Circular 176/2014/tt-Btc: Tax Guide For Active Exploration, Mine Development And Exploitation Of Oil And Gas Of The Russian-Vietnamese Joint Venture "vietsovpetro" From Plot 9-1 Under The 2010 And Conference

Original Language Title: Thông tư 176/2014/TT-BTC: Hướng dẫn về thuế đối với hoạt động tìm kiếm thăm dò, phát triển mỏ và khai thác dầu khí của Liên doanh Việt-Nga “Vietsovpetro” từ lô 09-1 theo Hiệp định 2010 và Nghị

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Circular on taxation for active exploration, mine development and exploitation of oil and gas of the Vietnamese-Russian joint venture "Vietsovpetro" from plot 9-1 under the 2010 and 2012/2013 Protocol _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base agreement between the Government of the Socialist Republic of Vietnam and the Government of the Russian Federation signed on December 27, 2010 about the continuation of cooperation in the field of geological exploration and exploitation of oil and gas in the continental shelf of the Socialist Republic of Vietnam in the framework of Vietnam-Russia joint venture "Vietsovpetro" (hereinafter referred to as the agreement);
The base protocol signed on 11 December 2013 complement to the Treaty (hereinafter referred to as Protocol 2013);
Pursuant to the law of oil and gas in 1993 was passed by Congress on October 6, 1993; Law on amendments and supplements to some articles of the Petroleum Law was passed by Congress on June 9, 2000; Law on amendments and supplements to some articles of the law of oil and gas of 10/2008/QH12 on 03 June 2008 and documents guiding the implementation;
Pursuant to the law signing, joining and implementing international treaties No. 41/2005/QH11 on 14 June 2005 by the National Assembly of the Socialist Republic of Vietnam and the text guiding the implementation;
To base the tax law, Ordinance on fees and documents guiding the implementation;
Pursuant to the law the tax management of 78/2006/QH11 on November 29, 2006; Law on amendments and supplements to some articles of the law on tax administration of 21/2012/QH13 on November 20, 2012; Law on amendments and supplements to some articles of the Tax Law No. 71/2014/QH13 on November 26, 2014 and the Guide text is executed;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
At the suggestion of the General Director of the tax Bureau, the Minister of Finance issued a circular on the implementation of tax obligations and the State budget (hereinafter referred to as the tax) for active exploration, mine development and exploitation of oil and gas of the Russian-Vietnamese joint venture "Vietsovpetro" from plot 9-1 under the 2010 and 2012/2013 Protocol as follows : chapter I GENERAL PROVISIONS article 1. Scope this circular guides the taxes applicable to exploration activities, development of mines and oil and gas extraction of Vietnam-Russia joint venture "Vietsovpetro" from lot 9-1 under the provisions of the agreement and the Protocol, including:-tax resources, 2013;
-Export Tax;
-Special Tax;
-Surcharges when crude oil price fluctuations;
-Corporate income tax;
-Taxes, fees, other fees.
Article 2. Application object 1. This circular applies to goods products are crude oil, condensate and natural gas due to the Russian-Vietnamese joint venture "Vietsovpetro" tap and hold are from batches of 09-1 were sold (including swap), not including non-product costs and commodity technology products.
"Product of Africa of goods" as defined in the Convention 2010 is crude oil, condensate and natural gas needed to ensure the extraction, processing, storage and transport of the products to the delivery point.
"The attrition charge technology products" as defined in the Convention 2010 is the cost of crude oil, condensate and drain of natural gas involves the extraction and processing, storage and transport of the products to the delivery point.
2. This circular does not apply to goods and services from other business activities of the Russian-Vietnamese joint venture "Vietsovpetro" in addition to exploration activities, development of mines and oil and gas extraction from batch 9-1. In this case, a Vietnamese-Russian joint venture "Vietsovpetro" perform duties prescribed by applicable tax legislation.
Article 3. The taxpayer 1. The taxpayer is the Vietnamese-Russian joint venture "Vietsovpetro" (hereafter referred to collectively as VIETSOVPETRO).
2. where the prescribed authorization of VIETSOVPETRO law for organizing Vietnam make stubs, pay tax instead of the authorized organization that is the taxpayers instead.
Article 4. The currency lodging taxes 1. VIETSOVPETRO performed determine the tax and tax settlement in us dollars.
2. The currency lodging taxes guide in this circular are in us dollars.
The case of crude oil, condensate, natural gas sale in the Vietnam market, the selling price is determined on the basis of the US dollar, the currency lodging tax is VND Vietnam and VIETSOVPETRO case bronze Vietnam tax under the provisions of the Government rate applies when converted from us dollars to Vietnam Dong to file the taxes made in accordance with the law governing the tax management, tax Management Act amendments, supplements and other documents guiding the implementation.
Article 5. The principle of determining tax price 1. Tax rates prescribed in this circular are the price of crude oil, condensate is determined according to the contract the transaction promptly.
"The transaction promptly contract" is the contract the transaction between the buyer and the seller in relation to the market, not including the purchase contract between a company's internal, between related companies, links between Governments, between government institutions, or any transaction , the Exchange would be affected by the trade relations are not normal.
2. in case of condensate, crude oil is sold not by contract transactions, tax rates be determined consistent with international practices regarding the sale and export of crude oil.
When necessary, the State administration of the reference price on the US market (WTI), the UK (Brent) or the Singapore market (Platt's) or consult the competent State agencies about the determination of the price of crude oil are exploited by the taxpayer. Taxpayers have a responsibility to provide the tax authorities with information about the ingredients, the quality of the crude oil are exploited.
3. tax Price for natural gas is natural gas selling price is determined by the Lot gas purchase contract 09-1 is the the join venture approval.
Chapter II GUIDELINES for TAX REGULATIONS TAX RESOURCES section 1 article 6. Taxable object resources 1. The entire output of crude oil, condensate and natural gas exploitation and hold are from batches of 9-1, measured at the point of collection, inventory, distribution and delivery of goods and products, has been sold is taxable object resources.
"Collection point, inventory, distribution and delivery of goods and products" as defined in the Convention 2010 is equipped with reservoirs needed to preserve goods, technology and equipment, pipeline inspection tools-measurement (clue inventory) at sea or on shore from which brought goods and products go on sale (hereinafter collectively referred to as delivery points get).
2. for account gas obtained during the extraction process of crude oil, VIETSOVPETRO no use for technology needs, delivered free of charge to the Government of Vietnam using the VIETSOVPETRO not tax resources for account of this gas.
3. in the case of the extraction process of crude oil, condensate and natural gas VIETSOVPETRO is allowed to exploit other resources, subject to taxes on resources, the implementation of the resource tax under the provisions of tax legislation the current resources.
Article 7. Tax period resources resource tax period is the calendar year. The first resource tax period begins on the extraction of crude oil, condensate and natural gas until the first day of the first calendar year end. Tax period end resources starting from the first day of the last calendar year to the end of the extraction of crude oil, condensate and natural gas.
Article 8. Identify temporary resources tax payable 1. The resource tax was filed by crude oil, condensate and natural gas; with money; or in part by money and partly with crude oil, condensate and natural gas.
The tax case is filed by crude oil, condensate and natural gas, tax authorities will notify the taxpayer in writing before May 6 and specific instructions about stubs, tax resources by crude oil, condensate and natural gas.
2. Determine the amount of tax payable for temporary resources with crude oil, condensate: the amount of temporary resources tax payable = output of crude oil, condensate export selling Price x temporary resource tax x rate of tax resources in which:-the export of condensate, crude oil output is selling crude oil output taxable condensate resources, each issue sold.
-Temporary resource tax Price is the selling price of crude oil, condensate at the point of delivery of each issue selling crude oil, condensate under contract transactions, excluding value added tax. The case of crude oil, condensate is sold not by contract the transaction promptly, then reviews the resource tax is defined as in article 5 of chapter I of this circular.
-Tax rate on resources as defined in the agreement, Protocol of the 2010 to 2013 is 18%.
Example 1: determine the number of temporary resource tax: assume the sale and export of crude oil to a batch of VIETSOVPETRO with output is: 500,000 barrels, the price is $ 75 a barrel.


The amount of temporary resources tax payable = 500,000 barrels x 75 per barrel x 18% = $ 6,750,000 3. Determine the amount of tax payable temporary resource for natural gas: the amount of the temporary resource tax payable = sales/export natural gas production tax Rates x x tax rate resources temporary resources in which:-the export sale of natural gas output is the output of natural gas resources in fact taxable sale export for each month.
-Tax Price of resource is natural gas selling price is determined by the Lot gas purchase contract 09-1 is the the join venture approval.
-Temporary resource tax rate is determined as follows: tax rate = Tax provisional resources resources by natural gas is expected to be paid during the tax period x 100%

 





Natural gas production taxes expected resource exploitation in the tax period in which the tax:-natural gas resources expected to be paid during the tax period equal to (=) the yields of taxable resources natural gas on average expected in the tax period (x) human resources tax (x) on natural gas extraction numbers expected in the tax period.
+ Natural gas production taxes on average expected resources in the tax period is the full natural gas production taxes expected resource extraction, hold and sell in the tax-calculation period divided by the number of days the expected natural gas extraction in the tax period.
+ Resource tax as stipulated in the protocol specific output: 2013 natural gas resource tax rates real to 5 million m3/day On 5 million to 10 million m3/day On 10 million m3/day 2% 5% 10%-natural gas production taxes expected resource exploitation in the tax period is natural gas production taxes expected resources exploitation , hold and sell in the tax period (according to the mining production plan was approved by the Joint Board annually).
Natural gas production base under tax resources expected annual exploitation and tariffs for natural gas resources in determining the tax rate VIETSOVPETRO resources temporary annually and inform the local tax authority where registration tax is 10 days at the latest from the date of the Council decision on joint venture mining plan at each session of the Council resolution Venture.
During the tax period, the expected output in case of natural gas extraction, mining dates 6 months late changes led to increases or decreases in the rate of tax resources from the temporary 15% or more than the temporary rate taxpayers announced temporary resources with tax authorities, the VIETSOVPETRO is responsible for identifying and notices the resource tax rate new temporary agency know the latest tax is June 1 of that year.
Example 2: determine the number of temporary resources tax for natural gas extraction: assumption: the total output of natural gas subject to the resource tax expected to exploit, sell in the tax period is 3,960,000,000 m3; The number of days in period is 360 days, according to which: + natural gas production taxes on average expected resources in the tax-calculation period: 11,000,000 m3/day (3,960,000,000 m3:360 days).
+ Tax resources by natural gas are filed in the tax period equal to (=) {(x 2%) + 5 million (5,000,000 x 5%) + (1,000,000 x 10%)} x 360 days = tax rate. + m3 162,000,000 resources temporarily from the exploitation of natural gas are: temporary resource tax rate = x 100% = 4.09% 162,000,000 3,960,000,000 article 9. Tax resources 1. Identify the resource tax payable with respect to crude oil, condensate: a) determine the tax resources by crude oil, condensate must pay: tax resources by crude oil, condensate must be filed in the tax period = condensate, crude oil output under tax resources in the tax period x tax rate resources in which crude oil output + taxable condensate resources, during the tax period is the entire condensate, crude oil output under tax resources exploitation and export sale in the tax period.
+ Tax rate resources as stipulated in the agreement, Protocol of the 2010 to 2013 is 18%.
b) determine the amount of tax payable resources: resource tax payable amount in tax period = Tax resources by crude oil, condensate must be filed in the tax period x Reviews tax resources for crude oil, condensate in the tax period in which the tax + resources by crude oil, condensate must be filed in the tax period is defined as a guide in art. 1 of this article.
+ Price tax resources for crude oil, condensate in the tax period is the average weighted price of condensate, crude oil output under tax resources in the tax-calculation period are selling at the point of delivery according to the contract the transaction promptly during the tax period, does not include value added tax. The case of crude oil, condensate is sold not by contract transactions, tax rates are defined according to the guidelines in article 5 chapter I to this circular.
Example 3: determine the price of the resource tax in the tax period.
Suppose the output of crude oil sold in the tax period is 1,400,000 containers, are sold into 3 units: 1 batch producing is 500,000 barrels, sale price $ 65/barrel; lot 2 has a volume is 600,000 barrels, sale price $ 68/barrel; lot 3 has the output is 300,000 barrels, the sale price of 70 dollars per barrel.


Tax rates for crude oil resources in the tax period = (500,000 x 65) + (600,000 x 68) (300,000 x 70) = 67.36 1,400,000 2 per barrel. Identify the resource tax for natural gas to file: a resource tax) identification by natural gas are filed in the tax-calculation period: tax resources by natural gas are filed in the tax period = taxable natural gas production resources on average in the period x x number of resource tax on natural gas extraction in the tax period in which the : + natural gas production resources on average taxable in the tax period is the entire natural gas output under tax resources fact extraction, hold and sell in the tax-calculation period divided by the number of days:) exploitation (in the tax-calculation period. + the resource tax rate prescribed in paragraph 3 article 8 this circular. + the number of days natural gas extraction in the tax period is the number of days conducting natural gas extraction operations in the tax-calculation period, unless the day ceased production due to all causes.
b) determine the amount of tax payable resources during the tax period: the amount of the tax payable in the resource tax period = Tax resources by natural gas are filed in the tax period x tax Price for natural gas resources in it: + tax resources by natural gas are filed in the tax period is determined according to art. 2 of this Thing.
+ Tax Price for natural gas resource is natural gas selling price is determined by the lot gas purchase contract 09-1 is the the join venture approval. The case of the year, there are many different prices, the prices charged to tax resources is weighted average price of taxable natural gas production resources in the tax period.
Section 2 article 10 EXPORT TAX. Taxable object to export the entire production of crude oil, condensate and natural gas of VIETSOVPETRO, including part of crude oil, condensate, gas interest of the participants, after subtracting the yield of crude oil, condensate and natural gas resource tax, when exports subject to export tax.
Article 11. Determine the number of export tax payable 1. As for crude oil, condensate: determine the number of export tax: tax payable = Number of output of crude oil, condensate export tax Export Price x x tax rate of export in which:-the output of crude oil, condensate and crude oil output is exported, the actual condensate export each sale appearances.
-Tax Export Price is the price of crude oil, condensate at the point of delivery of each issue selling crude oil, condensate according to the contract the transaction promptly (FOB price). The case of crude oil, condensate is sold not by contract transactions promptly shall tax the export price is defined as in article 5 of chapter I of this circular.
-Export tax rate is determined as follows: export tax rate = 100% resource tax rate-x export tax for crude oil, condensate in which:-the tax rate of the resource as defined in the agreement, Protocol of the 2010 to 2013 is 18%.
-Tax export crude oil, condensate as stipulated in the agreement, Protocol of the 2010 to 2013 is 10%.
Example 4: determine the rate of export tax for crude oil, condensate: the rate of tax for crude oil, condensate = (100%-18%) x 10% = 8.2% 2. for natural gas: determine the number of temporary export tax payable: temporary export tax payable = yield x price export natural gas export tax x rate of export in which provisional tax natural gas production:-the export of natural gas production is actually exported.
-Tax Export Price is the selling price of natural gas was determined by lot gas purchase contract 09-1 is the the join venture approval.
-Temporary export tax rate is determined as follows: temporary export tax rate = 100%-the rate of temporary resources tax in the tax period x the export tax for natural gas including: + tax rate temporary resources in the tax period defined as the guidance in paragraph 3 article 8 of this circular.
+ Export tax natural gas as defined in Protocol 2013 is 10%.
Example 5: determine the rate of tax on natural gas exports: temporary tax rate: assumes temporary resources according to example 2 in article 8 is 4.09%, export tax temporary natural gas is 10%.
The export tax rate temporary natural gas = (100%-4.09%) x 10% = 9.59%.
SPECIAL TAX section 3 article 12. Subject to the special tax

The entire output of crude oil, condensate, natural gas of VIETSOVPETRO, including part of crude oil, condensate, gas interest of the participants, after subtracting the yield of crude oil, condensate, natural gas resource tax, when consumed in Vietnam market subject to special taxes.
Article 13. Define special tax amount payable 1. As for crude oil, condensate: determine the number of special tax payable: special tax payable = condensate, crude oil output in Vietnam market consumption tax Special Price x x tax rate especially in that:-condensate, crude oil production-consumption market in Vietnam's crude oil output the actual condensate production, sell at the market by selling second Vietnam.
-Tax Rates especially for crude oil, condensate is the selling price at the point of delivery of each issue selling crude oil, condensate under contract transactions, excluding value added tax. The case of crude oil, condensate is sold not by contract the transaction promptly, then reviews the special tax calculation is defined as in article 5 of chapter I of this circular.
-Special tax rate is determined as follows: the special tax rate = 100% resource tax rate-x special tax in that tax rate + resources for condensate, crude oil as specified in the agreement, Protocol of the 2010 to 2013 is 18%.
+ Special tax under the provisions of the agreement, Protocol of the 2010 to 2013 is 10%.
Example 6: determine the tax rate particularly for crude oil: special tax rate for crude oil = (100%-18%) x 10% = 8.2% 2. for natural gas: identifying temporary special tax amount payable: temporary special tax payable = output of natural gas consumed in Vietnam market special tax rates x x tax rate interim special computer which :-production of natural gas consumed in Vietnam market is natural gas production and export market sales in fact Vietnam each month.
-Tax Rates especially for natural gas is natural gas selling price is determined by the lot gas purchase contract 09-1 is the the join venture approval.
-Temporary special tax rate is determined as follows: temporary special tax rate = 100%-the rate of temporary resources tax in the tax period x special tax for natural gas including: + tax rate temporary resources in the tax period defined as the guidance in paragraph 3 article 8 of this circular.
+ Special tax natural gas as defined in Protocol 2013 is 10%.
Section 4 VALUE ADDED TAX article 14. Value added tax for crude oil, condensate, natural gas consuming market in Vietnam, not the VIETSOVPETRO value added tax for crude oil, condensate, natural gas consumption in Vietnam market.
An EXTRA 5 entries when the CRUDE OIL PRICE VOLATILITY INCREASED article 15. Object subject to surcharges As crude oil price rose above 20% in comparison with the price of crude oil is the base 75 per barrel, the entire oil condensate VIETSOVPETRO's interest rate, interest rates subject surcharges under the guidance of this circular.
Article 16. Determine the number of provisional surcharges for oil interest, condensate interest (hereinafter referred to as the oil interest) for each sale Of appearances temporary surcharges for oil interest in each issue sold publicly and filed under each sale appearances if the selling price of crude oil rose over 20% compared with the price of crude oil is the base 75 per barrel.
-Case of the crude oil price reality of appearances to sell the higher base price increases respectively on 20% to 50% Of provisional surcharges payable under each sale appearances = 50% x sale price crude oil sale appearances-by-1.2 x x base crude oil Prices oil production interest provisional sale-appearances in each case the actual crude oil selling price of sale increased appearances than the corresponding base price above 50%, the number of temporary surcharges are identified = (i) + (ii), namely: (i) the number of temporary surcharges payable under each respective sale appearances with the rising oil price is higher than the price on the basis of 20% to 50% = 50% x sale price of crude oil for each sale up to maximum 150 appearances% of base oil-crude oil price base x 1.2 x yields the temporary interest rate charged by the oil export sales each and (ii) the number of temporary surcharges payable under each respective sale appearances with the high oil prices of more than 50% over base price = 20% x sale price crude oil for each sale appearances-1.5 x the price of crude oil is the base x interest rate temporary oil output for each sale which appearances :-price crude oil for each sale appearances is the selling price of crude oil at the point of delivery of each issue selling crude under contract transactions, excluding value added tax. The case of crude oil is sold not by contract the transaction promptly, the price of crude oil for each sale appearances is defined as in article 5 of chapter I of this circular.
-Crude oil price basis as stipulated in the agreement, Protocol of the 2010 to 2013 is 75 per barrel.
-Temporary interest rate oil output for each sale is the appearances of crude oil, condensate remaining after deducting the portion of crude oil, condensate and used to pay tax and excluding condensate, crude oil to petroleum operations back in batches of 10-1 (as planned by the Council annually, browsing venture does not exceed 35%).
Example 7: determine the number of surcharge to be paid when the crude oil price volatility to increase crude oil production batches for sale: assuming sale and export of crude oil output in December 01/01/2014 of VIETSOVPETRO is 400,000 barrels, the selling price is $ 115 a barrel, the tax rate is 18% of the resources, the rate of crude oil to back the venture board browser is 34%.
-Sale price $ 115 a barrel compared with 75 base price per barrel by 153%.


-Temporary interest rate oil output = 400,000 400,000 400,000 x-18%-34% x = 192,000 barrel-additional provisional Number is determined as follows: (i) the number of extra provisional corresponds with the rising oil price is higher than the price on the basis of 20% to 50% = 50% x (75 x 75 x 1.2-1.5) x = 192,000 2,160,000 dollars and (ii) the number of extra provisional corresponds with the higher oil price base price above 50% = 60% x (115-75 x 1.5) x = $ 288,000 192,000 total temporary surcharges payable by the first crude oil sale appearances on 01/01/2014 = (i) + (ii) = 2,448,000 USD.
Article 17. Determine the amount of surcharges for oil interest from the money of the residual oil to residual oil portion of the money back to back is the product value of commodities (crude oil, condensate, natural gas) to annual leave that has not been used up VIETSOVPETRO Board of venture decision at each session to pay surcharges corporate income tax, and divided the two sides join venture (including the amount of crude oil, condensate, natural gas to leave the plan price and VIETSOVPETRO difference of selling crude oil, condensate, natural gas by comparison to the price plan that VIETSOVPETRO not handled).
The residual amount separate VIETSOVPETRO of natural gas joint venture back to when determining the interest rate for oil from the petroleum section of the balance money to leave. The absence of separate was then taken under the national allocation of natural gas sales compared to total sales of crude oil, condensate and natural gas.
VIETSOVPETRO case determined the amount of the excess money only the residual from the difference in selling price of crude oil and condensate between actual price compared with the price of the plan, the VSP neither perform allocation.
1. Determine oil production interest from money the residual oil portion of leave: oil production interest from the money section balances the oil leaving the balance of the amount = oil, condensate leaving the average home price in the export of condensate, crude oil batch sold in the States the balance of which:-the amount of residual oil portion condensate, leaving the balance of the amount of oil left upon approval at each session of the Joint Council (-) minus the amount of the balance of the natural gas to leave.
The average weighted price of the crude oil, condensate and batch export sale in the balance equal to (=) the total turnover export sale of crude oil, condensate in the balance (total output of crude oil:), sale and export of condensate in the balance.
The balance is about the time the surplus funds identified VIETSOVPETRO of the oil to back to report the Council approved venture.
2. Identify temporary surcharges for oil production interest rate from funds the residual oil portion of leave: a) on the basis of interest-oil output from the money section balances the oil to back the normal price, his rights of crude oil export batches sold in the corresponding residue, VIETSOVPETRO to determine the number of extra oil production interest from the money of the residual oil to back the principle of the guidance in article 15 and article 16 of this circular.
For example: suppose in year 8, the base of the resolution of the Council of the decision to venture money the residual oil portion of the leave, the balance amount defined VIETSOVPETRO of the condensate, crude oil was US $ 120,000,000 (after subtracting the residual amount of natural gas). The average price of crude oil batch rights national export sale in the balance is $ 120 a barrel.


Oil production interest from the money of the residual oil left = 1,000,000 = 120 barrels 120,000,000 As guiding principles in article 15 and article 16 of this circular, the number of extra oil production interest from the money of the residual oil left to be determined as follows:



(i) number of surcharges to pay for interest on the money from the oil output of the residual oil to back the corresponding part rising oil prices than the price on the basis of 20% to 50% = 50% x average weighted Price of the crude oil export batches sold in the States the maximum residual to 150% of the base oil-crude oil price base x 1.2 x interest oil output from the residual funds of the part of the oil to back = 50% x (75 x 75 x 1.2-1.5) x 1,000,000 = $ 11,250,000 And (ii) the number of surcharge to be paid for with money from the interest rate the oil output of the residual oil to correspond to higher oil prices, joint base price above 50% = 60% x average Price weighted of the crude oil export batch sold in the balance-1.5 x the price crude oil output x base interest rate from funds the balance of the oil to back = 60% x (120-75 x 1.5) x 1,000,000 = $ 4,500,000 total surcharges payable by the interest from the money the oil output of residual oil portion left = (i) + (ii) = $ 15,750,000.
b) where as a result of inspection the Ombudsman Board's annual VIETSOVPETRO incurred the amount of residual oil portion to Ban inspectors reported the venture Board decision. VIETSOVPETRO made an additional submission, business income tax, according to the decision of the Council.
Article 18. Extra-settlement currency when the crude oil price volatility increased surcharges payable under settlement with total surcharges payable is determined according to the guidelines in article 16 and paragraph 1, paragraph 2, article 17 of this circular.
Item 6 BUSINESS INCOME TAX article 19. Subject to enterprise income tax 1. Income from exploration activities, development of mines and oil and gas extraction of VIETSOVPETRO from 09-1 batch is subject to enterprise income tax according to the instructions in this circular.
2. Income from other business activities and income other than income from exploration activities, development of mines and oil and gas extraction from batch 9-1 of VIETSOVPETRO in an business income taxable according to the law on enterprise income tax.
Article 20. Enterprise income tax-calculation period 1. Enterprise income tax-calculation period is the calendar year. Enterprise income tax-calculation period is calculated from the first day of search operations conducted exploration, mine development and exploration of oil in first until the end of the first calendar year. Enterprise income tax-calculation period end is calculated from the start date of the last calendar year to June 2010 and accords ending the Decree letter of 2013.
2. where the tax period the first year and the tax period last year have less than 3 months shall be plus tax period next year or tax period year earlier to form a business income tax period. Enterprise income tax-calculation period first year or tax period business income last year should not exceed 15 months.
Article 21. Determine the number of temporary corporate income tax payable 1. Determine the number of temporary business income tax to pay for crude oil, condensate and natural gas: the provisional enterprise income tax = temporary taxable income (a) x corporate income tax rate (b) which: (a) Provisional taxable income is determined as follows: temporary taxable income = sales of crude oil , condensate, natural gas-costs are deducted — sale of crude oil, condensate according to each issue sold by (=) crude oil production, sale and export of condensate (x) selling price of crude oil, condensate according to the contract the transaction promptly of each issue selling (not including value added tax). The case of crude oil, condensate is sold not by contract the transaction promptly, the price of crude oil, condensate is defined as in article 5 of chapter I of this circular.
-Natural gas sales by (=) the output of natural gas export sales each month (x) natural gas selling price is determined by the lot gas purchase contract 09-1 was approved by the Joint Council (not including value added tax).
-The expenses to be deducted are: + tax resources;
+ Export Tax;
+ Special Tax;
+ The value of output of crude oil, condensate, natural gas left for VIETSOVPETRO used for oil and gas activities in the batch 9-1 in proportion was browser Venture Board annually (maximum 35%) as stipulated in the agreement, Protocol of the 2010 to 2013, to be determined on the price of crude oil, condensate, natural gas sale export reality; + surcharges as the price of crude oil condensate, increasing volatility on the 20% compared with the price of oil, condensate.
The aforementioned expenses are determined according to the instructions in this circular.
(b) the enterprise income tax according to the provisions of the agreement, Protocol of the 2010 to 2013 is 50%.
2. Determine the number of temporary business income tax from the amount of residual oil portion left: number of temporary business income tax payable = money income the residual oil portion of leave x corporate income tax which:-income from money the residual oil portion of the leave with the Money (=) residual oil portion of leave under the approval of the Board of JV minus (-) Extra number to file for the money from oil production interest balance of the oil to back respectively determined according to guidelines in article 18 of this circular.
-Corporate income tax under the provisions of the agreement, Protocol of the 2010 to 2013 is 50%.
Article 22. Corporate income tax 1. Determining taxable income business income during the tax period: the taxable income in the tax period = the sale of crude oil, condensate, natural gas in the tax period – costs are deducted in the tax period + income from money the residual oil portion of the leave-sale of crude oil, condensate, natural gas in the tax period is the full value of the crude oil output , condensate, natural gas production actually sold in the tax period under the contract the transaction promptly (not including value added tax). The case of crude oil, condensate, natural gas is sold not by contract the transaction promptly, the price of crude oil, condensate is defined as in article 5 of chapter I of this circular.
-The expenses to be deducted are: + tax resources according to settlement;
+ Export Tax;
+ Special Tax;
+ The value of output of crude oil, condensate, natural gas left for VIETSOVPETRO used for oil and gas activities in the batch 9-1 in proportion was browser Venture Board annually (maximum 35%) as stipulated in the agreement, Protocol of the 2010 to 2013, to be determined on the price of crude oil, condensate, natural gas sale export reality; + surcharges as the price of crude oil condensate, increasing volatility on the 20% compared with the price of oil, condensate.
The aforementioned expenses are determined according to the instructions in this circular.
-Income from money the residual oil portion of the leave is determined according to the instructions in paragraph 2 article 21 of this circular.
2. Determine the tax payable in a tax period: tax payable in a tax period = taxable income in the tax period x tax rate taxable income + tax in the tax period determined according to paragraph 1 of this article.
+ Corporate income tax under the provisions of the agreement, Protocol of the 2010 to 2013 is 50%.
Section 7 FEES, TAXES and OTHER FEES to article 23. The taxes, fees and other fees In the process of conducting exploration activities, development of mines and oil and gas extraction from batch 9-1, VIETSOVPETRO made filed the taxes, fees, other fees no specific instructions in this circular under the provisions of the law on taxes , the current fees.
Section 8 DECLARATION, TAX article 24. The principle of publicity, tax 1. The resource tax, corporate income tax, surcharge when the crude oil price volatility increased, VIETSOVPETRO, temporary tax calculated according to each issue sold for crude oil, condensate; each month for natural gas; mining settlement according to the calendar year or by the end of 2010 and accords and protocols to 2013.
2. for the special tax, export tax: tax, VIETSOVPETRO specifically according to each issue sold for crude oil, condensate; each month for natural gas.
VIETSOVPETRO made publicity, export tax, export tax deadlines for crude oil, condensate, natural gas exports made under the provisions of the law on the export tax, import tax and the law on tax administration.
The case ended in natural gas production, the reality mining, sale and export of change compared to the expected natural gas production of exploitation; the actual number of days natural gas mining changes compared with the expected number of days lead to the resource tax rate according to the change of settlement than planned tax rate base VIETSOVPETRO resources under the settlement to determine the export tax rate again according to the guiding principles in paragraph 2 article 11 this circular; identify the special tax rate again according to the guiding principles in paragraph 2 article 13 this circular and made adjustment of export tax declaration, a special tax to be paid.
The case of the Declaration of adjustments arising on the amount of additional tax, the amount of tax filing made VIETSOVPETRO variances on a slow payer GOVERNMENT EXCESSIVE, not filed on the difference to the above supplements.
The case of the tax amount temporarily paid is greater than the amount of tax after tax rate of return calculation of export tax rates, especially at the end of the year, the surplus money handling follow the provisions of the law on the export tax, import tax and the law on tax administration at the time.
Article 25. Declaration and payment 1. Tax records:

a) profile temporary resources tax, special tax, corporate income tax, surcharge temporary temporary is temporary tax is calculated according to the model No. 01/TK-VSP attached to this circular.
b) temporary surcharges Declaration for oil interest from the money of the residual oil left as temporary surcharges Declaration for oil interest from the money of the residual oil left under model number 01-1/PTHU-VSP attached to this circular.
c) profile of enterprise income tax for income from temporary money the residual oil portion of the leave is the corporate income tax is provisional for income from money the residual oil portion of leave according to model No. TNDN/01-1-VSP attached to this circular.
2. The time limit for filing a tax return: a) the time limit for filing temporary resources tax, special taxes, corporate income taxes temporary, temporary surcharges: – for crude oil, condensate: slowest is 35 days from the date of sale and export of crude oil, condensate. On export sales of crude oil, condensate is on to complete the export of crude oil, condensate at the point of delivery. Case 35 days is Saturday, Sunday, holidays, lunar new year (hereafter referred to collectively as the day of rest), the time limit for filing a tax return is the next working day of that holiday.
-For natural gas: the latest is the 20th day of the next month, billed to sell gas. On the 20th case is on holiday, the time limit for filing a tax return is the next working day of that holiday.
b) the time limit for filing temporary extra stubs for oil interest from the money of the residual oil left and temporary business income tax for income from money the residual oil portion of leave: the latest is the 20th day since the venture Board decided the amount of residual oil portion of leave under resolution each session of the Board of the venture but not later than 31 December each year.
On the 20th case is on holiday, the time limit for filing is the next working day of that holiday.
3. The time limit for filing tax: slowest is the last day of the time limit for filing the tax return specified in paragraph 2 of this Article.
Article 26. Khai, khai settlement tax adjustment 1. Profile mining tax: a tax declaration) resources include: tax declaration for oil and gas resources under model number 02/TAIN-VSP attached to this circular and lists the output and export sales of petroleum sold under model number 02-1/TAIN-VSP attached to this circular.
b) extra-settlement Declaration include: extra-settlement currency declaration form No. 02/PTHU-VSP attached to this circular and lists of provisional surcharges filed under model number 02-1/PTHU-VSP attached to this circular.
c) Declaration of enterprise income tax declaration is the corporate income tax according to the model No. TNDN/02-VSP attached to this circular.
d) Declaration for tax adjustments, the export tax for natural gas is a special tax adjustment under model number 01/ĐCĐB-VSP and the adjustment of export tax declaration according to model No. 01/ĐCXK-VSP attached to this circular.
2. The time limit for filing tax declaration:-the latest is day 90, since the end of the calendar year.
-The latest is 45 days from the date of the end of 2010 and accords the 2013 Protocol (in this case the end of 2010 and accords and protocols the other end with the 2013 calendar year).
The case on Wednesday, 90 or 45 days is on holiday, the time limit for filing tax declaration is the next working day of that holiday.
3. The time limit for submission of special tax adjustment Declaration, export tax for natural gas together with the time limit for filing tax declaration.
4. The time limit for the submission of tax according to tax declaration: slow for the last day of the time limit for filing tax declaration.
The deadline for tax disparity amounts due to declare a special tax adjustments, the export tax for natural gas is the last day of the time limit for submission of special tax adjustment Declaration, export tax.
Chapter III article 27 ENFORCEMENT TERMS. Effective enforcement of this circular in force from October 1, 2015 and replacing circular No. 155/2009/TT-BTC on 11/11/2011, circular No. 191/2012/TT-BTC dated 12/11/2012 of the Ministry of finance.
As for crude oil, natural gas and condensate 09-1 Batch were exploited and exported for sale in 2014, VIETSOVPETRO make 2014 tax declaration according to the instructions in this circular.
In the process, if there are difficulties, obstacles and propose timely reflect the units of the Ministry of finance to be considered, solved.