THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
08/2005/TT-BTC
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Hanoi,
January 26, 2005
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CIRCULAR
GUIDING THE FINANCIAL REGIME APPLICABLE TO THE COMMERCIAL
AND INDUSTRIAL ZONE IN MOC BAI BORDER-GATE ECONOMIC ZONE, TAY NINH PROVINCE
Pursuant the December 16,
2002 State Budget Law; the May 20, 1998 Law Amending and Supplementing a Number
of Articles of the Domestic Investment Promotion Law; the November 12, 1996 Law
on Foreign Investment; the June 9, 2000 Law on Foreign Investment (amended);
the June 17, 2003 Laws on Enterprise Income Tax, Value Added Tax, and Special
Consumption Tax; and June 29, 2001 Customs Law No. 29/2001/QH10;
Pursuant to the Prime Minister’s Decision No. 144/2004/QD-TTg of August 12,
2004 adding a number of preferential policies for Moc Bai border-gate economic
zone, Tay Ninh province,
The Finance Ministry hereby guides the financial regime applicable to the
Commercial and Industrial Zone in Moc Bai border-gate economic zone, Tay Ninh
province as follows:
I. GENERAL
PROVISIONS
1. Scope of application:
The financial regime prescribed
in this Circular applies within the Commercial and Industrial Zone in Moc Bai
border-gate economic zone (hereinafter abbreviated to CIZ), established under
Decision No. 1595/2002/QD-UB of September 30, 2002 of the People’s Committee of
Tay Ninh province approving the detailed planning on the commercial and urban
zone of Moc Bai border-gate, Tay Ninh province;
In this Circular, the phrase
“Vietnam’s inland” is construed to be the rest of Moc Bai border-gate economic
zone not including the CIZ and the Vietnamese territory outside Moc Bai border-gate
economic zone.
2. Subjects of application:
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a/ Domestic investors of various
economic sectors operating under the provisions of the Law on State
Enterprises, the Enterprise Law and the Law on Cooperatives, individual
business households and independent professional practitioners.
b/ Foreign organizations and
individuals, including foreign-invested enterprises, foreign investors
participating in business cooperation contracts, overseas Vietnamese operating
under the Law on Domestic Investment Promotion (amended), the Law on Foreign
Investment in Vietnam, and foreign investors doing business not under the Law
on Foreign Investment in Vietnam.
Only business activities carried
out in the geographical area of CIZ shall be entitled to the preferences for
the CIZ prescribed in this Circular. In cases where organizations and
individuals conduct business activities in both CIZ and Vietnam’s inland, the
business activities in CIZ must be separately accounted to serve as basis for
determination of preferential regimes.
For enterprises which had been
granted licenses for operation in the CIZ before the effective date of Decision
No. 144/2004/QD-TTg but have not yet fully enjoyed the preferences, they must
request the agencies which have granted the investment licenses, investment
preference certificates or business registration certificates to make
additional inscription of preferences for use as basis for enjoyment of
preferential policies as prescribed in this Circular.
3. Conditions for application:
The CIZ shall enjoy the
financial preferences provided for in this Circular when concurrently
satisfying the following conditions:
- Having solid fences isolating
the CIZ from other functional quarters in the border-gate economic zone;
- Having no population quarters
or no inhabitants (including foreigners) permanently or temporarily residing
therein.
- Having a customs control
station to supervise and inspect persons, goods and means entering and leaving
the CIZ.
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- Economic organizations
operating in the CIZ are permitted to export to foreign countries and/or to
import from foreign countries all goods and/or services not banned by
Vietnamese law.
- Goods and/or service exchange
relationships between the CIZ and other functional quarters in the border-gate
economic zone (abbreviated to BEZ) as well as Vietnam’s inland must comply with
Vietnamese law provisions on management of export and import goods and
services.
- Economic organizations and
individuals in Vietnam’s inland shall be allowed to import from the CIZ goods
and/or services not banned by Vietnam from import, or export into the CIZ goods
and/or services not banned by Vietnam from export, and shall be subject to
customs inspection and supervision.
- Tay Ninh province’s Customs
Department is allowed to set up customs control stations at entrances of the
CIZ. The customs stations of the CIZ shall be subject to the direct management
by the Customs Sub-Department of Moc Bai border-gate.
- Export goods or import goods
of any type shall be subject to the current customs procedures applicable to
such type.
- Customs offices shall be
directly responsible for smuggling prevention and combat in customs areas
according to law provisions on customs and shall have to coordinate with the
relevant sections and branches in smuggling prevention and combat under the
direction by the People’s Committee of Tay Ninh province.
5. Organizations and individuals
investing in the CIZ shall be entitled to the maximum preferences for
investment projects in geographical areas meeting with exceptional
socio-economic difficulties under the provisions of the November 12, 1996 Law
on Foreign Investment in Vietnam; the June 9, 2000 Law Amending and
Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam;
the May 20, 1998 Law on Domestic Investment Promotion (amended); the Enterprise
Income Tax Law and the Value Added Tax Law as well as preferences under the
international treaties or bilateral and multilateral trade contracts, which
Vietnam has signed or acceded to.
6. In cases where legal
documents provide for different preference levels for the same domain, the
preference level provided for in documents with higher legal effect shall
apply.
In cases where legal documents
governing the same issue and promulgated by the same agency contain different
provisions, the provisions of the latest document shall apply.
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A. FOR GOODS
AND SERVICES:
1. Regarding export tax and
import tax:
a/ Goods and services imported from
foreign countries or the inland into the CIZ shall be exempt from import tax.
b/ For goods and services
imported from the CIZ into Vietnam’s inland:
- For goods originating from
foreign countries, import tax shall be paid according to the current regulations.
- For goods manufactured,
processed, recycled or assembled in the CIZ, if the value of the goods of ASEAN
origin accounts for 40% or higher as evidenced by certificates of ASEAN origin
- Form D, and the goods meet the conditions prescribed in Circular No.
64/2003/TT-BTC of July 1, 2003 promulgating Vietnam’s List of goods and tax
rates for implementation of the Common Effect Preferential Tariffs (CEPT) of
the ASEAN countries for the 2003-2006 period, the CEPT preferential import tax
rates shall apply when they are imported into Vietnam’s inland.
- For goods manufactured,
processed, recycled or assembled in the CIZ without the use of imported raw
materials or components, they shall not be liable to import tax when being
imported into Vietnam’s inland.
- For goods manufactured,
processed, recycled or assembled in the CIZ with the use of imported raw
materials or components, when being imported into Vietnam’s inland, import tax
shall be imposed only on the volume of the imported raw materials or components
constituting such goods.
Bases for determining the
payable import tax on the volume of imported raw materials or components
constituting the goods imported into Vietnam’s inland include:
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+ The volume of goods imported
into Vietnam’s inland.
+ The import tax rate for each
type of raw material or component.
Business enterprises and
individuals shall have to register with the customs offices the lists of import
goods for use as raw materials in production of goods to be imported into the
inland before the importation.
c/ Goods manufactured,
processed, recycled or assembled in the CIZ, when being exported to foreign
countries, shall be exempt from export tax.
d/ For export tax-liable goods
which are brought into the CIZ from Vietnam’s inland, export tax shall be paid
according to the current regulations.
2. Regarding special consumption
tax:
- Special consumption tax-liable
goods and services manufactured and consumed in the CIZ shall not be liable to
special consumption tax. They include special consumption tax-liable goods and
services which are manufactured, supplied and consumed in the CIZ; or imported
from foreign countries into the CIZ.
- Special consumption tax-liable
goods and services, which are exported from the CIZ to foreign countries, shall
not be liable to special consumption tax.
- Special consumption tax-liable
goods and services, which are imported from the CIZ into Vietnam’s inland,
shall be liable to special consumption tax like import goods according to the
current regulations.
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3. Regarding value added tax:
- Goods and services, which are
imported from foreign countries into the CIZ, shall not be liable to value
added tax (VAT).
- Goods and services which are
exported from the CIZ to foreign countries shall enjoy the VAT rate of 0%;
goods and services which are exported from Vietnam’s inland into the CIZ shall
also enjoy the VAT rate of 0%. The conditions for VAT reimbursement shall
comply with current law provisions thereon.
- Goods and services which are
brought from the CIZ into the inland shall be liable to VAT like import goods
according to current regulations.
- Goods and services circulated
within the CIZ shall not be liable to VAT. For such types of goods, the VAT
lines in VAT invoices shall be crossed out (x).
4. Regarding customs procedures:
a/ For goods imported from foreign
countries into the CIZ:
The CIZ enterprises shall make
customs declarations and submit customs dossiers according to regulations
applicable to each form of importation at Moc Bai border-gate Customs
Sub-Department and shall be subject to supervision by the CIZ’s customs control
stations;
b/ Goods imported from foreign
countries into the inland through Moc Bai border-gate shall go through the
customs procedures at Moc Bai border-gate Customs Sub-Department.
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- The CIZ enterprises and inland
enterprises shall make customs declarations and submit customs dossiers
strictly according to regulations applicable to each form of exportation. For
internal transportation of goods between enterprises and their branches inside
or outside the CIZ, sale-purchase contracts shall be substituted for by
ex-warehousing bills.
- In cases where inland
enterprises register export declarations at inland Customs Sub-Departments,
they shall make customs declarations and submit customs dossiers strictly
according to regulations applicable to each form of exportation. The CIZ
enterprises shall make customs declarations and submit customs dossiers
strictly according to regulations applicable to each form of importation.
d/ For goods exported from the
CIZ to foreign countries:
The CIZ enterprises shall make
customs declarations and submit customs dossiers strictly according to
regulations applicable to each form of exportation at Moc Bai border-gate
Customs Sub-Department or the customs control stations in the CIZ.
e/ For goods exported from the
inland to foreign countries through Moc Bai border-gate, customs procedures
shall be carried out at Moc Bai border-gate Customs Sub-Department. In cases
where customs procedures are carried out at inland Customs Sub-Departments, the
transportation of goods to Moc Bai border-gate shall comply with the
regulations on export goods transported from border gates to border gates.
f/ For goods brought from the
CIZ into the inland, customs procedures shall be carried out at Moc Bai
border-gate Customs Sub-Department or the customs control stations in the CIZ.
The CIZ enterprises (sellers) and inland enterprises (purchasers) shall have
to:
- Make customs declarations and
submit customs dossiers strictly according to regulations applicable to each
form of exportation or importation. For internal transportation of goods
between enterprises and their branches inside or outside the CIZ, where
enterprises themselves bring their goods into the inland for sale, contracts in
customs dossiers shall be substituted for by ex-warehousing bills.
- The CIZ enterprises shall have
to additionally submit to customs offices copies of declarations of goods
imported from foreign countries into the CIZ if goods brought into the inland
are those of foreign origin. Such copies shall be affixed with true-copy seals
of enterprises.
- The CIZ enterprises (sellers)
shall have to submit to Moc Bai border-gate Customs Sub-Department the norms of
imported raw materials constituting products if such products are manufactured,
processed, recycled or assembled in the CIZ with the use of foreign raw
materials and/or components.
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g/ Exported, imported and
transited goods; transport means on exit, entry or transit through the CIZ
shall be allowed to go through gates where customs control stations exist.
h/ Besides the provisions of
this Circular, the involved parties shall also have to fulfill other
obligations prescribed in the Customs Law, the Export Tax and Import Tax Law,
the Government’s Decree No. 101/2001/ND-CP of December 31, 2001 detailing the
implementation of a number of articles of the Customs Law on customs
procedures, customs inspection and supervision regime and other guiding
documents regarding customs.
B. FOR
INVESTMENT PROJECTS IN THE CIZ:
1. Regarding enterprise income
tax:
- Investment projects in the CIZ
shall enjoy the enterprise income tax rate of 10% for a duration of 15 years
after they commence business operation and be exempt from enterprise income tax
for another 4 years after their taxable incomes are generated; and enjoy a 50%
reduction of the payable enterprise income tax amounts for 9 subsequent years.
In special cases where higher preferences are needed, the Finance Ministry
shall submit to the Prime Minister for decision the preferential tax rate of
10% to be applied throughout the project execution duration.
The procedures for enjoying
enterprise income tax exemption or reduction shall comply with the provisions
of the Finance Ministry’s Circular No. 128/2003/TT-BTC of December 22, 2004.
- For investment projects on
building new production chains, expanding production scales, renewing
technologies, improving the ecological environment or raising the production
capacity:
+ Enterprise income tax rate for
extra incomes brought about by projects shall comply with the provisions of
Item 5.1.4. of the Finance Ministry’s Circular No. 88/2004/TT-BTC of September
1, 2004 and other current law provisions.
+ The duration of enterprise
income tax exemption or reduction for extra incomes brought about by projects:
Investment projects not on List A promulgated together with the Government’s Decree
No. 164/2003/ND-CP of December 22, 2003 shall be exempt from enterprise income
tax for one year for the extra incomes brought about by investment and enjoy a
50% reduction of the payable tax amounts for 2 subsequent years at most.
Investment projects on List A promulgated together with the Government’s Decree
No. 164/2003/ND-CP of December 22, 2003 shall be exempt from enterprise income
tax for four years for the extra incomes brought about by investment and enjoy
a 50% reduction of the payable tax amounts for 7 subsequent years at most.
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- Organizations and individuals
producing and/or trading in goods and/or services as well as foreign-invested
enterprises and foreign parties to business cooperation contracts, that conduct
business activities in the CIZ and suffer from losses shall, after making
settlement with the tax offices, be allowed to carry forward such losses to the
subsequent years for deduction from their taxable incomes. The duration for
carrying forward losses shall not exceed 5 years.
- Taxable incomes from the
transfer of land use right and transfer of the right to lease land affixed with
infrastructure or architectural objects shall be liable to income tax according
to the provisions of Section C of Circular No. 128/2003/TT-BTC of December 22,
2003 guiding the implementation of the Government’s Decree No. 164/2003/ND-CP
of December 22, 2003 detailing the implementation of the Enterprise Income Tax
Law.
2. Regarding land assignment
with land use levy collection, land rent rates and rental
- Land users in the CIZ may
invest in building infrastructures, conduct production and/or business
activities or provide services, and have rights and obligations corresponding
to the forms of land assignment or lease according to the provisions of land
legislation.
- Investment projects in the CIZ
shall be exempt from land rental for the first 11 years after land lease
contracts are signed and enjoy a land rent rate equal to 30% of that applied in
the region from the 12th year on.
- One-land rent rate regime
shall be applied to land-renting individuals and enterprises, regardless of
whether they are Vietnamese or foreign.
For cases of land re-assignment
or sub-lease not through auctions of land use rights or biddings for projects
involving land use, the Management Board of Moc Bai border-gate economic zone
shall decide on land use levy levels, land rent rates, land use levy or land rent
rate exemption or reduction levels for each project in order to ensure the
investment promotion, on the basis of the land prices decided by the People’s
Committee of Tay Ninh province.
3. Regarding investment credit:
Domestic enterprises of various
economic sectors, which have investment projects on production and/or business
in the CIZ, shall be given priority to borrow the State’s development
investment credit capital, provided with post-investment interest rate supports
or investment credit guarantees under the provisions of the Government’s Decree
No. 106/2004/ND-CP of April 1, 2004 and the Finance Minister’s Decision No.
54/2004/QD-BTC of June 16, 2004 on the State’s development investment credit.
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- Management Board of Moc Bai
border-gate economic zone is allowed to collect assorted charges and fees
corresponding to the tasks authorized by State management agencies according to
current regulations. When being authorized by competent State management
agencies to perform tasks, the Management Board of Moc Bai border-gate economic
zone shall have to notify and register with the tax office of the locality
where it is headquartered the collection of charges and fees for the
performance of such authorized tasks.
- The prices for use of
infrastructure works, public facilities and common services in the CIZ such as
traffic roads, ports, technical infrastructure system, lighting electricity,
electricity, water, communications,… shall be the prices agreed upon by the
infrastructure-dealing enterprises and the users.
- Other taxes, charges and fees
shall comply with the current regulations in the tax laws; the Law on Domestic
Investment Promotion (amended); the Law on Foreign Investment in Vietnam; the
Ordinance on Charges and Fees; and other legal documents.
C. REGARDING
PERSONS TRAVELING THROUGH THE CIZ:
- Domestic and foreign tourists,
when entering the CIZ, may purchase and bring various kinds of goods into the
inland and shall enjoy import tax exemption if the total value of such goods
does not exceed VND 500,000/person/day. If the total value of purchased goods
exceeds the above-said level, goods purchasers shall have to pay import tax for
the excessive quantity according to current law provisions.
Tourists purchasing goods in the
CIZ and bringing them into the inland shall have to make custom declarations at
the custom control station of Moc Bai border gate or the customs control
stations in the CIZ.
The Management Board of Moc Bai
border-gate economic zone shall guide in detail criteria for determining
persons traveling through the CIZ to be tourists after consulting the People’s
Committee of Tay Ninh province.
- Passengers entering Vietnam
through Moc Bai border gate with passports granted by Vietnamese or foreign
competent State agencies, when entering the CIZ, may carry along into Vietnam’s
inland duty-free goods according to the provisions of the Government’s Decree
No. 66/2002/ND-CP of July 1, 2002 on luggage limits applicable to persons on
exit or entry and duty-free imported gifts or presents.
- For transport means on exit,
entry or transit; and goods, luggage and foreign exchange of persons on exit,
entry or transit, customs procedures shall be carried out at the Customs
Sub-Departments of Moc Bai border gate.
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III.
IMPLEMENTATION PROVISIONS
- The People’s Committee of Tay
Ninh province shall have to ensure the full satisfaction of the conditions
prescribed in Clause 3, Section I for the CIZ to enjoy the financial regime
provided for in this Circular. In cases where such conditions are not yet fully
satisfied, the financial regime shall not be applied.
- The People’s Committee of Tay
Ninh province shall direct concerned bodies (border guards, border-gate police,
customs office, tax office, etc.) to enhance their coordination in applying
inspection and supervision measures to combat smuggling and trade fraud acts in
Moc Bai CIZ.
- After two years’
implementation, the People’s Committee of Tay Ninh province shall assume the
prime responsibility for, and coordinate with the Finance Ministry in,
reviewing and evaluating the application of a number of additional financial
preference policies to Moc Bai border-gate economic zone.
- This Circular takes effect 15
days after its publication in the Official Gazette. Any problems arising in the
course of implementation should be reported to the Ministry of Finance for
study and solution.
FOR
THE FINANCE MINISTER
VICE MINISTER
Tran Van Ta