THE MINISTRY OF FINANCE
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
No. 118/2010/TT-BTC
|
Hanoi, August 10, 2010
|
CIRCULAR
GUIDING FINANCIAL AND TAX REGIMES APPLICABLE TO
TRADERS OF BOTTLED LIQUEFIED PETROLEUM GAS
Pursuant to Enterprise Income Tax Law No, 14/2008/QH12 of June 3, 2008,
and its guiding documents;
Pursuant to Value-Added Tax Law No. 13/ 2008/QH12 of June 3, 2008, and its
guiding documents;
Pursuant to the Tax Administration Law and its guiding documents;
Pursuant to May 10, 2002 Price Ordinance No. 40/2002/PL-UBTVQH and its guiding
documents;
Pursuant to the Government's Decree No. 107/2009/ND-CP of November 26, 2009,
providing liquefied petroleum gas trading;
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 financial and tax regimes applicable to traders
of liquefied petroleum gas cylinders as follows:
Part A
GENERAL PROVISIONS
Article 1. Scope of regulation
This
Circular provides financial and tax regimes applicable to traders of liquefied
petroleum gas cylinders of different types in the market {excluding disposable
liquefied petroleum gas cylinders and in-vehicle auto gas cylinders).
Article 2. Subjects of application
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 3. Interpretation of terms
In
this Circular, the terms below are construed as follows:
1.
Liquefied petroleum gas as defined in Clause 1. Article 3 of the Government's
Decree No. 107/2009/ND-CP of November 26, 2009. is below referred to as LPG
2.
LPG cylinder means a bottle or container with a volume of less than 1.000
liters used to contain liquefied petroleum gas. which meets the standards
specified in Clauses 3 and 4. Article 3 of the Government's Decree No.
107/2009/ND-CP of November 26. 2009.
3.
Bottled LPG trader means an enterprise or dealer, general agent, agent or shop
trading in bottled liquefied petroleum gas;
4.
LPG cylinder trader means an enterprise buying or producing liquefied petroleum
gas cylinders for sale.
Part B
CLASSIFICATION OF LPG CYLINDERS AND
COST ALLOCATION TIME
Article 4. Classification of LPG cylinders
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
LPG
cylinders valued at VND 10 million/piece or higher shall be recorded as fixed
assets. Their depreciation time complies with the Finance Ministry's Circular
No. 203/2009/TT-BTC of October 20, 2009.
Article 5. Cost allocation time for LPG cylinders valued at under VND 10
million/piece
Since
LPG cylinders valued at under VND 10 million/piece is a special tool or device
to be used for over one year, the cost allocation time for them is as follows:
-
To have their cost accounted as reasonable expenses for determining enterprise
income tax-liable incomes, in addition to required invoices and documents. LPG
cylinders must retain their original design and have been inspected for
technical safety by competent agencies with still valid inspection results.
-
For (reusable and refillable) LPG cylinders with a volume of up to 300
ml/piece, their costs shall be allocated once in the fiscal year when they are
put into use.
-
For cylinders with a volume of over 300 ml/piece:
+
For metal (steel) and mixed (steel and composite) LPG cylinders, their costs
shall be allocated between 5 and 10 years.
+
Particularly for non-metal (composite) LPG cylinders with high quality and long
use time, their costs may be allocated for a longer time, but not more than 15
years.
The
allocation of LPG cylinder costs under this Article applies only to owners of
LPG cylinders. Bottled LPG gas traders shall register the cost allocation time
for LPG cylinders with tax agencies directly managing them.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
FINANCIAL AND TAX REGIMES
Article 6. For sale of LPG cylinders
Traders
of bottled LPG and LPG cylinders selling LPG cylinders (both reusable and
disposable) shall account revenues and expenses under the current law on
corporate accounting and declare and pay taxes under the laws on value-added tax
and enterprise income tax.
Sellers
of LPG cylinders shall issue value-added invoices, calculate, declare and pay
value-added tax and account into revenues when determining enterprise income
tax-liable incomes for sold LPG cylinders like other goods.
Article 7. Deposits for LPG cylinders
Deposits
for LPG cylinders under this Circular shall be collected by LPG cylinder owners
from end-users. When such deposits are collected through a distribution network
(comprising general agents, agents and LPG cylinder shops), those agents and
shops shall carry out necessary procedures on behalf of LPG cylinder owners
with direct users.
1.
Level of deposit for LPG cylinders:
The
uniform level of deposit for LPG cylinders (those fully meeting the conditions
for filling LPG for circulation which meets Vietnamese standards or national
regulations promulgated by competent authorities) applicable to general agents,
agents and shops trading in bottled LPG business shops and users shall be set
by their owners, which must not exceed 100% of the value of bought LPG
cylinders of each type at the time nearest to the depositing time (including
valves installed inside LPG cylinders and excluding value-added tax).
For
LPG traders that manufacture LPG cylinders themselves for sale, the uniform
level of deposit for LPG cylinders must not exceed 100% of the actual
ex-warehousing value at the time nearest to the depositing time (excluding
value-added tax) plus actual expenses for putting them into use (if any).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
-
When collecting deposits for LPG cylinders from customers, traders of bottled
LPG and LPG cylinders shall issue a receipt according to a form used within the
whole distribution network and a written notice of the deposit level to
consumers.
A
receipt of deposit for LPG cylinders shall be made in one copy, which comprises
the counterfoil and stock. LPG traders shall keep the counterfoil and consumers
shall keep the stock, which must fully and specifically indicate the name of
the LPG cylinder owner with its seal, name of the agent authorized to collect
deposits, name of the user, the deposit level under which document of the owner
(specifying the deposit amount), time and term of deposit under agreement, type
of LPG cylinders for which the deposit is paid (weight, type (steel/mixed/
composite), brand and origin of deposited LPG cylinders), specifying the time
and the amount refundable to the customer under agreement when the customer
returns cylinders. Intermediary distribution parties such as general agents and
agents shall keep copies of the receipt.
-
Bottled LPG traders owning LPG cylinders shall notify in writing to units
within their distribution network of the level and adjusted level of deposit
for LPG cylinders and the refundable amount upon return of LPG cylinders. Such
notice must specify the level of deposit and the time for applying this level
and the refundable amount corresponding to the cost allocation time under Point
3 of this Article.
-
LPG cylinder owners shall collect deposits indicated in receipts of deposit for
LPG cylinders from direct users (including also cases of collection through
general agents, agents and shops trading in bottled LPG). Apart from deposits
collected according to receipts of deposit for LPG cylinders, general agents,
agents and shops trading in bottled LPG (other than LPG cylinder owners) may
not collect any other amount related to the depositing.
3.
Accounting of incomes from deposits
-
Traders of bottled LPG and LPG cylinders (LPG cylinder owners) that receive
deposits for LPG cylinders from customers shall record those deposit amounts
into an account for monitoring deposits.
-
Annually when allocating costs under Article 5 of this Circular, they shall
transfer deposit amounts to other incomes when determining enterprise income
tax-liable incomes. The transfer time corresponds the time of allocating costs
for LPG cylinders to LPG trading expenses.
For
example: In 2009, LPG trader A owns cylinders with the cost of cylinders
transferred to the item of expenses of VND 400.000/piece and the transfer time
of 10 years, i.e., trader A allocates a cylinder cost of VND 40,000/piecc. The
trader sets the deposit level of 100% of the value of bought cylinders and
collects VND 400.000 as deposit for one cylinder. So the trader shall transfer
to other incomes of 2009 a deposit amount for one cylinder as VND 400.000 : 10
= VND 40,000.
-
When arise deposit amounts payable to customers when they return LPG cylinders
the costs of which are not fully allocated, units shall deduct such amounts
from the deposits paid by customers (before transferring them to other incomes).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ORGANIZATION OF IMPLEMENTATION
Article 8. This Circular
takes effect 45 days from the date of its signing and applies on October 1.
2010. To annul documents guiding the accounting of deposits, cost allocation
and depreciation of LPG cylinders which are contrary to this Circular.
Article 9. For traders of
bottled LPG and LPG cylinders entering into contracts on lease, lending and
deposit of LPG cylinders before the effective date of this Circular:
-
Those currently transferring incomes and allocating costs of LPG cylinders
under the Ministry of Finance's previous guidance shall continue doing so for
the remaining time.
-
Those having allocated costs of LPG cylinders but having not transferred
incomes under the Ministry of Finance's previous guidance shall transfer all
incomes corresponding to the cost allocation time to other incomes when
determining enterprise income tax-liable incomes in 2010.
Article 10. Any problems
arising in the course of implementing this Circular should be reported to the
Ministry of Finance for prompt settlement.-
FOR THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66