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THE MINISTRY OF FINANCE |
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No. 55/2007/TT-BTC | |
CIRCULAR
GUIDING PERSONAL INCOME TAX EXEMPTION FOR FOREIGN EXPERTS WHO IMPLEMENT FOREIGN NON-GOVERNMENTAL AID PROGRAMS OR PROJECTS IN
Pursuant to May 19, 2001 Ordinance No. 35/2001/PL-UBTVQH10 of the National Assembly Standing Committee, on income tax on high-income earners (hereinafter referred to as personal income tax - PIT);
Pursuant to March 24, 2004 Ordinance No. 14/2004/PL-UBTVQH11 of the National Assembly Standing Committee, amending and supplementing a number of articles of the Ordinance on Personal Income Tax;
Pursuant to the Government’s Decree No. 147/2004/ND-CP of July 23, 2004, detailing the implementation of the Ordinance on Personal Income Tax;
Pursuant to the Prime Minister’s Decision No. 340/TTg of May 24, 1996, promulgating the Operation Regulation of foreign non-governmental organizations in Vietnam;
Pursuant to the Prime Minister’s Decision No. 64/2001/QD-TTg of April 26, 2001, promulgating the Regulation on management and use of foreign non-governmental aid;
Pursuant to the Government Office’s Official Letter No. 7617/VPCP-KTTH of December 29, 2006, approving PIT exemption for foreign experts who implement non-refundable aid projects of foreign non-governmental organizations in Vietnam;
The Ministry of Finance guides PIT exemption for foreign experts who implement foreign non-governmental aid programs or projects in Vietnam as follows:
1. Scope of application:
Foreign experts entitled to PIT exemption for incomes from the implementation of non-governmental aid programs or projects in Vietnam are foreign nationals recruited as agreed upon between foreign non-governmental organizations and Vietnamese project-managing agencies to directly participate in activities of non-governmental aid programs or projects in Vietnam in line with the programs’ or projects’ documents approved by the Vietnamese project-managing agencies under current regulations on management and use of non-governmental aid and terms of reference (TOR) for foreign experts.
Other foreigners, including foreign individuals working in representative offices or project offices or as project consultants, are not subject to this Circular.
2. Tax exemption dossiers and procedures:
A foreign expert shall present to the Tax Department of the province or centrally run city where the project management unit or project owner is headquartered a dossier of application for PIT exemption, comprising:
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- Certification of the managing agency competent to approve non-governmental aid programs or projects (ministry, department, branch, central agency of a mass organization or provincial/municipal People’s Committee) that the foreign expert is implementing a non-governmental aid project, clearly stating his/her full name, nationality, passport number and working duration in Vietnam, made according to the Form specified in Appendix No. I to this Circular;
- Documents related to the foreign expert’s income eligible for tax exemption;
The tax authority does not collect PIT on the foreign expert’s income from the implementation of the non-governmental aid program or project and grant a certificate of PIT exemption to the foreign expert, made according to the Form specified in Appendix No.
3. Organization of implementation:
This Circular takes effect 15 days after its publication in “CONG BAO.” All regulations contrary to those of it are annulled.
Problems arising in the course of implementation should be reported to the Ministry of Finance for consideration and decision.
FOR THE MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung
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APPENDIX NO. I
(Enclosed with the Finance Ministry’s Circular No. 55/2007/TT-BTC of May 29, 2007)
MANAGING AGENCY … (name) OF THE FOREIGN NON-GOVERNMENTAL PROGRAM/PROJECT IN VIETNAM
… (date) … (month), 2007
To: The Tax Department of … province/city
…
…
THE MANAGING AGENCY… OF THE FOREIGN NON-GOVERNMENTAL AID PROGRAM/PROJECT IN
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The program/project document was approved on … (date) … (month) … (year) by … (the Vietnamese competent agency).
Total aid capital amount: ……………………………….
Implementation duration: from … (month) … (year) to … (month) … (year)
The program/project-implementing agency: ……………………….
The program/project implementation location: ……………….
The foreign expert implementing the program/project: Mr
The managing agency … would like to request the Tax Department of … province/city to allow PIT exemption for Mr
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APPENDIX NO. II
(Enclosed with the Finance Ministry’s Circular No. 55/2007/TT- May 29, 2007)
GENERAL DEPARTMENT OF TAXATION
TAX DEPARTMENT OF … PROVINCE/CITY
… (date) … (month), … (year)
CERTIFICATE OF PIT EXEMPTION FOR FOREIGN EXPERT’S INCOME FROM THE IMPLEMENTATION OF FOREIGN NON-GOVERNMENTAL AID PROGRAM/PROJECT IN
To
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- Pursuant to the Prime Minister’s Decision No. 64/2001/QD-TTg of April 26, 2001, promulgating the Regulation on management and use of foreign non-governmental aid;
- Pursuant to the Finance Ministry’s Circular No. …
- Pursuant to Decision No. …, approving the foreign non-governmental aid program/project in accordance with the Prime Minister’s Decision No. 64/2001/QD-TTg of April 26, 2001;
… of … (date) … (month) … (year), and enclosed dossiers of PIT exemption for Mr./Mrs. … who is the foreign export working for the non-governmental aid program/project … (name of the program/project) of the foreign non-governmental organization … (name of the non-governmental organization) in Vietnam,
The Tax Department of … province/city certifies that Mr
Director of the Tax Department of … province/city
(Signature, seal)
- 1Circular No. 96/2016/TT-BTC dated June 28, 2016, documentation and procedures for grant of personal income tax exemption to foreign experts participating in programs and projects funded by foreign non-governmental aid in Vietnam
- 2Circular No. 96/2016/TT-BTC dated June 28, 2016, documentation and procedures for grant of personal income tax exemption to foreign experts participating in programs and projects funded by foreign non-governmental aid in Vietnam
- 1Decree of Government No.147/2004/ND-CP of July 23, 2004 detailing the implementation of the ordinance on income tax on high-income earners
- 2Ordinance No. 35/2001/PL-UBTVQH10, on income tax on high-income earners, passed by the Standing Committee of National Assembly.
- 3Decision No. 64/2001/QD-TTg, promulgated by the Prime Minister of Government, for the Regulation on the management and use of foreign non-governmental aids.
Circular No. 55/2007/TT-BTC of May 29, 2007 guiding personal income tax exemption for foreign experts who implement foreign non-governmental aid programs or projects in Vietnam
- Số hiệu: 55/2007/TT-BTC
- Loại văn bản: Thông tư
- Ngày ban hành: 29/05/2007
- 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: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra