THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 147/2004/ND-CP
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Hanoi, July 23,
2004
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DECREE
DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON INCOME TAX
ON HIGH-INCOME EARNERS
THE GOVERNMENT
DECREES:
Chapter I
SCOPE OF APPLICATION
Article 1.-
According to Article 1 of the Ordinance on Income Tax on High-Income Earners
(hereinafter referred to as the Income Tax Ordinance), income tax payers
include:
1. Vietnamese citizens who live
at home or travel overseas for working missions or labor and earn income;
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3. Foreigners working in
Vietnam, including those who do not live in Vietnam but have their income
generated in Vietnam.
Article 2.-
Taxable incomes include regular and irregular incomes, except for those
prescribed in Article 4 of this Decree.
1. Regular incomes include:
a/ Wages, salaries,
remunerations, including income amounts being house rents, electricity and
water charges, which are paid by the income earners’ employers and not
calculated in wages or remunerations. Particularly, house rents shall be
calculated according to the amounts actually paid by employers but must not
exceed 15% of the total taxable income; other incomes earned through
participation in projects, business societies or enterprises’ managing boards;
assorted allowances and rewards in cash or in kind;
b/ Incomes being copyright
royalties for use of patents, trademarks or works; incomes being authors’
emoluments; incomes being scientific and technical service charges; informatics
services; consultancy, designing and training services; agency services;
brokerage commissions;
c/ Incomes other than wages or
remunerations, earned from production, business or service activities, which
are not subject to enterprise income tax, such as: incomes from activities of
performance, performance organization, fashion shows, advertisements and other
services.
2. Irregular incomes include:
a/ Incomes from technology transfer,
excluding gifts or donations;
b/ Lottery prizes in any form,
including sale promotion prizes.
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Article 4.-
Incomes not subject to tax include:
1. The following allowances,
which are provided for by the Vietnamese State for incomes generated in
Vietnam, including:
a/ Itinerancy allowance;
b/ Poisonousness and
hazardousness allowances;
c/ Position or responsibility
allowance applicable to officials and State employees;
d/ Region-based allowance;
job-attraction allowance; special allowance for a number of remote islands and
border regions with particularly difficult daily-life conditions;
e/ Seniority allowance for the
armed forces, customs and cipher offices;
f/ Specific allowances for a
number of branches and occupations as prescribed by law;
g/ Preferential allowance for
officials engaged in revolutionary activities before 1945;
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2. Other incomes generated in
Vietnam, including:
a/ Working trip allowance;
b/ Food ration expenses for a number
of special branches and occupations according to the State-prescribed regime;
c/ Social supports for social
policy benefi-ciaries and other subsidies from the State budget;
d/ Insurance indemnities for
participants in life and property insurance regimes;
e/ Severance supports and
job-loss supports according to the State-prescribed regimes;
f/ Supports for those who are
transferred to work at production and/or business establish-ments, including
lump-sum regional transfer supports;
g/ Pecuniary rewards for
technical innova-tions, inventions, international prizes and national prizes
organized by the Vietnamese State;
h/ Pecuniary rewards
accompanying the State-conferred titles, such as: Professor, People’s Teacher,
Labor Hero, People’s Armed Forces Hero and other State-conferred titles;
pecuniary rewards or other preferential treatment regimes from the State
budget;
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3. Incomes of individual
business household owners, which are subject to enterprise income tax.
Chapter II
TAX CALCULATION BASES
AND TAX RATE TABLES
Article 5.-
Bases for tax calculation are the taxable incomes and the tax rates.
Article 6.-
Taxable incomes
1. Taxable regular incomes:
a/ For Vietnamese citizens:
- For Vietnamese citizens and
other individuals permanently residing in Vietnam: Taxable regular income is
the total income earned by each individual and calculated on a monthly average
in a year, which is over VND 5 million. Particularly, singers, circus artists,
dancers, footballers and professional athletes shall enjoy a deduction of 25%
from their incomes when determining their taxable incomes;
- For Vietnamese citizens who
work both at home and abroad, their taxable average monthly incomes shall be
determined by the total incomes generated at home and abroad divided by 12
months.
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- For foreigners residing in
Vietnam and Vietnamese citizens working or laboring abroad, the taxable regular
income is the total of incomes generated in Vietnam and abroad and calculated
on a monthly average in a year, which is over VND 8 million.
In cases where the declared
monthly average income generated abroad is lower than that generated in Vietnam
and this cannot be proved, the monthly average income in Vietnam shall serve as
basis for calculating the income generated during the overseas stay period.
The conventional tax calculation month has 30 days.
- For foreigners not residing in
Vietnam, their taxable income is the total income generated in Vietnam, paid
for jobs performed in Vietnam, regardless of whether they receive such income
in Vietnam or abroad.
Foreigners shall be regarded as
residing in Vietnam if they stay in Vietnam for 183 days or more in the period
of 12 months as from the date of their arrivals in Vietnam; and regarded as not
residing in Vietnam if they stay in Vietnam for less than 183 days in the same
period.
2. Taxable irregular incomes:
a/ Incomes from technology
transfers with the value of over VND 15 million for each contract, regardless
of the number of payment times;
b/ Lottery prizes in any form,
including sale promotion prizes, with the value of over VND 15 million for each
time of prize winning and reception.
Article 7.-
Tax rates
1. Tax rates applicable to
regular incomes:
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Calculation unit: VND 1,000
Grade
Monthly average income/person
Tax
rate (%)
1
Up to 5,000
0
2
Between over 5,000 and 15,000
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3
Between over 15,000 and 25,000
20
4
Between over 25,000 and 40,000
30
5
Over 40,000
40
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Calculation unit: VND 1,000
Grade
Monthly average income/person
Tax
rate (%)
1
Up to 8,000
0
2
Between over 8,000 and 20,000
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3
Between over 20,000 and 50,000
20
4
Between over 50,000 and 80,000
30
5
Over 80,000
40
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d/ For Vietnamese citizens who
earn in a tax calculation year their incomes both at home and abroad, the
monthly average income generated at home shall be subject to the tax rate table
specified at Point a, Clause 1 of this Article, while the income amount
generated abroad shall be subject to the tax rate table specified at Point b,
Clause 1 of this Article.
2. Tax rates applicable to
irregular incomes shall be determined on the basis of the total taxable income:
a/ The tax rate of 5% shall
apply to incomes from technology transfer;
b/ The tax rate of 10% shall
apply to incomes being lottery prizes or sale promotion prizes.
Article 8.-
Income amounts in foreign currencies must be converted into Vietnam dong at the
average transaction exchange rates on the inter-bank foreign currency market
announced by the State Bank at the time the foreign-currency incomes are
generated for calculating taxable incomes. Incomes in kind shall be calculated
at their market prices at the time they are generated.
Chapter III
TAX DECLARATION, PAYMENT
AND FINAL SETTLEMENT
Article 9.-
Organizations and individuals that pay incomes or agencies authorized to pay
incomes (called income-paying agencies for short) shall make the income tax
registration, declaration, payment and final settlement according to the
guidance of the tax agencies.
Article
10.- The income tax declaration and payment shall be carried out according
to the withholding principle. Income-paying agencies are obliged to withhold
tax money before paying incomes to tax payers for payment of tax amounts on the
latter’s behalf to the State budget.
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Article 12.-
Income-paying agencies shall have the following responsibilities, obligations
and interests:
1. To register, declare,
withhold and remit income tax in full and on time into the State budget; make
integrated tax declaration and calculation tables, and submit to the tax
agencies the lists of income tax payers;
2. To guide tax payers in
receiving income tax declaration forms, making income tax declarations, payment
and final settlement with the tax agencies;
3. To keep books and records
related to the income tax declaration, calculation and payment, and observe the
periodical reporting regime and report on tax final settlement with the tax
agencies;
4. To calculate tax, withhold
tax money, calculate remuneration amounts to be enjoyed and remit tax into the
State budget;
5. To give income tax receipts
to tax-paying individuals; to manage, use and settle tax receipts according to
the prescribed regime;
6. To withhold tax money and
enjoy a remuneration of 0.5% of tax amount on regular incomes, or 1% of tax
amount on irregular incomes, before remitting tax into the State budget.
Article
13.- Organizations that manage and/or pay incomes to foreigners shall have
to guide and complete the procedures for income tax payment before carrying out
the exit procedures for such foreigners.
Foreigners being income tax
payers shall, before leaving Vietnam, have to produce income tax payment
receipts.
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Chapter IV
TAX EXEMPTION OR
REDUCTION
Article 15.-
Income tax exemption or reduction shall be considered for:l
1. Cases where tax payers suffer
damage or losses caused to their property, incomes and lives by natural
calamities, enemy sabotage or accidents. The level of tax exemption or
reduction to be considered shall correspond to the damage or loss extents but
must not exceed the payable tax amount;
2. In special cases where the
tax payment by individuals affects the national economic, political and/or
social interests, the Finance Ministry shall propose the Prime Minister to
decide on tax exemption or reduction on a case-by-case basis.
The Finance Ministry shall
prescribe the procedures for income tax exemption or reduction provided for in
this Article.
Chapter V
HANDLING OF VIOLATIONS
AND COMMENDATION
Article 16.-
Tax payers, tax officers and other organizations and individuals that violate
the legislation on income tax on high-income earners shall, depending on their
acts and seriousness of violation, be handled according to the provisions of
Articles 21, 23 and 24 of May 19, 2001 Ordinance No. 35/2001/PL-UBTVQH10 on
Income Tax on High-Income Earners of the National Assembly Standing Committee.
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Chapter VI
COMPLAINTS AND STATUTE
OF LIMITATIONS
Article 18.-
Organizations and individuals may lodge complaints about the improper
implementation of the legislation on income tax on high-income earners to them.
Complaints must be sent to the
tax agencies directly managing them or issuing handling decisions within 30
days after the receipt of tax money-withholding notices, tax notices,
collection orders or handling decisions.
Pending the settlement of their
complaints, complainants shall still have to pay in full and on time the
notified tax and fine amounts.
Complaint-receiving agencies
shall have to consider and settle complaints within 15 days after receiving
them. For complicated cases, that time limit may be extended but must not exceed
30 days after the receipt of complaints. For cases falling beyond their
settling competence, they must transfer dossiers thereof or report thereon to
competent agencies for settlement and notify such to the complainants within 10
days after receiving complaints.
Article 19.-
In cases where the complainants disagree with the complaint-settling decisions
of the complaint-receiving agencies or past the time limits prescribed in
Article 18 of this Decree the complaint-receiving agencies have not yet settled
them, the complainants may lodge their complaints to the immediately superior
agencies of the complaint-receiving agencies.
Article
20.- Tax agencies shall have to reimburse tax or fine amounts collected in
contravention of regulations and pay compensations (if any) within 15 days
after receiving settling decisions of superior authorities or competent
agencies according to law provisions.
Article 21.-
When detecting and concluding that there exist false declarations for tax
evasion or tax-related mistakes, the tax agencies shall have to retrospectively
collect tax or fine or reimburse tax amounts collected within five years prior
to the date of inspecting and detecting the false declarations for tax evasion
or the tax-related mistakes. For individuals who fail to register, declare or
pay tax, the time limit for retrospectively collecting tax or fines shall be
counted from the date the taxable income is generated.
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IMPLEMENTATION PROVISIONS
Article 22.-
In cases where international agreements which Vietnam has signed or acceded to
contain provisions on income tax payment different from those of this Decree,
the provisions of such international agreements shall apply.
Article
23.- This Decree takes effect 15 days after its publication in the Official
Gazette and replaces the Government’s Decree No. 78/2001/ND-CP of October 23,
2001 detailing the implementation of the Ordinance on Income Tax on High-Income
Earners.
The income tax declaration and
calculation made before July 1, 2004 shall comply with the provisions of the
Government’s Decree No. 78/2001/ND-CP of October 23, 2001. As from July 1,
2004, such activities shall comply with the provisions of this Decree.
Article 24.-
The Finance Minister shall have to organize and inspect the collection of
income tax nationwide; settle complaints and denunciations about income tax
falling under his/her competence.
Article
25.- The Finance Ministry guides the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the People’s Committees of the provinces and centrally-run
cities shall have to implement this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai