- 1Decree No.15-CP of Government, relating to duties, powers and responsibilities for State Mangement of Ministries, ministerial Agencies.
- 2Decree no. 178-CP of October 28, 1994 on the tasks, powers and organization of the ministry of finance promulgated by the government
- 3Decree of Government No. 94/1998/ND-CP of November 17, 1998 detailing the implementation of Law No. 4/1998/QH10 of May 20, 1998 amending and supplementing a number of articles of The Law On Export Tax And Import Tax
THE MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIET NAM |
No: 04/2002/QD-BTC | Hanoi, January 17, 2002 |
DECISION
PRESCRIBING THE PREFERENTIAL IMPORT TAX RATE FOR A NUMBER OF EXPLOSION-PREVENTING MACHINERY AND EQUIPMENT FOR EXCLUSIVE USE IN PIT COAL MINING AS WELL AS A NUMBER OF SUPPLIES AND EQUIPMENT FOR MANUFACTURE AND ASSEMBLY THEREOF
THE MINISTER OF FINANCE
Pursuant to the Government’s Decree No.15/CP of March 2, 1993 on the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;
Pursuant to the Government’s Decree No.178/CP of October 28, 1994 on the tasks, powers and organizational structure of the Ministry of Finance;
Based on the tax rates prescribed in the Import Tariff according to the list of taxable commodity groups, promulgated together with Resolution No.63/NQ-UBTVQH10 of October 10, 1998 of the Xth National Assembly’s Standing Committee;
Pursuant to Article 1 of the Government’s Decree No.94/1998/ND-CP of November 17, 1998 detailing the implementation of the Law Amending and Supplementing a Number of Articles of Law No.04/1998/QH10 on Export Tax and Import Tax of May 20, 1998;
After consulting with the concerned ministries and branches and at the proposal of the General Director of Tax,
DECIDES:
Article 1.- To apply the import tax rate of 0% (zero per cent) to a number of explosion-preventing machinery and equipment for exclusive use in pit coal mining as well as a number of supplies and equipment for manufacture and assembly of such machinery and equipment, if they fully meet the following conditions:
- They are named in the Annex promulgated together with this Decision;
- They cannot be manufactured at home yet (as certified by the Ministry of Industry);
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- They are imported by the Coal Corporation and its affiliated enterprises.
Article 2.- Commodity codes inscribed in the Import Tariff�s List for explosion-preventing machinery and equipment used exclusively in pit coal mining and a number of supplies and equipment for manufacture and assembly thereof specified in this Decision shall not apply to all commodity items under those codes but only to commodity items clearly named in Annex to this Decision.
Article 3.- Annually, the Finance Ministry shall consider to readjust import tax rates of commodity items specified in Article 1 of this Decision, in a way suitable to domestic production capacity and compliant with international commitments on tax.
Article 4.- Vietnam Coal Corporation shall be fully responsible for the import and use of explosion-preventing machinery and equipment for exclusive use in pit coal mining and a number of supplies and equipment for manufacture and assembly of such machinery and equipment for the right purposes. The prescription of separate import tax rates for machinery and equipment used exclusively in pit coal mining and a number of supplies and equipment for manufacture and assembly of such machinery and equipment shall be made no later than December 31, 2005.
Within 3 months from the date the import tax rate of 0% (zero per cent) prescribed in this Decision is applied to the actually imported commodities, the Coal Corporation shall have to report to the customs offices (where the concerned units import such commodities) on the situation of import and use of explosion-preventing machinery and equipment for exclusive use in pit coal mining as well as a number of supplies and equipment for manufacture and assembly of such machinery and equipment, which have already been imported and eligible for the import tax rate of 0% (zero per cent). In case of failure to do so, the tax rate prescribed in this Decision shall not apply and the tax rate specified in the current Preferential Import Tariff shall be imposed.
For all cases where explosion-preventing machinery and equipment used exclusively in pit coal mining and a number of supplies and equipment for manufacture and assembly of such machinery and equipment are used for wrong purposes, import tax thereon shall be retrospectively collected and fines shall be imposed strictly according to the Import Tariff and the provisions of the Law on Export Tax and Import Tax.
Article 5.- This Decision replaces Decision No. 166/2000/QD-BTC of October 17, 2000 of the Finance Minister prescribing import tax rates applicable to a number of explosion-preventing machinery and equipment used exclusively in pit coal mining.
This Decision takes effect 15 days after its signing.
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FOR THE MINISTER OF FINANCE
VICE MINISTER
Vu Van Ninh
ANNEX
LIST OF EXPLOSION-PREVENTING MACHINERY AND EQUIPMENT FOR EXCLUSIVE USE IN PIT COAL MINING AND A NUMBER OF SUPPLIES AND EQUIPMENT FOR MANUFACTURE AND ASSEMBLY THEREOF
(Promulgated together with Decision No. 04/2002/QD-BTC of January 17, 2002
of the Finance Minister)
Ordinal number
Description of commodity items
Codes
1
Pit explosion-preventing pumps
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2
Pit explosion-preventing sectional and main ventilators
84145900
3
Pit explosion-preventing 3-phase AC motors of an output of between over 750 W and 37.5 kW
85015210
4
Pit explosion-preventing transformers for lighting
85043290
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Pit explosion-preventing dry transformers of a capacity of up to 16 kVA
85043290
6
Pit explosion-preventing dry transformers of a capacity of between over 16 kVA and 500 kVA
85043390
7
Dry transformer stations in complete unit, mobile, for pit explosion prevention, of a capacity of between over 16 kVA and 500 kVA
85043390
8
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85081000
9
Pit explosion-preventing magnetic starters
85362000
10
Pit explosion-preventing automatic circuit-breakers
85362000
11
Explosion-preventing dry alkaline accumulators, of Cd-Ni type, a voltage of 1.2 V and a content of 10-12 AH, used in the manufacture of miners’ explosion-preventing lamps
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12
Explosion-preventing bi-filament light bulbs, 3.6V-0.5/1A, of an output of 3.6 W, used in the manufacture of miners’ explosion-preventing lamps
85392930
Decision No. 04/2002/QD-BTC of prescribing the preferential import tax rate for a number of explosion-preventing machinery and equipment for exclusive use in pit coal mining as well as a number of supplies and equipment for manufacture and assembly thereof
- Số hiệu: 04/2002/QD-BTC
- Loại văn bản: Quyết định
- Ngày ban hành: 17/01/2002
- Nơi ban hành: Bộ Tài chính
- Người ký: Vũ Văn Ninh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 01/02/2002
- Ngày hết hiệu lực: 01/09/2003
- Tình trạng hiệu lực: Hết hiệu lực