Circular 29-Tc/tct/cs: Guiding The Implementation Of Decree 114-Dated 7/4/1992 Of The Council Of Ministers Of State For Export, Import

Original Language Title: Thông tư 29-TC/TCT/CS: Hướng dẫn thi hành Nghị định số 114-HĐBT ngày 7/4/1992 của Hội đồng Bộ trưởng về quản lý Nhà nước đối với xuất khẩu, nhập khẩu

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CIRCULAR of the MINISTRY of Finance shall guide the implementation of Decree 114/dated 7 April 1992 of the Council of Ministers of State for export and import pursuant to Decree No. 114/dated 7 April 1992 of the Council of Ministers of State for export, import and tax laws , the text of the current guidelines; The Ministry of Finance shall guide the implementation of the exemption, the tax reduction for enterprises producing for export production and can replace imported goods as follows: i. for the PRODUCTION of EXPORTED GOODS 1. About sales tax, special consumption tax: sales tax law, article 2 and article 2 of the special consumption tax Law regulated the production of export goods do not have to pay tax or sales tax special consumption tax not applicable-sales or special consumption tax in the following specific cases : a. with regard to the production of export goods: business business license of production was exported directly or entrusting its exporting produce.
Direct business selling goods produced for another business to be allowed to export business, there are valid economic contracts and items sold in the registered sector in export licence by the Ministry of Commerce and tourism for the export business unit.
In this case, the export trading business buy goods with price no sales tax or consumption tax. If then Kong export that domestic consumption must then declare the timeliness with the tax authorities of the goods consumed in the country and submit instead of tax revenue (or special consumption tax) for production, calculated on the purchase price (in addition to the taxes that businesses have to submit import/export business according to regulations). The case of man, hide, smuggled tax will be handled in accordance with the current rules.
b. export processing forms: manufacturing for export in the form of outsourcing is also exempt from sales tax or consumption tax special, namely: Enterprise B received goods for processing a business A; The Department of Commerce is A business and tourism business license for export (including export trading companies and enterprises are directly exported), there are valid economic contracts and outsourcing items located in the registered sector in export licence is granted.
The case qualified as above, but the enterprise B got back the delivered goods transfer machining back to business C, have a valid economic contracts, the fabrication again C business export goods that do not have to file sales tax or consumption tax.
In both the above cases, if the goods are not exported that consumption in water, A business is allowed to export to declare to the tax authorities to tax revenue (according to the tariff of production) at the same time to file instead of tax revenue for the business to receive work-based outsourcing contracts signed. If the item is subject to special consumption tax, then A business, just to pay the special consumption tax in respect of the product exported does not provide domestic consumption. All violations are dealt with according to the current rules for each type of tax.
2. Income taxes: businesses export production are reduced income tax if you use the profit to reinvest. The reduced tax rate by the ratio of money spent on reinvestment with taxable income in the year, but reduced levels must not exceed 50% (fifty percent) of the return must be filed during the year.
The content, procedure and jurisdiction to consider reducing the tax in this case, follow the specific instructions in part IV section 3 Circular No. 47-TC, TCT on October 4-10-1990 of the Ministry of Finance shall guide the enforcement of tax Laws.
 
II. for EVERY PRODUCTION NEED to REPLACE IMPORTS article 10, Decree No. 114-dated 7 April 1992 of the Council of Ministers Regulation: "production enterprises need to replace imports is considering reducing sales tax, income tax during the original production".
1. conditions are considering reducing taxes: consider tax relief for business if there are enough of the conditions as follows: product should replace imported goods is located in the directory specified in each period of the State Planning Commission.
New businesses started production of the item (as from May 7-4-1992 was the day issued Decree No. 114-HĐBT), including the former case has produced but is interrupted (due to vacations, convert items ...), now started production again. In this case the minimum interruption time from 2 (two) years.
Accepted business bookkeeping mode regulation; full accounting, clear, policy items subject to tax reduction.
In the special case of manufacturing need to replace imported goods are the people's committees of the province, the city (or Ministry) of the State Planning Committee and the proposal in writing, the Finance Ministry can review and resolve the tax reduction for each specific case.
2. The level and time, consider reducing taxes.
a. About the review Level reduced sales tax sales tax not to exceed 50% (fifty percent) of the turnover tax payable of the item being reviewed.
The time was considering reducing tax must not exceed 1 (one) year and limited to the period of effect of the catalogue tables need replacing imports by the State Planning Commission issued.
For example, one of the base X was decided to reduce the sales tax in one year, from 1 July 1992 to 30 June 1993. But to 31-12-1992 (6 months later), the State Planning Committee catalogue changes need to replace imports, in which the items of X are no longer located within this category, the tax reduction decision also invalidated in right time 31-12-1992. The case of goods basis continued to be put in the directory need to replace imported goods then decided to reduce the taxes continue to be made to the expiry review was tax relief.
b. About income taxes: consider reducing the Levels do not exceed 50% of the tax payable for the items that are found to need replacement of imported goods in 1 year from the date of start of production (after deducting income tax has been considering the reduction in other cases if there are).
The time limits also tax reduction in the period of effect of the catalogue tables need to replace imported goods such as for example in part (a) above.
In both cases a, b above, when the decision to end tax breaks worth due to product catalogue needs to replace imported goods change, the Agency decided to reduce the tax liability reported in writing to the tax authorities the business and corporate management know to enforce.
3. jurisdiction and procedure to resolve: a. reducing the sales tax: for the object's State enterprises or private enterprises or companies (established under the law on companies and the law on private enterprises) by the Ministry of finance and the specific decisions about tax rates and tax reduction period.
For the other objects due to the tax Department, the city and the specific decisions about tax rates and tax reduction period, as suggested by the tax authorities.
To reduce taxes, businesses must have the form, check, certified by the tax authorities directly managed; new product for start of production, must present technical economic demonstration projects production business was managing level or industry browser y. b. The reduction of income taxes: by the Finance Ministry to consider specific national decisions to reduce taxation and review only after there was an official settlement reports a year, submitting to the tax administration directly.
 
III. FOR GOODS FOR FOREIGN PROCESSING

1. About the sales tax: goods for foreign processing under a contract signed is use as export production and not to collect taxes as defined in article 2 of the law on turnover tax.
2. About income taxes: consider income tax reduction as the instructions in point 2 of section I of this circular.
3. imported tax: materials, imported raw materials for processing goods for foreign countries under contract, was considering free imported tax as instructed in section V, circular No. 08-TC, TCT on 31-3-1992 of the Ministry of Finance shall guide the implementation of export Taxes, import duties, procedures include : outsourcing contract (the original or a copy must have certified marker) signed with foreign countries in which clearly the method of providing raw materials, return, the consumption of raw materials, the quantities of raw materials, materials processing and finished products received are charged.
Import license by the Ministry of trade and tourism, including stating the goods imported to work for foreign countries.
Contract-mandated import (if the importer is mandated).
In addition the Unit received goods for foreign processing must also set the tracking Management window machining according to each specific contract and registered with the Ministry of Finance (Tax Administration) according to the attached appendix to circular No. 08-TC, TCT on 31-3-1992 of the Ministry of finance.
Jurisdiction to review the import tax exemption by Ministry of finance review and decide for each specific case. All cases of imported materials, the material has to be tax free, but bring the transfer or use in other purposes must declare to the Customs and import tax.
 
IV-for EXPORT GOODS to FOREIGN DEBT of the GOVERNMENT Be imported duty-free under the provisions of article 10, paragraph 5 the export Taxes, import taxes.
Exemption procedure was guided in circular No. 08-TC, TCT on 31-3-1992 of the Ministry of Finance shall guide the implementation of export Taxes, import duty, including: the text assigned to the repayment of the travel and trade name, business number, goods exports and the country's name debt collection.
Export permit by the Ministry of Commerce and tourism levels have clearly stated: the Government's debt portfolio.
The text of the Council of Ministers or the Ministry of finance granted an export purchases capital repayments of foreign Governments.
The Customs authorities pursuant to the regulations on the procedures for tax free.
 
V-organization MADE this circular effect on 7-4-1992, replacing circular No. 44-TC, TCT on 14-8-1991 by the Ministry of Finance shall guide the implementation of decision No. 96-dated 5 April 1991 of the Council of Ministers and apply for business in the country. For enterprises with foreign investment shall apply in accordance with the law on foreign investment in Vietnam and the text guiding the implementation of the law on investment.
In the implementation process if any difficulties and obstacles, the proposal reflects the time the Finance Ministry to study the resolution.
 

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