Advanced Search

Circular No. 47/tc-Tct Circular Guide The Review Tax Free, Tax-Deferred For The Import And Export Enterprises Of Foreign Investment

Original Language Title: Thông tư 47/TC-TCT: Thông tư hướng dẫn việc xét miễn thuế, hoãn thuế xuất nhập khẩu đối với xí nghiệp có vốn đầu tư nước ngoài

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CIRCULAR of the MINISTRY of FINANCE instructed the tax exemption, the tax refund for export enterprises of foreign investment pursuant to Decree No. 54/CP on 28-8-1993 and Decree 18-16-4-CP dated February 1993 detailing the Government's enforcement of the law on tax, import tax and the law on foreign investment in Vietnam;
To manage closely and consistently with respect to goods exported, imported by the enterprises of foreign investment in Vietnam; After the reunification with the State Committee for cooperation and investment and the Ministry of Commerce; The Ministry of finance instructed as follows: 1. import, export of the enterprises of foreign investment and of foreign parties to cooperate on the basis of business cooperation contract in each particular case should encourage investment. After the unity of the Ministry of finance, the State Committee for cooperation and investment, the tax exemption for each specific case.
These cases are tax free, follow the provisions of article 76 of Decree 18-16-4-CP dated 1993. The Ministry of Finance tax exemption procedures on the basis of the investment license by the State Committee for cooperation and investment grade and category of machinery equipment, spare parts, production facilities, the materials imported into Vietnam by the Ministry of Commerce to import licensing to construction enterprises form or to create fixed assets made the contract business cooperation.
Tax records include: dispatch the unit's recommendations.
The investment license by the State Committee for cooperation and investment.
The technical-economic justification has been approved by the authority.
The import plan by the Ministry of Commerce issued which must delineate clearly the category machinery and equipment, spare parts, the means of production (including means of transport), the imported to build the basic formation of the enterprises or to create fixed assets to make business cooperation contract.
Importing the shipment.
Customs Declaration had liquidity of customs.
Notification of the customs tariff.
All supplies and equipment, transport means, machinery imported into Vietnam to build basic forms or enterprise to create fixed assets to make business cooperation contract on the level of regulation than justifying the economy technically not tax-exempt.
The case of the enterprises of foreign investment liquidation of fixed assets have been first imported duty free, now demand companies reinvest in order to renew the equipment (including means of transport) cannot be imported duty free.
Every year there are enterprises of foreign capital and foreign parties to cooperate on the basis of business cooperation contract is obliged to report to The whole financial situation of management and use of the goods has been considering tax exemption (form attached).
The report is the latest time on 31 January of the following year. When no reports the Finance Ministry would not do the procedure for exemption of export shipments.
2. Tax Refund for imported raw materials for export production.
As raw materials, imported by the enterprises of foreign investment to produce export goods is must pay tax on the import, export and product when making reimbursement of taxes. Tax time is 90 (ninety) days from the date the Unit received official notice of tax of the Customs Agency reported.
The case of the actual finished product export units abroad in tax period (90 days) does not have to pay tax on the import. The Customs will check the stock bar procedures of import tax amount corresponding real product exports.
The case of the unit export product after 90 days, enough to pay the import tax. When making export products will be the Ministry of finance review the complete import tax of raw numbers corresponding to the number of products for export. If filed, the slow slow penalty filed by law. Profile for reimbursement include: The writer suggested the tax refund was filed (have specific explanation about the amount of exports, consumption of raw material imports, import tax return) certified by the Bureau of local taxes on the consumption of raw materials, materials used in the production of export goods.
Contracts signed with foreign goods (of which specify the quantity, quality, kind of ... exports).
Import tax receipts.
Import-export contracts mandate (if is mandated import export).
3. Implementation.
The Ministry of finance allocated to tax administration, tracking and testing procedures, review tax free reimbursement in accordance with the regulations. Within 30 days (thirty days) from the date of receipt of full application for reimbursement, the Ministry of finance to complete the procedure of tax refund for the tax payers. So the time limit on the tax is in addition to, the tax payers are also enjoying interest calculated on tax refund number corresponding to the number of days completed slowly according to the interest rate of bank deposits at the time of reimbursement. This circular has effect from the day 1-6-1994. The previous instructions left with this circular are repealed.
The unit ...
Number. ...
MANAGEMENT SITUATION REPORT, USE IMPORTED GOODS in TOTAL INVESTMENT to BUILD FACTORIES and FORMING BASIC CREATE FIXED ASSETS S directory of export-import goods declaration quantity unit price total tax tax tax free EXPORT and dispatch of the number have had tax free but have marketed quantity note TT face IMPORT-EXPORT of goods On IMPORT-EXPORT price to pay (dd) are exempted from IMPORT-EXPORT (dd) the number of days in the XDCB and created LOAN the amount Of tax already paid NK (dd) Of tax payable is also the NK (dd) still use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 


Explanation: a clear advantage analysis of difficulties in the implementation process, the sales reasons (if any); the reason the tax debt sold out (if any).
The day ...., .... the year certified by the tax Bureau Who schedule Director (signature, stamp)