursuant to November 14, 2008
Law No. 27/2008/QH12 on Excise Tax;
Pursuant to November 29, 2006
Law No. 78/2006/QHU on Tax Administration;
Pursuant to the Government's
Decree. No. 26/2009/ND-CP of March 16. 2009. detailing a number of articles of
the Law on Excise Tax, and Decree No. 113/2011/ND-CP of December 8, 2011,
amending and supplementing a number of articles of Decree No. 26/2009/ND-CP of
March 16, 2009;
Pursuant to the. Government's
Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Finance;
The Ministry of Finance,
guides the implementation of the Government's Decree No. 26/2009/ND-CP of March
16, 2009, and Decree No. 113/2011/ND-CP of December 8, 2011, as follows:
Chapter I
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Article 1.
Scope of regulation
This Circular guides the
implementation of the Government's Decree No. 26/2009/ND-CP of March 16, 2009,
detailing a number of articles of the Law on Excise Tax, and Decree No.
113/2011/ND-CP of December 8. 2011, amending and supplementing a number of
articles of Decree No. 26/2009/ND-CP.
Article 2.
Taxable objects
Excise tax-liable objects are
specified in Article 2 of Law No. 27/2008/QH12 on Excise Tax, Article 2 of the
Government's Decree No. 26/2009/ND-CP of March 16,2009, and Clause 1, Article 1
of the Government's Decree No. 113/2011/ND-CP of December 8, 2011.
For excise tax-liable air
conditioners of a capacity of 90,000 BTU or less: In case a producer sells or
an importer imports outdoor units and indoor units separately, the sold or
imported goods (outdoor units and indoor units) are also liable to excise tax
like complete products (air conditioners in complete sets).
Article 3.
Non-taxable objects
The goods specified in Article 2
of this Circular are not liable to excise tax in the following cases:
1. Goods directly exported by
producers or processors or sold or entrusted to other business establishments
for export, including:
1.1. Goods exported abroad
directly by producers or processors, including goods sold to or processed for
export-processing enterprises, except under-24-seat cars sold to
export-processing enterprises.
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- Goods sale contract or
contract on goods processing for a foreign party.
- Invoice on sale of exported
goods or delivery of goods and payment of processing remuneration.
- Export declaration.
- Via-bank payment document.
Via-bank payment means the
transfer of money from the importer's account into a bank account under the
exporter's name in an appropriate form of payment as agreed in the contract
under banking regulations. The payment document is the credit note of the exporter's
bank on the sum of money already received from the importer's bank account. In
case of deferred payment, such must be agreed in the export contract; upon the
payment deadline, the business shall present via-bank payment documents. In
case of entrusted export, the entrusted party shall make via-bank payment to
the foreign parly.
1.2. Within the period during
which import or export duty is not required to be paid under regulations,
producers of excise tax-liable goods that temporarily export these goods for
re-import under licenses are not obliged to pay excise tax when re-importing
these goods but shall pay it when selling them.
1.3. Goods sold by producers or
entrusted to exporters for export under economic contracts.
Producers possessing goods not liable
to excise tax as specified at this Point must have dossiers comprising the
following documents to prove that goods have been actually exported:
- Contract on sale and purchase
of goods for export or export entrustment contract between the producer and the
exporter, for case of entrusted export.
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- Record of liquidation (whole
or partial liquidation) of the contract on sale of goods for export, or record
of liquidation of the export entrustment contract, clearly indicating the
following details:
Name, quantity, category and
selling price of the actually exported goods; mode of payment; sum of money and
serial number and date of the document on via-bank payment for exported goods
by the foreign purchaser to the exporter; sum of money and serial number and
dale of the document of payment between the producer and the exporter or the
entrusted party; serial number and date of the export contract and copy of the
customs declarations of exported goods.
For goods purchased by or
entrusted to exporters for export and not exported but sold domestically,
exporters shall declare and pay excise tax when selling them.
1.4. Goods brought abroad for
sale at overseas fairs or exhibitions.
An establishment possessing
goods which are brought for sale at an overseas fair or exhibition must have:
- Invitation to or written
registration for participation in an overseas fair or exhibition.
- Export declaration, with the
customs office's certification that the goods have been exported.
- List of goods sold at the fair
or exhibition.
- Cash payment documents for
goods sold at the fair or exhibition. In case the value of goods sold in cash
is higher than the prescribed level, such must be declared to the customs office
and a remittance certificate is required according to current regulations.
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2.1. Humanitarian and
non-refundable aid; gifts and donations, including:
a/ Humanitarian and
non-refundable aid, including also goods imported with nonrefundable
assistance funds as approved by competent agencies; goods provided as
humanitarian assistance or emergency relief for remedying consequences of wars,
natural disasters or epidemics;
b/ Gifts of overseas
organizations or individuals for state agencies, political organizations,
socio-political organizations, socio-political-professional organizations,
social organizations, socio-professional organizations or people's armed forces
units;
c/ Donations or gifts for
individuals in Vietnam within law-prescribed quotas.
2.2. Goods transited or
transported through Vietnam's border gates or borders and goods in border-gate
transfer, including:
a/ Goods transported from
countries of exportation to countries of importation through Vietnam's border
gates without going through import and export procedures;
b/ Goods transported from
countries of exportation to countries of importation through Vietnam's border
gates and brought into bonded warehouses without going through import and
export procedures;
c/ Goods transited or
transported through Vietnam's border gates or borders under agreements between
the Vietnamese Government and foreign governments or between agencies and
representatives authorized by the Vietnamese Government and foreign governments;
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2.3. Goods temporarily imported
for re-export and actually re-exported within the time limit during which
import duty payment is not required under the law on import duty and export
duly. In this case, payment of excise tax is not required for the volume of
goods actually re-exported.
Goods temporarily exported for
re-import and actually re-imported within the time limit during which export
duty payment is not required under the law on import duty and export duty. In
this case, payment of excise tax is not required for the volume of goods
actually re-imported.
2.4. Goods temporarily imported
for display at fairs or exhibitions which have actually been re-exported within
the time limit during which import duty payment is not required under
regulations.
After a fair or an exhibition
closes, organizations or individuals that fail to re-export temporarily
imported goods shall declare and pay excise tax. If being detected through
inspection as failing to make declaration, they shall, apart from paying excise
tax, be sanctioned under law.
2.5. Personal effects of foreign
organizations and individuals within diplomatic immunity quotas under the law
on diplomatic immunities.
2.6. Personal effects within
import duty-free luggage quotas of Vietnamese and foreigners upon entry or exit
via Vietnam's border gates.
2.7. Goods imported for
duty-free sale at duty-free shops under law.
3. Goods imported from abroad
into non-tariff areas, goods sold from inland Vietnam into non-tariff areas and
used only in these areas, and goods traded between non-tariff areas, except
under-24-seat cars.
The dossier, order and
competence for deciding on non-collection of excise tax in the cases specified
in Clauses 2 and 3 of this Article are similar to those for deciding on import
duty non-collection or exemption under the law on import duty and export duty.
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4. Aircraft and yachts used for
commercial cargo or passenger transportation or tourism business.
Aircraft or yachts not liable to
excise tax which are used for purposes other than commercial cargo or passenger
transportation or tourism business are liable to excise tax.
Businesses possessing imported
aircraft or yachts used for other purposes as mentioned above shall declare and
pay excise tax to customs offices under the Ministry of Finance's guidance on
customs procedures; customs inspection and supervision; and import duly, export
duty and tax administration of imports and exports.
Businesses possessing
domestically produced aircraft or yachts used for other purposes as mentioned
above shall declare and pay excise tax to their managing tax agencies based on
the residual value of such aircraft or yachts after making depreciation
according to regulations.
5. Cars specified in Clause 4,
Article 3 of the Law on Excise Tax include cars which are designed by
manufacturers to be used as ambulances, prison vans or hearses; radio frequency
inspection and control vehicles; armored vehicle mounted ramp systems; mobile
television trucks; cars designed with both seats and standing places for
transporting 24 or more people; cars operating within recreation, entertainment
and sports centers which neither are registered for circulation nor move on
roads, special-use vehicles and cars which neither are registered for
circulation nor move on roads as guided by the Ministry of Finance in
coordination with related ministries and sectors.
An importer of excise tax-free
cars designed for operating within recreation, entertainment or sports centers
which neither are registered for circulation nor move on roads specified in
Clause 5 of this Article shall:
- Produce to the custom office
at which the import declaration is opened a copy of its business registration
certificate indicating its business in recreation, entertainment or sports
centers (containing the importer's signature and seal).
- Write on the import
declaration: "cars designed and manufactured for operating only within
recreation, entertainment or sports centers which neither are registered for
circulation nor move on roads." The importer shall take responsibility for
the accuracy of its import dossier.
The customs office with which
the importer registers the import declaration shall check the goods and neither
collect excise tax nor issue a declaration of origin of imported cars to the
importer.
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6. Naphtha, condensate,
reformade components and other components used as production raw materials
(except gasoline production) imported directly by production establishments:
Naphtha, condensate, reformade
components and other components directly sold by their producers to other
production establishments for use as production raw materials (except gasoline
production).
Excise tax-free goods specified
in this Clause must comply with the following provisions on their dossiers and
procedures:
a/ In case a producer directly
imports goods, it shall produce to customs offices dossiers according to the
Ministry of Finance's guidance on customs procedures; customs inspection and
supervision; and import duty, export duty and tax administration of imports and
exports (in case of entrusted import, import enmeshment contract is required);
a copy of the business registration certificate (containing the
producer-cum-importer's seal and signature) and a written commitment stating
that naphtha, condensate, refonnade components or other components are imported
for use as production raw materials (except gasoline production), made by the
producer-cum-importer's lawful representative;
In case goods are sold directly
by its domestic producer to another producer for use as production raw materials
(except gasoline production), the following papers are required: the goods sale
and purchase contract; a copy of the goods buyer's business registration
certificate (containing the buyer's signature and seal) and a written
commitment stating that naphtha, condensate, refonnade components and other
components are bought for use as production raw material (except gasoline
production), made by the buyer's lawful representative;
b/ Via-bank payment documents.
If using the excise tax-free
goods specified in Clause 6 of this Article for other purposes,
producers-cum-importers shall declare and pay excise tax at the stage of
importation to customs offices under the Ministry of Finance's guidance on
customs procedures, customs inspection and supervision; and import duty, export
duty and tax administration of imports and exports.
In case naphtha, condensate,
refonnade component and other components are sold directly by their domestic
producers to other establishments for use as production raw materials (except
gasoline production), goods sale invoices must clearly indicate that the goods
are not liable to excise tax.
After buying excise tax-free
naphtha, condensate, refonnade component and other components specified in
Clause 6 of this Article directly from their producers, if selling them in the
domestic market or using them for other purposes, buyers shall declare and pay
excise tax for these goods.
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Example 1: Refining and
Petrochemical Joint-Stock Company A imports condensate for use as raw material
for producing gasoline, fuel oil and some other petrochemical solvents. Company
A shall pay excise tax when importing condensate. The excise tax amount paid by
Company A condensate shall be deducted under Article 8 of this Circular.
Example 2: Refining and
Petrochemical Joint-stock Company B buys condensate from its producer,
Petroleum Company C, for use as raw material for producing gasoline, fuel oil
and some other petrochemical solvents. Company B shall make payment to Company
C at the excise tax-inclusive price. The excise tax amount paid by Company B to
Company C shall be deducted under Article 8 of this Circular.
7. Air conditioners of a
capacity of 90,000 BTU or less which are designed by manufacturers only to be
fitted on means of transport, including cars, train carriages, ships, boats or
aircraft.
In case a business imports,
entrusts the import of, or signs with a domestic contractor a contract on the
supply of a central air-conditioning system of over 90,000 BTU which will be
delivered according to work construction schedule (this air-conditioning system
is imported in many shipments), in order to not be required to calculate and
pay excise tax upon each importation of the imported equipment's components
such as the outdoor or indoor unit, the business shall produce to the customs
office a dossier comprising:
- The original or a copy
containing the importer's seal of the import contract (in case of entrusted
import, the import entrustment contract is required) or the contract on the
sale and purchase of the central air-conditioning system signed with a domestic
construction contractor, clearly stating that such system is a synchronous
equipment of a capacity of over 90,000 BTU which is imported in complete set
under the producer's standards, enclosed with a list of the imported
equipment's components.
- The air-conditioning system's
connection diagram, certified by the importer and the construction contractor
(if any).
- A certificate of inspection of
the capacity and synchronicity of the imported equipment as well as the
inability to operate independently of its detachable parts (outdoor and indoor
units) or groups of detachable parts, issued by a competent inspection agency
according to law.
In case each detachable part is,
or some detachable parts are assembled into, a complete air conditioner of
90,000 BTU or less which can operate independently without connection to the
entire system, each part will be liable to excise tax.
- The business's written
commitment to using the imported goods for the proper purpose and taking
responsibility before law for its commitments.
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Article 4.
Taxpayers
1. Excise taxpayers are
producers and importers of goods and providers of services liable to excise
lax, including:
Business organizations
established and making business registration under the Law on Enterprises, the
Law on State Enterprises (now the Law on Enterprises) or the Law on
Cooperatives.
1.2. Economic organizations of
political organizations, socio-political organizations, social organizations,
socio-professional organizations, politico-socio-professional organizations,
people's armed forces units, non-business organizations or other organizations.
1.3. Foreign-invested
enterprises and foreign parties to business cooperation contracts under the Law
on Foreign Investment in Vietnam (now the Investment Law); foreign
organizations and individuals doing business in Vietnam without establishing
legal entities in Vietnam.
1.4. Individuals, households,
independent business groups and other producers, traders and importers.
2. In case a business purchases
excise tax-liable goods from producers for export and do not export but sell
these goods domestically, this business is taxpayer. When selling these goods,
the business shall declare and fully pay excise tax.
Chapter II
TAX BASES
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The excise tax calculation price
of a goods or service is the goods selling price or the service charge rate,
exclusive of excise tax, environmental protection tax (if any) and value-added
tax, set by the producer or business, specifically as follows:
1. For domestically produced
goods, the taxed price is determined as follows:
Excise
tax calculation price
=
Selling
price exclusive of value-added tax
-
Environmental
protection tax (if any)
1
+ Excise tax rate
Of which, the selling price exclusive
of value-added tax is determined under the law on value-added tax and the
environmental production tax is determined under the law on environmental
protection tax.
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b/ In case an excise tax-liable
goods producer sells goods via traders, the price as a basis for excise tax
calculation is that producer's selling price exclusive of value-added lax and
environmental protection tax (if any), which must not be 10% lower than the average
selling price applied by these traders. Particularly, the average selling price
of cars applied by traders which is used for comparison is the selling price
announced by the manufacturer for a car according to its quality standards,
excluding equipment and accessories which are further installed by traders at
customers' request.
If a producer's selling price is
more than 10% lower than the selling price applied by traders, the taxed price
shall be assessed by tax agencies under the Law on Tax Administration and its
guiding documents.
2. For imports, the taxed price
is determined as follows:
Excise tax calculation price =
Import duty calculation price + Import duty.
The import duty calculation
price is determined under the Law on Import Duty and Export Duty. For imports
eligible for duty exemption or reduction, the taxed price is exclusive of the
exempted or reduced import duty amount.
3. For excise tax-liable goods,
the taxed price is the price exclusive of value-added tax, environmental
protection tax (if any) and excise tax and inclusive of the tare value.
For bottled beer, if a deposit
is made for empty bottles and producers and customers make quarterly
finalization of such deposit, the deposit amount equivalent to the value of
lost empty bottles must be included in excise tax calculation turnover.
Example 3: For canned beer, in
2012, the value-added tax-exclusive selling price of 1 liter of canned beer is
VND 20,000, and the excise tax rate for beer (applicable from January 1, 2010,
through December 31,2012) is 45%, then the excise tax calculation price is
determined as follows:
Excise
tax calculation price of 1 liter of canned beer
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VND
20,000
=
VND
13,793
1
+ 45%
Example 4: In the second quarter
of 2012, the value-added tax-exclusive selling price of one box of Hanoi
bottled beer is VND 120,000, then the excise tax calculation price is
determined as follows:
Excise
tax calculation price of1 box
=
VND
120,000
=
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1+45%
Example 5: In the third quarter
of 2012, Beer Company A sells 1,000 beer bottles to customer B and collects a
total deposit for empty bottles of VND 1,200,000 (VND 1,200/bottle). At the end
of the quarter. Company A and customer B make finalization: the number of
recovered empty bottles is 800 and the number of lost bottles is 200. Based on
the number of recovered bottles. Company A returns to customer B a sum of VND
960,000 and shall include in excise tax calculation turnover the deposit amount
for lost bottles which is VND 240,000 (200 bottles x VND 1,200/bottle).
4. For processed goods, the
taxed price is that of sold goods set by the processing-ordering establishment
or the selling price of products of the same or similar kind at the time of
goods sale, exclusive of value-added lax, environmental protection tax (if
any) and excise tax.
5. For goods produced in the
form of business cooperation between a producer and an user or owner of goods
trademarks (brands) or production technologies, the price as a basis for excise
tax calculation is the selling price exclusive of value-added tax and
environmental protection tax (if any) set by that user or owner. In case an
establishment produces goods under a franchising license and transfers goods to
Vietnam-based branches or representatives of the foreign company concerned for
sale, the excise tax calculation price is the selling price of those branches
or representatives.
6. For goods sold on installment
or deferred payment, the excise tax calculation price is the one-off selling
price of such goods, exclusive of value-added tax, environmental protection tax
(if any), excise tax and the installment or deferred payment interest.
7. For goods and services used
for barter, internal consumption, donation or sales promotion, the taxed price
is that of goods or services of the same or similar kind at the time of barter,
internal consumption, donation or sales promotion.
8. In case an exporter purchases
excise tax-liable goods from producers for export then does not export but
sells them domestically, the taxed price is the selling price exclusive of
excise tax, environmental protection tax (if any) and value-added tax and shall
be determined as follows:
Excise
Tax calculation price
Domestic
sale price set by the exporter exclusive of value-added tax
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Environmental
protection tax (if any)
1
+ Excise tax rate
In case an exporter declares a
selling price (inclusive of value-added tax, environmental protection tax (if
any) and excise tax) which is 10% lower than the market price as a basis for
determining the taxed price, the taxed price shall be assessed by tax agencies
under the Law on Tax Administration and its guiding documents.
9. For services, the taxed price
is the service charge rate, exclusive of value-added tax and excise tax, set by
the service provider, specifically as follows:
Excise
tax calculation price
Service
charge rate exclusive of value-added tax
1
+ Excise tax rate
For some services, the service charge
rate exclusive of value-added tax serving as a basis for determining the taxed
price is specified as follows:
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Example 6: For a golf business
also deals in hotel, catering, goods sale or game business activities not
liable to excise tax, these goods or services are not liable to excise tax.
b/ For casino or prized video
game business, it is turnover from such business minus prizes paid to
customers, i.e., the collected amount of money (exclusive of value-added tax)
from the exchange of money at exchange counters or card tables or slot machines
minus the amount of money exchanged back to customers;
c/ For betting business, it is
sales of betting tickets minus (-) prizes paid to customers (exclusive of
value-added lax), exclusive of sales of entry tickets to entertainment events
associated with betting business;
d/ For dance hall, massage
parlor and karaoke bar business, it is the value-added tax-exclusive turnover
from such business, inclusive of the turnover from catering services and other
associated services (e.g., bath and sauna in massage service establishments).
Example 7: Value-added
tax-exclusive turnover from dance hall business (inclusive of turnover from
catering services) of establishment A in a tax period is VND 100 million.
Excise
tax calculation price
=
VND
100 million
=
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1+40%
e/ For lottery business, it is
sales (exclusive of value-added tax) of tickets of licensed lotteries under
law.
10. Taxed prices of goods and
services specified in Clauses 1 thru 9 of this Article arc inclusive of
additional revenues (if any) collected by production and business
establishments together with goods selling prices or service charges.
Taxed prices arc calculated in
Vietnam dong. In case a taxpayer has foreign-currency turnover, such turnover
must be converted into Vietnam dong at the average inter-bank exchange rate
announced by the State Bank of Vietnam at the time of turnover generation.
For imports, the conversion of
Vietnam dong into a foreign currency used for determining the taxed value
complies with the law on import duty and export duty.
11. In case production and
business establishments fail to comply with or improperly comply with
regulations on invoices and documents, tax agencies shall, based on production
and business realities, assess turnover under the Law on Tax Administration and
determine the payable excise tax amount.
12. The time of determining
excise tax is specified as follows:
- For goods, the time of
turnover generation is the time of transfer of the right to own or use the
goods to the purchaser, regardless of whether or not money has been collected;
- For services, the time of turnover
generation is the time of completing service provision or the time of making a
service provision invoice, regardless of whether or not money has been
collected;
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13. When trading in goods,
providing services and transporting goods, producers and importers of excise
tax-liable goods and providers of excise tax-liable services shall comply with
regulations on accounting, invoices and documents.
When selling or delivering goods
to their branches, dependent establishments or agents, producers shall issue
invoices. In case of selling or delivering goods to branches or shops in the
same province or centrally run city or when consigning goods from one to another
warehouse, producers may use the ex-warchousing-cum-internal transportation
bill enclosed with the internal transfer order.
Producers of excise tax-liable
trademarked goods shall register trademarks under regulations.
Article 6.
Excise tax rates
1. Excise tax rates comply with
Article 7 of Law No. 27/2008/QH 12 on Excise Tax, Article 5 of the Government's
Decree No. 26/2009/ND-CP of March 16, 2009, and Clause 4, Article 1 of the
Government's Decree No. 113/2011/ND- CP of December 8,2011.
2. In case an establishment
produces different kinds of goods or provides different kinds of services
liable to excise tax at different tax rates, it shall declare and pay excise
tax according to the tax rate prescribed for each kind of goods or service. If
the establishment cannot determine tax according to each tax rate, it shall
calculate and pay tax at the highest tax rate applicable to the goods it
produces or the services it provides.
Chapter
III
EXCISE TAX REFUND,
DEDUCTION AND REDUCTION
Article 7.
Tax refund
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1. Goods temporarily imported
for re-export, including:
a/ Imports for which excise tax
has been paid but which are still kept in warehouses or yards at border gates
under customs supervision and will be re-exported abroad;
b/ Imports for which excise tax
has been paid for delivery or sale abroad through Vietnam-based agents; goods
imported for sale to foreign firms' vehicles operating on international routes
via Vietnamese ports or to Vietnamese vehicles operating on international
routes under the Government's regulations;
c/ Goods temporarily imported
for re-export by the mode of temporary import for re-export. When they are
re-exported, the excise tax amount already paid on the volume of actually
re-exported goods will be refunded;
d/ Imports for which excise tax
has been paid but re-exported abroad. When they are exported abroad, the excise
tax amount already paid on the volume of re-exported goods will be refunded;
e/ Goods temporarily imported
for display at fairs, exhibitions or showrooms or for other purposes in a
certain period for which excise tax has been paid. When they are re-exported,
the paid excise tax amount will be refunded.
f/ Imports for which excise tax
has been paid as declared but the volume of actually imported goods is smaller
than declared; imports damaged or lost in the course of importation for
plausible reasons for which excise tax has been paid.
g/ For imports failing to meet
quality or category requirements under contracts or import licenses (at the
fault of foreign goods owners) which have been inspected by competent, testing
agencies and certified by foreign goods owners and are permitted for import,
customs offices shall inspect and re-certify the payable excise tax amount. The
overpaid tax amount, if any, will be refunded, and the insufficient tax amount,
if any, will be added.
In case goods are permitted for
re-export abroad, the excise tax amount already paid on the volume of
re-exported goods will be refunded.
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2. For goods which are raw
materials imported for export production and processing, the excise tax amount
already paid on the volume of raw materials used for producing actually
exported goods will be refunded.
The excise tax refund under
Clauses 1 and 2 of this Article applies only to actually exported goods, and
the procedures, dossiers, order and competence for refunding excise tax on
imports are similar to those for import duty refund under the law on import
duty and export duty.
3. When making tax finalization
upon merger, separation, split-up, dissolution, bankruptcy, ownership
transformation. assignment, sale, contracting or lease of state enterprises,
production and business establishments that have overpaid excise tax amounts
may request tax agencies to refund such amounts.
4. Excise tax will be refunded
in the following cases:
a/ Tax refund under competent
agencies' decisions according to law;
b/ Tax refund under treaties to
which the Socialist Republic of Vietnam is a contracting party;
c/ Tax refund in case the paid
excise tax amount is larger than the payable excise tax amount under
regulations.
The procedures, dossiers, order
and competence for excise tax refund under Clauses 3 and 4 of this Article
comply with the Law on
Tax Administration and its guiding documents.
Article 8.
Tax deduction
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For a taxpayer that concurrently
produces gasoline, oil and petrochemical solvents from excise tax-liable raw
materials, the excise tax amount already paid on imported raw materials or for
raw materials bought from domestic producers may be deducted when determining
the payable excise tax amount. The deductible excise tax amount is equivalent
to the excise tax amount on raw materials used for producing goods sold.
Conditions for excise tax
deduction are specified as follows:
- For cases of importing excise
tax-liable raw materials for producing excise tax-liable goods, documents as a
basis for excise tax deduction arc those on payment of excise tax at the stage
of importation.
- For cases of purchasing raw
materials directly from domestic producers:
+ Goods sale and purchase
contract, clearly indicating that the goods are produced directly by the
seller, copy of the seller's business registration certificate (containing the
seller's signature and seal);
+ Via-bank payment documents;
+ Documents as a basis for
excise tax deduction are value-added invoices issued upon goods purchase. The
excise tax amount already paid by the buyer when buying raw material shall be
determined to be the excise tax calculation price multiplied (x) by the excise
tax rate; of which:
Excise
tax calculation price
=
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1
+ Excise tax rate
The deductible excise tax amount
is equal to the excise tax amount already paid for raw material used for
producing the goods sold.
Excise tax shall be deducted
upon tax declaration. The payable excise tax amount is determined according to
the following formula:
Payable
excise tax amount
=
Excise
tax amount payable for excise tax- liable goods ex-warehoused for sale in the
period
-
Excise
tax amount already paid upon buying raw materials equivalent to the volume of
goods ex-warehoused for sale in the period
Example 8:
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+ Importing 10,000 liters of
liquor and paying an excise tax amount of VND 250 million upon importation
(based on the receipt of excise tax payment at the stage of importation).
+ Ex-warehousing 8,000 liters
for producing 12,000 bottles of liquor.
+ Selling 9,000 bottles of
liquor; the excise tax amount payable for these 9,000 bottles is VND 350
million.
+ The excise tax amount already
paid at the stage of importation of liquid liquor for 9,000 sold bottles of
liquor is VND 150 million.
So, the excise tax amount
payable by establishment A is this period will be:
VND 350 million - VND 150
million = VND 200 million.
In case the excise tax amount
already paid for raw materials equivalent to products sold in the period cannot
yet be accurately determined, the previous period's data may be used to
temporarily calculate the deductible excise tax amount which shall be
re-determined based on the actual data at the end of the quarter or year. In
all cases, the deductible excise tax amount must not exceed the excise tax
amount calculated for raw materials according to techno-economic norms of
products. Producers shall register products' techno-economic norms with their
managing tax agencies.
Article 9.
Tax reduction
Excise tax reduction complies
with Article 9 of Law No. 27/2008/QH12 on Excise Tax.
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Chapter IV
IMPLEMENTATION
PROVISIONS
Article 10.
Effect
1. This Circular takes effect on
the effective date of Decree No. 113/2011/ND-CP (February 1,2012).
2. This Circular replaces the
Ministry of Finance's Circular No. 64/2009/ND-CP of March 27, 2009, detailing
the implementation of Decree No. 26/2009/ND-CP of March 16, 2009, which details
a number of articles of the Law on Excise Tax.
Article 11.
Organization of implementation
1. Tax agencies shall manage
excise tax collection, refund and reduction for businesses.
2. Customs offices shall manage
excise tax collection and refund for imported goods.
3. Any difficulties and problems
arising in the course of implementation should be reported to the Ministry of
Finance for timely settlement.-
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FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan
ANNEX No. 1
(To the Ministry of Finance‘s Circular No.
05/2012/TT-BTC of January 5, 2012, guiding the implementation of the
Government’s No. 26/2009/ND-CP of March 16, 2009, and Decree No. 113/2011/NĐ-CP
of December 08, 2011, amending and supplementing a number of articles of Decree
No. 26/2009/ND-CP of March 16, 2009, detailing a number of articles of the Law
on Excise Tax)
RECONCILIATION MONITORING CARD FOR IMPORTED DETAILS OF IMPORTED
CENTRAL AIR-CONDITIONING SYSTEMS OF OVER 90.000 BTU
Number of sheets …...
Sheet
No. …………...
1.
Enclosed with the list of quantities of imported details of imported
central air-conditioning systems of over 90.000 BTU under
contract No. ... , date … month … year……….
2.
Name of organization/individual:.........................................;
Code .............................
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No.
No., sign, date of
customs declaration
Name of goods,
specifications
Unit of calculation
Goods imported
under customs declaration
Remaining goods not
yet imported
Signature, stamp of
customs officer in charge of statistics, reconciliation
Quant.
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Quant.
Value
1
2
3
4
5
6
7
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9
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Card-issuing
customs officer
(Signature; stamp)
Notes:
-
The items Number of sheets and Sheet No. 1, 2, 3 and 4 are filled in by
the card-issuing customs office. When issuing this card
with many sheets, the customs office shall append its stamp on all sheets.
-
Columns 1 to 9 of the card are filled in by the customs office carrying
out import procedures.
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