Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

The text is not in the original format.
Back


image
STATE NEWS
REPUBLIC OF INDONESIA

No. 895, 2013 MINISTRY OF INDUSTRIES. Motor Vehicles. Energy-efficient. Affordable. Development. Production.

THE REGULATION OF THE MINISTRY OF INDUSTRY OF THE REPUBLIC OF INDONESIA

NUMBER 33/M-IND/PER/7/2013
ABOUT
FOUR-WHEEL MOTOR VEHICLE PRODUCTION DEVELOPMENT
THE ENERGY-SAVING AND AFFORDABLE PRICE

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF INDUSTRIES OF THE REPUBLIC OF INDONESIA,

Weigh: a.  That in order to support the creation of an economic scale in the production activities of the four-wheel motor vehicle the government needs to develop the independence of the four-wheeled motor vehicle industry in the manufacture of propulsion motors, The transmitter/transaxle (transmission and axle) that is defenseless;
B. That in order to counter the increased demand for energy efficient motor vehicles and affordable prices, there needs to be a strengthening of the industrial capabilities of the motor vehicle as indicated on the letter a with the granting of the facility. in support of industry independence;
c. that under consideration as intended in letter a and letter b need to establish the Regulation Minister of Industry on the Production Development of a Four-energy-efficient Four-wheeled Vehicle And Affordable Price;

Given: 1.  Law No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia in 1984 No. 22, Additional Gazette of the Republic of Indonesia Number 3274);
2. Act No. 8 of 1983 on Supplemental Taxes of Goods and Services and Sales Tax on Luxury Goods (State of the Republic of Indonesia 1983 Number 51, Additional sheet of State of Indonesia Number 3264) as it has Several times changed last by Act No. 18 of 2000 (Indonesian Republic of Indonesia Year 2000 Number 128, Extra sheet of State of Indonesia Number 3986);
3. Act No. 10 of 1995 on Kepabeanan (Sheet of State of the Republic of Indonesia of 1995 Number 75, Additional Gazette Republic of Indonesia Number 3612) as amended by Law No. 17 of 2006 (State Sheet) Republic of Indonesia Year 2006 Number 93, Additional Gazette Republic of Indonesia Number 4661);
4. Government Regulation No. 145 Year 2000 on the Group of Luxury Taxable Goods that are charged with the Sale of Luxury Goods (sheet Of State Of The Republic Of Indonesia In 2000 Number 261, Additional Sheet Of State Of The Republic Of Indonesia) Number 4063) as it has been several times last modified with the Regulation of the Government of Indonesia Number 12 Year 2006 (State Gazette of the Republic of Indonesia Year 2006 Number 31. Additional Gazette of the Republic of Indonesia Number 4619);
5. Government Regulation No. 41 of 2013 of the Luxurious Goods Tax-a Motorized Vehicle Charged With Tax On Luxury Goods;
6. Presidential Regulation No. 28 of 2008 on National Industrial Policy;
7. Regulation of the President of the Republic of Indonesia No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended last several times with the Regulation of the President of the Republic of Indonesia No. 91 of 2011;
8. Regulation of the President of the Republic of Indonesia No. 24 Year 2010 on Occupation, Duty and Functions of the Ministry of State as well as the Organizational Organization, the Task and Functions of the Ministry of State as it has been several times amended last with the Regulation President of the Republic of Indonesia No. 92 of 2011;
9. Decision by Minister of Industry and Trade Number 276/MPP/Kep/6/1999 on the Registry of Type and Motor Vehicle Variants;
Ten. Regulations Minister of Industry No. 123/M-IND/PER/10/2009 on the Map Guide of the Four-wheel Motor Vehicle Roadmap, Energy-efficient And Affordable Prices Of Motor Vehicle Industries;
11. Regulations Minister Perindustrian Number 59/M-IND/PER/6/2010 about the Motor Vehicles Industry;
Twelve. The Regulation of the Ministry of Industry Number 105/M-IND/PER/10/2010 on the Organization and the Working Governance of the Ministry of Industry;
Thirteen. Regulations Minister Perindustrian Number 64/M-IND/PER/7/2011 on the types of industry in the coaching of the Directorate General and Agency in the Ministry of Industry environment;

DECIDED:

establish: MINISTRY OF MINISTRY ' S REGULATIONS ON THE DEVELOPMENT OF ENERGY-EFFICIENT FOUR-WHEEL MOTOR VEHICLE PRODUCTION AND AFFORDABLE PRICES.

PART I
General provisions
Section 1
In this Minister ' s Rule, which is referred to:
1. The development of the Energy-efficient Four-wheel Motor Vehicle Production and Affordable Price (PPKB) is the Production Vehicle Production Program with the delivery of a Value Compensation Tax. Top of the Mewah (PPnBM).
2. Motor Vehicles is a four-wheeled motor vehicle driven by the engineering equipment (driving motor) that exists on the motor vehicle in question.
3. An energy efficient four-wheel motor vehicle and the subsequent affordable price (KBH2) is a motor vehicle of less than 10 (ten) people including drivers (other than a sedan or station wagon) with a system 1 (one) The gandar drives (4x2) and meet the requirements set by the Minister.
4. The motor vehicle in incomplete unraveling state (IKD) is a motor vehicle in the state of uncomplete and uncomplete, and does not have the main nature of the motor vehicle in question.
5. Motor Vehicles Industrial Vehicles is an industrial company established and operating in Indonesia as well as having a four-wheeled motorized vehicle industrial permit.
6. The motor vehicle component is part of the vehicle to enable motor vehicles.
7. Components of industrial components is an industrial company established and operating in Indonesia as well as having an Industrial Business License or Industrial List Sign to create a motor vehicle component.
8. Manufacturing is the process of manufacturing of a motor vehicle component by the motor vehicle industry and/or domestic component industry for the purposes of production of KBH2.
9. Minister is the Minister who organizes government affairs in the field of Industry.
10.Director General is Director General of High-tech-Based Flagship Industry.
11.Surveyor is an independent surveyor appointed by the Minister to conduct industrial verification activities in order to perform the PPKB.

SECTION II
The Energy-saving Four-Wheel Motor Vehicle And
The Affordable price
Section 2
(1) PPKB is intended for the Motor Vehicles Industry which meets the provisions as follows:
a. the terms of the manufacturing step and use of the KBH2 component that are set out in the Technical Directive of the Regulation of this Minister
B.   Motor vehicle fuel consumption provisions as follows:
1) Fire cetus motors with a 980 cc cylinder charge capacity up to 1200 cc with at least 20 km/s of oil or other equivalent fuel consumption;
2) Fuel compression (diesel) cylinder load capacity up to 1500 cc and fuel consumption of at least 20 km/litre or other equivalent fuel;
c. The technical provisions of the motor vehicle include a revolving radius (turning radius), the lowest distance from the ground level (ground clearance), and other technical provisions set in the Technical Guidance of the Minister's Rules Act;
D.   the use of additional Indonesian brands, models and logos that reflect Indonesia on KBH2; and
e. The cost of selling KBH2 is Rp. 95,000,000 (ninety-five million rupiah) based on the location of the headquarters of the Brand Holder's Agent.
(2) The provisions of the oil fuel as referred to in paragraph (1) letter b must meet the minimum specifications as follows:
a. Research Octane Number (RON) 92 to motor fire cetus fire; and
B. Cetane Number (CN) 51 for the motor flame compression (diesel) motor.
(3) More terms on the use of the Indonesian brand addition and the model name as referred to in paragraph (1) the letter d is governed in the Technical Guide of this Minister's Regulation.
(4) The price price as referred to in paragraph (1) of the letter e represents the submission price to the consumer prior to the regional tax, the Customs Name (BBN), and the Motor Vehicle Tax (PKB).
(5) The price point as referred to in paragraph (1) the letter e may be adjusted if:
a.  There are changes to the economic conditions/indicators that are reflected by the amount of inflation, the Rupiah exchange rate and/or the raw material price;
B.   KBH2 uses automatic transmission technology; and/or
C.   KBH2 uses passenger safety technology.
(6) Changes to the economic conditions/indicators mirrored by the amount of inflation, the Rupiah exchange rate and/or the default material price as referred to in paragraph (5) the letter a, refers to:
a. Statistics Central Agency data for inflation magnate;
B. middle kurs value of Bank Indonesia for the Rupiah exchange rate; and
c. verification of Surveyor verification for the search for raw materials prices.
(7) The price adjustment as referred to in paragraph (5):
a. maximum b letter of 15%; and
B. maximum c font of 10%
from the price of KBH2 as referred to in paragraph (1) letter e.

Article 3
The price of KBH2 as referred to in Article 2 of the paragraph (1) the letter e after it is adjusted under the terms of Section 2 of the paragraph (5) and paragraph (7) and has been designated as the price of KBH2 the recipient of the taxation facility may be rechanged every 1 (one) the year after being issued the designation of the recipient of a taxation facility by the Minister under the terms as referred to in Article 2 of the paragraph (5) letter a.

Section 4
(1) The fulfillment of the price provision as referred to in Section 2 of the paragraph (1) of the letter e and paragraph (4) by the applicant designation of the recipient of the taxation facility is poured in the KBH2 Price Statement as referred to in Appendix I (Form M-1) The rules of this Minister.
(2) The Statement of Remarks as referred to in paragraph (1) is required to be attached at the time of submission of the application of the beneficiary of the taxation facility.
(3) The proof of fulfilment of the provisions as referred to in Article 2 of the paragraph (1) the letter e and verse (4) by the applicant designation of the recipient of the taxation facility carried out the Ministry with the task and the function of providing a tax facility.

Part III
Development Development Of A Frugal Four Wheel Motor Vehicle
Energy And Affordable Prices
Section 5
The designation of the Motor Vehicle Industry Company to obtain the taxation facility through two stages, namely:
a. Redemption by the Minister as a PPKB participant; and
b. Redemption by the Minister as KBH2 beneficiary of the taxation facility.

Sub-Part First
The Assignment Of Motor Vehicle Production Development Participants
Wheels Four Energy Efficient And Affordable Prices
Section 6
(1) Redemption as a PPKB participant as referred to in Article 5 of the letter a by request as a PPKB participant.
(2) Requests as referred to in paragraph (1) are submitted by the Motor Vehicle Industry Company to the Minister.
(3) Requests as referred to in paragraph (2) are equipped with:
a.   copy of the Company's Establishment Acte and its changes;
B.   Copy of the Industry and/or Extension Permit that has been legalized by the authorized agency;
c. copy the Required Subject Number (NPWP);
D.   copy of the Company List Mark (TDP) which is legalized by the authorized instance;
e.   Business Plan (Business Plan) is made up of:
1) investment plan;
2) manufacturing plans of motor drive, transmission/transaxle (transmission and axle); and
3) plan the use of other motor vehicle components;
by using the format as referred to in Appendix I of this Minister Rule.
(4) Statement of plan (Business plan) as referred to in paragraph (3) the letter e is required to be signed by the official of the Principal Director.
(5) Other motor vehicle component use plans as referred to in paragraph (3) of the letter e number 3) are further set forth in the Technical Guidance of the Minister of this Regulation.
(6) The Director General on behalf of the Minister publishes the Letter of Penetration Participant of PPKB, at least 12 (twelve) days of work since the receipt of the letter of the Order of the Order as referred to in paragraph (3) in full and correct including Field review if required.
(7) The order of submission of a request as a participant's company as referred to in paragraph (1) is further set forth in the Technical Guidance of the Minister of this Regulation.

Second Sub Part
Energy Efficient Four-Wheel Motor Vehicle Designation And
Affordable Price As A Prospective Facility Recipient
Section 7
(1) The Redemption of KBH2 as a prospective recipient of the facility as referred to in Article 5 of the letter b is granted under the request.
(2) Requests as referred to in paragraph (1) are submitted to the Minister.
(3) Requests as referred to in paragraph (2) are submitted for the type of the KBH2 model that meets the provisions as referred to in Section 2 of the paragraph (1) letter b and letter c.
(4) The letter of the invocation as referred to in paragraph (1) is equipped with:
a.   fuel consumption test results, technical test results, visual evidence of additional use of the Indonesian brand, model and logo reflecting Indonesia as referred to in Section 2 of the paragraph (1) letter b, letter c, and letter d;
B.   realization of investment, manufacturing motor drives and transmission/transaxle (transmission and axle) and the use of other components as referred to in Article 6 of paragraph (3) letter e;
c. The letter of the Statement of Paragraph is sufficient that the sale price of the KBH2 is the sale price to the consumer as referred to in Article 2 of the paragraph (4).
D.   Verification results for fulfillment of the conditions referred to in the letter a and the letter b performed by Surveyor.

Section 8
(1) Verification as referred to in Section 7 of the paragraph (4) of the d is performed under the request of the applicant company.
(2) Verification is performed on the execution of the provisions as referred to in Section 7 of the paragraph (4) of the letter a, letter b, and the letter c.
(3) The results of the Verification as referred to in Section 7 of the paragraph (4) of the d at least contain the conformance information:
a.   the authenticity of the permissions document;
B.   PPKB participant's assignment;
c. installed capacity and production facilities;
D.   brand, type, model, type, and vehicle variant produced;
e.   the results of the fuel consumption test, technical provisions and additional use of the Indonesian brand, model and logo of a four-wheeled vehicle, as referred to in Article 2 of the paragraph (1); and
f.    the realization of a business plan as referred to in Section 6 of the paragraph (3) of the letter e.

Section 9
(1) The Minister publishes the Designation KBH2 Beneficiary of the Taxation Facility, selambat –slowest 12 (twelve) days of work since the acceptance of the letter is complete and correct.
(2) In publishing the Letter of KBH2 The recipient of the Taxation Facility as referred to in paragraph (1) the Minister may bestow the issuer of the issuer of the Letter of KBH2 Beneficiary of the Taxation Facility to the Director General Industrial tamper.
(3) Based on the designation as referred to in paragraph (1) the Minister convees the designation of KBH2 the recipient of a taxation facility to the Minister who organizes the government in the field of finance.

Third Sub-Part
Motor Vehicle Production
Section 10
(1) The PPKB participant as referred to in Article 5 of the letter a, for production activities may import the IKD.
(2) The IKD provisions for the purpose of production as referred to in paragraph (1) are further regulated in the Ministerial Ordinance.

Section 11
The Four-wheel Motor Vehicle Industry Company that is getting designation as Taxation Facility for KBH2, every 1 (one) year since the specified date is required to report things as follows:
a. The realization of a Business Plan as referred to in Section 6 of the letter e by using the format referred to in Appendix II-1, Appendix II-2, and Appendix II-3 of this Minister's Regulation;
B. realization of the production of KBH2 which includes the number, brand, type, model, type and variant with the use of the format as referred to in Annex I (Form M-2) of the Regulation of this Minister; and
c. fulfillment of the provisions in Section 2 of the paragraph (1) letter b, letter c, letter d, and letter e;

Article 12
The cost of verification conducted by the Minister ' s designated Surveyor is charged on the participants of the PPKB verification applicant.

Section 13
(1) The Director General conducts oversight over the implementation of the implementation of PPKB every 6 (six) months.
(2) In carrying out the supervision as referred to in paragraph (1) the Director General can assign Surveyors.

Section 14
(1) The Minister may submit a proposal for the revocation of the taxation facility to the Minister who organizes the Finance of the Government's affairs if the PPKB Participant is obtaining the designation as the Receivable Taxation Facility for The KBH2 produced does not meet the provisions as referred to in Article 11 in the term of 1 (one) year.
(2) The Minister submitted a proposal for the revocation of the taxation facility to the Minister holding government affairs in the field of Finance if the PPKB Participant had obtained a taxation facility for KBH2 could not meet the the terms of the manufacturing and technical terms in Section 2 of the paragraph (1).

Section 15
The Director General sets out the Technical Guidance of the Implementation of this Minister ' s Regulation.

Article 16
The provisions in this Ministerial Regulation can be reviewed based on the development and needs of industrial coaching.

Article 17
The Regulation of the Minister comes into effect on the date of the promulctest.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on July 1, 2013
MINISTRY OF INDUSTRY
REPUBLIC OF INDONESIA,

MOHAMAD S. HIDAYAT

It is promulred in Jakarta
on 5 July 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN



Attachment: bn895-2013