MINISTRY OF
FINANCE
--------
|
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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|
No. 195/2015/TT-
BTC
|
Hanoi, November
24, 2015
|
CIRCULAR
GUIDELINES
FOR THE GOVERNMENT'S DECREE NO. 108/2015/ND-CP DATED DECEMBER 28, 2015 ON
GUIDELINES FOR SOME ARTICLE OF THE LAW ON SPECIAL EXCISE DUTY AND THE LAW ON
AMENDMENTS TO THE LAW ON SPECIAL EXCISE DUTY
Pursuant to the Law on special excise duty No. 27/2008/QH12
dated November 14, 2008; Law No. 70/2014/QH13 dated November 26, 2014 on
amendments to some Articles of the Law on special excise duty;
Pursuant to the Law on Tax administration No.
78/2006/QH11 dated November 29, 2006; Law No. 21/2012/QH13 dated November 20,
2012 on amendments to some Article of the Law on Tax administration;
Pursuant to the law No. 71/2014/QH13 dated
November 26, 2014 on amendments to tax laws;
Pursuant to the Government's Decree No.
108/2015/ND-CP dated October 28, 2015 providing guidelines for some Article of
the Law on special excise duty and the Law on Amendments to the Law on special
excise duty;
Pursuant to the Government's Decree No.
215/2013/ND-CP dated December 23, 2013 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Finance;
At the request of the Director of the General
Department of Taxation,
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides guidelines for the
Government's Decree No. 108/2015/ND-CP dated December 28, 2015 on guidelines
for some Article of the Law on special excise duty and the Law on Amendments to
the Law on special excise duty.
Article 2. Taxed commodities
Commodities subject to special excise tax (SET) are
specified in Article 2 of the Law on special excise duty No. 27/2008/QH12 dated
November 14, 2008, Clause 1 Article 1 of the Law No. 70/2014/QH13 dated
November 26, 2014 on amendments to the Law on special excise duty, and Article
2 of Decree No. 108/2015/ND-CP.
With
regard to air conditioners of 90,000 BTU or lower that are subject to SET: if
the indoor and outdoor units are sold or imported separately, they are still
subject to SET as if complete products (air conditioners).
Article 3. Commodities not
subject to SET
The
goods specified in Article 2 of this Circular are not subject to SET in the
following cases:
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1.1. Goods directly exported by the manufacturer or
processor, including goods sold to or processed for export processing
companies, except for passenger cars having fewer than 24 seats sold to export
processing companies.
Any organizations having goods not subject to SET
specified in this Point must have documents proving that such goods have been
exported. To be specific:
- Sale contract or processing contract with foreign
parties.
- Invoices for goods export or return, payment for
processing.
- Export declaration.
- Bank transfer receipts.
Bank transfer means the transfer of money from the
importing party’s account to an account held by the exporting party opened at a
bank in accordance with contract agreements and regulations of the bank. The
bank transfer receipt is the credit note of the exporting party’s bank of the
amount of money transferred from the importing party’s bank. In case of
deferred payment, it must be specified in the export contract and the bank
transfer receipt must be submitted when the payment is due. In case of export
entrustment, the entrusted party must pay the foreign party via a bank.
1.2. A manufacturer of goods subject to SET that
temporarily exports and re-imports goods under a license for temporary export
is not required to pay SET during the period over which import and export
duties are exempt and has to pay SET when selling such goods.
1.3. Goods exported for sale or exported by an
entrusted business establishment under a business contract.
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- A contract to buy goods for export or, if the
manufacturer entrusts a business establishment to export goods, an export
entrustment contract.
- Invoices for sale, delivery of goods exported
under an entrustment contract.
- A record on partial or full finalization of the
contract to sell goods for export, record on finalization of the import
entrustment contract must specify:
Names, quantities, categories, prices of goods that
have been exported; method of payment, amount of money, date of the receipt for
bank transfer from the foreign buyer to the exporter; amount of money and date
of the payment document between the manufacturer and exporter or entrusted
exporter; number, date of the export contract; copies of the customs
declaration of exported goods.
With regard to goods bought or received by an
exporter for export but eventually sold domestically instead of being exported,
the exporter must declare and pay SET on such goods when they are sold
domestically.
1.4. Goods for sale at overseas fairs or exhibitions.
The organization hose goods are put up for sale at
overseas fairs or exhibitions must have:
- An invitation or registration for participation
in the overseas fair or exhibition.
- An export declaration bearing the customs
authority’s certification that goods have been exported.
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- Documents about payment for goods sold at the
fair or exhibition. It is required to submit a declaration to the customs
authority and present the receipt for bank deposit if the amount of cash
exceeds the permissible limit.
2. Imported goods in the following cases:
2.1. Humanitarian aid, grant aid, gifts, including:
a) Humanitarian aid and grant aid, including
imported goods funded by grant aid approved by a competent authority;
humanitarian aid and emergency assistance for recovery from wars, natural
disasters, epidemics.
b) Gifts of overseas entities for state agencies,
political organizations, socio-political organizations,
socio-political-professional organizations, social organizations,
socio-professional organizations, the people’s armed forces.
c) Gifts for Vietnamese individuals within the
allowance imposed by law.
2.2. Goods transited through Vietnam, including:
a) Goods transported from the exporting country to
the importing country through Vietnam’s checkpoint without following procedures
for import into Vietnam and procedures for export from Vietnam.
b) Goods transported from the exporting country to
the importing country through Vietnam’s checkpoint and moved to a bonded
warehouse without following procedures for import into Vietnam and procedures
for export from Vietnam.
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d) Goods transported from the exporting country to
the importing country passing through Vietnam’s checkpoint.
2.3. If
temporarily imported goods are re-exported within the period over which import
duties are exempt according to regulations of law on export and import duties,
SET on the re-exported goods shall not be paid.
If
temporarily exported goods are re-imported within the period over which export
duties are exempt according to regulations of law on export and import duties,
SET on the re-imported goods shall not be paid.
2.4. Goods temporarily imported to attend a fair or
exhibition and re-exported within the period over which import duties are
exempt. If such goods are not re-exported after the end of the fair or
exhibition, SET shall be paid. If the tax authority finds that a taxpayer fails
to declare such amount of SET, such tax payer shall incur penalties in addition
to paying the tax arrears.
2.5.
Personal belongings of foreign entities given diplomatic immunity according to
regulations of law on diplomatic immunity.
2.6.
Hand luggage within the tax-free allowance of Vietnamese people and foreigners
when passing through a Vietnam’s checkpoint.
2.7. Imported goods for sale at tax-free shops as
prescribed by law.
3. Goods imported from abroad into a free trade
zone, goods sold to a free trade zone from inland and used within the free
trade zone, goods traded between free trade zones, except for: goods taken into
a free trade zone having residents, not hard fences, and passenger cars having
fewer than 24 seats.
Documentation and procedures for canceling SET in
the cases specified in Clause 2 and Clause 3 of this Article are similar to those
for cancellation and exemption of import duties in accordance with regulations
of law on export and import duties.
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4. Aircraft, cruise ships used
for passenger transport, cargo transport, and tourism services, and aircraft
serving national defense and security purposes.
If aircraft and cruise ships that are not subject
to SET are used for purposes other than passenger transport, cargo transport,
tourism services, national defense and security purposes, they are subject to
SET.
Any business establishment having imported aircraft
and/or cruise ships that are repurposed as specified above shall declare and
pay SET to the customs authority in accordance with instructions of the
Ministry of Finance on customs procedures, customs supervision, export and
import duties, and tax administration applicable to exported or imported goods.
Any business establishment having domestically
produced aircraft and/or cruise ships that are repurposed as specified above
shall declare and pay SET on the remaining value after depreciation to the its
supervisory tax authority.
5. The Ministry of Finance shall cooperate with
relevant Ministries and agencies in providing specific guidance on motor
vehicles specified in Clause 4 Article 3 of the Law on special excise duty that
are designed by manufacturers to be used as ambulances, prisoner transport
vehicles, hearses; vehicles for inspection and control of radio frequencies;
armored mobile adjustable ramp systems; mobile video production vehicles;
vehicles designed to carry both seated and standing passengers and capable of
carrying 24 people or more, cars running within amusement parks and sport
centers and exempt from registration and banned from public roads, other
specialized vehicles, vehicles exempt from registration, and vehicles banned
from public roads.
Importers of cars running within an amusement park
or sports center, exempt from registration and banned from public roads, and
thus not subject to SET as specified in Clause 5 of this Article must present
the following documents to the customs authority where the import declaration
is registered:
- Copies of the Certificate of Business
Registration which permits the importer to operate the amusement park or sports
center (bearing the importer’s signature and seal).
- The importer must specify on the import
declaration that “The vehicle is designed exclusively for use within the
amusement park or sports stadium, exempt from registration and banned from
public roads”. The importer is responsible for the truthfulness of import
documents.
The customs authority with which the importer
registers the import declaration shall inspect goods, not collect SET on such
goods, and not issue the Certificate of Origin of Imported Vehicle to the
importer.
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6. Air
conditioners of 90,000 BTU or lower and designed to be installed on vehicles
only, including cars, railway carriages, ships, boats, airplanes.
Where a business establishment imports or entrusts the
import of a central air-conditioning system of over 90,000 BTU, or an importer
signs a contract with a Vietnamese building contractor for installation of a
central air-conditioning unit of over 90,000 BTU, the delivery varies according
to the construction progress (the system is divided into multiple shipments) in
order to avoid imposition of SET on separate parts of the system (such as the
outdoor unit and indoor unit), the following must be presented to the customs
authority:
- An import contract (and import entrustment contract
in case of import entrustment) or sale contract (original or copy bearing the
importer’s seal) for the central air-conditioning system with a Vietnamese
building contractor; the contract must demonstrate that the system is
integrated, has a power of over 90,000 BTU, and is imported as a completely
built unit according to the manufacturer’s standards, and enclosed with a list
of parts of the system.
- A diagram of the central air-conditioning unit
connection certified by the importer and the building contractor (if any).
- Certificate of power and integration of imported
device and that separate parts (indoor unit and outdoor unit) or groups of
separate parts of the system cannot operate independently issued by a competent
agency.
If one or some separate parts can be assembled into a
complete air-conditioner of 90,000 BTU or lower that can operate independently
without connection to the system, each of those parts are subject to SET.
- The importer’s commitment to use imported goods for
proper purposes and take responsibility for such commitment.
In
consideration of the importer’s documents, the customs authority shall issue a
monitoring sheet according to Appendix I to this Circular.
Article 4. Taxpayers
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1.1. Business organizations established and
registered in accordance with the Law on Enterprises, the Law on State
enterprises (now the Law on Enterprises), and the Law on Cooperatives.
1.2. Business organizations of political
organizations, socio-political organizations, socio-political-professional
organizations, social organizations, socio-professional organizations, the
people’s armed forces, and other organizations.
1.3. Foreign-owned enterprises and foreign parties
to business cooperation under the Law on Foreign investment in Vietnam (now the
Law on Investment); foreign entities doing business in Vietnam without
establishing legal entities in Vietnam.
1.4. Individuals, households, groups of independent
businesspeople, and other entities engaged in manufacturing, business, import.
2. Exporters that buy goods subject to SET from their
manufacturers for export but eventually sell them domestically. When selling
goods, such exporters must fully declare and pay SET.
Chapter II
TAX BASIS
Article 5. Taxable price
The price as the basis for calculating SET on a commodity
or service (hereinafter referred to as taxable price) is the selling price for
the commodity or service exclusive of SET, environmental protection tax, (if
any), and VAT.
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Taxable price
=
Selling price exclusive of VAT
-
Environmental protection tax (if any)
1 + SET rate
The selling price exclusive of VAT
is determined in accordance with regulations of law on VAT; environmental
protection tax is determined in accordance with regulations of law on
environmental protection tax.
a) Where a trader imports goods
subject to SET (except for gasoline), a manufacturer of goods subject to SET
sells goods via its financially dependent subsidiaries, the taxable price is
the selling price imposed by such subsidiaries. Goods sold by an agent at
prices fixed by the importer (except for importers of gasoline) or manufacturer
(the agents only receive commissions), taxable prices are the prices imposed by
the importer or manufacturers inclusive of commissions.
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If the selling prices imposed by the importer of
goods subject to SET (except for cars having fewer than 24 seats and gasoline),
or a manufacturer of goods subject to SET (except for cars having fewer than 24
seats) fall below 7% of the average price of products sold by the trading
establishments in the month, the taxable price shall be imposed by a tax
authority in accordance with regulations of law on tax administration.
The aforementioned trading establishments must not
have a parent company-subsidiary company relationship with the importer or
manufacturer, or have the same parent company as the importer or manufacturer,
and must be the first link of the distribution chain that has a sale contract
with the importer or manufacturer, or with the parent company or a subsidiary
that has the same parent company as the importer or manufacturer of goods
subject to SET. The parent company-subsidiary company relationship shall be
determined in accordance with the Law on Enterprises.
Example 1: Corporation B owns the trademark B and
sells main ingredients to manufacturers of beer B.
Such manufacturers then sell beer B to a
single-member limited liability company which is a subsidiary of Corporation B.
The subsidiary of Corporation B sells beer B to
joint-stock companies that are its subsidiaries.
Such joint-stock companies sign contracts to sell
the beer to their level 1 agents, which do not have any parent
company-subsidiary company relationship with Corporation B, its subsidiary, or
the joint-stock companies); the level 1 agents sell the beer to level 2 agents,
restaurants, and consumers, etc.
The manufacturer shall calculate, declare, and pay
SET on the selling prices imposed by the joint-stock companies, provided such
prices must not fall below 7% of the average price of the same type of products
sold by level 1 agents in the month.
Example 2: Corporation X owns the trademark B.
Under a business cooperation contract, Corporation X, which holds the
technology, sells ingredients, bottles, and labels to manufacturers for
production of beer, which is then sold back to Corporation X.
Corporation X sells the beer to a single-member
limited liability company which is a subsidiary of Corporation X.
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The manufacturer shall calculate, declare, and pay
SET on the selling prices for canned beer and bottled beer imposed by the
subsidiary, provided such prices do not fall below 7% of the average price of
the same type of products sold by level 1 agents in the month.
- The subsidiary of Corporation X sells draft beer
to joint-stock company X which is another subsidiary of Corporation X),
joint-stock company X sign contracts to sell draft beer to independent agents.
The manufacturer shall calculate, declare, and pay
SET on the selling prices for draft beer imposed by joint-stock company X,
provided such prices do not fall below 7% of the average price of the same type
of products sold by such independent agents in the month.
c) With regard to an importer, manufacturer, or
assembler that sells cars having fewer than 24 seats to trading establishments:
With regard to imported cars
having fewer than 24 seats, the taxable price is the selling price imposed by
the importer which must not fall below 105% the cost price of an imported car.
Cost price of an imported car = price on which import duty is imposed+ import
duty (if any) + SET at importation. If the selling price imposed by the
importer is lower than 105% of the cost price of an imported car, the taxable
prices shall be imposed by a tax authority in accordance with regulations of
law on tax administration.
Example 3: CIF price of an imported car is USD
20,000; import duty on this model is 70%, SET is 45%, Exchange rate at the time
of importation is 22,500 VND/USD. The VAT-exclusive selling price on the
importer’s invoice is VND 1,164,712,500. Accordingly, SET payable by the
importer when selling such cars:
Unit: VND
No.
Content
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Amount
1
Taxable price on imported car: 20,000 USD x
22,500 VND
450,000,000
2
Import duty payable: (2) = (1) x tax rate
70%
315,000,000
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SET payable at importation (deducted by the importer
from SET on cars sold domestically): (3)= [(1)+(2)] x tax rate
45%
344,250,000
4
Cost price of an imported car: (4) = (1)+(2)+(3)
1,109,250,000
5
VAT-exclusive selling price imposed by importer
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1,164,712,500
6
Taxable price of a car sold domestically:
(6) = (5)/1.45
803,250,000
7
SET on a car when it is sold domestically:
(7)=(6) x tax rate
45%
361,462,500
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SET payable on a car sold domestically:
(8)= (7) - (3)
17,212,500
Example 4: In the same situation as Example 3, but
the VAT-exclusive selling price on the importer’s invoice is VND 1,100,000,000.
In this case the VAT-exclusive taxable price imposed by the importer is lower
than 105% the cost price of an imported car. Thus the tax authority shall
impose the selling price in accordance with the Law on Tax administration.
Example 5: In the same situation as Example 3, but
the VAT-exclusive selling price on the importer’s invoice is VND 1,186,897,500
(higher than 105% of the cost price of an imported car). Accordingly, SET
payable by the importer when selling such cars:
Unit: VND
No.
Content
Tax rate
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1
Cost price of an imported car
1,109,250,000
2
VAT-exclusive selling price imposed by importer
1,186,897,500
3
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818,550,000
4
SET on a car when it is sold domestically:
(4)=(3) x tax rate
45%
368,347,500
5
SET payable on a car sold domestically:
(5)= (4) - 344,250,000 VND
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The taxable price of a cars
having fewer than 24 seats manufactured or assembled in Vietnam is the selling
price of the same type of products manufactured which must not fall below 7% of
the average price imposed by the trading establishments. The average price
imposed by trading establishments for comparison is the selling price of a car
without additional features requested by the customer. If the selling price
imposed by the manufacturer or assembler is lower than 7% of the average price
of the same type products sold by the trading establishment in the month, the
taxable price shall be imposed by a tax authority in accordance with
regulations of law on tax administration.
2. With regard to imported
goods, taxable prices at importation is determined as follows:
Taxable price = Price on which
import duty is imposed + import duty
The taxable price is determined
in accordance with regulations of law on export and import duties. If imported
goods are eligible for exemption or reduction of import duty, the taxable
prices shall not include the amount of import duty exempted or reduced.
3. With regard to goods subject to SET, the taxable
prices are exclusive of VAT, environmental protection tax (if any), SET, and
inclusive of the package value.
With regard to bottled beer, if a deposit for the
bottles has been paid, the manufacturer and customers make quarterly statements
of the deposit, the deposit on the unrecovered bottles must be included in the
revenue subject to SET.
Example 6: The VAT-exclusive price for a liter of
boxed beer in 2016 is VND 21,000. SET on beer is 55%. Taxable price is
determined as follows:
Taxable price for
a liter of boxed beer
=
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=
13,548 (VND)
1 + 55%
Example 7: In the second quarter of 2016, the
VAT-exclusive price for a 24-bottle pack of Ha Noi Beer is VND 124,000. Taxable
price is determined as follows:
Taxable price for
a 24-bottle pack
=
124,000
=
80,000 (VND)
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Example 8: In the third quarter of 2016, Company A
sells 1,000 bottles of beer to customer B and receive a deposit of VND 1,200
for a bottle. The total deposit is VND 1,200,000. At the end of the quarter,
according to the statement of Company A and customer B, 800 empty bottles are
recovered, 200 bottles are not recovered. Accordingly, Company A return VND
960,000 to customer B. The deposit on unrecovered bottles is 240,000 (200 x
1,200) and has to be included in the revenue subject to SET.
4. Taxable prices for processed goods are selling
prices imposed by the hiring entity or selling prices of products of the same
or similar type at the time of selling exclusive of VAT, environmental
protection tax (if any), and SET.
If the hiring entity sells
processed goods to a trading establishment, taxable prices shall be determined
in accordance with instructions in Point b and Point c Clause 1 of this
Article.
5. With regard to goods manufactured under a
business cooperation contract between the manufacturer and the establishment
that uses or owns the trademark (brand name) or manufacturing technology,
taxable prices are selling prices exclusive of VAT and environmental protection
tax imposed by the establishment that uses or owns the or manufacturing technology.
Taxable prices for goods manufactured under a franchise license and sold by
branches or representative offices in Vietnam of a foreign company in Vietnam
are the selling prices imposed by such branches or representative offices in
Vietnam.
If such branches or
representative offices in Vietnam sell the goods to another trading
establishment, the taxable prices shall be determined in accordance with
instructions in Point b and Point c Clause 1 of this Article.
6. Taxable prices of goods sold
under a deferred payment plan or instalment plan are selling prices exclusive
of VAT, environmental protection tax (if any), and SET of goods sold normally,
exclusive of deferred payment interest or instalment interest.
7. Taxable prices for goods/services
used for exchange, internal use, gifting, sales promotion are taxable prices of
goods/services of the same or similar type at that time.
8. Where an exporter buys goods
subject to SET from a manufacturer and sell them domestically instead of
exporting, the taxable price is the selling price exclusive of SET,
environmental protection tax (if any), and VAT, and is determined as follows:
Taxable price
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=
Domestic VAT-exclusive selling price
-
Environmental protection tax (if any)
1 + SET rate
If the selling price (inclusive of VAT,
environmental protection tax, and SET) declared by the exporter as the basis
for determination of taxable price is lower than 7% of the selling price on the
market, the taxable price shall be imposed by a tax authority in accordance
with the Law on Tax administration and its instructional documents.
9. Taxable prices for services are service prices
imposed by the service provider, exclusive of VAT and SET:
Taxable price
=
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1 + SET rate
VAT- exclusive services price as the basis for
determination of taxable prices for some particular services are specified
below:
a) For golf business (including operation of golf
training course) is the VAT-exclusive revenue from selling memberships, golf
tickets, including training tickets, charges for course maintenance, buggies,
caddies, deposits (if any), and other amounts paid by golf players and members.
If the deposit is returned, tax refund shall be deducted from tax payable in
the next period, or provided in cash. If the golf business also sells other
goods/services that are not subject to SET such as hotel, food and beverage,
selling goods, games, they are not subject to SET.
Example 9. A golf business provides services
related to hotel, food and beverage, selling goods, games that are not subject
to SET, they are not subject to SET.
b) For casino, and electronic casino games, taxable
prices are the revenue from the casino or electronic casino games, exclusive of
the prizes given to players, which equals (=) the amount collected from payers
at the counter before playing minus (-) the amount of prizes given to players.
c) For betting business, taxable prices are the revenue
from selling betting tickets minus (-) prizes given to players (exclusive of
VAT), not including entrance tickets to watch entertainments associated with
the betting business.
d) For discotheque, massage, and karaoke business,
taxable prices are the VAT-exclusive revenue from services provided within the
discotheque, massage, and karaoke business, including revenues from food and
drink and associated services e.g. showering, sauna in a massage
establishment).
Example 10: VAT-exclusive revenue of a discotheque
(including revenue from food and drink) of establishment A in the period is VND
100,000,000.
Taxable price
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100,000,000
=
71,428,571 (VND)
1 + 40%
dd) For lottery business, taxable prices are the VAT-exclusive
revenue from selling lottery tickets in the forms permitted by law.
10. The taxable prices for
goods/services specified in Clause 1 through 9 of this Article are inclusive of
surcharges (if any) imposed by manufacturers or sellers. Taxable prices of
tobacco are inclusive of mandatory contributions and supportive budget
specified in the Law on Prevention of harmful effects of tobacco.
Taxable prices are expressed as VND. Where a
taxpayer earns revenue or fixes a taxable price in a foreign currency, it must
be converted into VND at the applicable exchange rate in accordance with the
Law on Tax administration and its instructional documents.
With regard to imported goods, the exchange between
VND and a foreign currency must comply with The taxable price is determined in
accordance with regulations of law on export and import duties.
11. Where the manufacturer or seller fails to
comply with regulations on invoicing, the tax authority shall impose the
revenue according to the practical business performance in accordance with the
Law on Tax administration, and determine the amount of SET payable.
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- For goods: the time of earning revenue is the
time of transferring the right to own or use the goods to the buyer, whether
the payment is collected or not.
- For services: the time of earning revenue is the
time of completion of service provision or issuance of the invoice for service
provision buyer, whether the payment is collected or not.
- For imported goods: time of registration of the
customs declaration.
13. Manufacturers, importers, sellers of goods
and/or services subject to SET must comply with accounting and invoicing
practice when buying, selling goods/services and transporting goods as
prescribed by law.
Invoices must be used when a manufacturer sells
goods or delivers goods to branches, subsidiaries, or agents. Where a branch or
store is located in the same province with the manufacturer, or goods are moved
from one warehouse to another, the delivery note may be used.
Manufacturers of goods subject to SET using brand
names must register them as prescribed.
Article 6. SET rates
1. SET rates are specified in Clause 4 Article 1 of
the Law No. 70/2014/QH13 dated November 26, 2014 on amendments to some Articles
of the Law on special excise duty and Article 5 of Decree No. 108/2015/ND-CP.
2. Where a manufacturer manufactures various types
of goods and/or provide various types of services subject to various SET rates,
SET shall be calculated at corresponding rates on each separate type of goods
and/or services. If specific SET rates cannot be separately determined, the
highest one shall apply.
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TAX REFUND, TAX
DEDUCTION, TAX REDUCTION
Article 7. Tax refund
Payers of SET (hereinafter referred to as taxpayers)
shall receive a tax refund in the following cases:
1. Goods temporarily imported and re-exported,
including:
a) SET has been paid imported goods still remain at
the border checkpoint under customs control, and then they are re-exported.
b) SET has been paid on imported goods that are
delivered or sold to foreign partners via agents in Vietnam; Imported goods for
sale to foreign means of transport on international routes through Vietnam’s
ports and Vietnamese means of transport on international routes as prescribed
by the government.
c) When temporarily imported goods are re-exported,
paid SET on the quantity of re-exported goods shall be refunded.
d) When imported goods on which SET has been paid
are re-exported, paid SET on the quantity of goods re-exported shall be
refunded.
dd) Paid SET on goods imported to attend a fair or
exhibition, or for display or serve other purposes for a limited period of time
shall be refunded when such goods are re-exported.
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g) With regard to imported goods the quality or
categories of which are not consistent with the contract or import license on
account of the foreign seller, if a competent authority has inspected, the
foreign seller has certified, and goods may be imported, the customs authority
shall inspect and verify the amount of SET payable. Excess tax shall be
refunded; tax arrears shall be fully paid.
If goods maybe re-exported (returned) to the
foreign seller, paid SET on the quantity of re-exported goods shall be
refunded.
If goods are returned to the foreign seller within
the period over which import duties are exempt, the customs authority shall
inspect the procedures and cancel SET on the quantity of goods returned.
2. If imported goods are materials for
manufacturing or processing of goods for export, paid SET on the quantity of
materials used for manufacturing or processing of goods that have been actually
exported shall be refunded.
Regulations on SET refund specified in Clause 1 and
Clause 2 of this Article only apply to goods that have been actually exported;
documentation and procedures for refund of SET on imported goods are similar to
that for refund of import duties specified in regulations of law on export and
import duties.
3. when making a terminal tax statement upon
merger, division, separation, dissolution, bankruptcy, ownership transfer,
lease of state-owned enterprises that have paid SET excessively, SET refund may
be claimed.
4. SET shall be refunded in the following cases:
a) The refund is decided by a competent authority.
b) Tax refund is required under an international
agreement to which Vietnam is a signatory.
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Documentation and procedures for refund of SET in
the cases specified in Clause 3 and Clause 4 of this Article are specified in
the Law on Tax administration and its instructional documents.
Article 8. Tax deduction
1. A taxpayer that manufactures goods subject to
SET from materials subject to SET may deduct the paid SET on the quantity of
materials imported or purchased from another domestic manufacturer that is used
for manufacturing goods from the SET payable. SET that remains after deduction
shall be carried forward to the next period.
For biofuel, the amount of deductible SET in the
period depends on the amount of paid SET on a unit of material purchased in the
previous period for manufacturing of biofuel.
Example 11: in October, Corporation AB imports
5,000 liters of 92-RON gasoline, pays VND 5,000,000 of SET at importation; buys
3,000 liters of 92-RON gasoline from refinery D and pays VND 3,300,000 of SET.
2,000 liters of E5 are produced after mixing ethanol and mineral spirits.
In November, Corporation AB sells 1,000 liters of
E5 to its subsidiaries.
The proportion of 92-RON gasoline in biofuel is
95.06%; ethanol 4.94%.
Deductible SET in November:
(5,000,000 + 3,300,000)/8,000 x 95.06% x 1,000 =
986,247 (VND).
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2. Payers of SET on goods subject to SET at import
(except for gasoline) may deduct SET paid at importation from SET payable on
goods sold domestically. Deductible SET is equal to SET on goods subject to SET
that are sold after import, and must not exceed the SET on goods sold
domestically. The taxpayer may include SET that remains after deduction because
of a force majeure event in expenses when calculating corporate income tax.
Conditions for deducting SET:
- When importing materials subject to SET to
manufacture goods subject to SET, and when importing goods subject to SET, the
receipt for SET payment at importation is the basis for SET deduction.
- If materials are purchased from a domestic
manufacturer:
+ A sale contract which specifies that the
materials are directly manufactured by the seller; copies of the Certificate of
Business Registration of the seller which bears the seller’s signature and
seal.
+ Bank transfer receipts.
+ VAT invoices. The amount of SET paid by the buyer
when buying materials equals (=) taxable price multiplied by (x) SET rate,
where:
Taxable price
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VAT-exclusive buying price (according to the VAT invoice)
-
Environmental protection tax (if any)
1 + SET rate
SET payable is calculated as follows:
SET payable
=
SET on goods
subject to SET sold in the period
-
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If SET payable or paid SET on the quantity of
materials used for manufacturing of goods sold in the period, the figures of
the previous period may be used to calculate deductible SET and the actual
amount shall be determined at the end of the quarter or year. In any case,
deductible SET must not exceed the SET on the quantity of materials set out in
technical regulations applied to such products. The manufacturer must register
such technical regulations with the supervisory tax authority.
Example 12: In a tax period, establishment A:
+ Imports 10,000 liters of alcohol and pays VND 250
million of SET at importation (according to the receipt for SET payment at
importation).
+ Uses 8,000 liters of alcohol to manufacture
12,000 bottles of alcohol.
+ Sells 9,000 bottles of alcohol; SET on these
9,000 bottles is VND 350 million.
+ SET on the quantity of imported alcohol
corresponding to 9,000 bottles that are sold is VND 150 million.
SET payable by establishment A in this period:
350 million – 150 million = 200 million (VND).
Example 13: In a tax period, establishment B:
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+ Sells 100 air conditioners domestically; SET on
air conditioners sold domestically is VND 120 million.
SET payable by establishment B in this period:
120 million – 100 million = 20 million (VND).
Example 14: In a tax period, establishment B:
+ Imports 100 air conditioners of 12,000 BTU and
pays VND 100 million of SET at importation (according to the receipt for SET
payment at importation).
+ Sells 100 air conditioners domestically; SET on
air conditioners sold domestically is VND 90 million because of a force majeure
event.
Establishment B may deduct VND 90 million of SET.
Establishment B may include SET that remains after deduction (VND 10 million)
in expenses when calculating corporate income tax.
Enterprises permitted to manufacture E5 and/or E10
shall declare and deduct SET at tax authorities in charge of the areas where
their headquarters are located. SET on E5 and E10 procedures remains after
deduction may be offset against SET payable on other goods/services.
SET payers shall use form No. 01/TTDB (SET
declaration) and form No. 01-1/TTDB (Deductible SET on purchased materials and
imported goods) enclosed to this Circular.
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SET reduction shall comply with Article 9 of the
Law on special excise duty No. 27/2008/QH12.
Documentation and procedures for tax reduction shall
comply with the Law on Tax administration and its instructional documents.
Chapter IV
IMPLEMENTATION
Article 10. Effect
1. This Circular comes into force from January 01,
2016.
2. This Circular replaces Circular No. 05/2012/TT-BTC
dated January 05, 2012 on guidelines for Decree No. 26/2009/ND-CP and Decree
No.113/2011/ND-CP.
Article 11. Implementation
1. Tax authorities are responsible for collection,
refund, and reduction of SET incurred by business establishments.
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3. Difficulties that arise during the
implementation should be reported to the Ministry of Finance for
consideration./.
PP MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan