MINISTRY
OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
94/2010/TT-BTC
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Hanoi,
June 30, 2010
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CIRCULAR
GUIDING VALUE-ADDED TAX REFUND FOR EXPORTED GOODS
Pursuant to June 3, 2008 Value-Added
Tax (VAT) Law No. 13/2008/QH12, and guiding legal documents;
Pursuant to November 29, 2006 Tax Administration Law No. 78/2006/QH11 and
guiding legal documents:
Pursuant to Point 1(c), Section III of the Government's Resolution No.
30/2008/NQ-CP of December 11, 2008, on urgent measures to curb economic
downturn, maintain economic growth and ensure social welfare;
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;
In furtherance of the Prime Minister's directing opinions in Official Letter
No. 2600/TTg-KTTH of December 30, 2009, on accelerating export and controlling
trade deficit:
The Ministry of Finance guides the refund of input VAT for actually exported
goods as follows:
Article 1.
Temporary VAT refund for actually exported goods without via-bank payment
documents
1. Eligible for temporary VAT
refund under this Circular are export producers and traders having actually
exported goods pending via-bank payment by foreign parties under export
contracts, except the following cases which are subject to inspection prior to
VAT refund:
- VAT refund under treaties to
which the Socialist Republic of Vietnam is a contracting party which require
inspection prior to VAT refund:
- Taxpayers that request VAT
refund for the lust time, except export producers and processors with
production establishments based in localities where VAT refund is effected that
are eligible for temporal) VAT refund:
- Taxpayers that have committed
tax evasion or tax fraud within 2 (two) years before the lime of request for
VAT refund. Acts of tax evasion or tax fraud are specified in Article 14 of the
Government's Decree No. 98/2007/ND-CP of June 7, 2007, on handling of
violations of tax laws and enforcement of tax-related administrative decisions:
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- Upon the expiration of the
time limit indicated in tax offices' notices, taxpayers fail to explain or
supplement VAT refund dossiers at the request of tax offices or fail to prove
the accuracy of declared VAT amounts.
2. The VAT amount to be
temporarily refunded for actually exported goods without via-bank payment
documents is equal to 90% (ninety percent) of the input VAT amount to be
refunded under taxpayers" dossiers of request.
Example 1: Company A has signed
an export contract and actually exported goods but the deadline for via-bank
payment by the foreign party under the export contract has not yet expired. If
the input VAT of exported goods is VND 100 million. Company A will be
temporarily refunded 90% of this input VAT amount which is VND 90 million.
- In case deferred payment or
installment payment is made for exported goods and this mode of payment is
explicitly indicated in the export contract, if the payment deadline has not
yet expired and via-bank payment documents arc unavailable or the foreign party
has made payment on advanced payment, the taxpayer shall be refunded the whole
input VAT amount under Point 1.3 (c.3). Section 111. Part 13 of the Finance
Ministry’s Circular No. 129/2008/TT-BTC of December 26, 2008, guiding a number
of articles of the VAT Law. and the Government's Decree No. 123/2008/ND-CP of
December 8, 2008, which details and guides a number of articles of the VAT Law.
Example 2: Company C has signed
an export contract which clearly indicates the mode of deferred payment and the
payment schedule. Goods have been actually exported but the deadline for
via-bank payment by the foreign party under the export contract has not yet
expired. If the input VAT of exported goods is VND 100 million. Company C will
be refunded 100% of this input VAT amount. When the payment deadline indicated
in the export contract expires. Company C must produce via-bank payment
documents as prescribed.
- In case a taxpayer has
actually exported goods and the foreign party has made via-bank payment under
the export contract for part of the actually exported goods, if the taxpayer
files a dossier of request for temporary refund of input VAT for exported goods
(including the paid volume of exported goods and the unpaid volume of exported
goods) and all conditions for VAT credit and refund are satisfied, input VAT
shall be refunded as follows: the whole input VAT amount for the volume of
goods for which via-bank payment documents are available will be refunded. For
the remaining volume of goods for which via-bank payment documents are
unavailable because the payment deadline indicated in the export contract has
not yet expired. 90% of the input VAT will be temporarily refunded. Upon the
expiration of the payment deadline indicated in the export contract, if the
taxpayer submits sufficient via-bank payment documents, the remaining 10% will
be refunded.
Example 3: Company A has signed
an export contract and actually exported goods. The input VAT amount of
exported goods is VND 100 million. Company A has received from the foreign
party via-bank payment for 80% of the value of the actually exported goods
while the deadline for payment of the remaining value of the exported goods has
not yet expired. If Company A files a dossier of request for temporary VAT
refund for exported goods. VAT shall be refunded as follows:
+ Company A will be refunded VND
80 million (for exported goods with sufficient via-bank payment documents) and
temporarily refunded VND 18 million (VND 20 million x 90%). The remaining
amount of VND 2 million (10%) will be refunded after all via-bank payment
documents are submitted as prescribed.
+ In the same case, if the
company files a tax refund dossier after the expiration of the payment deadline
indicated in the export contract and payment documents for the remaining 20% of
the exported goods value are still unavailable, the company will be refunded
VND 80 million for the value of exported goods for which payment documents are
available. For the value of goods for which payment documents arc unavailable,
input VAT will not be refunded.
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Article 2.
VAT refund for exported goods in some other cases
1. In case of entrusted export,
the entrusted party shall keep added-value invoices on the sale of exported
goods (the second original) issued by the entrusting party according to
regulations. After receiving payment for exported goods from the foreign
customer, the entrusted party shall make via-bank payment (as for cases of
direct export) to the entrusting party.
In case the entrusted party
exports goods of the same category which are purchased from different goods
owners for delivery to different customers at different prices, the entrusted
party shall make a written certification of the quantity of actually exported
goods, enclosed with a detailed statement of goods names, quantity, unit prices
and export turnover and copies of customs declarations, export contracts and
via-bank payment documents, for sending to the entrusting party.
2. In case a taxpayer has signed
an export contract on the sale of goods to a foreign customer and has completed
export procedures, then the taxpayer and its foreign party agree to adjust
goods sale prices, if the taxpayer has made a contract annex or a document
modifying the contract according to current law and adjusted added-value
invoices and export turnover based on adjusted sale prices and these exported
goods satisfy all conditions for input VAT credit, the whole input VAT amount
of exported goods may be declared for credit and refund according to
regulations.
3. In case the natural weight or
volume of exported goods increases or decreases during transportation due to
their physical and chemical properties (according to the results of independent
assessment of the exporter and the importer), the taxpayer may declare and
credit the input VAT amount of the actual volume of exported goods if other
prescribed conditions are fully met. In this case, export turnover shall be
determined based on the sum of money actually paid via bank by the foreign
party as agreed by the seller and the purchaser in the relevant export contract
(contract annex or document modifying the contract, if any). The to-be-refunded
VAT amount shall be calculated on the whole value of goods actually exported.
Actually exported goods defined
in Clauses I. 2 and 3 of this Circular for which via-bank payment documents are
not yet available, are entitled to VAT refund under this Circular.
4. For exported goods returned
by foreign customers, input VAT will not be refunded. In case in which the lax
amount refunded by a tax office is larger than the to-be-refunded tax amount,
the tax office shall recover the tax amount ineligible for refund corresponding
to the value of exported goods which are returned. The recovered tax amount
shall be managed under the tax office's decision. If the taxpayer sells these
returned goods later, he/she shall declare and pay tax and arc entitled to tax
credit and refund according to regulations.
Article 3.
VAT refund dossiers
1. VAT refund dossiers are
guided at Point 2. Section I. Part G of the Finance Ministry's Circular No.
60/2007/TT-BTC of June 14, 2007, detailing a number of articles of the Tax
Administration Law and guiding the implementation of the Government's Decree
No. 85/2007/ND-CP of May 25, 2007, which details a number of articles of the
Tax Administration Law. Particularly, the request for refund from the state
budget, in case of temporary VAT refund, shall be made according to form No.
01/DNHT attached to this Circular (not printed herein).
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2. For the 10% (ten per cent) of
VAT amount not yet refunded under a refund dossier, the taxpayer is not
required lo compile and re-send the VAT refund dossier already sent to the tax
office if no modification or supplementation is made (o the sent dossier. The
taxpayer shall additionally send to the tax office:
A written request for refund
from the state budget (made according to form No. 01/DNHT):
A list of via-bank payment documents
(as prescribed at Point 2.1. Section I. Part G of Circular No. 60/2007/TT-BTC).
3. Taxpayers shall take
responsibility before law for the validity, lawfulness and accuracy of VAT
refund dossiers as well as documents, invoices and other relevant documents
sent lo tax offices.
Article 4.
Procedures and time limits for VAT refund
1. Tax offices shall receive and
examine taxpayers' VAT refund dossiers and refund VAT according to regulations.
In case a taxpayer files a VAT
refund dossier for both input VAT of exported goods without via-bank payment
documents and input VAT of domestically sold goods and services, the tax office
shall refund VAT for domestically sold goods and services for which input VAT
has not yet fully credited, if after examination it identifies that these goods
and services are eligible for VAT refund. For exported goods without via-bank
payment documents, the tax office shall separately handle data on input VAT of
these goods for effecting the temporary refund of 90% of the input VAT amount.
In case the taxpayer cannot separately declare input VAT of exported goods.
This amount shall be determined based on the proportion of the export turnover
to the total turnover of goods sold in the lax declaration and refund period.
For VAT refund dossiers falling
into the case of refund prior to inspection, tax offices shall examine the
completeness and validity of dossiers for use as grounds for issuing refund
orders (made according to form No. C1-04/NS or C1-05/NS attached to the Finance
Ministry's Circular No. 128/2008/TT-BTC of December 24, 2008, guiding the
collection and management of state budget revenues via state treasuries) to
taxpayers. In the refund order's "refund reasons" item, the phrase
"temporary VAT refund for exported goods under the taxpayer's request
dossier" shall be written.
2. The tax office shall refund
the remaining 10% VAT amount under a VAT refund dossier when the taxpayer
submits a complete VAT refund dossier under Clause 2, Article 3 of this
Circular.
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- For dossiers of VAT refund for
exported goods without via-bank payment documents, the time limit for temporary
VAT refund (90%) is 7 (seven) working days after the receipt of a complete and
valid dossier;
- For dossiers of request for
refund of the remaining 10% VAT amount for exported goods without via-bank
payment documents, the time limit for VAT refund is 4 (four) working days after
the receipt of a complete dossier. For taxpayers managed by provincial-level
Tax Departments, tax offices shall guide them to send dossiers of request to
provincial-level Tax Departments (not to district-level Tax Departments). If
via-bank payment documents in the dossier are sufficient as prescribed,
provincial-level Tax Departments shall refund the remaining 10% VAT amount
within the above-stated time limit. In case via-bank payment documents need to
be verified, provincial-level Tax Departments shall notify such to
district-level Tax Departments for conducting verification.
- For other cases eligible for
temporary VAT refund based on results of inspection of VAT refund dossiers:
+ For VAT refund dossiers
falling in the case of refund prior to inspection, the time limit for VAT
refund is 8 (eight) working days after receiving a complete dossier.
+ For VAT refund dossiers
falling in the case of inspection prior to refund: Within 5 (five) working days
after receiving a complete VAT refund dossier from a taxpayer, the tax office
shall inspect the VAT amount requested for refund. The procedures and time for
tax refund inspection at taxpayers' headquarters comply with the Tax
Administration Law and current guiding documents. In these cases, the total
time limit for inspection, verification and issuance of a VAT refund decision
is 30 (thirty) working days after receiving a complete VAT refund dossier.
In the course- of inspecting
dossiers of VAT refund for exported goods without via-bank payment documents,
tax offices shall issue refund orders for VAT amounts eligible for refund. For
VAT amounts which need to be verified or require explanation or supplementation
of dossiers, they shall issue written notices to taxpayers.
Article 5.
Inspection, and handling of violations
1. For taxpayers entitled to VAT
refund prior to inspection, tax offices shall conduct post-tax refund
inspection in accordance with the tax administration law. If detecting, through
inspection, acts of tax fraud or evasion (including failure to make via-bank
payment or to supply via-bank payment documents within the prescribed time
limit), tax offices shall recover the temporarily refunded VAT amounts and, at
the same time, handle these violations under the Finance Ministry's Circular
No. 61/2007/TT-BTC of June 14, 2007, guiding the handling of violations of tax
laws.
2. In case the payment deadline
is adjusted by the seller and purchaser before its expiration and the taxpayer
has been temporarily refunded input VAT for actually exported goods, the
taxpayer shall submit the document on the adjustment of the payment deadline to
the tax office within 3 (three) days after the date of its signing for use as a
basis for determining the deadline for submitting via-bank payment documents
according to regulations.
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In case a taxpayer receives no
payment from the foreign customer as the latter has gone bankrupt or fallen
into insolvency, the temporarily refunded VAT amount shall be recovered but the
taxpayer will not be sanctioned if he/she can produce a written certification
of the foreign customer's bankruptcy issued by a foreign court or a document
stating the reasons for the foreign customer's insolvency. This document must
be produced within 60 (sixty) days after the expiration of the payment deadline
indicated in the export contract. Past the 60-day time limit, if the taxpayer
still fails to produce via-bank payment documents or any of the above-said
documents, the tax office shall recover the temporarily refunded VAT amount for
exported goods without via-bank payment documents and sanction such false
declaration under Circular No. 61/2007/TT-BTC.
4. In case the export contract
does not indicate the payment deadline, if the taxpayer fails to submit
via-bank payment documents within 30 (thirty) days after receiving the
temporarily refunded 90% of the input VAT amount for actually exported goods
for which via-bank payment has not yet been made under the export contract, the
tax office shall issue a notice requesting the taxpayer to make an explanatory
report (according to form No. 01/KTTT attached to Circular No. 61/2007/TT-BTC).
If the taxpayer fails to give reasonable explanations, the tax office shall
conduct post-VAT refund inspection to identify the reasons for late submission
of via-bank payment documents. If determining that the taxpayer has committed
violations and therefore does not satisfy conditions for VAT refund for
exported goods, the tax office shall recover the temporarily refunded VAT
amount and sanction the violation according to law.
5. Upon the expiration of the
time limit for submission of via-bank payment documents, if a taxpayer still
fails to produce these documents, the tax office shall recover the refunded VAT
amount and sanction the tax-related violation. If the taxpayer later receives
payment from the foreign party and is able to produce payment documents, the
taxpayer shall make declarations for VAT credit and refund according to
regulations.
6. Tax offices shall settle
cases eligible for VAT refund prior to inspection based on dossiers. Taxpayers
shall lake responsibility for the truthfulness and accuracy of their dossiers.
If taxpayers make inaccurate dossiers, leading to incorrect calculation of
to-be-refunded VAT amounts by tax offices, they shall return the incorrectly
refunded VAT amounts. If committing severe violations, they shall be handled
according to law.
Article 6.
Reporting on temporary VAT refund
Tax offices directly managing
taxpayers shall open dossiers for monitoring and report and evaluate the
temporary refund of VAT for actually exported goods pending via-bank payment by
foreign parties under export contracts.
The General Department of
Taxation shall guide tax offices of different levels to monitor and report the
temporary VAT refund under this Circular.
Article 7.
Organization of implementation
This Circular takes effect 45
days from the date of its signing and replaces the Finance Ministry's Circular
No. 04/2009/TT-BTC of January 13, 2009, guiding VAT refund under the
Government's Resolution No. 30/2008/NQ-CP of December 11, 2008. Matters not
guided in this Circular comply with the Finance Ministry's Circular No.
129/2008/TT-BTC of December 26, 2008, guiding a number of articles of the VAT
Law and the Government's Decree No. 123/ 2008/ND-CP of December 8, 2008,
detailing and guiding a number of articles of the VAT Law, provided that they
are not contrary to this Circular.
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Any problems arising in the course
of implementation should be reported to the Ministry of Finance for timely
modification and supplementation.-
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan