Regulation Of The Minister Of Industry Number 33/m-Ind/per/7/2013 2013

Original Language Title: Peraturan Menteri Perindustrian Nomor 33/M-IND/PER/7/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5189677c208431313233363230.html

BN 895-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 895, 2013 the MINISTRY of INDUSTRY. Motor Vehicle. Energy Efficient. Affordable. Development. The production.
REGULATION of the MINISTER of INDUSTRY of the REPUBLIC of INDONESIA NUMBER 33/M-IND/PER/7/2013 REGARDING the DEVELOPMENT of the PRODUCTION of FOUR-WHEELED MOTOR VEHICLE that is ENERGY EFFICIENT and AFFORDABLE PRICES with the GRACE of GOD ALMIGHTY MINISTER of INDUSTRY of the REPUBLIC of INDONESIA, Considering: a. that in order to support the creation of the achievement scale economical activities in the production of four-wheeled motor vehicles the Government needs to develop the independence of the four-wheeled motor vehicle industry in the manufacture of motor movers , transmission/transaxle (transmission and axle) that empowered competitiveness;
b. that, in order to confront the trend increase in demand for motor vehicles that are affordable and energy efficient then it needs to be done for the strengthening of the ability of the motor vehicle industry as stated on the letter a with the granting of facilities that support the self-sufficiency of industry;
c. that based on considerations as referred to in letter a and letter b needs to set a regulation of the Minister of industry regarding the development of the production of four-wheeled motor vehicle that is energy efficient and affordable prices;
Remember: 1. Act No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia number 22 in 1984, an additional Sheet of the Republic of Indonesia Number 3274);
2. Law number 8 in 1983 about the value added tax and goods and services sales tax over luxury goods (State Gazette of the Republic of Indonesia Number 51 in 1983, an additional sheet of the Republic of Indonesia Number 3264) as it has several times changed with Act No. 18 of 2000 (State Gazette of the Republic of Indonesia Number 128 in 2000, an additional sheet of the Republic of Indonesia Number 3986);
3. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional Sheet of the Republic of Indonesia Number 3612) as amended by Act No. 17 of 2006 (State Gazette of the Republic of Indonesia Number 93 in 2006, an additional Sheet of the Republic of Indonesia Number 4661);
4. Government Regulation Number 145 in 2000 about the Taxable Goods Groups that belong to the Luxury sales tax Charged over luxury goods (State Gazette of the Republic of Indonesia Number 261 in 2000, an additional Sheet of the Republic of Indonesia Number 4063) as it has several times the last modified by regulation of the Government of the Republic of Indonesia No. 12 Year 2006 (Gazette of the Republic of Indonesia year 2006 Number 31. An additional Sheet of the Republic of Indonesia Number 4619);
5. Government Regulation Number 41 by 2013 on Taxable Goods that belong to Luxury in the form of a motor vehicle that is subject to tax on luxury goods;
6. Presidential regulation Number 28 in 2008 of national Industrial Policy;
7. Regulation of the President of Republic of Indonesia Number 47 in 2009 on the establishment of Ministries and organizations as it has several times changed the last presidential regulation of the Republic of Indonesia Number 91 in 2011;
8. the President of Republic of Indonesia Regulation Number 24 of 2010 about the position, duties and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries as last amended several times with the President of the Republic of Indonesia Regulation Number 92 in 2011;
9. The decision of the Minister of industry and trade Number 276/MPP/Kep/6/1999 of Variant type and Registration of motor vehicles;
10. Regulation of the Minister of industry no. 123/M-IND/PER/10/2009 on Map Guide Roadmap four wheel motor vehicles, energy-efficient and affordable prices for Motor Industry Cluster;
11. Regulation of the Minister of industry number 59/M-IND/PER/6/2010 about motor vehicle Industry;
12. Regulation of the Minister of industry Number 105/M-IND/PER/10/2010 about the Organization and the Work of the Ministry of industry;
13. the regulation of the Minister of industry number 64/M-IND/PER/7/2011 about the types of industry in the construction of the Directorate General and the Agency on the Environment Ministry of industry;
Decide: define: REGULATION of the MINISTER of INDUSTRY REGARDING the DEVELOPMENT of the PRODUCTION of FOUR-WHEELED MOTOR VEHICLE that is ENERGY EFFICIENT and affordable prices.
Part I General provisions article 1 In this regulation of the Minister, is: 1. The development of the production of four-wheeled motor vehicle that is energy efficient and affordable prices which further shortened PPKB is a production of the motor vehicle Development Program by granting facilities in the form of value added tax relief over luxury goods (PPnBM).
2. The motor vehicle is a four-wheeled motor vehicle that is driven by the engineering equipment (motor movers) are on the motor vehicle in question.
3. four-wheeled motor vehicle that is energy efficient and affordable prices which further abbreviated KBH2 is a motor vehicle transport people less than 10 (ten) persons including the driver (other than a sedan or station wagon) with one (1) axle movers (4 x 2) and meet the requirements set by the Minister.
4. The motor vehicle is in a State of unraveling did not complete the abbreviated IKD is a motor vehicle in the State was dismantled into sections are incomplete and do not have the main properties of the motor vehicle in question.
5. Motor Vehicle Industry Companies are industrial enterprises that were established and operate in Indonesia and have business license four-wheeled motor vehicle Industry. 6. the motor vehicle Component is part of the vehicle to function as a motor vehicle.
7. Industrial components are industrial enterprises that were established and operate in Indonesia and have a business license or a sign of Industry list of Industry to make motor vehicle components.
8. Manufacturing is the process of creating components/parts motor vehicle motor vehicle industry by the company and/or the industry component of the domestic production for purposes of KBH2. 9. the Minister is the Minister of the organizing Affairs of the Government in the field of industry.

10. The Director General is the Director General of the High technology-based Flagship Industries.
11. the Surveyor is an independent surveyor appointed by the Minister to conduct the verification activities of the industry in the framework of implementation of the PPKB.
PART II four-wheeled motor vehicle that is energy efficient and affordable prices article 2 (1) is intended for industrial PPKB motorists who meet the following conditions: a. the provisions of phases of manufacturing and usage of KBH2 component under the instructions of technical implementation of this Ministerial Regulation;
b. the provisions of the motor vehicle fuel consumption as follows:

1) motor fuel cetus fire with 980 cc displacement capacity up to 1200 cc with fuel oil consumption by at least 20 km/litre other fuels or equivalent;

2) motor fuels the flame of compression (diesel) displacement capacity up to 1500 cc and oil fuel consumption at least 20 km/litre other fuels or equivalent;
c. technical provisions of the motor vehicles in the form of a radius swivel (turning radius), the lowest distance from the surface of the ground (ground clearance), and the other technical provisions are set forth in the technical guide the implementation of the regulation of the Minister; d. the use of additional brands, models and Indonesia logo reflecting Indonesia at KBH2; and e. KBH2 sale price quantity extended Rp 95,000, 000 (ninety-five million rupiah) based on the location of the headquarters of the agent of the holder of the Trademark.
(2) the provisions of the fuel oil as referred to in paragraph (1) letter b must meet minimum specifications are as follows: a. Research Octane Number (RON) 92 for motor fuel cetus fire; and b. the Cetane Number (CN) 51 for motor fuels the flame of compression (diesel).
(3) the provision of more information about the additional use of the brand name and model of Indonesia as intended in paragraph (1) the letter d is set out in the Technical Instructions of this Ministerial Regulation.
(4) the magnitude of the price as referred to in paragraph (1) the letter e is the price the consumer prior to submission to the local tax, duties behind the name (BBN), and motor vehicle Taxes (PKB).
(5) the magnitude of the price as referred to in paragraph (1) the letter e can be adjusted if: a. the occurred changes in the condition of economic indicators/mirrored with the magnitude of inflation, the exchange rate of the Rupiah exchange rate and/or the price of raw materials; b. KBH2 use automatic transmission technology; and/or c.  KBH2 passenger safety technology.
(6) changes in conditions/economic indicators reflected with the magnitude of inflation, the exchange rate of the Rupiah and/or the price of the raw materials referred to in subsection (5), the letter a refers to: a. the data of the Central Bureau of statistics for the magnitude of inflation;

b. the value of the Bank Indonesia Middle exchange rate for the Rupiah's exchange rate; and c. a verification result Surveyor for search prices of raw materials.
(7) the price adjustment as referred to in subsection (5): a. the letter b to a maximum of 15%; and b. the letter c to a maximum of 10% of the price of KBH2 as referred to in paragraph (1) letter e. Chapter 3 Price KBH2 as referred to in article 2 paragraph (1) letter e after adjusting based on the provisions in article 2 paragraph (5) and subsection (7) and has been designated as the recipient of the tax facilities KBH2 price can be altered back every one (1) year after the receiver determination issued by the Ministry of taxation of facilities based on the provisions referred to in article 2 paragraph (5) the letter a.

Article 4 (1) fulfillment of the provisions of the price as referred to in article 2 paragraph (1) of the letters e and paragraph (4) by an applicant for the designation of the recipient facility taxation poured in Waiver Price KBH2 referred to in Annex I (Form M-1) Regulation of the Minister.
(2) an affidavit referred to in subsection (1) is required at the time of the filing of the petition attached to the determination of the recipient of the tax facilities.
(3) Proof of fulfillment of the provisions referred to in article 2 paragraph (1) of the letters e and paragraph (4) by an applicant for the designation of the recipient facility taxation done ministries has the duties and functions provide facility taxation.
Part III the development of production of four-wheeled motor vehicle that is energy efficient And Affordable article 5 Designation of the motor vehicle Industry Companies to get tax facilities through two stages, namely: a. the determination by the Minister as a participant PPKB; and b. a determination by the Minister as a KBH2 the recipient facility taxation.

The first subsection the determination of the participants of the development of the production of four-wheeled motor vehicle that is energy efficient And Affordable article 6 (1) the determination as participants PPKB as stipulated in article 5 letter a upon petition as participants PPKB. (2) the Application referred to in subsection (1) be filed by the company in the motor vehicle Industry to the Minister.
(3) the Application referred to in subsection (2) are equipped with: a. a copy of the Company Statute and changes;

b. copy of business license and/or Permit Industrial Expansion that had been legalized by the establishments authorized;

c. copy the number of principal Taxpayers (NPWP);

d. copy the sign companies list (TDP) which legalized by establishments authorized;
e. the statement of plan business activities (Business Plan) that consisted of: 1) investment plan;

2) manufacturing plan in the form of propulsion motor, transaxle/transmission (transmission and axle); and 3) plan the use of the other motor vehicle components;

using the format referred to in Annex I of the regulation of the Minister.
(4) the statement of plan business activities (Business plan) as referred to in paragraph (3) the letter e compulsory signed by Director-level officials.
(5) a plan of the use of any other motor vehicle components as referred to in paragraph (3) the letter e number 3) is set further in the Technical implementation of the regulation of the Minister.
(6) the Director-General on behalf of the Minister publishes a letter Designation Participants PPKB, no later than 12 (twelve) working days since the receipt of the letter pemohonan file referred to in paragraph (3) of the complete and correct including the review of the field if needed.
(7) the procedures for the submission of application as the company participant referred to in subsection (1) is set further in the technical guide the implementation of the regulation of the Minister.
Sub part two four-wheeled motor vehicle Assignment that is energy efficient And Affordable as a potential recipient of the Facilities of article 7 (1) the determination of the KBH2 as a potential recipient of the facilities referred to in Article 5 and the letter b is granted upon the petition. (2) the Application referred to in subsection (1) is filed with the Minister.
(3) the Application referred to in subsection (2) is submitted to the type of the model KBH2 that meets the conditions referred to in article 2 paragraph (1) letter b and subparagraph c.
(4) the statement referred to in subsection (1) are equipped with: a. fuel consumption test results, test results of the technical provisions, visual additional proof of the use of the brand, model and Indonesia logo reflecting Indonesia as referred to in article 2 paragraph (1) letter b, letter c, and d;
b. realization of investment, manufacturing motorcycle driving and the transmission/transaxle (transmission and axle) and the use of other components as referred to in article 6 paragraph (3) the letter e;
c. part to taste an affidavit stating that the selling price of KBH2 is the sale price to consumers as referred to in article 2 paragraph (4). d. the results of verification of the fulfilment of the provisions referred to above on the letter a and letter b made by the Surveyor.

Article 8 (1) the verification referred to in article 7 paragraph (4) the letter d is done based on the petition of the applicant company.
(2) Verification of the implementation of the provisions referred to in article 7 paragraph (4) letter a, letter b, and the letter c.
(3) the results of the Verification referred to in article 7 paragraph (4) the letter d at the least contain the information compliance: a. the authenticity of the document licensing;

b. letter of determination of the participants of the PPKB;

c. the installed capacity and production facilities;

d. brand, type, model, type, and variants of the vehicle were produced;
e. test results fuel consumption, technical provisions and the use of an additional brand, model and Indonesia logo four-wheeled motor vehicles, as referred to in article 2 paragraph (1); and f.   the realization of the plan of business activities (Business plan) referred to in article 6 paragraph (3) the letter e. Article 9 (1) the Minister publishes the letter Designation of the recipient KBH2 Facilities selambat – taxation, the slowness of 12 (twelve) working days since the receipt of the statement of the complete and correct.
(2) in a published Letter of determination of KBH2 recipients of the tax Facilities as referred to in paragraph (1) the Minister may grant the authority issuing the determination Letter Recipient KBH2 Facilities to the Director General of Taxation Builder industry.
(3) Upon the determination referred to in subsection (1) the Minister conveyed the determination of the KBH2 receiver facilities to the Ministry of taxation deliver governance in finance.
The third subsection of production of motor vehicles article 10 (1) Participants PPKB as stipulated in article 5 a, to the production activity can import IKD.

(2) for the purposes of the production of the IKD Provisions referred to in subsection (1) is set further in the regulation of the Minister.

Article 11 of the company's four-wheeled motor vehicle Industry who get the assignment as the recipient of the tax Facilities for KBH2, any one (1) year from the date set out mandatory reporting things as follows: a. the realization plan of business activities (Business Plan) referred to in article 6 paragraph (3) the letter e by using the format referred to in annex II annex II-1,-2, and annex II-3 this Ministerial Regulation;
b. realization of production KBH2 that include the number, type, brand, model, type and Variant using the format referred to in Annex I (Form M-2) this Ministerial Regulation; and c.  the fulfillment of the provisions of article 2 paragraph (1) letter b, letter c, letter d, and the letter e;

Article 12 verification Costs done by Surveyor appointed Minister charged to participants of the PPKB applicant verification.

Article 13 (1) the Director-General to conduct surveillance over the application of the implementation of the PPKB every 6 (six) months.

(2) in carrying out the supervision referred to in subsection (1) the Director General may assign Surveyors.

Article 14 (1) the Minister may submit a proposal to repeal the tax facilities to the Minister who organized a Government Affairs in the field of Finance in Participants who earned the designation as the PPKB Recipient Tax Facilities for KBH2 produced did not meet the conditions referred to in article 11 for a period of 1 (one) year.
(2) the Minister submits the proposed repeal of the tax facilities to the Minister which organizes the Affairs of Government in finance when Participants PPKB have earned tax facilities for KBH2 can not comply with the technical provisions and manufacturing stages referred to in article 2 paragraph (1).
Article 15 the Director General of the technical Implementation Instructions set a regulation of the Minister.

Article 16 the provisions of this regulation of the Minister can be reviewed on the basis of the development and needs of the construction industry.

Article 17 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on July 1, 2013, INDUSTRY MINISTER of the REPUBLIC of INDONESIA, MOHAMAD s. HIDAYAT of the promulgation in Jakarta on 5 July 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn895-2013 fnFooter ();