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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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FINANCE MINISTRY
Number: 176 /2014/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 17, 2014

IT ' S SMART

Tax guidance on the search for exploration, mining, and research.

and oil-oil extraction of the Russian-Russian "Vietsovpetro"

from batch 09-1 under the 2010 Agreement and 2013 Protocol

__________________

The Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Russian Federation signed on 27 December 2010 on continuing cooperation in the field of geological exploration and petroleum extraction at the continental shelf of the Socialist Republic of Vietnam. in the framework of the Russian-Russian "Vietsovpetro" (later known as the 2010 Agreement);

The base of Protocol was signed on 9 December 2013 in addition to the 2010 Agreement (later known as the 2013 Protocol);

The 1993 Oil Law Base was passed by the National Assembly on 6 July 1993; the Amendment Act, which complements several provisions of the Petroleum Law approved by the National Assembly on 9 June 2000; Law amended, complements some of the provisions of the Petroleum Law. 10 /2008/QH12 June 03, 2008 and the execs were directed;

The Rules for signing, join and implement the International Convention No. 41/2005/QH11 June 14, 2005 of the National Assembly of the Socialist Republic of Vietnam and its enactial texts;

Base of Tax Laws, Ordination of fees, fees and guidelines for execs;

Tax Management Base 78 /2006/QH11 November 29, 2006; Amendment law, which complements some of the provisions of the Digital Tax Management Law 21 /2012/QH13 November 20, 2012; The Law Amendment, which complements some of the provisions of the Digital Tax Laws 71 /2014/QH13 November 26, 2014 and the execs are directed;

Base of Protocol 215 /2013/ND-CP December 23, 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Finance;

On the recommendation of the Attorney General,

The Minister of Finance issued a Guide to the Implementation Of Tax Obligations and State Budget Accounts (below which taxes are generally tax) on the search for exploration, mining and oil exploration of the Russian-Russian Federation. "Vietsovpetro" from batch 09-1 under the 2010 Agreement and Protocol 2013 as follows:

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information instructs the applicable taxes on the search for exploration, mining and oil extraction of the Russian-Russian Federation "Vietsovpetro" from batch 09-1 under the regulation at the 2010 Agreement and the 2013 Protocol:

-The resource tax;

Export tax;

Special taxes.

-Appendix when crude oil prices fluctuate;

-Business income tax;

Taxes, fees, other fees.

What? 2. Subject applies

1. This information applies to commodity products as crude oil, condensate and natural gas due to the joint venture of Vietsovpetro "Vietsovpetro" extraction and retention from batch 09-1 has exported (including exchange), not including non-commodity products and depreciation of product technology. All right

The "non-commodity product" by regulation at the 2010 Agreement was the crude oil, condensate and natural gas needed to ensure the extraction, processing, preservation and transportation of products to the point of delivery.

The "depreciation of product technology" by regulation at the 2010 Agreement is the depreciation of the crude oil, condenate and natural gas associated with the extraction and disposal of the product, the preservation and transportation of the product to the point of delivery.

2. This information does not apply to goods, services from other business manufacturing operations of the Russian-Russian Federation "Vietsovpetro" in addition to search for exploration, mining and petroleum extraction from batch 09-1. In this case, the Russian-Russian Federation "Vietsovpetro" does tax obligations under the provisions of the existing tax law.

What? 3 The taxpayer.

1. The taxpayer is the Russian-Russian "Vietsovpetro" (later known as VIETSOVPETRO).

2. The case of VIETSOVPETRO mandated by the rule of law for the organization of Vietnam in fact, paying taxes instead the authorized organization is the taxpayer instead.

What? 4. Tax paid

1. VIETSOVPETRO implement the identification of the tax number that must submit and decide the U.S. dollar tax.

2. The currency filing the course tax in this Notice is the U.S. dollar.

In the case of crude oil, condenate, natural gas sold in the Vietnamese market, the sale prices were determined on the U.S. dollar basis, and the taxpayer money was the Vietnamese and the case VIETSOVPETRO was paying taxes in Vietnam by government regulation. price applies when the regulation from the U.S. dollar to the Vietnamese currency to submit the applicable tax on regulations at the Tax Management Law, the Revised Tax Management Law, the addition, and executor of the executor of the executor.

What? 5. The principle of determining tax value

1. The prescribed tax rate at this account is the sale price of crude oil, the condenate is determined by a flat trading contract.

"The flat trading contract" is the trading contract between the buyer and the seller in market relations, not including the purchase contracts between the internal affairs of a company, between companies with bond relations, between the Government, between the institutions of the company, and the company. The government, or any trade, has been affected by unconventional trade relations.

2. The case of crude oil, condensate is sold not under the casino trading contract, the tax price determined in accordance with the international law of crude oil exports.

When necessary, the State Administration reference the sale prices on the U.S. market (WTI), the UK market (Brent) or the Singapore market (Platt's) or consult the state agency that has jurisdiction over the determination of the applicant ' s ongoing crude oil price. Tax. The taxpayer is responsible for providing the tax authority the information about the composition, the quality of the extraction of crude oil.

3. The tax price on natural gas is the natural gas sale price defined under the Log 9-1 Gas Purchase Contract that is approved by the Joint Chiefs.

Chapter II

MANUAL IMPLEMENTATION OF TAX REGULATIONS

Item 1

RESOURCE TAX

What? 6. Financial Tax Subject

1. The whole production of crude oil, condensate and natural gas mined and held from batch 09-1, measured at the point of collection, inventory, distribution and delivery of goods, has been sold as a resource taxable subject.

"The point of collection, inventory, distribution and delivery of goods" as defined at the 2010 Agreement is the site equipped with the tanks needed to preserve the product of goods, technology equipment and pipeline, test instruments-measurement (head of bond). inventory) in the sea or on the shore from which the product of goods is sold (the following is generally a point of communication).

2. For the executive gas obtained during the extraction of crude oil, VIETSOVPETRO is not used for the need for technology, which is transferred free of charge to the Government of Vietnam using VIETSOVPETRO not a resource tax on currency. All right.

3. The case in the extraction of crude oil, condenate and natural gas VIETSOVPETRO is allowed to exploit other resources, belonging to the resource taxable subject, the implementation of the resource tax in accordance with the provisions of the existing resource tax. Go.

What? 7. Financial Tax.

The resource tax period is a calendar year. The first resource tax period started from the day of the extraction of crude oil, condensate and the first natural gas until the end of the first calendar year. The final resource tax period begins from the first day of the last calendar year to the end of the end of the extraction of crude oil, condensate and natural gas.

What? 8. Define the temporary resource tax that must submit

1. The resource tax is filed with crude oil, condensate and natural gas; by money; or partly by money and in part with crude oil, condensate and natural gas.

The property tax case is filed with crude oil, condenate and natural gas, the tax authority that will notify the taxpayer in written before 6 months and the specific guidelines on opening, tax of resources in crude oil, condensate and natural gas.

2. Determine the amount of temporary resource tax payable to crude oil, condenate:


The amount of temporary resource tax must be filed

=

Crude oil production, condenate export

x

Temporary resource tax value

x

Resource tax rate

In it:

-The production of crude oil, the condensate, sold as crude oil production, the condensate is subject to the resource tax by each of its exports.

-The value of the property tax is a semi-crude oil sale price, condenate at the point of trading of the once-crude oil sale, condenate under a flat-casino transaction contract, which does not include an increased value tax. In the case of crude oil, condensate is sold not under a flat trading contract, the value of resource tax is defined as a guidate at Article 5 of this Information.

-The proportion of the resource tax under the regulation at the 2010 Agreement, the 2013 Protocol was 18%.

Example 1: Define the number of temporary resource tax taxes:

Suppose VIETSOVPETRO exported a batch of crude oil with a yield of: 500,000 barrels, priced at $75 per barrel.

The amount of temporary resource tax must be filed

=

500,000 barrels

x

$75 per barrel.

x

18%

=

$6,750,000.

3. Identilocate the amount of temporary property tax filed against natural gas:


The amount of temporary resource tax must be filed

=

Natural gas production.

x

Resource Tax Value

x

Temporary resource tax rate

In it:

-The production of natural gas is the production of natural gas-taxing natural resources that are sold by the months.

-The resource tax price is the natural gas sale price defined under the Log 9-1 gas trading contract approved by the Joint Chiefs.

-The temporary property tax rate is defined as follows:

Temporary resource tax rate

=

Natural gas resource tax is expected to submit in tax period.

x

100%

Natural gas production is expected to exploit in the tax period.

In it:

-Natural gas resource tax is expected to submit in the tax period by (=) Natural gas production of the expected average daily resource tax in the tax (x) tax rate (x) the number of days of projected natural gas extraction. I mean, the tax day.

+ Natural gas production of the average daily resource tax in the tax period is expected to be full of natural gas production that is expected to be mined, held and sold in the tax period divided by the number of days of projected natural gas extraction. I mean, the tax day.

+ Tax tax rate by regulation at the 2013 Protocol, namely:

Natural gas production.

Resource Tax Tax

Five million feet. 3 /day

More than five million feet. 3 Ten million meters. 3 /day

Ten million feet. 3 /day

2%

5%

10%

-Natural gas production of resources expected to exploit in the tax period is that the natural gas yield is expected to be mined, held and sold in the tax period (according to the planned production of the Joint Council). Every year.

The natural gas production base is expected to exploit annually and the resource tax on the VIETSOVPETRO natural gas determines the annual temporary resource tax rate and inform the local tax authority where the tax registration is known. It was the 10th day since the day the Federation Council decided to exploit the Joint Chiefs of Congress.

In the tax period, the expected case of a mining natural gas production, the number of June 6-month exploit changes led to increased or reduced the rate of resource tax rebate from 15% or more to the rate of temporary resource tax repayment announced with the agency. The taxon, VIETSOVPETRO, has the responsibility to identify and announce the rate of the new temporary tax rate for the tax authority known as the latest on 1 June of that year.

Example 2: Identitiate a temporary resource tax number for natural gas mining:

Assumption: The total production of natural gas is expected to be mined, sold in the tax period of 3,960.000,000 m. 3 ; The number of days of mining in the tax period is 360 days, according to it:

+ Natural gas production is subject to the expected average daily resource tax in the tax period: 11,000,000 m 3 Daily (3,960.000,000 m) 3 : 360 days).

+ Natural gas resource taxes must submit in the tax period by (=) {(5,000,000 x 2%) + (5,000,000 x 5%) + (1,000,000 x 10%)} x 360 days = 162,000,000 m 3 .

+ The temporary resource tax rate from natural gas mining is:

Temporary resource tax rate

=

162.000.000

3.960.000.000

x

100%

=

4.09%

What? 9. Financial Tax Decision

1. Define the resource tax that must submit to crude oil, condenate:

a) Define the resource tax in crude oil, condenate must submit:


Crude oil resource tax, condenate must submit in tax period

=

Crude oil production, condenrate is subject to resource tax in tax expectations

x

Resource tax rate

In it:

+ crude oil production, condensate that is subject to resource tax in the tax period is the entire product of crude oil, condensate is subject to tax of mining resources and exports in the tax period.

+ The ratio of the resource tax by regulation at the 2010 Agreement, the 2013 Protocol was 18%.

b) Specify the amount of resource tax to submit:


The amount of resource tax must submit in the tax period

=

Crude oil resource tax, condenate must submit in tax period

x

Resource tax value for crude oil, condenate in tax discrimination

In it:

+ The resource tax in crude oil, condensate must submit in the calculated tax period as instructed at the point of a 1 Article.

+ The resource tax value for crude oil, condenate in the tax period is the value per capita of crude oil output, condensate taxable resource tax in the tax period sold at the point of exchange in accordance with the casino trading contract in the period. tax, not to include a valuing tax. In the case of crude oil, condensate is sold not under a flat trading contract, the tax price is determined in the direction of Article 5 of this Information.

Example 3: Define the resource tax value in the tax period.

Assuming the production of crude oil sold in the tax period is 1,400,000 barrels, which is sold into three batches: batch 1 has a yield of 500,000 barrels, priced at $65 per barrel; batch 2 has a yield of 600,000 barrels, the sale price of $68 per barrel; lot 3 has a yield of 300,000 barrels. A barrel.

Resource tax value for crude oil in tax period

=

(500,000 x 65) + (600,000 x 68) + (300,000 x 70)

=

67.36 USD/ barrels

1.400.000

2. Define the resource tax on natural gas that must submit:

a) Define the natural gas resource tax that must submit in the tax period:

Natural gas resource taxes must submit in the tax period.

=

Natural gas production is subject to a daily average tax rate.

x

Resource Tax Tax

x

The number of days of natural gas extraction in tax expectations

In it:

+ Natural gas production of natural resources tax on the day in the tax period is the entire natural gas production of natural resources that is mined, held and sold in the tax period divided (:) for the number of days of exploitation in the tax period.

+ The resource tax rate stipulated at paragraph 3 Article 8 of this.

+ The number of days of natural gas extraction in the tax period is the number of days that conduct natural gas mining activity in the tax period, minus the cessation of production days due to all causes.

b) Define the amount of resource tax that must submit in the tax period:

The amount of resource tax must submit in the tax period

=

Natural gas resource taxes must submit in the tax period.

x

Resource tax value for natural gas

In it:

+ The natural gas tax on natural gas must be filed in the tax period determined by a paragraph of 2 This.

+ The value of resource tax on natural gas is a natural gas sale price defined under the 1.09-1 parcel gas purchase contract approved by the Joint Chiefs. In the case of the year, there are various rates of price, the property tax price is the average value of the natural gas output of natural gas tax in the tax period.

Item 2

EXPORT TAX

What? 10. export tax subject

The entire production of crude oil, condensate and natural gas of VIETSOVPETRO, including the crude oil, condenate, gas of the participating sides, after subtracted from the production of crude oil, condenates and natural gas paying resources, when exporting is subject to bear. Export tax.

What? 11. Define the export tax number to submit

1. For crude oil, condenate:

Specify export tax number:

Export tax number must submit

=

Crude oil production, export export

x

Export Tax Value

x

Export Tax Rate

In it:

-The production of crude oil, the export condenate is the yield of crude oil, the actual condensate exports according to each of its exports.

-The export tax value is the sale price of crude oil, condenate at the point of trading of the once-crude oil sale, condenate under a flat casino trading contract (FOB price). In the case of crude oil, the condensate is sold not under a flat trading contract, the value of the export tax is determined as instructed at Article 5 of this Information.

-The export tax rate is defined as follows:

Export Tax Rate

=

100%

-

Resource tax rate

x

Export tax rate for crude oil, condensate

In it:

-The proportion of the resource tax under the regulation at the 2010 Agreement, the 2013 Protocol was 18%.

-Tax export tax rate of crude oil, condenrate under the regulation at the 2010 Agreement, Protocol 2013 is 10%.

Example 4: Define the export tax rate for crude oil, condenate:

Export tax rate for crude oil, condensate

=

(100%-18%) x 10% = 8.2%

2. For natural gas:

Specifies the number of tax export taxes required to submit:

The export tax rate must be filed

=

Natural gas output

x

Export Tax Value

x

Temporary export tax rate

In it:

-The export of natural gas is the production of natural gas exported.

-The export tax price is the natural gas sale price defined under the 1.09-1 parcel of gas purchase contract approved by the Joint Chiefs.

-The temporary export tax rate is defined as follows:

Temporary export tax rate

=

100%

-

The rate of property tax is on the property tax period.

x

Tax rate exports to natural gas

In it:

+ The value of the property tax on the property in tax is defined as the instruction at paragraph 3 Article 8 of this.

+ The tax rate of natural gas exports by regulation at the 2013 Protocol was 10%.

Example 5: Define the rate of natural gas export tax:

Suppose: The percentage of the temporary resource tax in the second example at Article 8 is 4.09%, the tax rate of natural gas exports is 10%.

The tax rate of natural gas exports = (100%-4.09%) x 10% = 9.59%.

Section 3

SPECIAL TAXES

What? 1 2 Special tax subject.

The entire production of crude oil, condenate, natural gas of VIETSOVPETRO, including the crude oil portion, condenate, the interest of the participants, after subtracted the production of crude oil, condenate, natural gas paying resources, when consumed in the Vietnamese market. It's a special tax bear.

What? 1 3 . Identilocate special taxes.

1. For crude oil, condenate:

Specify the number of special taxes to submit:

Special taxes must be filed

=

Crude oil production, condenrate consumed in the Vietnamese market

x

Special Tax Price

x

Special tax rate

In it:

-The crude oil production, the condenate consumed in the Vietnamese market is the production of crude oil, the condensate is in fact sold in the Vietnamese market by each of its exports.

-The special tax price for crude oil, condenate is the sale price at the intersection point of each crude oil sale, condenate under a flat-casino transaction contract, which does not include an increased value tax. In the case of crude oil, condensate is sold not under a flat trading contract, the special tax price is defined as a guide at Article 5 of this Information.

-The special tax rate is defined as follows:

Special tax rate

=

100%

-

Resource tax rate

x

Special tax tax

In it:

+ The resource tax rate for crude oil, condenrate by regulation at the 2010 Agreement, Protocol 2013 is 18%.

+ Special tax rates under the regulation at the 2010 Agreement, the 2013 Protocol was 10%.

Example 6: Define the special tax rate for crude oil:

Special tax rate for crude oil

=

(100%-18%) x 10% = 8.2%

2. For natural gas:

Specify the number of temporary special taxes to submit:

A special tax rate must be filed.

=

Natural gas production consumed in the Vietnamese market

x

Special Tax Price

x

The tax rate is especially temporary

In it:

The production of natural gas consumed in the Vietnamese market is the production of natural gas in the Vietnamese market by month.

-The special tax price for natural gas is the sale price of natural gas defined under the 1.09-1 parcel gas purchase contract approved by the Joint Chiefs.

-The temporary special tax rate is determined as follows:

The tax rate is especially temporary

=

100%

-

The rate of property tax is on the property tax period.

x

Special tax tax on natural gas.

In it:

+ The value of the property tax on the property in tax is defined as the instruction at paragraph 3 Article 8 of this.

+ Natural gas tax tax rates by regulation at the 2013 Protocol are 10%.

Section 4

VALUE ADDED TAX

What? 1 4 . Value added tax on crude oil, condenate, natural gas consumed in the Vietnamese market.

VIETSOVPETRO is not open, paying an increased value tax on crude oil, condenate, natural gas consumed in the Vietnamese market.

Section 5

REVENUE AS CRUDE OIL PRICES FLUCTUATE

What? 1 5 The subject is in charge.

When the price of crude oil rose above 20% compared to the underlying crude oil price of $75 per barrel, the total interest rate of VIETSOVPETRO was subject to the instruction in this message.

What? 16. Identitiate the amount of temporary income for interest oil, condenrate interest (the following is generally the interest oil) according to each sale

The amount of the income per share of interest per sale is declared and submitted by the time of sale if the price of crude oil rose above 20% compared to the underlying crude oil price of $75 per barrel.

-The actual sale of the actual crude oil price of the sale increase is higher than the corresponding base price above 20% to 50%:

The number of temporary subs filed by each sale

= 50% x

Price of crude oil per sale

-1.2 x

Base crude oil price

x

Oil production per sale per share

-The actual sale of the actual semi-crude oil price of the sale increase is higher than the corresponding base price above 50%, the number of temporary income identified = (i) + (ii), in particular as follows:

(i) The number of temporary subrevenues must submit in each sales occurrence with the price of oil higher than the base price above 20% to 50%

= 50% x

The price of crude oil follows a maximum sale of up to 150% of the base oil price

-1.2 x

Base crude oil price

x

Oil production per sale per share

and

(ii) The number of temporary subrevenues must submit in each sale corresponding to the price of oil higher than the base price above 50%

= 60% x

Price of crude oil per sale

-1.5 x

Base crude oil price

x

Oil production per sale per share

In it:

-The price of crude oil per time the sale is the price of crude oil at the point of trading of the once-crude oil sale under the casino trading contract, which does not include an increase in value added tax. Where the crude oil is sold not under a flat trading contract, the price of crude oil per sale is determined as instructed at Article 5 of this Information.

-The underlying crude oil price in regulation at the 2010 Agreement, the 2013 Protocol was $75 per barrel.

-The yield of an oil-per-time net worth of oil, the remaining condenate after minus the crude oil, the condenrate used to file a tax of resources and minus the crude oil, condenate left for oil and gas operations at batch 9-1 (according to the plan. It ' s an annual review of the United States, not exceeding 35 percent.

Example 7: Conformation of the number of subs filed when the price of crude oil is increased in the amount of crude oil that is sold:

Assuming the first production of crude oil sales on 01/01/2014 of VIETSOVPETRO was 400,000 barrels, the sale prices were $115 per barrel, the resource tax rate of 18%, the rate of crude oil left to be approved by the Joint Board was 34%.

-Cost of $115 per barrel compared to $75 per barrel by 153%.

-It's a total amount of oil.

= 400,000-400,000 x 18%-400,000 x 34%

= 192,000 barrels

-The number of temporary subs specified as follows:

(i) The amount of temporary income corresponding to the price of oil rises above the base price above 20% to 50%

= 50% x (1.5 x 75-1.2 x 75) x 192,000

= $2,160,000.

and

(ii) The amount of temporary income corresponding to the price of oil is higher than the base price above 50%

= 60% x (115-1.5 x 75) x 192,000

= $288,000.

The total number of temporary revenues must be submitted by the first crude oil sale on 1 January 2014 = (i) + (ii) = $2,448,000.

What? 17. Identilocate the amount of extra money on interest oil from the currency of the oil portion left

The excess oil portion of the oil portion is the bulk of the commodity volume of goods (crude oil, condenate, natural gas) which leaves every year that VIETSOVPETRO has not yet used the joint venture council decided at each session to submit its revenue, revenue income tax. and divided by two sides of the joint venture (including the crude oil, condenate, natural gas left for VIETSOVPETRO in terms of plan prices and the amount of money that sells crude oil, condensate, natural gas at actual price compared to the plan price). VIETSOVPETRO is not used.

VIETSOVPETRO separates the residual amount of the natural gas portion left to the joint venture when determining the supply of oil from interest from the residual currency of the oil portion. The case is not separate, and it is allocated in proportion to the rate of sales of natural gas compared to the total sales of crude oil, condensate and natural gas.

The VIETSOVPETRO case determines the amount of money that only includes the cash-out money from the price difference between the crude oil and the condensate between the actual price compared to the plan price, the VSP does not have to implement the allocation.

1. Identilocate the yield of oil from the excess of the oil portion left:

Oil production output from the currency of the oil portion leaves

=

The balance of the oil portion, condenate leaves

The average price of the power of the crude oil, condensate comes in the balance.

In it:

-The residual amount of the oil portion, condensate left as the amount of the oil portion of the oil portion left to approve at each of the Joint Board meetings except (-) the amount of the surplus of the natural gas section left behind.

-The average value of the crude oil batches, condensate that comes in the balance of the balance (=) the total sales of crude oil sales, condenate in the split (:) total crude oil production, condensate comes out of sale during the remainder.

The remainder of the VIETSOVPETRO period determines the amount of an oil portion of the oil portion left to report to the Board of the Joint Chiefs.

2. Define a temporary accessory for the production of oil from the balance of the oil portion left:

a) On the basis of an oil and interest yield basis from the currency of the oil portion left, the average price of the value of the crude oil shipments sold in the corresponding residual period, VIETSOVPETRO determines the amount of the proceeds of the oil output from the oil portion of the oil portion left in principle. guide to Article 15 and Article 16 of this.

For example 8: Suppose in the year, the Joint Council Resolution base on the decision to end the currency of the oil section left, VIETSOVPETRO determines the amount of currency of the crude oil portion, condensate left as $120,000,000 (after excluding the gas ' s balance of money). Yeah, nature. The average value of the crude oil shipments sold in the event was $120 per barrel.

Oil production output from the currency of the oil portion leaves

=

120.000.000

=

1,000,000 barrels

120

According to the guiding principle at Article 15 and this Article 16, the number of the proceeds of the oil output from the oil portion of the oil portion left to be determined as follows:

(i) The amount of the charge must be filed against the yield of interest from the currency of the oil portion left to correspond to the price of oil rising higher than the base price above 20% to 50%

= 50% x

The average price of the household of crude oil sold in the maximum residual to 150% of the base oil price

-1.2 x

Base crude oil price

x

Oil production output from the currency of the oil portion leaves

= 50% x (1.5 x 75-1.2 x 75) x 1,000,000

= 11,250,000.

And

(ii) The amount of the charge must be filed against the yield of interest from the currency of the oil portion left to correspond to the price of oil higher than the base price above 50%

= 60% x

The average price of the household of crude oil sold in the balance.

-1.5 x

Base crude oil price

x

Oil production output from the currency of the oil portion leaves

= 60% x (120-1.5 x 75) x 1,000,000

= $4.500,000.

The total number of the proceeds must be submitted by the yield of the oil from the residual sum of the oil portion to the = (i) + (ii) = $15.750,000.

b) The case according to the annual VIETSOVPETRO inspection of the Board of Inspects issued an oil portion of the remainder of the oil left, and the Board of Inspects reported the Board of the Joint Chiefs. VIETSOVPETRO performs, filing in revenue, corporate income tax by the decision of the Joint Council.

What? 18. The auxiliary decision when crude oil prices fluctuated

The number of subs required by the total number of charges must be submitted in accordance with the guidelines at Article 16 and paragraph 1, paragraph 2, Article 17 of this.

Section 6

CORPORATE INCOME TAX

What? 19. Business income tax subject

1. Income from the search for exploration, mining and petroleum extraction of VIETSOVPETRO from batch 09-1 is subject to corporate income tax income in the direction of this Information.

2. Income from other business production and income activity other than income from the exploration of exploration, mining and extraction of oil and gas extraction from batch 09-1 of VIETSOVPETRO is subject to corporate income tax in accordance with the income tax legislation. Business now.

What? 20. Business income tax.

1. The value of corporate income tax is the calendar year. The first corporate income tax is calculated from the date of its exploration of exploration, mining and first oil extraction until the end of the first calendar year. The final corporate income tax is calculated from the start date of the last calendar year to the end of the 2010 Agreement and the 2013 Protocol.

2. The first five-year tax-calculation case and the last five tax period to have a period of less than 3 months were combined with the next year tax period or the previous year tax period to form an enterprise income tax. The first year 's corporate income tax term or the last year' s corporate income tax term is not exceeding 15 months.

What? 21. Identitiate the tax income tax rate must be filed

1. Identilocate the value of a property income tax that must be filed against crude oil, condenate and natural gas:

The tax-income tax number

=

Taxable income tax

(a)

x

Corporate income tax rate

(b)

In it:

(a) The temporary taxable income is defined as follows:

Taxable income tax

=

Sales of crude oil, condenate, natural gas

-

Expense excluded

-Sales of crude oil, condensate in each of the semi-free (=) of crude oil production, semi-human capital condenate (x) crude oil prices, condensate in accordance with the wholesale trading contract of each of the previously sold (not including the valuing value tax). In the case of crude oil, the condensate is sold not under a flat trading contract, the price of crude oil, condensate, as instructed at Article 5 of this Information.

-Natural gas sales by (=) gas production of natural gas (x) per month (x) of natural gas prices are defined under the $9-1 parcel of gas purchase contract approved by the Joint Board (which does not include an increased value tax).

-The excluded expenses include:

+ resource tax;

+ export tax;

+ Special taxes;

+ The value of crude oil production, condenate, natural gas left for VIETSOVPETRO used for 90-1 gas oil operation in proportion to the annual review of the Joint Board (max to 35%) by regulation at the 2010 Agreement, Protocol 2013, which is determined. on the price of crude oil, condenate, natural gas that comes from sale;

+ Annex when the price of crude oil, condenate volatility increases above 20% compared to the price of oil, the base condenate.

The above details are determined by the instructions in this message.

(b) The corporate income tax rate by regulation at the 2010 Agreement, the 2013 Protocol was 50%.

2. Identilocate the value of the property income tax from the excess amount of the oil portion left:

The tax income tax rate must be filed

=

Earnings from the currency of the oil section to back

x

Corporate income tax rate

In it:

-Income from the paramount of the oil portion left by (=) The excess amount of the oil portion left to the approval of the Joint Board (-) The number of revenues must be filed against the yield of the oil from the currency of the oil portion left to the corresponding specified corresponding. Article 17 of this.

-The corporate income tax rate according to regulation at the 2010 Agreement, the 2013 Protocol was 50%.

What? 22. Revenue Tax Decision

1. Identitiate the income tax income tax in the tax period:

Taxable income in tax period

=

Sales of crude oil, condenate, natural gas in tax expectations

-

Expense is subtracted in the tax period

+

Earnings from the currency of the oil section to back

-Raw sales of crude oil, condenate, natural gas in the tax period is the entire value of crude oil production, condenate, natural gas that exports in the tax period under the trading of flat casinos (which does not include rising value tax). In the case of crude oil, condenate, natural gas sold not under a flat trading contract, the price of crude oil, condensate is defined as a guide to Article 5 of this Information.

-The excluded expenses include:

+ Income resource tax;

+ export tax;

+ Special taxes;

+ The value of crude oil production, condenate, natural gas left for VIETSOVPETRO used for 90-1 gas oil operation in proportion to the annual review of the Joint Board (max to 35%) by regulation at the 2010 Agreement, Protocol 2013, which is determined. on the price of crude oil, condenate, natural gas that comes from sale;

+ Annex when the price of crude oil, condenate volatility increases above 20% compared to the price of oil, the base condenate.

The above details are determined by the instructions in this message.

-The income from the surplus portion of the oil section is to be determined in accordance with the instructions at the Article 2 Article 21 of this.

2. Identilocate the TNDN tax number must submit in the tax period:

The TNDN tax number must submit in tax period

=

Taxable income in tax period

x

TNDN Tax Tax

+ Income taxable in the tax period determined by paragraph 1 Article.

+ Tax tax tax tax rate by regulation at the 2010 Agreement, Protocol 2013 is 50%.

Section 7

OTHER TAXES, FEES AND FEES

What? 23. Other taxes, fees and fees

In the process of conducting exploration, mining, and petroleum extraction from batch 09-1, VIETSOVPETRO carried out the taxes, fees, other fees not specifically directed at this Information in accordance with the provisions of the tax law, charge, the current fee.

Section 8

DECLARE, TAX.

What? 24. Yuan.

1. The resource tax, corporate income tax, which proceeds when the price of fluctuating crude oil prices, VIETSOVPETRO openings, paid a temporary tax on each of its exports to crude oil, condensate; monthly for natural gas; accounting for annuation. calendar or at the end of the 2010 Agreement and the 2013 Protocol.

2. For special taxes, export tax:

VIETSOVPETRO, paying special taxes according to each of its exports to crude oil, condenate; per month for natural gas.

VIETSOVPETRO practices, exporting export taxes, the deadline for export of export taxes on crude oil, condenate, natural gas exported by law on export taxes, import taxes, and law on tax management.

At the end of the year, the actual production of natural gas mined, exporting changes compared to the expected production of natural gas; the number of actual days of mining of natural gas changes compared to the expected number of days leading to a decision-based resource rate. The changes in comparison to the plan, VIETSOVPETRO base tax rate at the discretion to redefine the export tax rate in the principle of instruction at paragraph 2 Article 11; redefine special tax rates in principle guidelines at the same principle. Paragraph 2 Article 13 This information and implementation of the export tax adjustment, special taxes must be filed.

In case of prescribation of the amount of tax money required by VIETSOVPETRO, VIETSOVPETRO paid a tax rate of the NNNN, not paying a slow payment on the amount of money that must be added above.

The case where the amount of tax proceeds greater than the amount of tax must submit after the calculation of the export tax rate, the special tax rate by the end of the year, the handling of tax money filed by law on export taxes, import taxes, and law. about tax management at the time of the birth.

What? 25. Opening, tax

1. Tax records:

a) The filing of a temporary property tax, a special tax, a tax-income tax, is a temporary tax return for the 01 /TK-VSP issued by this message.

b) The filing of a record-income for the interest from the currency of the oil portion to be a Temporary Deposition of oil from the residual oil of the oil section to the 01-1/PTHU-VSP issued with this message.

c) The filing of a tax-income tax-income tax on income from the currency of the oil portion left is a temporary corporate income tax filing for income from the portion of the oil portion left to the 01-1/TNDN-VSP issued in accordance with the Information Hey.

2. The deadline for filing tax filing:

a) The deadline for filing of a temporary tax resource tax, special tax, a tax-income tax on the property, income tax:

-For crude oil, condenate: the slog is the 35th day since the date of the sale of crude oil, condensate. The date of the sale of crude oil, condenate is the completion date of the export of crude oil, condenate at the point of exchange. The third day is the seventh, Sunday, holiday, day of the day (the following is the date of the holiday) the deadline for filing a tax return is the next day of the day.

-For natural gas: the slog is the 20th day of the month next month of the sale of gas bills. The date of the 20th day is the date of the filing of the tax filing is the next working day of that holiday.

b) The deadline for the filing of a filing of a temporary income for the oil from the balance of the oil portion left and the tax income tax on the income from the excess of the oil portion left:

The delay was the 20th day since the day the Joint Council decided the amount of the oil currency's balance to be followed by a Joint Council meeting but not slower than December 31 each year.

The date of the 20th day is the date of the filing period as the next working day of that holiday.

3. The filing deadline: The slog deadline is the final day of the deadline for the filing of the prescribed tax filing at paragraph 2 This.

What? 26. Opening up, opening tax adjustments

1. The filing of tax repayment:

a) The filing of the resource tax declaration consists of:

The paper asserts the resource tax on oil oil according to the number 2 /TAIN-VSP issued by this Notice and the Petroleum Sales and Revenue Sheet by the number 02-1/TAIN-VSP issued by this message.

b) The filing problem filing is:

The affidavit filed by a sample of 2 /PTHU-VSP issued by this message and the Periodic Auxiliary table filed under the number 02-1/PTHU-VSP issued by this message.

c) The opening of the business income tax problem is the filing of the corporate income tax in accordance with the number 2 /TNDN-VSP issued by this Information.

d) The filing of a special tax adjustment, export tax on natural gas is the Special Tax Adjustment Filing by model number 01 /ĐCB-VSP and the affidavit of the export tax-adjusted tax by model 01 /ĐCXK-VSP issued this message.

2. The deadline for filing a tax decision filing:

-Slow is the 90th day, since the end of the calendar year.

-The delay is the 45th day, since the end of the 2010 Agreement and the 2013 Protocol (in the case of the end of the 2010 Agreement and the other 2013 Protocol with the end of the calendar year).

The case of the 90th day or the 45th day is the date of the holiday, when the filing deadline is the day of the day's next working day.

3. The deadline for filing a special tax adjustment, export tax on natural gas along with the deadline to file a tax decision.

4. The deadline for tax filing under the filing of tax accounting: The slog is the last day of the deadline for filing a tax decision filing deadline.

The deadline for the filing of the arbitrate arbitrate due to a special tax adjustment, export tax on natural gas is the last day of the deadline for filing a special tax adjustment, export tax.

Chapter III

EXECUTION CLAUSE

What? 27. Performance Performance

This announcement comes into effect from 1 January 2015 and replaces the Digital Information. 155 /2011/TT-BTC November 11, 2011, Digital News 191 /2012/TT-BTC November 12, 2012 of the Ministry of Finance.

For crude oil, condensate and Lô Lô gas gas 9-1 mined and sold in 2014, VIETSOVPETRO implemented a 2014 tax return in accordance with this Information.

In the course of execution, if there is difficulty, the entangrium recommended that the units reflect in time to the Ministry of Finance to be considered, resolved.

KT. MINISTER.
Chief.

(signed)

Đỗ Anh Tuan