- 1Decree of Government No.148/2004/ND-CP of July 23, 2004 amending and supplementing Clause 1, Article 7 of The Government’s Decree No. 158/2003/ND-CP of December 10, 2003 which details the implementation of The Value Added Tax Law and The Law amending and supplementing a number of articles of The Value Added Tax Law
- 2Decree No. 158/2003/ND-CP of December 10, 2003, detailing the implementation of the value added Tax Law and the law amending and supplementing a number of articles of the value added Tax Law
- 1Decree of Government No. 156/2005/ND-CP, amending and supplementing the decrees which detail the implementation of the Special Consumption Tax Law and the Value Added Tax Law.
- 2Law No. 07/2003/QH11 of June 17, 2003, amending and supplementing a number of articles of the value added tax law
- 3Decree No. 77/2003/ND-CP of July 01st, 2003, defining the functions, tasks, powers and organizational structure of the Finance Ministry.
THE MINISTRY OF FINANCE |
|
No. 30/2008/TT-BTC | |
CIRCULAR
AMENDING AND SUPPLEMENTING CIRCULAR No. 32/2007/TT-BTC OF APRIL 9, 2007, WHICH GUIDES THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 158/2003/ND-CP OF DECEMBER 10, 2003, DECREE No. 148/2004/ND-CP OF JULY 23, 2004, AND DECREE No. 156/2005/ND-CP OF DECEMBER 15, 2005, DETAILING THE IMPLEMENTATION OF THE VALUE-ADDED TAX LAW AND THE LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE VALUE-ADDED TAX LAW
Pursuant to May 10, 1997 Value-Added Tax (VAT) Law No. 02/1997/QH9;
Pursuant to June 17, 2003 Law No. 07/2003/QH11 Amending and Supplementing a Number of Articles of the VAT Law;
Pursuant to the Government’s Decree No. 158/2003/ND-CP of December 10, 2003, detailing the implementation of the VAT Law and the Law Amending and Supplementing a Number of Articles of the VAT Law;
Pursuant to the Government’s Decree No. 148/2004/ND-CP of July 23, 2004, amending and supplementing Clause 1, Article 7 of Decree No. 158/2003/ND-CP of December 10, 2003, detailing the implementation of the VAT Law and the Law Amending and Supplementing a Number of Articles of the VAT Law;
Pursuant to the Government’s Decree No. 156/2005/ND-CP of December 15, 2005, amending and supplementing the Decrees which detail the implementation of the Special Consumption Tax Law and the VAT Law;
Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
The Ministry of Finance guides amendments and supplements to a number of contents of Circular No. 32/2007/TT-BTC of April 9, 2007, as follows:
1. Objects not subject to VAT:
1.1. To amend and supplement Item d, Point 1.4, Section II of Part A as follows:
“d/ Special-use equipment, machinery, spare parts and means of transport and supplies necessary for prospecting, exploring and developing oil and gas fields; spare parts and equipment of aircraft and specific equipment used exclusively for aircraft (of those types which cannot be produced at home). Overseas services of repairing aircraft, including substitute spare parts, equipment and machinery in the course of repair.”
1.2. To amend and supplement Item h, Point 1.23, Section II of Part A as follows:
“
...
...
...
2. To amend the first paragraph, Point 3, Section I of Part B as follows:
“For products, goods and services used for barter or as donations, gifts or salary payments, their VAT calculation prices are determined as taxable prices of products, goods and services of the same or equivalent types at the time those activities are carried out.”
3. VAT rates:
3.1. To amend and supplement Points 1.1 and 1.2, Section II of Part B as follows:
“1.1. Exported goods include goods exported abroad, including those exported under entrustment, goods sold to export-processing enterprises (except goods used for personal needs), and goods regarded as exports under the Government’s regulations, such as:
1.2. Exported services and services provided to export-processing enterprises for their production and business activities, except services used for personal needs.
Exported services are services provided directly to overseas organizations or individuals and used outside
Goods and services used for personal needs within export-processing enterprises are construed as goods and services for which individuals pay by themselves to serve their personal needs.”
3.2. To supplement Point 3.28, Section II of Part B as follows:
...
...
...
4. To amend and supplement the third em rule, Item d2, Point 1.2, Section III of Part B as follows:
“- Business establishments which supply electricity, water, stationery and goods serving daily activities of export-processing enterprises are not required to carry out customs procedures. Particularly for stationery and goods serving daily activities of export-processing enterprises, the suppliers only need to register with management boards of export-processing zones, industrial parks, hi-tech parks, economic zones or trade zones.”
5. To annul Item h, Point 2.2, Section III of Part B.
6. To amend and supplement Point 5.4, Section IV of Part B as follows:
“5.4. Use of invoices and documents for goods and services used for sales promotion or advertisement; as samples, donations, gifts, or salary payments to laborers; or for internal consumption:
a/ For goods and services used for sales promotion, advertisement or as samples serving the production of and trading in goods and services (products, goods and services used for sales promotion, advertisement or as samples are specified in the Government’s Decree No. 37/2006/ND-CP of April 4, 2006, detailing the Commercial Law regarding trade promotion), VAT invoices must be made, stating goods appellations and quantities and that goods are for sales promotion, advertisement or as free samples, with VAT lines left blank and crossed out.
b/ For goods and services used as donations, gifts; for barter; as salary payments to laborers; or for internal consumption, VAT invoices (or sale invoices) must be made and have all items filled in and VAT is calculated as for sale invoices issued to goods and services to customers.”
7. To amend Point 5.24, Section IV of Part B as follows:
“5.24. Business establishments funded by other business establishments shall, upon the receipt of funds, make receipts and consider the funds as other incomes for the declaration and payment of enterprise income tax according to regulations.
...
...
...
8. To amend and supplement the last paragraph, Point 2.7, Section II of Part C as follows:
“Input VAT will be wholly deducted for goods and services used for the formation of enterprises’ fixed assets such as refectories for shift workers, houses for mid-shift breaks, free-of-charge houses, change rooms, vehicle-keeping houses, toilets, water cisterns for laborers working in production/business areas, and houses and health stations for laborers working in industrial parks.”
9. To annul Point 2.19, Section II of Part C.
This Circular takes effect 15 days after its publication in “CONG BAO.”
Problems arising in the course of implementation should be reported to the Ministry of Finance for implementation guidance.
FOR THE MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung
- 1Circular No. 32/2007/TT-BTC of April 09, 2007 on value added tax providing guidelines for implementation of decrees of The Government 148-2004-Nd-Cp dated 23 July 2004 and 156-2005-ND-CP dated 15 December 2005 implementing the law on value added tax and the law on amendments to The Law On Value Added Tax
- 2Circular No. 129/2008/TT-BTC of December 26, 2008, guiding the implementation of a number of articles of the Value-Added Tax Law and guiding the implementation of the Government’s Decree No. 123/2008/ND-CP of December 8, 2008, detailing and guiding the implementation of a number of articles of the Value-Added Tax Law.
- 3Circular No. 129/2008/TT-BTC of December 26, 2008, guiding the implementation of a number of articles of the Value-Added Tax Law and guiding the implementation of the Government’s Decree No. 123/2008/ND-CP of December 8, 2008, detailing and guiding the implementation of a number of articles of the Value-Added Tax Law.
- 1Decree of Government No.37/2006/ND-CP, detailing the Commercial Law regarding trade promotion activities
- 2Decree of Government No. 156/2005/ND-CP, amending and supplementing the decrees which detail the implementation of the Special Consumption Tax Law and the Value Added Tax Law.
- 3Commercial Law No.36/2005/QH11, passed by the National Assembly
- 4Decree No. 77/2003/ND-CP of July 01st, 2003, defining the functions, tasks, powers and organizational structure of the Finance Ministry.
Circular No.30/2008/TT-BTC of April 16, 2008 amending and supplementing Circular No. 32/2007/TT-BTC of April 9, 2007, which guides the implementation of The Government’s Decree No. 158/2003/ND-CP of December 10, 2003, Decree No. 148/2004/ND-CP of July 23, 2004, and Decree No. 156/2005/ND-CP of December 15, 2005, detailing the implementation of The Value-Added Tax Law and the law amending and supplementing a number of articles of The Value-Added Tax Law
- Số hiệu: 30/2008/TT-BTC
- Loại văn bản: Thông tư
- Ngày ban hành: 16/04/2008
- Nơi ban hành: Bộ Tài chính
- Người ký: Trương Chí Trung
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 10/05/2008
- Ngày hết hiệu lực: 18/01/2009
- Tình trạng hiệu lực: Hết hiệu lực