LAW.

Edit, add some of the provisions of tax laws

________________

The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Amendment Law, which complements some of the provisions of the Digital Income Tax Law 14 /2008/QH12 modified, added to some things under the Law No. 32 /2013/QH13, Digital income tax law 04 /2007/QH12 modified, added to some things under the Law No. 26 /2012/QH13, Numerate Value Tax Code 13 /2008/QH12 modified, added to some things under the Law No. 31 /2013/QH13, Special consumption tax law 27 /2008/QH12, Digital Tax Code 45 /2009/QH12, Tax Management Law 78 /2006/QH11 modified, added to some things under the Law No. 21 /2012/QH13, Export Tax Code, Digital Import Tax 45 /2005/QH11, Customs Law. 54 /2013/QH13.

What? 1

Edit, add some of the provisions of the Digital Income Tax Law 14 /2008/QH12 modified, added to some things under the Law No. 32 /2013/QH13.

1. Modified paragraph 2 Article 3 as follows:

" 2. Other income includes: income from capital transfer, capital transfer transfer; income from real estate transfer, investment project transfer, transfer of rights to investment projects, transfer of exploration rights, mining, mineral processing; income from the right to the use of property, property ownership, including income from intellectual property rights by law; income from transfer, leasing, property liquation, among which the types of papers are priced; income from deposit, capital loans, and equity. sale of the currency; the outstanding debt collection has been deleted now; the debt payout must be undetermined by the owner; the income from the business of the previous years to be missed and other income.

Vietnam ' s investment in foreign investment in the country moved the income after having paid a business income tax overseas to Vietnam, for countries that Vietnam had signed the Agreement to avoid taxation twice, according to its regulation. The Agreement; for countries where Vietnam has not signed the two-fold tax avoidance Agreement, the case of corporate income tax in countries where businesses move back to a lower corporate income tax rate is to collect the difference from the tax amount. The business is based on Vietnam's corporate income tax law. "

2. Modified, add 1 Article 4 as follows:

" 1. Income from cultivation, breeding, farming, agricultural processing, fisheries, salt production of the cooperative; the income of the cooperative works in the field of agriculture, forestry, fishing, matches at the site of economic conditions-difficult societies. Or in places where economic-social conditions are particularly difficult; the income of the business from farming, breeding, farming, agricultural processing, and fisheries are economically difficult-socially particularly difficult; income from fishing operations. "

3. Modified, add a paragraph 1 Article 9 as follows:

"a) The actual expenditures arise in relation to the manufacturing activity, business of the business; the expense of occupational education; the provision of defense, the security of the business as prescribed by law;".

4. Repeal point 2 Article 9.

5. Add the point and point e to paragraph 1 Article 13 as follows:

" The income of the business from the implementation of the new investment project production of the product of the Industrial Product portfolio supports the development of one of the following criteria:

-Industrial products support for high technology according to the regulation of the High Technology Law;

-Industrial products support for the production of products: textiles; leather-shoes; electronics; production of automobile assembly; the manufacturing mechanics that these products are as of January 1, 2015 in unproduced water, or produced by the product. but it must meet the technical standard of the European Union (EU) or the equivalent.

The government provides the portfolio of industrial products that supports the development of regulation at this point.

e) The income of the business from the implementation of the investment project in the manufacturing sector, except for the special consumption tax bear project and the mineral extraction project, has a minimum capital investment scale of twelve trillion copper, using technology that must be questioned. following the regulation of the High Technology Law, Science and Technology Law Oh, It is not over five years since the date of the investment is permitted by the law of investment. "

6. Modified, add d point 2 Article 13 as follows:

" d) The income of the business from: cultivation, care, protection of forests; farming, agricultural processing, land-based fisheries have difficult economic conditions-difficult societies; farming in places with economic conditions-difficult socioeconomic conditions; manufacturing, multiply, and hybrid. It produces cultivable crops, livestock; production, extraction and refining of salt, except for the production of salt prescribed at 1 Article 4 of this Law; the investment of the preservation of agricultural products, the preservation of agricultural products, fisheries, and food; ".

7. Add to 3a following paragraph 3 Article 13 as follows:

" 3a. Applying a 15% tax rate to: income of the cultivation business, breeding, processing in the agricultural sector and non-land-owned fisheries have a difficult economic-social condition or a place where economic-social conditions are particularly difficult. "

8. Modified, add 5 Article 13 as follows:

" 5. The prolonged extension of the preferable tax rate applies as follows:

a) For the project to specifically attract large scale investment and high technology, the amount of time that preferable use of preferable productivity can last longer but the duration of the duration is not more than fifteen years.

b) For the specified project at the point of E 1 This meets one of the following criteria:

-Manufacturing of goods products that are globally competitive, revenues reach more than 20,000 billion copper/year slog after five years since there was revenue from the investment project;

-Used regularly over 6,000 workers;

-The investment project in the field of engineering economic infrastructure, including: investment development of water plants, power plants, drainage systems, bridges, roads, railways, air ports, seaports, river ports, airports, terminals, new energy, clean energy, clean energy, and more. Energy savings industry, oil refining project.

The Prime Minister decided to extend the amount of time applying the preferred tax rate at this point but the duration extended not more than fifteen years. "

9. Modified, add a 3 Article 2 Code 32 /2013/QH13 as follows:

" 3. The business has an investment project that enjoys corporate income tax on the regulation of the corporate income tax law at the time of licensing or issuing a certificate of investment in accordance with the law of investment law. The case of the changed corporate income Tax Law, which businesses meet the statutory tax incentives under the revised new law, adds that the business is entitled to choose the tax rate and the tax-free time, reducing it. Tax on the provisions of the law at the time of the licensing or under the provisions of the newly amended law, complements the remaining time.

As of the end of the 2015 tax period, the business case has an investment project that is being imposed on a 20% regulatory tax rate at 3 Article 13 Business Income Tax Law 14 /2008/QH12 modified, supplemated by the Law No. 32 /2013/QH13 As of January 1, 2016, it has been transferred to 17% of the remaining time. "

What? 2

Edit, add some of the provisions of the Digital Income Tax Act 04 /2007/QH11 modified, added to some things under the Law No. 26 /2012/QH13.

1. Modified, add 1 Article 3 as follows:

" 1. Earnings from business, including:

a) Earnings from manufacturing operations, business of goods, services;

b) The income from the independent practice of practice of the individual has a license or certificate pursuer to the provisions of the law.

Income from the business of regulation at this paragraph does not include the income of the business individual which has revenues from 100 million s/year or more. "

2. Fix the point of paragraph 6 Article 3 as follows:

"c) is rewarded in the form of betting;".

3. Add to paragraph 15 and paragraph 16 on Article 4 as follows:

" 15. Income from the wages, the ship's wages were the Vietnamese working for foreign carriers or the Vietnamese carriers.

16. Personal income is the owner of the ship, the individual with the right to use the ship and the individual working on the ship from the operation to provide cargo, direct service service to the extraction operation, fishing for offshore fisheries. "

4. Modified Article 10 as follows:

" What? 10. Tax on Business Personal

1. The business individual pays a personal income tax in proportion to each sector, the manufacturing sector, business.

2. Revenue is the full amount of sales, household money, commission money, money supply services that arise in the tax discrimination from manufacturing operations, the business of goods, services.

Where the business individual is not determined to be sold, the tax agency has the authority to seal the revenue under the rule of law on tax management.

3. Tax:

a) Distribution, supply of goods:	0.5%;
b) The service, construction of no raw materials:	Two percent.
Private property leasing, insurance agent, lottery agent, multi-level sales agent:	Five percent.
c) Manufacturing, transport, service that is associated with goods, construction has a prototype of the material:	1.5%;
d) Other business activities:	1%. "

5. Modified Article 13 as follows:

" What? 13. Tax income from capital transfer

1. Income taxable income from capital transfer is determined by the value of the purchase price and the reasonable costs associated with the creation of the income from the capital transfer.

For securities transfer activity, taxable income is determined to be a transfer price once.

2. The time of determining the taxable income from the transfer capital is the time the transfer transaction is completed by the rule of law.

The government specifies the details and guidelines for the implementation of this. "

6. Modified Article 14 as follows:

" What? 14. Tax income from real estate transfer

1. Income taxable income from the estate transfer is determined as the transfer price once.

2. The government regulates the principle, the method of determining the price of real estate transfer.

3. The timing of the confirmation of taxable income from the estate transfer is the time the transfer contract is in effect under the rule of law. ".

7. Modified, add 2 Article 23 as follows:

" 2. The total tax expression is specified as follows:

Tax income	Tax rate (%)
a) Income from capital investment	5
b) Income from copyright, franchisor	5
c)	10
d) Income from inheritance, gift	10
The income of the prescribed capital at paragraph 1 Article 13 of this Law Income from the exchange of securities prescribed at paragraph 1 Article 13 of this Law	20 0.1
e) Income from real estate transfer	2

What? 3

Edit, add some of the provisions of the Value Added Tax Code 13 /2008/QH12 modified, added to some things under the Law No. 31 /2013/QH13.

1. Add a 3a paragraph after paragraph 3 Article 5 is as follows:

" 3a. Fertilizer; machinery, specialized equipment served for agricultural production; ships trawled away; food, poultry, poultry, and food for other livestock; ".

2. Modip point b paragraph 2 Article 8 as follows:

"b) Quan for the production of fertilizers; pesticides and stimulants for growth of livestock, crops;".

3. Repeal point c and point k 2 Article 8.

What? 4. Modified, add some of the provisions of the Digital Tax Law 45 /2009/QH12

1. Modified, add 7 Article 2 as follows:

" Seven. Natural water, including water and water, except natural water for agriculture, forestry, fishing, and agriculture. "

2. Fix 5 Article 9 as follows:

" 5. Tax-free to natural water due to household, the individual who exploit the biopsy. "

What? 5

Edit, add some of the provisions of the Digital Tax Management Law 78 /2006/QH11 modified, added to some things under the Law No. 21 /2012/QH13.

1. Modified, add 1, paragraph 1a and paragraph 6 Article 31 as follows:

" 1. The tax records for the tax declared and filed in the month are Tax Daily;

1a. Tax records for the tax of testimony and filed by the quarter are the quarterly tax; ".

" 6. The government rules out the tax on the monthly tax, which follows the quarter, enlist the year, and the annuation of the quarter, and the tax, and the tax, and the tax, and the tax; the criteria that the tax return should be taxed according to the quarter and the tax records. specific case. "

2. Modified, add Article 43 as follows:

" What? 43. The currency determines the revenue, costs, tax rates and the state budget filing taxes.

Taxpayers define revenues, expenses, tax rates and state-paid taxes by the Vietnamese, except for the case of a government-based foreign exchange tax. In the case of revenue, cost, tax rates of foreign currency or taxpayers whose obligations to pay with foreign currency are granted by the state authority to pay taxes in Vietnamese currency, the exchange of foreign currency to Vietnam. The actual transaction price at the time of the birth.

The government specifies the details and guidelines of this implementation. "

3. Additional paragraph 11 on Article 7 as follows:

" 11. The actual situation and conditions of information technology, the Government specifically stipulated that the taxpayer does not have to submit evidence in the filing, tax filing, tax refund records, and other tax filings that the state administration has. "

4. Modified, add 1 Article 106 as follows:

" 1. The taxpayer is slow to pay the tax money compared to the specified deadline, the tax-filing extension, the deadline for the tax management agency 's announcement, the deadline in the tax management agency' s decision to submit enough tax and money slow to the level. 0.05% /day count on the slow tax return .

In case the taxpayer provides goods, the service is paid by the state budget capital, but not paid in time to pay the taxes that lead to the tax debt, it is not to pay for the tax return on the amount of taxes owed. does not exceed the amount of state budget that has not yet paid to arise in the time of the unpaid state budget. ".

What? 6. Terms of execution

1. This law took effect from 1 January 2015.

2. Repeal the regulatory content of the rate when determining the revenue, cost, tax price, tax income, taxable income and the state budget filing tax at:

a) Article 8 and paragraph 3 Article 9 of the Digital Income Tax Law 14 /2008/QH12 modified, added to some things under the Law No. 32 /2013/QH13;

b) A Article 6 of the Digital Income Tax Law 04 /2007/QH11 modified, added to some things under the Law No. 26 /2012/QH13;

c) paragraph 3 Article 7 of the Value Added Tax Code 13 /2008/QH12 modified, added to some things under the Law No. 31 /2013/QH13;

d) Terms 6 of the Tax Law Consumption Special 27 /2008/QH12;

) Clause 3 Articles 9 and Article 14 of the Import Tax Law, Import Tax 45 /2005/QH11;

e) paragraph 4 Article 86 of the Census Law 54 /2013/QH13.

3. Repeal Point 1 Article 49 of the Digital Tax Management Law 78 /2006/QH11 modified, added to some things under the Law No. 21 /2012/QH13.

4. Repeal the regulations regarding the determination of tax on business individuals at paragraph 1 Article 19, paragraph 1 Article 20 and paragraph 1 Article 21 of the Digital Income Tax Act. 04 /2007/QH12 modified, added to some things under the Law No. 26 /2012/QH13.

5. The government rules out the details, the paragraph delivered in the Law.

The law was signed by the Socialist Republic of Vietnam XIII, the 8th session through November 26, 2014.