Decision 2007/134/tt-Btc: Guide The Implementation Of Decree No. 24/2007/nd-Cp Dated 14 February 2007, Detailing The Government's Enforcement Of The Law On Enterprise Income Tax

Original Language Title: Quyết định 134/2007/TT-BTC: Hướng dẫn thi hành Nghị định số 24/2007/NĐ-CP ngày 14 tháng 2 năm 2007 của Chính phủ quy định chi tiết thi hành Luật thuế thu nhập doanh nghiệp

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CIRCULAR guiding the implementation of Decree No. 24/2007/ND-CP dated 14 February 2007, detailing the Government's enforcement of the law on Enterprise Income Tax _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base of enterprise income tax law to be National Assembly XI through June 17 June 2003;
Pursuant to Decree No. 24/2007/ND-CP dated 14 February 2007 from the Government detailing the implementation of the law on Enterprise Income Tax;
Pursuant to Decree No. 77/2003/ND-CP dated 01/07/2003 of government regulation of the functions, duties, powers, organizational structure of the Ministry of finance;
The Ministry of Finance shall guide the implementation of enterprise income tax as follows: a. the SCOPE of APPLICATION of the ENTERPRISE INCOME TAX I. INCOME TAX PAYERS organization BUSINESS, personal business, production of goods and services (referred to collectively as basis trading) below average income tax payers business income according to the instructions in this circular.
1. the production organisation, business, goods, services including: a) The business entity established and registered under the law on business enterprises; The law on State enterprises; Investment law; Cooperative law.
b) Cooperative Association cooperative (hereinafter referred to as the cooperative); the complex work (except in cases referred to in point 1 of part A of section II of this circular).
c) economic institutions of political organization, social-political organizations, social organizations, civil society organizations-career, held in the people's armed forces; agencies, institutions and other organizations.
2. domestic production of personal, business, goods, services including: a) individual and group business individuals.
b) individual business households.
c) independent practice individuals with or without the Office, place of practice fixed (except for working people), such as doctors, accountants, auditors, painter, architect, musician and independent practitioners.
d) personal property such as rental of land, buildings, vehicles, machinery, equipment, and other property types.
3. overseas companies operating manufacturing and trading goods and services through resident establishments in Vietnam.
Permanent base is the base business that through this facility in firms abroad make a part or the whole of its business operations in Vietnam to bring income. Permanent establishments of foreign companies include one of the following forms: a) branch, administrative offices, factories, workshops, warehouses and delivery of goods, means of transport, mines, oil or gas, the exploration or exploitation of natural resources or devices, facilities for the exploration of natural resources;
b) location construction; the construction, installation, Assembly; monitoring of construction activities, building construction, installation, Assembly;
c) basis provides the services including consultancy services through employees or other object;
d) agent for overseas companies;
e) Vietnam representative in the case of:-has the authority to sign the contracts on overseas companies;
-Does not have the authority to sign the contracts on foreign companies but often make the delivery of goods or the provision of services in Vietnam.
The case of the agreement avoiding double taxation to which the Socialist Republic of Vietnam signed a decree on permanent basis shall follow the provisions of that agreement.
4. Foreign companies, foreign organizations, foreign individuals doing business in Vietnam not under the investment law and business law or having incomes generated in Vietnam corporate income tax according to the Finance Ministry's own instructions. 
II. OBJECTS NOT BELONGING to an ENTERPRISE INCOME TAX following objects not belonging to an enterprise income tax: 1. Cooperatives, the cooperative agricultural production income from cultivation, animal husbandry, aquaculture.
2. Households, agricultural production had personal income from agriculture products, livestock, aquaculture, except households and individuals farmers produce goods in large, high income from cultivation, animal husbandry, aquaculture.
Temporarily not yet collecting business income tax for households and individuals farmers produce goods in large, high income from agriculture products, livestock, aquaculture, until a decree by the Government.
Part B BASE CORPORATE INCOME TAX tax base business income is taxable business income during the tax period and the corporate income tax.
I. TAXABLE BUSINESS INCOME taxable business income in the tax-calculation period include the taxable income of the operations, business, goods, services and other taxable income, including income from production and business operations of the goods or services in foreign countries.
Tax period is determined according to the calendar year. Business case basis apply the fiscal year other than the calendar year, the period determined according to the applicable fiscal year. The first tax period for business establishments newly set up and the last tax period for business transformation, business transformation, merging, splitting, dissolution, bankruptcy is defined consistent with accounting period under the provisions of the law on accounting.
Cases tax period the first year of the new business base and tax period last year for business transformation, business transformation, amalgamation, merger, Division, separation, dissolution, bankruptcy has less than 3 months shall be plus tax period the next year (for new businesses) or in terms previous year tax (for business transformation, business transformation, merge, merging, splitting, dissolution, bankruptcy) to form one corporate income tax period. Enterprise income tax-calculation period first year or tax period business income last year does not exceed 15 months.
Taxable income in the tax period determined according to the following formula: taxable income in the tax period = the turnover for calculation of taxable income in the tax-calculation period reasonable expenses in the tax period + other taxable income in the tax period after determining the taxable income according to the formula above business establishments, except for the number of holes of the previous tax period before determining corporate income tax amount as prescribed in the regulations.
The case of the agreement avoiding double taxation to which the Socialist Republic of Vietnam signed a decree on the method of determining the taxable income of resident establishments shall comply with the provisions of that agreement.
II. TURNOVER For CALCULATION Of TAXABLE INCOME 1. The turnover for calculation of taxable income shall be determined as follows: turnover for calculation of taxable income is the full sale of the goods, money to provide services including account subsidies, surcharges, additional business establishments are entitled irrespective of has or has not obtained the money.
a) for business value added tax according to tax deduction method, the sales tax value.
For example, A business establishment is subject to value added tax according to tax deduction method. Invoice value includes the following criteria: price: VND 100,000.
VAT (10%): 10,000.
Price paid: 110,000.
The turnover for calculation of taxable income is 100,000.
b) for business value added tax according to the direct method on value is revenue including value added tax.
For example: base business B is the tax payers of value added by the method directly on the added value. Sales invoice scored only selling price is 110,000 (prices have VAT).
The turnover for calculation of taxable income is 110,000.
2. when determining the turnover for calculation of taxable income shall be determined as follows: a) for goods is the time of the transfer of ownership of the goods or the time of the printed invoice.
b) to the services is complete service time or time of the printed invoice.
3. Turnover for calculation of taxable income in some cases determined as follows: a) for goods sold under the installment method is money selling goods to pay once, not including interest.  
b) for goods or services sold under the deferred method is money on sale of goods, the one-time service, not including deferred interest.
The case of the payment by installment purchase contracts, deferred perpetuate many of the tax period, the turnover is the amount receivable by the buyer during the tax period does not include interest on installment, deferred by the deadline specified in the contract.
The identification of costs when determining taxable income with sales goods, deferred to follow the principle of cost must match the revenues.
c) for goods and services provided by business establishments make use to Exchange; courtesy, gifts; equipment, bonus for employees is determined on the basis of money selling goods or services of the same type or equivalent on the market at the time of the Exchange; courtesy, gifts; equipment, bonus for employees.
d) for goods and services provided by business establishments, making himself available for the production process, such as: self power business user, produces products used as fixed assets, construction products, DIY is the cost of producing that product.
e) for goods machining operations is proceeds offshoring including wages, fuel, power, extra material and other costs for processing the goods.
g) business establishments receiving agent, dealership sales price regulation of business affairs agent, dealership is the Commission was entitled under the contract, the goods dealer.

h) for property rental activities including base business home building investment for workers to rent is the amount of money individual States property rental according to the contract about property rentals, for rent.
The case of prepaid rent party for many years, the turnover for calculation of taxable income shall be determined consistent with identifying the cost of business establishments.
Depending on the conditions on the determination of reasonable costs, businesses can choose one of two methods of determining the turnover for calculation of taxable income as follows: – the amount of property rental each year are determined by the prepaid amount (=) divides (:) for years paid in advance.
-Is the full amount of the rental properties of number of years paid in advance.
The base case are business tax incentives during the choice of the method of determining the turnover for calculation of taxable income shall be the full amount of the prepaid rental-party rental for many years, the determination of business income tax each year tax free, tax relief based on the total number of enterprises income tax prepaid year divided by the number of years for lessees:) (pay before.
For organizations and individuals have not made the mode of accounting, invoices according to the prescribed regimes, have active rental properties that pre-paid rent party for many years, the turnover for calculation of taxable income shall be the full amount of the prepaid rental properties for many years.
I) for credit operations is the amount of interest receivable arising in the tax period for the debts identified as having the ability to recall all of the original interest rate, on time.
-For the amount of interest receivable of loans in the income accounting was limited but the repayment term (origin, interest) customers do not pay on time, credit institutions on the cost accounting of business activities and monitor the outside of the Panel to urge currency. When collected, the accounting on income.
-For the amount of interest receivable arising in States of debts customers do not pay on time, credit institutions outside the tracking table to urge currency, when the currency was on accounting income.
-For currency interest rate deposits, investment trusts, bonds interest rate vote ... is the amount of interest receivable in the period.
k) for air transport operations is the full amount from the carriage of passengers, baggage, goods, irrespective of whether the money has earned the money. Time determine the turnover for calculation of taxable income shall be the time of complete transportation services.
l) for the sale of electric power sales is the invoice value. Time determine the turnover for calculation of taxable income is day electric meter indicator confirmation and the invoice charge.
For example, the Bills of electricity meter index records from on 5/12 – 5/1. The sales of this invoice is calculated in January.
m) for other activities such as clean water business... turnover for calculation of taxable income are determined similarly electrical sales activities.
n) for running the business of insurance and reinsurance is the right amount of premium income, service fees (inspection agent losses, considering compensation, request reimbursement of third person, handle every claim 100%); the fee received reinsurance reinsurance Commission revenue; and the other revenues of the insurance business after subtracting the sum spent for rising currency as: insurance refunds, reducing the charge to receive reinsurance; the Commission completed the reinsurance, reinsurance Commission reduction.
o) for construction activities, installation is the value, the value of projects experience delivered or the value of the volume of building and installation experience delivered.
-The case of the construction, installation and how the bid materials, machinery, equipment and money from construction, installation works including the value of raw materials, machinery, equipment.
-The case of construction, installation contractors not raw materials, machinery, equipment and money from construction activities, installation does not include the value of raw materials, machinery, equipment.
p) for real estate business activities is amount currency on business property. Turnover time is the time of the transfer of land use rights, transfer of ownership works, architectural objects or lateral transfer time to hand over the property to the assignee or to the time of the printed invoice.
q) for business activities in the form of business cooperation contract: – where the parties to the contract business division business results with turnover, the turnover for calculation of corporate income tax of each side is the amount of money selling goods, services of each side are divided according to business cooperation contracts.
-Where the parties to the contract business division of business results by product, the turnover for calculation of corporate income tax of each side is the amount of money selling that product.
-Where the parties to the contract business division business results with a profit, the turnover for calculation of corporate income tax is the amount of money selling goods, services of business cooperation contract. The parties to the contract business partnership sent out a party to make representations, export invoices, record revenues and declare business income tax instead of the rest of the party to the contract business.
III. The EXPENSES Are NOT CALCULATED Into REASONABLE EXPENSES When DETERMINING TAXABLE INCOME 1. Principles determining the expenses are not calculated into reasonable expenses: 1.1. The account does not have full invoice vouchers as specified invoice or voucher, not legal.
1.2. expenses not related to creating revenue, taxable income in the tax period.
1.3. expenses covered by other funding sources.
2. The following expenses are not calculated into reasonable expenses: 2.1. Depreciation of fixed assets belonging to one of the following cases: a) depreciation for the fixed asset is not used for production operations, business, goods, services.
Private fixed assets in service for workers working in business establishments such as: houses between ca, home to eat between ca, home to change clothes, the toilet, the water tank, clean the garage, rooms or clinics for consultation and treatment, airport shuttle workers, training establishments, vocational , houses for workers due to business construction are depreciation calculated on a reasonable cost.
b) depreciation for fixed assets do not have proof of being in the ownership of the business establishments (excluding fixed assets in financial leasing).
c) depreciation for the fixed asset is not managing, tracking, accounting in accounting books of business establishments under the regime of fixed asset management and accounting.
d depreciation) exceed the current regulations of the Ministry of Finance on management, use and depreciation of fixed assets. The base case profitable depreciation method applied according to straight line depreciation, quickly to technological innovation is the depreciation in excess of 10 times the prescribed depreciation rates.
Other special cases are depreciation calculated into reasonable expenses as determined by the Ministry of finance.
e) depreciation for fixed asset depreciation was most valuable.
g) depreciation for buildings on land use for production of medium business to use for other purposes shall not be calculated into reasonable expenses depreciation for the value works on the respective land not used in production and business activities.
2.2. cost of materials, materials, fuel, energy, commodity consumption beyond reasonable part, lost or damaged was the Organizer, personal compensation. 
Reasonable consumption of raw materials, materials, fuel, goods used in production, business by business basis built. Reasonable consumption was built from the beginning of the year or beginning of produced products. The case of some raw materials, materials, fuel, goods the State issued the norms of attrition then follow the norm of the State was issued. The case of business establishments do not build a reasonable consumption, the consumption is determined based on the norms of consumption of business establishments in the same profession, the field, the same scale.
2.3. cost of wages, the wages in one of the following cases: a) the cost of salaries, wages and allowances paid to laborers but the expiry of tax filing in fact yet. b), remuneration and salary costs due to base business spending outside the labour contract or collective labour agreement. The cost of wages, public money spent no labor contracts or collective labour agreement under the provisions of the law on labour, except in cases where business establishments to hire workers or service work.
c) bonuses for workers non wage, not recorded in the labour contract or collective labour agreement. 
d) salaries, remuneration of owners of private businesses, households, individuals and business. Remuneration paid to the founders, the members of the Board members, the Board is not directly involved in the manufacture and trading of goods and services.
2.4. Costs of business establishments, buy goods and services without an invoice, be allowed to set up lists for the purchase of goods, purchase of services on (according to model No. TNDN 1/included herewith) but no set lists attached to vouchers for payment basis, sales people, to provide services in the case : buy products made of rattan, bamboo, rush, coconut, Palm, of the farmers who directly worked out; buy craft products of the craftsman does business; buy land, stone, sand and gravel extraction order of the people; purchase of agricultural, forestry and fishery producer, caught selling out; buy scrap of direct currency picked up, buy equipment, household assets, used personal directly sold and some services purchased by business not personal.

Lists for the purchase of goods and services provided by the legal representatives of business establishments and are responsible before the law for the accuracy, honesty. The case of the purchase price of goods and services on the table is higher than the market price at the time of purchase, then the tax authorities based on the market price at the time of purchase, the service of the same kind or similar on the market reassessed the price to calculate back reasonable costs when determining taxable income.
2.5. the mid-shift cost monthly for each of the worker exceeds the minimum wage prescribed by the State for State servants. 
2.6. the cost of food for weight employees worked in some special industries exceeds State regulations.
2.7. The genus reward initiative, innovation, business establishments that do not have specific regulations regulations about the genus bonus initiative, innovation, no trials Council initiatives, improvements.
2.8. The genus funding for education is not properly the object specified in paragraph a of this section, no records determine the grants referred to in point b below: a) funding for education, including: funding for the opening of school in the forms of public and private schools in the national education system according to the provisions of the law on education; Funding of infrastructure serves the teaching, learning and school activities; Funding scholarships for students, students at educational institutions, professional education and university education establishments are stipulated in the law on education; Funding for the competition of the subjects are taught in school that is the participant object.
b) record grants for education are: the minutes confirmed grants signed by representatives of business establishments is the sponsor, representative of the legitimate institution is funded (by model No. TNDN 2, attached to this circular).
2.9. the genus compensation, subsidies for the accident, labor occupational disease exceeds the regulations. Genus buy life insurance for workers.
2.10. cost to pay electricity, water for the water power contract by the owner to hire the location of production, trading directly with the power supply unit, the water there is not enough evidence from one of the following cases: a) base case production location rental business direct business payments money for water, power and water provider have no lists (according to the model No. TNDN 3/attached to this circular) attached to the bill payment of electricity, water and the lease on the location of production and business.
b) case base business business location rental payment of electricity, water with owners for renting business locations no lists (according to the model No. TNDN 3/attached to this circular) accompanied by proof of payment of electricity bills, water for people renting business locations match the amount of electricity the actual water consumption, and the lease on the location of production and business.
2.11. the cost of fixed assets exceeding the allocated according to the number of years that the parties go prepaid rental.
For example, A property rental business fixed in 4 years with the amount of the rent is: 400 million and paid once. Cost of fixed assets are accounted into the costs every year is 100 million. Cost of fixed assets exceed 100 million annually, the part beyond 100 million are not calculated into reasonable expenses when determining taxable income.
For the cost of repair of fixed assets rental property lease in which regulated rent party is responsible for the repair of the property during the rental cost of repairs of fixed assets go into accounting allowed rental costs or allocated costs but fade into the maximum period not exceeding 3 years.
The case of the cost to have the assets do not belong to fixed assets: expenses for buying and using the technical documentation, patents, technology transfer licenses, trademarks, business advantage ... are gradually distributed to business expenses but must not exceed 3, 2.12.  Genus train car, vacation allowance is not correct according to the provisions of the code of Laođộng; Part for a younger laborers to work (not including travel money and money in) exceeds twice the level prescribed under the guidance of the Ministry of finance for civil servants, officers of the State.
2.13. expenses for female workers is not the right audience and excess spending according to the rules below: a) spent on training for women workers in the case of the old craft no longer appropriate to switch to other occupations according to the development plan of the business establishment.
This includes expenses: fees (if any) + salary disparity ranks (100% guaranteed salary for people going to school).
b) costs salaries and allowances (if any) for teachers to teach in nursery, kindergarten due to business organization and management. The number of teachers is determined according to the norm due to the system of education and training provisions.
c) Health Organization costs more 12 times during the year as the doctor career, chronic or gynecological women employees.
d) spend on fostering for female laborers after childbirth first or second. Spending does not exceed 1.5, the minimum wage prescribed by the State to help women overcome the difficult part because of childbirth.
e) overtime allowance for female workers in the case of objective reasons no female workers according to the prescribed regimes that stayed to work for the business establishments are charged according to the current mode.
2.14. the genus costumes with money for workers exceeds 1,000,000 VND/year.
2.15. the social insurance fund filed the quote, health insurance, Union expenditure exceeded regulations. Part of contributions form the source for superior management costs, contribute to the funds of the Association exceed the prescribed level of business establishments, associations.
2.16. the cost of interest on loans for production, business, goods, services of credit institutions, financial institutions beyond the actual interest rate on the loan contract. Part of the loan interest rate costs for others beyond the actual interest rate on the loan contract or loan interest costs in excess of 1.2 times the high lending interest rate for the same time of the credit institution which is the basis of business related transactions.
 The payment of interest on money borrowed for capital contribution or payment of loan interest rate corresponding to the part of registered capital missing including cases where business establishments went into production.
2.17. Extract, and improper use of mode to extract and use to fund research and development of science and technology of the enterprise.
2.18. Cite, and use the reserves off inventory, loss prevention financial investments, debt reserve provision and maintenance of backup products, goods, construction works not in accordance with the instructions of the Ministry of finance.
2.19. Cite, and use the Fund preventive support, job loss and retrenchment for workers not under the current regime.
2.20. Expenses to extract that does not include the genera: excerpt about major repairs of fixed assets and other advance deductions.
Particularly for the fixed assets particularity, the periodic repair, business establishments shall be taken before the repair costs according to cost of production, business. If the number of actual repairs is greater than the number quoted as estimating the base business was added to the reasonable costs of this disparity, if the number is less than the actual quote by estimating the cost accounting.
2.21. The cost of advertising, promotion, transaction costs, foreign (not included: costs of market research: exploration, survey, interview, collect, analyze and evaluate information; the cost of development and support of market research; the cost of hiring consultants to perform the research, development and support of market research; Exhibiting costs, product introduction and exhibition fair trade: the cost of opening the room or booth exhibits, product introduction; the cost of renting the space to display, product introduction; the cost of materials, tool support, product introduction; the cost of shipping the product on display, introduction); The genus, the genus reception Commission, the cost of the Conference; Marketing support costs, support costs, the cost of discount payment (including by money for dealers and buyers of goods and services with high volume); Genus report, courtesy of the press agencies and the other cost categories section exceeds 10% of the total reasonable expenses. For business and commercial activities at reasonable cost to determine the level of control does not include the price of the goods sold.
2.22. The expenses of the insurance operations, the lottery business, securities business and a number of other specific business activities not performed properly according to the separate instructions text of the Ministry of finance.
2.23. Losses due to exchange rate variances re-evaluation of the original monetary items in foreign currencies of financial year end;  the difference in the exchange rate losses incurred in the process of basic construction investment (the stage before the production and business operation).
2.24. expenses for business management by the company abroad allocated for resident establishments in Vietnam exceeded part costs are calculated according to the following formula: cost management business by the company abroad allocated for resident establishments in Vietnam during the period of tax revenue = resident establishments in Vietnam in the period x total cost of management business of overseas companies in the tax period.




A total turnover of overseas companies, including sales of permanent establishments in other countries during the tax period






The grounds for determining the costs and revenues of the company abroad is the company's financial reports abroad have been audited by an independent auditing company, which made the company's sales abroad, the costs of the management of foreign companies , the parent company management fees abroad allocated for resident establishments in Vietnam.
Permanent establishments of foreign companies in Vietnam have not made the accounting mode, invoices, vouchers, according to the tax declaration shall not be calculated into reasonable expenses expense management business by overseas companies.
2.25. The fines on administrative violations such as traffic law violations, violations of business registration mode, violation of accounting mode statistics, in violation of tax legislation and the administrative infringement penalties prescribed by the law.
2.26. Expenses for capital construction investment; support the unions, social organizations and local support; charity spending except funding for education expenses outlined in point 2.8 of this part; the cost of buying the golf membership card, the cost of playing golf.
2.27. Taxes: a) Vat of base business filed VAT was deductible by the method of deduction or reimbursement;
b) enterprise income tax;
c) tax on the transfer of land use rights;
d) personal income tax.
2.28. Costs not justified under the provisions of other laws.
IV. OTHER TAXABLE EARNINGS the earnings of other taxable in the tax-calculation period include: 1. Income from securities trading.
2. Income from operations relating to intellectual property rights, copyrights.
3. other income of ownership, the right to use the property.
4. Income from transfer of property, liquidate assets. This income is determined by (=) the turnover obtained by the assignee of the property, liquidate assets minus (-) the remaining value of the asset transfer, liquidated on the bookkeeping and the expenses related to the transfer, the liquidation of assets.
5. Income from interest on deposits, interests on loans (including interest deferred, interest rates expired ...), interest on deferred sales, installment sales, interest rate interest rate obtained by the buyer the payment delay compared with provisions in the terms of payment in the contract, interest on bonds (except for the types of bonds are tax exempt under the regulations).
6. Income from foreign currency trading.
7. about income disparity of actual exchange rates arising in the period of business activity (not including interest rates disparity due to reassess the original monetary items in foreign currencies last year financial, interest rate disparity arises in the process of basic construction stage before the production and business operation).
8. The last amateurs reserves discounted room inventory, loss prevention financial investments, debt prevention and complete the enter product warranty reserve account, goods, construction works have been extracted but the expiry of warranty is not in use or no use.
9. Currency debt already cleared of accounting nowadays claim to be.
10. Currency the liabilities do not identify the creditors.
11. Currency of the contract violation fines.
12. Earnings from manufacturing operations, business, goods, services of the year ago missed new discovery.
13. Income received from production activities, business goods or services abroad.
Vietnam enterprise investments abroad have income from production and business operations in foreign countries, make statements and submit business income tax as required by the income tax act to Vietnam's existing business, including business cases are enjoying preferential income tax exemption under the regulation of investment business countries. The level of corporate income tax rate to calculate tax and paying for the earnings from abroad is 28%, do not apply a tariff preference (if any) that Vietnamese enterprises investing abroad are entitled under the law on Enterprise Income Tax.
The tax authorities have the right to determine taxable income from production and business operations in Vietnam business foreign investment abroad for violations of regulations on Declaration and payment.
The case of earnings from overseas investment projects were subject to corporate income tax (or a similar nature taxes such as corporate income tax) in foreign countries, when calculating business income tax payable in Vietnam, Vietnam business investing overseas tax already paid abroad or have been receiving water investment partners charged instead ( including tax for stock interest), but the tax deduction does not exceed the income tax amount calculated according to the regulations of the corporate income tax law of Vietnam. The number of enterprise income tax to foreign investments in Vietnam are long, falling for the profits from foreign investment projects under the laws of the country of the business investment also excepting when determining corporate income tax payable in Vietnam.
Example 1: A Vietnam business have a 800 million earnings from investment projects in foreign countries. This income is income after tax according to the law of the country of the investment business. The payable income tax amount calculated according to the provisions of the corporate income tax law of the country of business investment is 200 million. After tax was reduced 50% according to the regulations of the corporate income tax Law of the country of business investment is 100 million.
Income from overseas investment projects is calculated according to the income tax regulations of enterprise income tax law of Vietnam as follows: [(800 million + 200 million) x 28%] = 280 million Of corporate income tax is also payable (after deduction of the tax already paid in the country of investment business) is : 280 million-200 million = 80 million example 2: Vietnam business A has 660 million earnings from investment projects in foreign countries. This income is income remaining after income tax already paid in the country of investment business. Corporate income tax has been filed as required by the water business investment is 340 million.
Income from overseas investment projects of enterprises have to declare and pay tax on income as defined by the income tax act business of Vietnam as follows: [(660 million + 340 million) x 28%] = 280 million Vietnam business address tax already paid in the water business to invest the equivalent of the tax calculated under the law on Enterprise Income Tax of Vietnam is 280 million. Number of tax already paid in the country of investment enterprises exceed calculated enterprise income tax law of Vietnam is 60 million (340-280 = 60) are not deducted from tax when declare and pay tax business income in Vietnam.
 The attached profile when declare and pay tax of Vietnam enterprises investment abroad for earnings from overseas investment projects include:-business decision about whether to split the profits of the investment projects in foreign countries.
-The financial report of enterprises were organized independent audit confirms.
-Income tax of enterprises in investment projects in foreign countries (copy certified by the competent representative of the overseas investment projects);
-Tax thereon for business (if any);
-Confirmation of tax, the tax already paid abroad tax paid or rather, tax exemption, reduction of the tax authorities in the country of investment business.
The case of investment projects in foreign countries have not generated taxable income (or are incurred losses), when the declared corporate income tax every year, Vietnam businesses investing abroad must submit financial report only confirmed by independent audit authorities or the competent authorities of the country of the investment business and the income tax investment in foreign countries (copy certified by the competent representative of the investment projects in foreign countries). The number of losses arising from overseas investment projects are handled or transmitted pursuant to the investment business is water, not deducted the revenue generated when their domestic business enterprise income tax.
Earnings from overseas investment projects are declared on the enterprise income tax next year's financial year incurred overseas earnings or declared on the enterprise income tax of financial year together with the year incurred overseas earnings if the business has sufficient basis and documentation of income and the number of income tax returns filed by investment projects in foreign countries.
Example 3: A Vietnam business income from overseas investment projects in fiscal year 2001. Vietnam business A must-declare the above earnings on income tax declarations of financial year 2002 as required by the corporate income tax Law of Vietnam.
For earnings from trading operations of investment projects in countries that have signed the agreement on avoiding double taxation with Vietnam, Vietnamese enterprises investing abroad to declare and pay tax as defined in the agreement.
14. The earnings related to the consumption of goods, providing services not included in the revenue as quick launch, prize: prize money in catering, hotel after subtracting expenses to generate that income.
15. The earnings from these activities contribute to equity, joint ventures, domestic economic links. The case of earnings received as income to be divided from the income after income tax business activities contribute to equity, venture, economic links, business establishments shall receive earnings not corporate income tax.
16. Income on consumption of scrap, after subtracting the cost of recovery and the cost of consumption.
17. Gifts, monetary gifts, in-kind; income received by the money from account marketing support, support cost, discount, promotional bonus payments and other grants.
18. The other earnings.

Base business revenues, expenses and taxable income in foreign currency foreign currency exchange to Vietnam the average transaction rate on the inter-bank foreign currency market by the State Bank of Vietnam announced at the time of deriving revenue, expenses and taxable income unless otherwise specified by law. For foreign currencies without exchange rates with Vietnam to convert through a currency exchange rate with Vietnam.
V. CORPORATE INCOME TAX 1. Corporate income tax is 28%.
The business activities of lottery business income tax according to the tax rate of 28%, the remaining income to be paid to the State budget after deducting the amount quoted, founded on the Fund under the provisions of the Ministry of finance.
2. the enterprise income tax rate applicable to business establishments conducted the search, exploration and exploitation of oil and gas and other precious resources from 28% to 50% match with each project, each business establishment.
Business establishments have investment projects in search, exploration and exploitation of oil and gas and other precious resources sending resumes to investment project finance. The Ministry of finance study and the consultation of the departments concerned, the Prime Minister decided on the specific tax rates for each project.
3. investment projects in an investment incentives apply enterprise income tax according to the instructions in section III of part E of this circular.
Part C of the TAX INCOME FROM the TRANSFER of LAND USE RIGHT or LAND rent right i. TAX PAYERS of income tax payers from the transfer of land use right or land rent right is the production organisation, business, goods, services (referred to as business organizations) have incomes from the transfer of land use right land rent right.
The organization does business, household, personal and business transfer of land use right or land rent right is not subject to income tax payers from the transfer of land use right or land rent right under the guidance of this circular that tax payers in the transfer of land use right pursuant to the law on tax on transfer of land use right and the legal text guide to land use right transfer tax.
II. Scope Of APPLICATION Of The TAX INCOME FROM The TRANSFER Of LAND USE RIGHT Or LAND Rent Right 1. The case of the transfer of land use rights subject to tax income from the transfer of land use right: a) Transfer of land use rights does not yet have the infrastructure, architectural works on land.          
b) Transfer of land use right along with the infrastructure on the ground, architectural works on land.
2. cases of land rent right is subject to tax on income from transfer of land rent right: a) land rent right does not yet have the infrastructure, architectural works on land.
b) land rent right along with the infrastructure on the ground, architectural works on land (including sale of assets associated with land rent in the form of paid annual rent that the buyer of the property right of land lease procedures with the State under the provisions of the law of the land).
Taxable income object from the transfer of land use right or land rent right, referred to in points 1, 2 of this section are incurred are subject to income tax, irrespective of the form of the transfer procedures, such as: land lease sublease of the State; transfer back to shares of land use right or land rent right; the transfer through the State agency decision revoked and transferred to the assignee.
III. The CASE Of The TRANSFER Of LAND USE RIGHT Or LAND Rent Right Is NOT SUBJECT To INCOME TAX On The TRANSFER Of LAND USE RIGHT Or LAND Rent Right 1. The competent State agencies, land rental for business organizations under the provisions of the law of the land.
2. Business organizations to return the land to the State or by the State land under the provisions of the law do not include cases of business transfer of land use right or land rent right for other objects then procedures are State bodies recovered and transferred to the assignee.
3. Business entity selling the factory along with the transfer of land use right or land rent right to move location according to the master plan of the State.
4. capital contribution by the business organization the right to use land for production and business cooperation with organizations and individuals in the country and abroad in accordance with the law.
5. Business transfer of land use right or land rent right due to split, split, merger, bankruptcy, business form conversions according to regulations of the corporate law and the law of the Phásản.
6. private business owners to transfer land use rights in cases of divorce, inheritance as prescribed by law; Transfer of land use rights between husband and wife with; among parents with children; between paternal grandparents, grandchildren; between the siblings together.
7. Business organizations donated of land use to the State or to the charity to build works of culture, health, fitness, sport serves the public interest; transfer of land use right for the charity beneficiaries of social policy.
8. transfer of land use right or land rent right of the base business building, business infrastructures of industrial zones, export processing zones, hi-tech zone, economic zones, industrial, industrial and important projects due to the Prime Minister to decide. Transfer of land use right associated with the sale of the apartment in private condominium common.
IV. TAX BASE INCOME FROM TRANSFER of LAND USE RIGHT or LAND rent right tax base income from transfer of land use right or land rent right is taxable income and the tax rate.
1. taxable income.
Taxable income from the active transfer of land use right or land rent right is determined by the revenue obtained from the transfer of land use right or land rent right transfer fee unless the land use right or land rent.
1.1 revenue from transfer of land use right or land rent right.
a) revenue obtained from the transfer of land use right or land rent is determined according to the actual price of land use right or land rent right between business organizations transfer of land use right or land rent (including the surcharge and additional fees if any) right of land use at the time of the transfer of land use right , the time of transfer of land rent right.
Time of turnover tax calculation is the moment the seller to transfer of land use right or land rent right to the buyer, regardless of whether the buyer has registered property ownership, land use right or land rent right, in the competent State bodies.
The actual transfer prices are defined as follows:-Is the invoice price.
The case of the invoice price is lower than the actual amount of the transfer of land use right side receive the tax revenue determined according to the actual price of land use right transfer.
The case of the invoice price or the actual price of land use right transfer lower prices due to the provincial people's Committee, the city of centrally prescribed, the turnover tax is determined according to the reviews by the provincial people's Committee, the city of centrally prescribed at the time of the transfer of land use rights.
-Is the price of winning the auction in the case of auctions of land use right or land rent right.
b) turnover for calculation of taxable income in some cases are defined as follows:-the case of the transfer of land use right or land rent right along with the infrastructure on land tax revenue is the full amount of the party assignee accepts the payment, including the amount of the transfer and renting infrastructure the infrastructure on the ground.
-The case of the transfer of land use right or land rent right along with the infrastructure, architectural works on land if the hefty amount separate sale of architectural works on land, the turnover tax is the amount of land use right accept payments do not include hefty money on sale of architectural works on land. The case of the transfer of land use right or land rent right not to separate the hefty money on sale of architectural works on land, the turnover for calculation of taxable income shall be the full amount of land use right or land rent right, accept payments, including a hefty amount of sale of architectural works on land.
The billing record for turnover from the sale of works, the infrastructure on the ground attached to the transfer of land use right or land rent right to make statements, base lodging tax are as follows: * cases determined to be turnover from the sale of works, infrastructure on land and land use rights transfer revenue land rent right then on the invoice record separate sales of each operation and the Declaration and payment of value added tax, for each operation. In particular:-the turnover from the sale of the work, the infrastructure on the ground is the selling price had not recorded a VAT invoice line on RATES as prescribed;
-Revenue transfer of land use right or land rent right are recorded separately in the order: + revenue from transfer of land use right or land rent right;
+ Land use Money, money hit the auction of land use, land rental has filed GOVERNMENT EXCESSIVE;
+ Taxable turnover value (excluding land use money, money hit the auction of land use, land lease, filed GOVERNMENT EXCESSIVE).
Turnover from the sale of the work, the infrastructure on the ground to be consistent with the market price. The case record unit sales price does not match the market price then the turnover from the sale of the work, the infrastructure on the ground to be reassessed under the principle: turnover from the sale of the work, the infrastructure on the ground for the construction work to ensure the value of public works, infrastructure on land not be higher than the value the settlement process of the plus (+) interest rate level in construction according to the provisions of the State.

* Cases not identified separately turnover from the sale of works, infrastructure on land and land use rights transfer revenue, land rent, the turnover for calculation of income from transfer of land use right or land rent right is total revenue (including turnover from the sale of works , the infrastructure on the ground and the revenue transfer of land use right or land rent right,).
-For the case of sale of assets associated with land rent in the form of annual land rent paid, the turnover tax is the full amount of the party assignee accepts payment (including the value of assets on the ground and support compensation (if any).-for the transfer of capital by land use right, which is the business tax revenue is the amount of the transfer of land use right or land rent right under the contract of the transfer of capital.
-The case of credit institutions receive the value soil use right secured loan to replace the implementation obligations are guaranteed if there is transfer of right to use land as collateral secured loan, the turnover for calculation of taxable income is the transfer of land use rights by the parties to the agreement.
-The case of the transfer of land use right is property levy ensures enforcement of the judgment, the turnover for calculation of taxable income is the transfer of land use rights by the parties to the agreement or the equivalent price valuation determined by the Council.
 The determination of the revenue for the cases stated in b must guarantee the principles outlined in detail a this point.
1.2. cost of transfer of land use right or land rent right: a) the principle of determining charges:-The costs are calculated into reasonable expenses to determine taxable income transfer of land use right or land rent right in the tax period should correspond to the turnover for calculation of taxable income.
The case of the turnover for calculation of taxable income including public works, infrastructure on the land, the cost of transfer of land use right or land rent right, including reviews of capital works, the infrastructure on the ground.
The case of the sale of assets associated with the land rent, the costs include the value of assets tied to the soil are accounted according to bookkeeping.
-Investment project case complete each part and gradually transfer according to the schedule, the general expenses used for the project, the costs of direct use for the finished project is allocated according to the transfer of land m2 to determine taxable income of land transfer; includes: costs of internal roads; the green campus; the cost of investing in the construction of drainage system; transformer stations; costs of property claims on land; costs of compensation, resettlement assistance and costs implementation of compensation, resettlement assistance, have not been deducted from the amount of use of land or land rent payable to the budget; land use the money to pay the State budget and the other on land investment costs related to the transfer of land use right or land rent right. The allocation of costs made according to the following formula: cost allocation for land has moved right = the total cost of infrastructure investment x land was the transfer Of land was assigned to do the project (except land used for public purposes under the rules of the law of the land).





The case of a part of the project area does not transfer the right to use in other business activities, the general expenses mentioned above are also allocated to both parts of this area for monitoring, accounting, income tax declaration for business with other business activities.
The base case active business investment in building infrastructure, extended from 5 years to 1 year on and just settlement infrastructure value when the entire work is complete, when the aggregate costs of transferring land use right for the land was right business facility was temporarily allocated the cost of infrastructure investments actually incurred according to the proportion of the land area was right according to the above formula. After the completion of the process of construction, business establishments are adjusted the costs of infrastructure investment temporarily allocated for the area transferred power to match the total value of infrastructure. Case when adjustments arise surplus compared with the incomes from the transfer of land use right, the base business tax surplus tax of the next tax period or be reimbursed according to the applicable regulations; If the amount of tax already paid enough, the base business is responsible for the missing tax fully under the rules.
b) costs the transfer of land use right or land rent right shall be calculated into reasonable expenses to compute taxable income, including:-Price of capital transfer of land is determined as follows: + for land originated by State Affairs there collect money using the land for land rent is the amount of land use land rents to be paid into the State budget.
+ For land originated by the use of other individuals, organizations or other individuals, organizations or land rent right is the amount due to the land-use right to accept payment.
+ For land originated due to the change of State land works is the value works.
+ For land auction by the origin the right amount of payment according to the price of winning the auction.
+ For land of origin is the property business, which is valued as a capital contribution by the parties to the agreement when raising capital.
+ For land of business organizations originated due to the use of land without legal papers; due to inherited under civil law; due to be given, courtesy, gifts that do not determine the price of the land, the cost prices shall be determined according to the price of the soils by the provincial PEOPLE'S COMMITTEE rules applicable at the time of receiving the rights to use the land. The above case, if the time of receiving the rights to use the land before the provincial people's Committee, the city of centrally issued price of the locally applicable soil types according to the provisions of Decree No. 87/CP dated 17/8/1994 of the Government of framing the soil type, the cost prices shall be determined according to the price of the soils by the provincial people's Committee the central cities, issued the first applied under the provisions of Decree No. 87/CP dated 17/8/1994.
+ For land secured loan mortgage, the land is property levy to ensure enforcement of the judgement, the price of land capital is determined depending on each specific case according to the instructions in the above mentioned points.
-Costs of compensation, resettlement assistance and costs implementation of compensation, resettlement, assistance under the provisions of the law, yet to be deducted from the proceeds of land use, land rent payable.
-Compensation for damage on the United States.
The expenses for compensation, compensation, resettlement assistance and costs implementation of compensation, resettlement assistance mentioned above if no invoices are created lists specify: name; the address of the recipient; the compensation amount, support; the signature of the person receiving the money and the Government has land place is compensated, support confirmed in accordance with the provisions of the law on compensation, resettlement and assistance when the State revoked the land.
-The types of fees under the provisions of the law relating to the grant of right to use land.
-Land improvement costs, leveling.
-The cost of investing in the construction of infrastructure such as roads, electricity, water supply, sewerage, telecommunications ...-other expenses directly related to the transfer of land use right or land rent right.
The case of business establishments have business activities in many different industries to private accounting expenses. No separate accounting case is the cost of each operation, the joint costs be allocated according to the ratio between the revenue from the transfer of land use right or land rent right, compared with total revenue of business establishments.
Don't count on the cost of the transfer of land use right or land rent right, the expenses were paid by the State or paid by other sources of capital.
2. Tax on income from transfer of land use right or land rent right.
a) tax rate applies to income from the transfer of land use right or land rent right is 28%.
b) after tax income tax rate of 28%, the remaining income to calculate the additional income tax according to the partially progressive schedule below: partially progressive tariff rate Ranks the remaining income on tax charges 1 to 15% 0% 2 15% to 30% 10% 3 30% to 45% 15% 4% 45 to 60% 20%




5 60% 25% for example, tax revenue for land transfer: 170 million; the entire cost of land use rights transfer: 50 million. Taxable income equal to (=) 120 million (170 million-50 million). Tax revenue from the transfer of land use rights are defined as follows:-the corporate income tax rate: 120 million x 28% = 33.6 million.
-The remaining income: 86.4 million (120 million-33.6 million) in additional tax under partially progressive expression.

-Determine the remaining income rate compared to the total costs is 172.8% (86.4 million divided by (:) 50 triệu x 100 = 172,8%) vì vậy số thuế TNDN bổ sung từ chuyển quyền sử dụng đất xác định như sau:
 





Đơn vị: triệu đồng




Bậc


Thu nhập chịu thuế


Thuế suất


Số thuế




1


50 x 15% = 7,5


0%


0




2


( 50 x 30%) – (50 x 15%) = 7,5


10%


0,75




3


( 50 x 45%) - ( 50 x 30%) = 7,5


15%


1,125




4


( 50 x 60%) - ( 50 x 45%) = 7,5


20%


1,5




5


86,4 - ( 50 x 60%) = 56,4


25%


14,1




 


Cộng


 


17,475





Tổng số thuế thu nhập từ hoạt động chuyển quyền sử dụng đất phải nộp là: 33,6 triệu đồng + 17,475 triệu đồng = 51,075 triệu đồng.
3. Do not apply preferential tax rates; tax, tax reduction according to the instructions in section E of this circular for income from transfer of land use right or land rent right. Active case of land use rights transfer, transfer suffer loss losses are not compensated with income from production and business operations that are transmitted to the taxable income from the transfer of land use right or land rent of the following year (if any) prescribed.
4. Business organizations are allowed to transfer their land use right or land rent (including legally authorized organizations) have the transfer of land use right or land rent, sale of assets associated with land rent in the form of paid annual rent that the buyer of the property right of land rent procedure for the State under the provisions of the law of the land and tax declaration income from transfer of land use right or land rent right according to the instructions in circular No 60/2007/TT-BTC on June 14, 2007, guiding the implementation of some articles of the law on tax administration and guiding the implementation of Decree No. 88/2007/ND-CP dated 25/5/2007 detailing the Government's implementation of some articles of the law on tax administration.
a credit institution) where the value of land use is the property secured loan to replace for the implementation of the obligation secured, the credit institutions when the transfer of land use right or land rent right to declare income from the transfer of land use right land rent right on the State budget.
b) case of auctioning of land use right or land rent right is property secured loan, then proceeds to make payments according to the provisions of the Government about loan guarantees of credit institutions and tax declaration according to regulation. After the payment on the remaining amount, charged to the business organisation has the right to use the land as collateral to secure the loan. Credit institutions or organizations that are credit institutions authorized to auction the property declaring, deduct income tax money from the transfer of land use rights, filed into the State budget according to the name, address, tax code, invoice .... On the certificate from the clearly declared, rather tax on sale of property secured loan.
c) where business is execution of land use rights, suffer levy ensures enforcement of the judgment to the amount to be deducted shall execution the business organization is executed when the transfer of land use right or land rent right to declare income from the transfer of land use right land rent right on the State budget.
d) where the judgment enforcement agency auctions of land use right or land rent right is guaranteed asset execution then proceeds to follow the provisions of article 27 of Decree 164/2004/ND-CP dated 14/9/2004 the Government levy, auctions of land use to ensure the enforcement of the judgment. The organization is authorized to auction the property declaring, deduct income tax money from the transfer of land use rights, filed into the State budget according to the name, address, tax code, invoice .... On the certificate from the clearly declared, instead of selling the property tax warrant execution.
Part D DETERMINE The TAXABLE INCOME And BUSINESS INCOME TAX FROM TRANSFER Of INVESTMENT CAPITAL On The BASIS Of BUSINESS I. SCOPE 1. Transfer of investment capital into the manufacturing business is the Organization, individuals perform transfer of a part or the whole of their capital invested in business for one or more organizations and individuals (including the case of selling the whole business). The Organization, the individual assignee inherent obligations and entitlements of participants to contribute capital to the business.
2. organizations and individuals who have income from capital transfer made business income tax according to the instructions in Section D of this circular. The event celebrated the transfer of capital associated with the transfer of land use right or land rent right, the income from the transfer of land use right or land rent right make tax declaration according to the instructions in Section C of this circular.
3. organizations, individuals with incomes from the transfer of shares the income from stock transfer tax declaration made by the Finance Ministry's own instructions.
II. TAX BASE 1. Taxable income: taxable income from transfer of investment capital into the business are identified: taxable income = transfer Price-Price of the equity stake transfer-transfer costs including: + transfer Prices are defined as the total value of the reality according to the market price that the party obtained by assignment of contract of assignment , including the profits not yet divided and the benefits or losses arising in the course of business (if any).
 Transfer case not stipulated payment price or tax authorities have a basis to determine the rates of payment are not determined by market value, tax authorities have the right to examine and determine the value of the payment of the contract on the basis of the reference market price or prices may sell to a third party and the same assignment contract.
+ Capital capital transfer part of the Price to be determined on the basis of the books, accounting of capital on the basis of the business of the Organization, the individual assignment of capital at the time of the transfer of capital and are parties to business or join the business cooperation contract validation , or the results of independent audits for companies with 100% foreign-owned businesses. 
+ The cost of the transfer is the actual expenses directly related to the assignment, have the vouchers, valid invoice. Case of transfer costs incurred abroad, the original document must be a certified agency or independent audit of water have cost confirmation and vouchers must be translated into Vietnamese (certified by the authorized representative).
Transfer costs include: costs to make the legal procedures necessary for the assignee; the fees and charges payable upon assignment; the transaction costs, negotiation, Contracting and other costs have since demonstrated.
For example: A VND 400 companies including 320 billion worth of factories and 80 billion in cash to establish joint-venture enterprises produce toilet paper company then A transfer of shares mentioned above for B company's 550 billion (including profits in 2006 is expected to be divided into 20 billion). Capital of A company at the time of the transfer on the bookkeeping is 400 billion, costs related to the transfer of capital of 70 billion. The income tax revenue from the transfer of capital in this case is 80 billion (550-400-70).
2. the enterprise income tax: corporate income tax rates for income from transfer of investment capital into the business establishments is 28%.
3. Determine the number of corporate income tax payable: Tax payable = taxable income x tax rate tax not applicable preferential tax rates, tax reductions, tax free time according to the instructions in Section E of this circular for income from transfer of investment capital into the business. The transfer of capital loss incurred losses are not compensated with income from production and business operations.
III. DECLARATION And Payment 1. For organizations, individuals transfer foreign capital on the basis of business: Organization, individual assignee which is responsible for identifying, declare, deducted and remitted the organization change, foreign individuals of corporate income tax payable.

Tax return filing deadline is the 10th day since the Agency has the authority to transfer capital, or from the date of the transfer agreement which party in capital transfer for the case not to transfer capital.
Tax records for income from transfer of capital:-corporate income tax on the transfer of capital (according to the model No. TNDN 4, attached to this circular);
-A copy of the contract of assignment. Transfer case in a foreign language must be translated into Vietnamese mainly content: party assignment; the party receiving the transfer; the transfer time;  transfer content; rights and obligations of each party; the value of the contract; the time limit, the method, the currency of payment.
-A copy of the decision to transfer the capital of the competent authority (if any);
 -Certified copy of capital contribution, accompanied by a confirmation of the parties involved had either;
-Certificate from the root of the expenses.
Case of need for additional records, tax authorities have to notify the Organization, individuals receive capital transfers in the receipt for the direct receipt of case, within three working days from the date of receiving the profile through the mail or through electronic transactions.
Location: tax filing at tax authorities where the business of the Organization, the individual transfer foreign capital registration tax.
Tax term: together with the time limit for filing the tax return.
2. for the Organization, personal Vietnam capital transfer on the basis of business: Organization, Vietnam had personal income from capital transfer is responsible for identifying, Declaration, filing business income tax from capital assignment along with the time to process and file the corporate income tax from your business to the next, which income from the transfer of capital. The case does not arise under the Declaration and payment of the next tax declaration period is 10 days from the date of the agency having the authority to transfer capital, or from the date of the transfer agreement which party in capital transfer for the case not to transfer capital.
Tax records for income from transfer of capital:-corporate income tax on the transfer of capital (according to the model No. TNDN 4, attached to this circular);
-A copy of the contract of assignment. Transfer case in a foreign language must be translated into Vietnamese mainly content: party assignment; the party receiving the transfer; the transfer time;  transfer content; rights and obligations of each party; the value of the contract; the time limit, the method, the currency of payment.
-A copy of the decision to transfer the capital of the competent authority (if any);
 -Certified copy of capital contribution, accompanied by a confirmation of the parties involved had either;
-Certificate from the root of the expenses.
Case of need for additional records, tax authorities have to notify the Organization, Vietnam had personal income from the transfer of capital in receipt of direct case against receipt, within three working days from the date of receiving the profile through the mail or through electronic transactions.
The Organization, the individual must Vietnam private accounting income from capital transfer tax declaration according to the instructions in Section D of this circular.
E CORPORATE INCOME TAX INCENTIVES I. CONDITIONS For ENTERPRISE INCOME TAX INCENTIVES 1. Investment in the industry, the field list in the field of investment incentives by the Government issued as required by the law on investment.
2. Invest in the profession, the field list in the field of special investment incentive by the Government issued as required by the law on investment.
3. Invest in the category geographical socio-economic conditions of the difficulties the Government issued as required by the law on investment.
4. Invest in listing geographical socio-economic conditions particularly hard because the Government issued as required by the law on investment.
II. Principles Of IMPLEMENTATION Of ENTERPRISE INCOME TAX INCENTIVES 1. The preferential enterprise income tax mentioned in section III, section IV, part E applies only to business establishments that meet one of the conditions was the tax incentives specified in section I, part E or newly established production base; Business relocation out of the municipality according to the master plan has been approved by the competent authority; Active business establishments have Project installed a new production line and a number of other specific cases.
2. Base business accounting regimes, invoices, vouchers and registration regulations, the enterprise income tax according to the Declaration.
3. In the same tax period if there is a clause in an income tax corporate income tax incentives and tax exemption, tax reductions in several different cases, the base business choices in one of the cases the enterprise income tax incentives benefit according to the prescribed regimes.
4. In implementation of the tax exemption, if business establishments perform various production and business activities, they must track separate accounting income of the business activity tax, reduce taxes. The base case does not own accounting business, the income of the business activity tax, tax reduction determined by (=) of taxable income (x) with the percentage (%) of the revenue production and business activity tax, tax relief, compared with total revenue of business establishments in the tax period.
In case tax, business establishments, manufacturing activities, business activities with interest, moderate activity (except for the transfer operations of land use right or land rent right, transfer, transfer of capital, investment activities in foreign countries) of taxable income is determined as follows :-If the business activities with interest in land tax, business income tax, the business can choose a separate accounting of interest + activities incentives to make tax free, tax relief under the provisions, operating losses are transferred to the hole according to the prescribed regimes;
+ Get active being of interest rate incentives to offset losses for other activities, if still interest rates then preferences, then hole hole if there;
-If the business activity tax, tax reduction, the loss offset losses from business activities with interest.
After clearing, the remaining income tax corporate income tax rate of business income activity.
5. Business establishments are in time to enjoy preferential corporate income tax have reorganized Enterprise (split, split, merge, merge), business owners conversion under the provisions of the law, the new trading facility after the above changes continue to enjoy preferential corporate income tax under the income tax incentives to business units are enjoy preferential period for rest, if it still meets the conditions of investment incentives.
6. In determining tax exemption consistent with tax period. The beginning of the tax calculation, tax breaks continuity since the first tax period starting businesses taxable income (before subtracting the loss amounts to the previous tax period). The case, the first tax period when business establishments earn taxable incomes, but the time of operation, business goods, services under 12 month business establishments have the right to register with the tax authorities tax calculator, tax reduction now that the first tax period or from the next tax period. The case of a business establishment registration time tax exemptions on the next tax period must then determine the tax of the tax period was first to file in the State budget according to the regulations.
III. ENTERPRISE INCOME TAX INCENTIVES And The DEADLINE To APPLY ENTERPRISE INCOME TAX INCENTIVES 1. A 20% tax rate applied during the 10 years since the start of operations for business: a) cooperatives established in geographical areas not list geographical socio-economic conditions are difficult and do not list geographical socio-economic conditions particularly difficult;
b) new business establishments from investment projects in branches, the field list in the field of investment incentives;
c) new business establishments from investment projects implemented in geographical listing geographical socio-economic difficulties.
2. Tax rate of 15% applied during 12 years, since the start of operations for business: a) cooperatives established in geographical listing geographical socio-economic difficulties;
b) new business establishments from investment projects in branches, the field list in the field of investment incentives and performed at the geographical category geographical socio-economic difficulties;
3. the 10% tax rate applied during 15 years, since the start of operations for business: a) cooperatives established in geographical listing geographical socio-economic conditions particularly difficult;
b) new business establishments from investment projects in branches, the field list in the field of special investment incentives.
c) new business establishments from investment projects implemented in geographical listing geographical social economic conditions extremely difficult.
The case of business establishments newly set up under investment projects in branches, the field list in the field of special investment incentive and have a major influence on economics, society should encourage higher, the tax incentives of 10 percent for the duration of the project according to the decision of the Prime Minister pursuant to the proposal of the Ministry of finance.
4. Year started operations to determine the tax incentives was the first year of business establishments generated revenue.
5. Out of time apply preferential tax rates at point 1, point 2, point 3 of this section, cooperatives and business establishments newly set up under investment projects in the corporate income tax rate of 28%.
IV. THE LEVEL AND DURATION OF EXEMPTION OF ENTERPRISE INCOME TAX

1. Business establishments newly set up under investment projects, establishing new production facilities and business relocation tax free, tax reduction as follows: a) tax exemption for 02 years after taxable income and 50% of the payable tax amount for 07 subsequent years :-new manufacturing facility established.
-Base business relocation out of the municipality according to the master plan has been approved by the competent authority.
b) tax exemption for 02 years after taxable income and 50% of the payable tax amount for 07 subsequent years: business establishments newly set up under investment projects in branches, the field list in the field of investment incentives.
c) tax exemption for 02 years after taxable income and 50% of the payable tax amount for 07 subsequent years:-business establishments newly set up under investment projects implemented in geographical listing geographical socio-economic difficulties.
-Base business move to geographical listing geographical socio-economic conditions are difficult (unless a move from geographical social economic difficulties and social economy particularly hard).
d) remission 3 years, since there is taxable income and 50% of the payable tax amount for 07 subsequent years for business establishments newly set up under investment projects in branches, the field list in the field of investment incentives and performed at the geographical category geographical socio-economic difficulties.
e tax exemption for 04 years), since there is taxable income and 50% of the payable tax amount for 09 subsequent years:-business establishments newly set up under investment projects in branches, the field list in the field of special investment incentives.
-Business establishments newly set up under investment projects implemented in geographical listing geographical socio-economic conditions extremely difficult.
-Base business move to geographical listing geographical socio-economic conditions extremely difficult.
Business establishments newly set up under investment projects that investment projects implemented in other areas where the businesses are located, the income from the investment of the project is to apply preferential tax rates and tax, the tax reduction applies to the area where the project investment.
Businesses established in the cases below do not enjoy preferential corporate income tax under an established new business establishments from investment projects.
-Trading post established in cases of split, split, merged, amalgamated under the provisions of the law.
-Business establishments established by the business transformation, change of ownership (except in the case of delivery, the sale of State enterprises under Decree No. 80/2005/ND-CP on 22/6/2005 of the Government on Affairs, sell, lease, rent business state company).
-Establishment of new private enterprises from the individual business households with home business as before.
2. The basis of the active business investment in new production lines installation, expansion, technological innovation, improve the ecological environment, the capacity of production tax, corporate income tax for the income increase due to investments yield the following: a) exemption for 01 year and 50% of the payable tax amount for 07 subsequent years projects investment in new production lines installation not in the fields, encouraged the investment provisions in the field of portfolio investment incentives, special sectors category of investment incentives, listing geographical socio-economic conditions and difficult geographical socio-economic conditions extremely difficult.
b) exemption for 01 year and 50% payable tax amount for 04 subsequent years for investment projects in the field list in the field of investment incentives or done at geographical listing geographical socio-economic difficulties.
c) Long 2 years and 50% of the payable tax amount for 07 subsequent years for investment projects in the field list in the field of special investment incentives or done at geographical listing geographical socio-economic conditions extremely difficult.
d) Long 3 years and 50% reduction of the payable tax for the next 5 years for investment projects in the field in the category field of investment incentives and performed at the geographical category geographical socio-economic difficulties.
e) Long 3 years and 50% reduction of the payable tax for 7 years for investment projects in the field list in the field of investment incentives and special made at geographical directory of geographical socio-economic difficulties.
g) exemption for 04 years and 50% of the payable tax amount for 07 subsequent years for investment projects in the field list in the field of investment incentives and performed at the geographical category geographical socio-economic conditions are particularly difficult, investment projects in the field in the category field of investment incentives and special made in list geographical socio-economic conditions extremely difficult.
Tax, tax breaks for investment projects to build new production lines, expansion, technological innovation, improve the ecological environment, production capacity is calculated from the year completed investment projects into production, business income. For the project project implementation time stretching and divided into multiple categories of investments, the business can choose the time calculated tax free, tax relief for each category of investment completed production, business. The time base is expected to implement investment projects, business establishments registered with the tax authorities tax, tax breaks for investment projects.
Business establishments to private accounting income increase due to investments brought to determine the number of corporate income tax exemption, reduction.  The base case does not own accounting business income increase due to investment in bringing the income tax increase, the tax reduction determined as follows: the extra income tax exemption, tax reduction = Part of taxable income in the year x the value of fixed assets put into use new investment for the production of trading _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Total fixed assets original reality business, production Of fixed assets original production reality, including: business value of fixed assets investment has completed the handover brought into use and the original price of the existing fixed assets are used for production as of end of period balance sheet accounting year.
The case of the investment project implementation on time a year and divided into multiple categories of investment, business establishments registered with the tax authorities tax, reduce taxes for each category of investment completed production, the business value of fixed assets new investments are determined by accumulated value of investments has the putting in use up to the year's tax exemption tax. 
For example, in late 2006 the company A has a total fixed assets original reality involved produce, business is 30 billion. The company has investment projects, in 2007 bringing a category into using worth 10 billion; 2008 put forward a different category to use 15 billion. The company does not separately accounting income increased due to the implementation of each category of investment. The company's business results: the 2007 taxable income of 12 billion; 2008 taxable income of 20 billion.
Income increase due to investments yield tax exempt, the tax reduction determined as follows: + 2007:10 billion more income = 12 billion X----------------------------= 3 billion tax reduction, tax exemption for 30 billion + 10 billion + in 2008:10 billion + 15 billion more income = 20 billion X-------------------------------= 9 billion tax-exempt 40 billion tax reduction + 15 billion for investment projects completed each category of investment but not yet entered production, to increase business capacity, business performance during the year, the value of investments not included in the value of fixed assets investment for the calculation of the income tax increase tax reduction.
3. Base business enterprise income tax exemption for income has been in the following cases: a) the income from the performance of contracts on scientific research and technological development, science information services and technology.
b) income from sale of products during the production test according to the production process, but must not exceed 6 months from the start date of production testing.
c) income from sale of products made from new technology, first used in Vietnam, but must not exceed 7 years from the start date to apply this new technology to produce the product.
d) income from the implementation of technical service contracts directly serving agriculture.
e) income from job-training reserved for ethnic minorities.
g) income from manufacturing operations, business, goods, services of business establishments reserved for disabled workers.
Business establishments defined as reserved for disabled workers (including invalids, sick soldiers) must have the following conditions:-Are the people's committees, the central cities of confirmation.
-Make full accounting regime, invoices and vouchers.
-Have a business license by the competent State bodies.
-Use from 10 or more workers, including 51% of workers on disability is certified by the competent health authorities. The number of remaining workers mostly relatives of disabled people, who contribute to the equity and growth management, expertise, technical-scientific.
-Have a statute or the Charter of activities consistent with the labor audience is people with disabilities.

h) income from job-training reserved for disabled persons, children in particularly difficult circumstances, the object of social ills.
The training is directed at this point must have the following conditions:-vocational base was established and operates under the provisions of Decree No. 138/2006/ND-CP on November 20, 2006 the Government detailing and guiding the implementation of some articles of the law on education and the law on vocational education and Laođộng guidance documents.
-Correct functioning of industries included in licensed or registered trades with labour, invalids and Social Affairs.
-Make full accounting regime, invoices, vouchers and signed tax.
4. Cooperative; individuals, households and business has low income levels are tax, corporate income tax, in particular as follows: a) corporate income tax exemption for cooperatives the average income level, in each year of the employee under the minimum wage prescribed by the State for State servants.
b) corporate income tax exemption for individuals, households and business there, average income in the year of each of the workers under the minimum wage prescribed by the State for State servants.
c) individuals, households and business are not yet fully implementing the accounting mode, invoices, vouchers, and tax on the fixed revenue levels, if business continuity breaks from 15 days or more during the month was considering a 50% reduction of the payable tax; If all, then the tax exemption of the month.
5. Exemption of enterprise income tax for the following cases: a) tax exemption for income of the investors received due to capital contribution by: patents, technical know-how, technological processes, technical services.
b) base business activity in the manufacturing sector, construction, transport use from 10 to 100 female workers, in which the number of women workers accounted for over 50% of the total number of workers to be present regularly; or use regularly on 100 women workers that the number of women workers accounted for over 30% of the total number of regular presence of labor business was reduction of corporate income tax to be paid corresponds to the actual amount spent on female labor guide in point 2.13 section III, part B to this circular if the private accounting.
The business units, Office Agency in the State Corporation eligible female labor but not directly, no business tax reductions under this weather.
6. Business establishments are in time corporate income tax incentives, the competent authorities check, tax inspectors discovered the increase of corporate income tax of the tax, the tax base business do not enjoy tax exemption, tax breaks for corporate income tax increased detection. Corporate income tax increased detection business establishments must submit the Declaration on State budget according to the applicable tariff or tariff preference (if any) business establishments are enjoying. In time are tax free, reducing corporate income taxes, the competent authorities check, tax inspectors discovered check of corporate income tax exemption, tax rebate prescribed smaller than the unit itself to declare the tax only businesses, reducing the corporate income tax according to the corporate income tax by check , inspectors discovered. In addition business establishment sanctioned violation of tax legislation according to the regulations.
V. PROCEDURE For IMPLEMENTING The ENTERPRISE INCOME TAX INCENTIVES 1. Business establishments themselves determine the conditions for tax incentives, preferential tax rates, tax, tax relief, the number of holes is minus (-) on taxable income.
Tax authorities when inspection, inspection of the business establishments must check the eligibility of tax incentives, tax base, tax exempt business tax breaks, hole number of business establishments to be deducted from taxable income in accordance with the actual conditions in which businesses meet. Business case does not guarantee the conditions to apply tax incentives and tax, tax breaks, business establishments shall have to declare tax, regulate and sanctioned violation of tax legislation under the current rules. 
2. for cases of tax exemption according to the instructions in point 4 of section IV of this Part, the cooperative, personal business, households must have business tax application, certified by the tax authorities, tax offices send Township ward. Tax authorities directly after the management through the Council tax consultancy at the same level of notification exemption or tax reasons refused to suggest a tax exemption.
VI. Transfer Of HOLES 1. Base business after tax that loss shall be transferred to the hole of the year the tax deducted from your taxable income the following year. The time switch holes no more than 5 years, since the year following the year incurred losses.
Business establishments identified loss amounts are deducted from the taxable income according to the above principle. In the case of the time switch is incurred loss number of losses incurred (excluding loss amounts of previous period) would be moved 5-year losses, since the year following the year incurred losses.
Case the competent authority checking, inspection of enterprise income tax to determine the number of holes the base business is transferred to another with few holes due to business establishments, self-determination, the number of holes to be moved determined by the conclusions of the competent authority but make sure not to exceed 5 years Since 1966, the year incurred losses.
Business establishments have signed up to the plan to transfer the hole before corporate income tax-calculation period in 2007, the number of holes remaining to be further transmitted according to plan the transfer of registered or transferred hole holes into the next tax period but time moved the hole no more than 5 years, since the year following the year incurred losses.
Exceeding the time limit of 5 years from the year following the year incurred losses if the losses incurred have not compensated, will not be reduced except on income next year.
2. Business transformation the business, transformation of ownership (including delivery, sale of State enterprises), merging, merging, splitting, dissolution, bankruptcy must make tax with the tax authorities to have decided to convert the business type, ownership form conversion , merger, amalgamation, splitting, dissolution, bankruptcy of the competent bodies.
3. Loss of business arising before the merger must be monitored in detail by year arise and are continuing to move into the taxable income of the business after the merger to ensure the principle of moving holes no more than 5 years, since the year following the year incurred losses.
4. Base business is a joint venture of many other business establishments, when dissolution decision that suffer loss of hole to be allocated to each participating business venture. The basis of the joint venture participants are combined loss amounts allocated from the base to venture into business results when tax but ensure the principle of moving holes no more than 5 years, since the year following the year incurred losses.
5. Business establishments was the beneficiary of the property business transformation the business, transformation of ownership (including delivery, sale, lease, rental of State enterprises), split, split, merge, merge responsible fully missing tax and fines (if any) of the old businesses.
Part H IMPLEMENTATION 1. This circular has the effect after 15 days from the date the quote and apply for the tax period from 2007 onwards.
2. Business establishments newly set up under investment projects were granted the certificate of business registration, investment certificate from the date of Decree No. 106/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on investment has the effect (on 25/10/2006) implemented preferential enterprise income tax under the guidance of this circular.
3. the securities companies and fund management companies to invest the new securities are issued a certificate of registration from the date the Decree No. 106/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law of effect execution of investment do not enjoy preferential corporate income tax with respect to the thing event industry investment incentives. Securities companies and fund management companies, securities investment established prior to the date of Decree 108/2006/ND-CP of September 22, 2006 in effect is continuing to enjoy enterprise income tax preferences for the remaining time.
4. Joint stock companies established in equitizing State enterprises granted certificate of registration from the date the Decree No. 24/2007/ND-CP dated 14 February 2007, detailing the Government's enforcement of the law on Enterprise Income Tax has the effect (on 21/3/2007) do not enjoy preferential corporate income tax as business establishments newly set up.
A joint stock company established in equitizing State enterprises granted certificate of registration from the date the Decree No. 106/2006/ND-CP on 22/9/2006 by the Government in effect prior to the enforcement date of Decree 24/2007/ND-CP effective preferential conditions shall apply in accordance with Decree No. 106/2006/ND-CP; preferential rates and time of enterprise income tax preferences for business establishments newly set up under the provisions of this circular.
A joint stock company established in equitizing State enterprises were granted the certificate of business registration before the date of the Decree No. 108/2006/ND-CP on 22/9/2006 effective enforcement continue to enjoy enterprise income tax preferences for the remaining time.

5. Business establishments are adopting preferential tax rate the corporate income tax as specified in circular No. 128/2003/TT-BTC dated 22/12/2003 and circular No. 88/2004/TT-BTC dated 1/9/2004 of the Ministry of finance, investment, license certificate granted investment incentives continue to enjoy preferential tax rates for the remaining time. Circular case 128/2003/TT-BTC, circular No. 88/2004/TT-BTC, the investment license, preferential investment certificates have a higher tax rate preferential tax rate guidance in this circular shall apply the preferential tax rates in this circular for the time remaining from the 2007 tax period. The case of the remainder of the tax period of 2006, business establishments have expiry of preferential tax rates are not applicable for tax incentives for the time remaining under the guidance of this circular.
6. Business establishments are entitled to tax exemption and reduction of enterprise income tax as specified in circular No. 128/2003/TT-BTC and circular No. 88/2004/TT-BTC, under the investment license, certificate of investment incentives granted to continue to enjoy tax incentives, tax relief for the remaining time. The case of tax, business income tax are entitled to more lower tax, enterprise income tax according to the provisions of this circular, the base business enjoy a tax exemption period as defined in this circular for the time remaining from the 2007 tax period.
 Remaining time period by the number of years of business establishments also exemption, tax relief under the guidance of this circular minus (-) to the number of years of business establishments have enjoyed tax exemption according to circular No. 128/2003/TT-BTC, circular No. 88/2004/TT-BTC, under the investment license, certificate of investment incentives granted to the end of 2006. Determining the remaining period outlined above must ensure principles:-the remainder of the tax period of 2006, business establishments are in time to be tax free, tax reduction according to circular No. 128/2003/TT-BTC, circular No. 88/2004/TT-BTC, under the investment license, certificate of investment incentive granted shall continue to enjoy the tax exemption number five the remaining tax reduction under the guidance of this circular.
-The remainder of the tax period of 2006, the business has just run out of time to be tax free under Circular No. 128/2003/TT-BTC, circular No. 88/2004/TT-BTC, under the investment license, certificate of investment incentives granted are not entitled to tax that only affected the whole of the year the tax reduction under the guidance of this circular.
-The remainder of the tax period of 2006, business establishments are in time tax rebate according to circular No. 128/2003/TT-BTC, circular No. 88/2004/TT-BTC, under the investment license, certificate of investment incentives were granted, the number of years remaining tax reduction equal to the number of years the tax reduction under the guidance of this circular minus (-) number of years of business establishments have reduced the taxes expired tax period of 2006. 
-The remainder of the tax period of 2006, business establishments, most of the time the tax exemption according to circular No. 128/2003/TT-BTC, circular No. 88/2004/TT-BTC, under the investment license, certificate of investment incentive granted shall not enjoy tax exemption under the guidance of this circular.
The case of long time corporate income tax circular No. 128/2003/TT-BTC, circular No. 88/2004/TT-BTC, under the investment license, certificate of investment incentives were granted before 1/1/2007 longer than as instructed in this circular; tax time is shorter then the business can choose: adopt preferential tax exemption period under Circular No. 128/2003/TT-BTC, circular No. 88/2004/TT-BTC, under the investment license, certificate of investment incentives were granted or applied time preferential tax exemptions under the guidance of this circular.
7. Business establishments have established previously not belonging to an investment incentives, are now eligible investment incentives as stipulated in Decree No. 106/2006/ND-CP then enjoy preferential corporate income tax according to the instructions in this circular for the period remaining from the 2007 tax period.
8. Enterprise with foreign investment and foreign Parties involved in business cooperation contracts have been granted investment licenses before 1/1/2004 if it meets the conditions stated in the investment license shall continue to enjoy the level of corporate income tax incentives to the expiry of tax incentives under the investment license; After the expiry of tax incentives under the investment license to invest then move on to apply enterprise income tax rate is 25%; Cases are filed under the enterprise income tax tax rate 25%, then continue to apply the tax rate of 25% to the end of the term of the investment license. For enterprises invested abroad and foreign Parties involved in business cooperation contract renewals of the investment license from 01/01/2007 onwards, the enterprise income tax incentives are applied according to the instructions in section III of part E of this circular.
9. Business establishments were granted the investment license, business registration certificate, certificate of investment before the Socialist Republic of Vietnam officially became a member of the World Trade Organization (April 11, 2007) that have income from business activities (excluding textile activities , may) are entitled to the preferential enterprise income tax due to meet conditions on export ratios as stipulated in the law on foreign investment in Vietnam, to encourage domestic investment, corporate income tax and the law on investment shall continue to enjoy the preferential enterprise income tax according to the provisions of the law on but the time was not too 2011 perks.
Removal of content guidance on enterprise income tax incentives due to meet conditions on use of domestic raw materials, the enterprise income tax incentives due to meet conditions on export of textile activities stipulated in the documents by the Ministry of finance and other departments issued since the tax period 2007.
Business establishments operating in the textile sector if it meets the conditions for preferential corporate income tax (apart from the preferential conditions due to meet conditions on export ratios) then continue to enjoy the preferential enterprise income tax corresponding to the conditions of business establishments responding to the time remaining.
10. This circular replaces the circular:-circular No. 128/2003/TT-BTC dated 22/12/2003 by the Ministry of Finance shall guide the implementation of Decree No. 164/2003/ND-CP dated December 22, 2003 detailing the Government's enforcement of the law on Enterprise Income Tax.
-Circular No. 88/2004/TT-BTC dated 1/9/2004 of the Ministry of finance amend, complement the circular No. 128/2003/TT-BTC dated 22/12/2003 by the Ministry of Finance shall guide the implementation of Decree No. 164/2003/ND-CP dated December 22, 2003 detailing the Government's enforcement of the law on Enterprise Income Tax.
Removal of content guidance on enterprise income tax by the Finance Ministry and other departments issued does not conform with guidance in this circular.
11. The resolution of the existence of tax, tax, tax reduction, exemption and handling administrative violations regarding corporate income tax for the previous tax period 2007 to follow the corresponding provisions guidelines on corporate income tax enacted before the 2007 tax period.
12. The case of the Socialist Republic of Vietnam have signed a participation agreement or international treaties to which international treaties or agreements which have regulation on other business income tax with the content guidelines of this circular shall follow the provisions of international treaties.
In the process, if there are difficult obstacles suggest units, business establishments reflect timely the Finance Ministry to study additional instructions./.

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