Circular 42/1999/tt-Btc: Circulars Implementing The Mode Of Finance, Accounting, Tax And Business Shop For Duty Free Goods In Vietnam

Original Language Title: Thông tư 42/1999/TT-BTC: Thông tư hướng dẫn việc thực hiện chế độ tài chính, kế toán, thuế đối với các cửa hàng kinh doanh hàng miễn thuế tại Việt Nam

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/6644124/thng-t-42-1999-tt-btc%253a-thng-t-hng-dn-vic-thc-hin-ch--ti-chnh%252c-k-ton%252c-thu-i-vi-cc-ca-hng-kinh-doanh-hng-min-thu-ti-vit-nam.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$49.99.
CIRCULAR guide the financial regimes, accountancy, taxes for the sales tax free shop in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base export taxes, import tax; Law on enterprise income tax; Law on value added tax;

Pursuant to decision No. 205/1998/QD-TTg dated 19/10/1998 of the Prime Minister issued the regulation on business tax free goods store;

Pursuant to circular No. 166/1998/TT/BTC dated 22/12/1998 of the Ministry of Finance shall guide the implementation of Decree No. 54/CP 28/8/1993, no. 89/1998/ND-CP dated November 17, 1998 by Government Law enforcement detailed regulations export tax, import tax and the law on amendments and supplements to some articles of the law on export tax , import tax;

After exchanging ideas with Ministry of Commerce and the General Department of customs, the Ministry of finance instructed the financial regimes, accounting, tax and business forms for duty free shop as follows: I/OBJECTS: this circular applies to the business shop tax free (hereinafter referred to as the duty free shop) are allowed for export sales business entry in the port, the international airport, the gate roads, railways, in the inner city (Downtown Duty Free Shop); shop sales for foreign objects in the Decree 73/CP 30/7/1994 of the Government.

II/mode FILED, CURRENCY, TAX FREE: 1/import tax, special consumption tax, value-added tax for imported goods to sell tax-exempt object serving at duty free shop:-imported goods for sale in duty free shops are free of import duty, special consumption tax free and not subject to value added tax.

-Goods sold at duty-free shops are stamping "Vietnam duty not paid" due to the printing business released form by the financial Ministry (General Directorate of taxes) and is managed by management mode attached to decision No. 529/QD on December 22, 1992 the Minister of finance.

The procedure of tax records including:-certificate of qualified business tax exemption by Ministry of trade (for the shop of Vietnamese enterprises) or the investment license by the Ministry of planning and investment (for the store invested abroad);

-Dispatch to allow import of the Ministry of Commerce or the Department of Commerce Agency is authorized if: + as cigars, cigarettes, goods in an export or import conditions.

+ Imported goods for duty free shops doing business in foreign investment capital;

-Foreign trade purchase contract;

-Import declarations (certified real integration of the Customs gate)-fiduciary contract to import (if the importer is entrusted) profile base regulations on customs, provincial, city, check out the tax decision, tracking and payment for the number sold in the correct mode.

2/the Enterprise Income Tax and value added tax for business activity tax free shop follow the enterprise income tax law; Value added tax law and guidance documents under the law of the Government, the Ministry of finance, according to the regulations, in particular:-for business Vietnam not under the law on foreign investment in Vietnam corporate income tax rate applied is 32% (thirty two percent) on taxable income. For business, the foreign-invested enterprise income tax and transfer tax offshore profits made as defined in the license by the Ministry of planning and investment.

-For sales outlets of entry imported items have unit price exceeds the tax exemption when importing must declare to the Customs office where the import formalities in order to be counted and currency lodging tax enough to part the value pass before sale. Sales tax free shop must declare the value of the goods which the customer must pay tax to file taxes as required.

For the xin-re-export goods, please take off the store's Manager area sales tax exemption for consumption in the domestic market, they must perform the obligations stipulated in the proper tax and if the goods belong to the category of imported condition must be The commercial enabling.

3/the goods already imported, are legitimate traffic on the Vietnamese market and manufacturing goods in Vietnam put on sale in the duty-free shop: goods imported are circulating on the market; manufactured goods, domestic semi machining for duty free shops to sell the objects to enjoy tax exemption criteria are considered export. The unit must pay tax under tax law, export export, import tax, import tax is refundable, special consumption tax, value added tax in accordance with the regulations of the current tax laws with respect to the number of goods or materials imported to produce goods.

The complete procedure for import tax, special consumption tax, value-added tax for imported goods are legitimate traffic on Vietnam markets, raw materials, manufactured goods sold to the business shop tax free to follow the regulations of the Ministry of Finance on tax refund for imported raw materials to produce goods and temporary exports import to re-export, private foreign trade purchase contract was replaced by economic sales purchase contract between unit sales with sales outlets and tax free sales invoice or the invoice value.

4/for goods damaged, poor quality, crumbling at the duty free shop must be abolished under the supervision of the Customs Bureau, city, directly in charge of the Customs store and shop representative. On the basis of the minutes of the cancellation, the Director of the Bureau of customs tax exemption decision with regard to the number of rows has been cancelled. The case of the goods damaged, poor quality ... at the duty free shop does not cancel that appeared abroad, the Director of the Bureau of customs inspection and tax no decision with respect to the number of rows actually appeared.

III/mode of ACCOUNTING: The operation of tax-free goods shops are accounted according to the mode of business accounting (decision No 1141 TC/CĐKT on 2/11/1995 of the Minister of Finance) and the circular additional amendments.

IV/reporting, INSPECTION and HANDLING VIOLATION: the case of the shop selling tax free goods trading correct object not defined or arbitrarily consumption market in Vietnam when not permitted by the competent authorities shall in every case is considered tax evasion, will result a whole number of import tax , special consumption tax, value added tax (for imported materials to manufacture such goods), the taxes were waived and fines as required in circular No. 166/1998/TT/BTC dated 22/12/1998 of the Ministry of finance.

General Department of Customs is responsible for the organisation, examined the implementation of the sales tax exemption regime at the duty free shop as defined by this circular. An annual Finance Ministry periodically coordinated with the Ministry of Commerce, General Directorate of customs and the relevant industry organizations key inspections at a number of duty free shop. In case of need, the Ministry of finance will lead to irregular checks.

Quarterly after the customs tax in respect of consumption goods in the duty free shop is responsible for sending the report business situation at duty free shop (with the attached reporting form) of the Ministry of finance, Ministry of Commerce, Ministry of planning and investment, the General Department of customs.

V/IMPLEMENTATION:


This circular has the effect after 15 days from the date of signing. The Guide's content before left with specified in this circular, are no longer effective.

General Department of Customs is responsible for guiding the process of tax and management for commodities trading at duty free shop as defined in Part C, section II, point 5 circular No. 172/1998/TT/BTC dated 22/12/1998 of the Ministry of finance and the terms of this circular.

In the process of doing what obstacles, suggest the unit reflects on the Finance Ministry to promptly resolve. 
 

Related Laws