CIRCULAR guide financial regime apply in Nhon Hoi economic zone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on State budget;
Pursuant to the law, Ordinance on taxes, charges and fees;
Pursuant to decision No. 141/2005/QD-TTg dated 14/06/2005 by the Prime Minister on the establishment and promulgation of regulations Nhon Hoi economic zone, Binh Dinh Province;
The Ministry of Finance shall guide the fiscal regime applied in Nhon Hoi economic zone as follows: i. GENERAL PROVISIONS 1. The scope of application of the financial regime and customs procedures specified in this circular (hereinafter referred to as the financial regime) are applied in the Nhon Hoi economic zone (hereinafter abbreviated as EZS Nhơn Hội), has an area of approximately 12 000 ha of natural land, including the town Nhơn Hội Lý Nhơn,,: Nhon Hai and the area of the Harbour Ward 9 in the city of Quy Nhon; part of the Phuoc Hoa, Tuy Phuoc district of Phuoc son; in part the Sand Cat TIEN, Chanh commune, Phu Cat district, in Cat Hai, as just about the planning of Nhon EZS.
Financial regulation mode in this circular apply only to business activities are conducted in the Nhon Hoi EZS. The case of organizations, individual business operations EZS Nhon on both the society and within the territory of Vietnam, they must own the accounting operations EZS Nhon Council on determining financial modes are applied.
Businesses that have invested overseas and foreign parties involved in business cooperation contracts have been granted investment licenses; the business establishments in the country have been granted investment preference certificates in EZS Nhơn Hội before 141/2005/QD-TTg dated 14/06/2005 by the Prime Minister (below referred to as the decision 141/2005/QD-TTg) in effect that has not enjoyed enough incentives shall be entitled to the preferential policies in accordance with the provisions of this circular for the remaining time.
2. The object of applying the applicable object of this circular is to: a. The domestic investors in the economic sectors of activity according to the provisions of the law on State enterprises, business law, cooperative Law, the individual business households and individuals independent practice.
b. The organization, foreign individuals including business for foreign investment, foreign investors to join the business cooperation contract, the Vietnam settled in foreign operations according to the form prescribed in the law on foreign investment in Vietnam and foreign investors not trading under the law on foreign investment in Vietnam.
3. Interpret the wording in this circular, the terms below are interpreted as follows:-tax-free: as to geographical areas are separated by the fence hard with other functional areas of Nhon EZS Assembly according to the provisions in articles 7, 8, 9 of the decision No 141/2005/QD-TTg dated 14/6/2005 by the Prime Minister.
-Functional areas: includes residential, industrial, urban, resort-services, recreation area and administrative region in EZS Nhơn Hội (does not include export processing zones) are defined in the overall planning of Nhon EZS Assembly by the Prime Minister for approval.
-Vietnam domestic: consists of functional areas in the Nhon Hoi EZS and the rest of the territory of Vietnam (minus the tax-free Zones and similar export processing zones).
-Customs control Port: tax-free has 2 ports: Port customs control the customs controls at the borders between the port of tax-free with the port tariffs, referred to as A port; Customs control at the port between the port of tax-free with the hinterland, referred to as the B port.
-List of goods originating tax-free Zone: is the category goods by EZS Nhơn Hội (below referred to as Management Board) issued under each period (referred to as category goods made in tax-free Zones) includes the production of goods, processing, recycling, assembled in the tax-free Zone does not use raw materials , imported components from abroad.
4. conditions applied concerned financial regime to the tax-free financial mechanisms relating to tax-free Zones in EZS Nhơn Hội just enjoy when the guaranteed tax-free Zones at the same time the following conditions:-Have secured hard barrier segregating operated tax-free with the other functional areas in the Nhon Hoi EZS;
-In the tax-free with no settlement, no residence populations often or staying (including foreigners);
-Have the customs monitoring, checking people, goods and vehicles on and off in tax-free Zones.
5. A number of General provisions on customs tax-free Zone a. organizations and individuals active in the tax-free export abroad and imported from abroad all the goods and services that the law does not prohibit Vietnam. Export policy, imports made in accordance with the Prime Minister on the management of export-import goods according to time and text tutorials made by the ministries concerned. The export and import of goods in the list of goods for export, import, goods trading restrictions made under the guidance of the Ministry of Commerce.
b. six month, tax-free Zone enterprises are responsible for sending the customs report supplies, raw materials, goods in, import export and import reports-inventory products. Customs Agency checked and sent the tax authorities to check determines the taxes to be paid.
c. goods, baggage, export, import, transit; means of transport, entry, transit in tax-free Zones in kind would then apply the customs regulations for that type.
d. export, import, transit; means of transport, entry, transit through the tax-free to just be going through the port A and port B.
Sync local export goods from the tax-free and vice versa: the goods from abroad go through Gate B to the tax-free customs clearance at the port B; Goods from abroad into the tax-free goods and from the offshore tax through A portal do customs in A portal.
e. export domestic goods from abroad via A portal or the goods from overseas through A portal into the inland Customs procedures under current rules at A port or at the Customs Bureau outside the gate. If the procedures in the Customs Bureau in addition to the Customs gate made according to the regulations on goods moving gate.
f. in addition to the provisions on customs procedures mentioned above, the parties concerned have to [perform other obligations stipulated in the customs law, the law on the export Tax, import tax and other documents related to export and import activities.
6. principles of investment incentives for investment projects in EZS Nhơn Hội enjoy maximum incentives for investment projects in the area of socio-economic conditions particularly difficult social and economic zones in accordance with the law on foreign investment in Vietnam, the law encourages investment in water The enterprise income tax law, and the other tax legislation.
The case of the legal texts regulating the different incentive levels about the same problem then was the highest incentives applied. The case of the proposed new policy mechanism of incentives rather than the provisions of this circular shall be applied according to the new policy.
II. SPECIFIC PROVISIONS 1. Tax policies for EZS Nhon Assembly 1.1. Corporate income tax a) investment projects of organizations and individuals in the country and abroad to form new business production facility in Nhon EZS Society enjoy the level of corporate income tax of 10% for 15 years, since the project began operations; corporate income tax exemption in 10 years, since the taxable income; 50% reduction of the payable tax for 10 years.

b) investment projects of organizations and individuals in the country and abroad in EZS Nhon Hoi in the high-tech sector meets the provisions in clause 2 article 5 of Decree 99/2003/ND-CP on August 28, 2003 by the Government on the regulation issued high-tech zones enjoy corporate income tax of 10% for the duration of project project.
c) investment projects of organizations and individuals in the country and abroad in EZS Nhon large-scale Association and have important implications for the development of the sector, field or social-economic development of the region enjoy corporate income tax of 10% for the duration of the project after it is approved by the Prime Minister.
d) for a project to build a new production line, expansion, technological innovation, improve the ecological environment, raise production capacity made under the provisions of the current law.
DD) of taxable income with respect to income from the transfer of land use right or land rent payable income taxes according to the instructions in section C 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.
e) To implement the preferential enterprise income tax, individual organizations have investment projects in EZS Nhon Assembly must submit a copy of the business registration certificate (for domestic enterprises), the investment license (for companies with foreign capital investment) to the tax authorities where the business tax declaration. The preferential enterprise income tax only applies to production and business establishments to fulfill accounting regime, invoices, vouchers have registered and pay tax according to the Declaration.
f) in the course of the operation, after the settlement with the tax agency that suffered losses, the business was moved to the years following losses to except on taxable income. 0Thời time holes no more than 5 years.
g) businesses have a responsibility to inform the tax authorities where the business tax declaration about the duration of the exemption and reduction of corporate income tax referred to in this section.
1.2. Income tax on high income earners 1.2.1. Workers (including Vietnam and foreigners) working in EZS Nhơn Hội is a 50% reduction of the payable income tax for high income earners (hereinafter called off personal income tax).
1.2.2. The Declaration and payment of tax, personal income tax was implemented according to the current text of the law on personal income tax. When declaring a temporary personal income tax, paid only income deducted 50% of personal income tax payable in the month of laborers working in EZS Nhon.
1.2.3. the Private case workers to Vietnam, foreigners working in EZS Nhon Hoi under 1 year (12 months), the number of personal income tax was reduced to working time in EZS Nhơn Hội is determined as follows: a. for Vietnam: every month, to pay temporary income deducted 50% of personal income tax payable last year, tax, the tax of the tax and for the whole year is reduced by the year according to the following formula: number of personal income tax was reduced in the year taxable income during the time worked at the Nhon Hoi EZS = personal income tax amount payable in the year × 50% ×---------------------------total taxable income in the tax year in which the , the number of personal income tax payable for the year is determined on the basis of taxable income during the time worked at the Nhon Hoi EZS and taxable income during the time worked in other places besides the EZS Nhon.
b. foreigners:-If the object is non-resident, the tax is determined as follows: the number of personal income tax payable = taxable gross income multiplied by (x) 25% multiplied by (x) 50%.
-If the object resides, the Agency paid monthly temporary income deducted 50% of personal income tax payable, tax year, the tax out of the whole year and the tax is reduced. The number of personal income tax was reduced during the year is calculated according to the formula outlined in detail a, this point.
1.3. export Tax, import tax a) goods exported, imported in the following cases are not subject to import tax, export tax:-goods from abroad into tax-free Zones; goods from the tax-free export abroad.
-Goods from the tax-free move to or sold to other tax-free zones (tax-free zone is stipulated in clause 1, article 5 Export Taxes, import tax (Amendment) 2005), for processing and exporting enterprises, bonded, and vice versa.
-The goods are not subject to tax exports of domestic origin Vietnam brought in tax-free Zones.
b) goods subject to export tax of domestic origin put into tax-free zone in Vietnam to export tax and export procedures under the current rules.
c) goods from the tax-free import into Vietnam's Interior must file tariffs in accordance to the following:-the goods originating from a foreign import tax under current rules.
-The goods are produced, recycling, machining, assembling at the tax-free if the goods value of ASEAN origin constitute from 30% or more and is confirmed by the certificate of origin of goods to ASEAN-form D, then applies a tariff of import duty incentives of CEPT.
-The goods belonging to the category of origin put into tax-free Area inland is not filed tariffs.
-Goods manufacturing, processing, recycling, assembled in the Nhon Hoi EZS have used raw materials, components and accessories imported directly from overseas (excluding goods imported from Vietnam have used domestic raw materials, component parts imported from overseas), when imported into Vietnam's Interior only to pay the import tax for the fuel , imported components from abroad constitute in such goods.
The base to determine the import duties to be paid for the raw materials, import components from abroad constitutes in the goods enter into the Interior of Vietnam is: tax Price determined according to the current regulations; the number of imported goods into the Interior of Vietnam; the import tax for each type of raw material, components and accessories. Tax rates and tax rates applicable at the time of open declarations imported into the hinterland. Business, personal business has the duty to register with the customs of the category of goods imported as raw materials for the production of imported goods and domestic norms on raw materials, components and accessories used for the production of imported goods prior to import into the hinterland.
The value of raw materials, imported components constitutes in every unit of the goods imported into the hinterland is calculated according to the provisions on prices charged import duty for imported goods at the time of import into the hinterland.
d) investment projects in the manufacturing of the Assembly held in Nhon EZS and domestic and foreign individuals are exempted from import duty for raw materials, materials, components and products that are not produced in the country in 12 years, since production started.
Procedures, tax records, Declaration and import tax for this case is done according to circular No. 113/2005/TT-BTc on December 15, 2005 of the Ministry of Finance on guidelines for implementing export tax, import tax.

DD) Organization, individual foreign and domestic manufacturing operations, business in tax-free import production materials, supplies and goods from abroad but not handled and the product also has commercial value are allowed to sell in Vietnam inland after the completion of customs import duties payable under current rules.
1.4. special consumption tax a) goods or services subject to special consumption tax are produced, consumed in the tax-free Zones or are imported from foreign countries into the tax-free and vice versa are not subject to special consumption tax. Private cars under 24 seats made of special consumption tax under the current common rules.
b) goods or services subject to special consumption tax from Vietnam domestic exports into Africa tariff are not subject to special consumption tax. Private cars under 24 seats made of special consumption tax under the current common rules.
c) goods or services subject to special consumption tax from the tax-free move to or sold to the export processing zones and vice versa are not subject to special consumption tax.
d) goods subject to special consumption tax from the tax-free import into Vietnam domestic taxed consumption particularly for imports under current rules.
1.5. value added Tax enterprises EZS Nhon is used the invoice value according to the current rules, perform registration, Declaration, the value added tax for implementation of value added tax under the provisions of this circular. For these cases the goods do not have to pay tax, the value added in the value added tax invoice, value-added tax line be crossed (x). Specifically the following: a) the goods or services produced and consumed within the tax-free and import from abroad into the tax-free and vice versa are not subject to value added tax.
b) goods, services from the tax-free move to or sold to the export processing zones and vice versa are not subject to value added tax.
c) goods, services from Vietnam domestic production into tax-free enjoy value-added tax is 0%.
d) goods, services from the tax-free import into Vietnam domestic value-added taxes for imported goods with the tax rate according to the current rules.
1.6. About the prices, fees and charges and other taxes a) land rental, price for rent of land built the technical infrastructure, the money using the works of infrastructure engineering, construction services and public utilities in EZS Nhon chaired the business infrastructure has determined after agreement with the Management Committee of Nhon EZS.
b) taxes, fees and charges are made according to the current provisions in the tax law, the law on investment incentives in the country (modified), the law on foreign investment in Vietnam, the Ordinance on fees and charges and other legal documents guiding the implementation.
2. Customs procedures for goods out into the tax-free 2.1. For goods imported from abroad into the tax-free a) imported into the portal through A tax-free Zone:-tax-free Zone enterprises are responsible for customs declarations, customs filing in accordance with the current rules for each type of import goods on the basis of the provisions of point 5 Section I of this circular.
-The customs ports A make solving the procedures required under the current rules for each type of goods.
b) imported into the tax-free through the Gate B: follow the current regulations on imported goods transshipped 2.2. For goods imported from abroad to Vietnam through A portal on the domestic and export domestic goods from abroad through the port A: follow the current rules.
2.3. for domestic goods from export into tax-free: the customs procedure only when business requirements. Customs procedure as follows: a) domestic business case sign customs procedures at the Customs Gate B: domestic enterprises are responsible for customs declarations, customs filing as prescribed for each type of export. The case of internal goods transport between businesses with branches in and outside Africa, the tariff is replaced by purchase contract document repository. The Customs port B is responsible to fulfill the export procedures for domestic enterprises as prescribed for each type of export.
b) case of domestic enterprises registered an export declaration at the Customs Bureau gate internal: customs procedures follow the current regulations for exports moved the gate. The Customs Port B performing tasks of customs gate export for export move the gate (except the real confirmation).
2.4. for the goods from the tax-free export abroad a) via serial port B: follow the current regulations for exports moved the gate.
b) through the Portal: business registration procedures at the Customs port a. Customs conducted A port customs according to the current rules for export.
2.5. From the tax-free domestic inserted a) for goods in the category goods made tax-free Zones that are free of customs procedures but must declare the number of goods with the Customs and subject to the supervision of the Customs authorities.
b) with respect to other goods must make full customs procedures, in particular as follows:-tax-free zone Enterprise (seller) has the responsibility to provide domestic businesses (the buyer) full of vouchers, invoices and other documents prescribed by the Customs authorities to business customs declaration domestic Customs filing, as prescribed for each type of import customs at port B.
-Customs port B is responsible for customs procedures for goods imported by the domestic business in accordance with the regulations. The case had been put on foreign goods tax-free zone to continue to import into the hinterland of the same category of goods is in a category of goods tax-free zone origin are free of customs procedures by the Management Committee of Nhon Hoi EZS announcements, but no business clearing customs , then the Customs Gate B requirements identification business proofs of origin of the shipment; breaking and processing the import procedures for shipment as prescribed by law; at the same time, inform the Management Committee of Nhon EZS known to take measures to manage or exclude from the index origin goods tax-free zones.
2.6. for goods processing customs procedures for goods tax-free zone enterprises that outsource to foreign traders, area business tax-free rental of domestic business and vice versa is done according to the current rules.
2.7. the temporary export goods re-entering; temporary import-re-export; transfer; transit and shipping goods for export, import, transit, transportation, immigration, transit through the tax-free to just be going through the portal to have customs checkpoints. Customs procedures for temporary export goods re-entering; temporary import-re-export; transfer; transit and transport in Africa tariff made under current rules.
2.8. In addition to the instructions in this circular, the enterprise must perform the obligations stipulated in the customs law, export Taxes, import taxes, the Decree 101/2001/ND-CP dated 31/12/2001 detailing the Government's implementation of some articles of the customs law on customs procedures , test mode, customs supervision and guidance documents on customs.
3. the bonus mode for people in mobilizing domestic and foreign investment

1. Based on the ability to budget and effectively call capital, Chairman of the people's Committee of Binh Dinh Province decided to reward organizations and individuals who have known no capital investment in the State budget to invest in the socio-economic structures in EZS Nhơn Hội in principle reward levels for this form of non-refundable capital call is higher than the call other forms (following the opinion and agreement of the Ministry of Finance). Reward payments made after the project goes into operation, has a circulation of products on the market and investors had to contribute at least 50% of the capital commitment.
2. Funding used to reward for organizations, individuals have a known return on investment (not including capital from State budget sources) to invest in the economic and social structures in the Nhon Hoi EZS from bonus source of local budget and accounting on your bonus.
4. Preferential 4.1 infrastructure development. Investment from the State budget to build the infrastructure: a) range, the object of investment from GOVERNMENT EXCESSIVE-budget supports investment construction works technical-infrastructure and social services and public utilities vital public service to follow the program of Nhon EZS targets are arranged according to the estimation is appropriate authority approval authority. GOVERNMENT EXCESSIVE just to support construction for the public infrastructure works of the whole Society, not including Nhon EZS infrastructure dedicated to each of the functional areas in EZS Nhon hoi, except for the investment support in construction of waste water treatment and waste of the functional areas.
-Investment support from GOVERNMENT EXCESSIVE to build infrastructure in EZS Nhơn Hội is done according to the project is planned to be approved by the authority.
Nhơn Hội EZS-management is the focal plan of the local private equity balance construction from GOVERNMENT EXCESSIVE resources to build infrastructure, Nhon Hoi EZS; is the investor directly managing the project to build the infrastructure to be built by the GOVERNMENT EXCESSIVE capital investment scope in the Nhon Hoi prescribed EZS on management current construction investment by the State.
b) levels of support from the GOVERNMENT EXCESSIVE investments to build infrastructure-in time of 15 years beginning from the date of decision No. 141/2005/QD-TTg of effect execution, investment capital from the State budget every year to build infrastructure in EZS Nhon Hoi does not lower the entire revenues of local budgets EZS Nhon Hoi are filed into the State Treasury; include the number of import-export tax income, special consumption tax imported goods, corporate income tax, income tax on high income earners, (excluding value added tax on imported goods) and other legal revenues. As for the export tax, import tax and special consumption tax on imported goods is only made for the actual goods import and export declarations, invoices check open in EZS Nhon and pay tax at the State Treasury on the province of Binh Dinh. Every year, the investment project base infrastructure, socio-economics has been the approval authority level, the progress of the project, the provisions of the law on the State budget and State budget income estimation in EZS Nhon hoi, the central State budget supplements that target for the province to invest in the construction of infrastructure of Nhơn Hội EZS.
-The central budget support is the goal for the province to invest in the infrastructure construction of Nhon Hoi EZS assigned clearly in GOVERNMENT EXCESSIVE estimation given in Binh Dinh Province. Along with the sources of the central budget assistance, Binh Dinh Province arranged local budget estimation of annual investment in the infrastructure of the Nhon Hoi EZS prescribed in detail a this point.
c) the revenues generated on the area to be filed to the State budget. The revenue divisions between NSTW and NSĐP under the provisions of the current law. Nhơn hội EZS management in cooperation with the tax authorities, the State Treasury and local customs to grasp the implementation of currency to base capital planning construction for the project of Nhon EZS.
d) the management, capital investment by NSTW used to build the infrastructure Capital investment NSTW Society EZS Nhon to build the Nhon Hoi EZS infrastructure is managed, used according to the regulations on the management of basic construction investment, State budget Law and the text of the current guidelines. In particular, every year at the time of establishment of the State budget estimation, Nhon EZS management in collaboration with the Associations concerned identify bodies of currency enjoy NSTW from import and export tariffs, the special consumption tax on imports EZS Nhon to estimating the basic construction investment spending every year fit the category of projects reviewed the authority to approve sending the Ministry of planning and investment, Ministry of finance general government reports to the Congress decision.
4.2. Using the foundation soil to create infrastructure development capital management is the clue was given the annual plan targets and direct management of investment projects using capital from the Land Fund in EZS Nhon; hold a tender to select units have enough financial capacity, experience and prestige to the progress of the projects of infrastructure invested by venture capital from the Land Fund in EZS Nhon.
Management Committee established the list of investment projects in construction of infrastructure used to create the land fund capital and land area are used to create a capital project that the people's Committee of Binh Dinh province to process people's Council or decided by the authority.
The use of the Land Fund created which builds infrastructure, EZS Nhon Assembly follow the Decree 181/2004/ND-CP on 29/10/2004 by the Government on the implementation of the Land Law and regulations related to the use of the Land Fund to create capital to build the infrastructure.
4.3. Raising capital by issuing bonds works in Binh Dinh Province people's Committee released works in water bonds to mobilize capital build CSHT in EZS Nhon. The issuance of bonds of Binh Dinh provincial people's Committee works made under the provisions of Decree No. 141/2003/CP dated 20/11/2003 by the Government on the regulations issued Government bonds, Government-guaranteed bonds and bonds of local government, and other mobilization forms prescribed by law.
4.4. investment in infrastructure from ODA and other sources of capital for The other infrastructure works of the Nhon Hoi EZS are put into a category called ODA and other forms of raising capital as defined in article 21 of regulation EZS Nhon Assembly attached to decision No 141/2005/QD-TTg dated 14/06/2005 by the Prime Minister.
5. mode of preferential credit to domestic enterprises in the economic production and business investment in EZS Nhơn Hội is considering development assistance Fund for loans to the State's preferential credit under current rules on credit for investment development of the State.
6. financial regime applicable to management of Nhon EZS Assembly 6.1. The Management Board is the estimation of local budgets, funds the operation of the Board due to local budget guarantees. All revenues as defined by the Board of management are made payable to the State budget according to the regulations.
6.2. The Management Board is allowed to collect the fees, the fees corresponding to the tasks of the State management agency authorized under the regulations. When is the competent State bodies authorized to carry out the task, the Management Board is responsible for the notification and registration with the tax authority where the Headquarters Management Committee to do the procedure on filing the number of fees earned by performing the authorized duties.

III. IMPLEMENTATION 1. This circular has the effect after 15 days from the date The report.
2. the Management Committee of Nhon Hoi EZS in cooperation with tax authorities, customs and KBNN where open account made a private track earnings guidance in detail b, point 4.1, section II, of this circular to ensure required management and serve for the construction of the planned capital construction.
3. The Customs Bureau, the province has the responsibility to:-organize the work against smuggling, trade fraud, prevent the illegal import of goods from the tax-free into the hinterland and in other regions in the area of customs activities.
-In cooperation with the Management Board and related agencies EZS (taxation, public security, border) to perform against smuggling, trade fraud, prevent unauthorized goods imports from tax-free Zones in inland.
4. Customs tax-free Zones perform the task of surveillance, inspection of goods, means of transport, the prevention of smuggling, illegal transport of goods across the border; implementation of tax legislation for goods export and import; the Organization of customs stations according to the regulations, consistent with the geographic features tax-free Zone to perform tasks assigned.
5. The General Department of Customs:-based on the provisions on customs procedures in this circular to draft detailed provisions on procedures, customs procedures applied in the tax-free financial Ministry reported before enactment.
-Established customs Bureau EZS Nhon Hoi belongs to pacify customs Bureau to ensure the implementation of the tasks of the customs at the Nhon Hoi EZS.
6. State Treasury agency that nùng EZS Nhon private track Assembly for revenues needed to track details the proposal of the Management Committee of Nhon Hoi EZS on principle suitable State Treasury management.
7. Tax and Binh Dinh Province has the responsibility to guide the business done more g, point 1.1, section II, of this circular.
8. All obstacles in the process of implementing the proposal reflects on the Finance Ministry to study, additional instructions./.