RESOLUTION

ON AMENDMENT OF AND ADDITION TO THE LIST OF GOODS AND SERVICES WHICH ARE NOT SUBJECT TO VALUE ADDED TAX AND VALUE ADDED TAX RATES APPLICABLE TO A NUMBER OF GOODS AND SERVICES

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to article 91 of the 1992 Constitution of the Socialist Republic of Vietnam and article 6 of the Law on Organisation of the National Assembly;
Pursuant to article 4 and article 8 of the Law on Value Added Tax;
Pursuant to Resolution 18-1998 -NQ-QH10 of Legislature X of the National Assembly at its 4th session dated 25 November 1998 on Estimated State Budget for 1999; On the proposal of the Government

RESOLVES:

Article 1

To make the following amendments and additions to the list of goods and services which are not subject to value added tax stipulated in article 4 of the Law on Value Added Tax as amended by Resolution 90-1999-NQ-UBTVQH10 of the Standing Committee of the National Assembly dated 3 September 1999:

1. Clause 4 shall be amended as follows:

"4. Specialised machinery, equipment or means of transportation which form part of a technological process and construction materials which are not yet able to be produced domestically and are required to be imported to form the fixed assets of enterprises; aircraft, drilling platforms or watercraft leased from foreign parties which are not yet able to be produced domestically used for production or business; equipment, machinery, replacement parts, specialised means of transportation and supplies which are required to be imported in service of prospecting, exploration and development of petroleum fields and which are not yet able to be produced domestically;"

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"7. Credit services, investment funds and securities trading activities;"

3. Clause 20 shall be amended as follows:

"20

- Imported goods in the fo llowing cases: humanitarian aid, non-refundable aid; gifts to State bodies, political organisations, socio -political organisations, social organisations, socio - professional organisations; units of the people's armed forces; donations and gifts to individuals in Vietnam within the limits set out by the Government, personal effects of foreign organisations and individuals under diplomatic immunity regulations; hand luggage within duty-free limits;

- Goods to be sold to international organisations and foreig n individuals for humanitarian and non-refundable aid to Vietnam;"

4. Clause 22 shall be amended as follows:

"22. Goods and services provided directly for international transportation and consumers outside Vietnam, except for repair of machinery, equipme nt and means of transportation for foreign parties and labour export services;"

5. Clause 23 shall be amended as follows:

"23. Technology transfers; softwares, except for export computer software;".

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To make the following amendments and additions to the list of goods and services on the basis of the value added tax rates set out in article 8 of the Law on Value Added Tax as amended by Resolution 90-1999 -NQ-UBTVQH10 of the National Assembly dated 3 September 1999:

1. Clause 1 shall be amended as follows:

"1. Tax rate of zero (0) per cent for export goods, including export goods subject to special sales tax; export computer software; repair of machinery, equipment and means of transportation for foreign parties and labour export services;"

2. The tax rate of ten (10) per cent applicable to the following list of goods and services in accordance with clause 3 of article 8 shall be changed to the tax rate of five (5) per cent in accordance with clause 2 of article 8:

- Products from metallurgy, ro lling and drawing of ferrous, nonferrous or precious metals, except for imported gold set out in clause 24 of article 4 of the Law on Value Added Tax;

- Moulds of all types;

- Power cable for voltages of 600V or more;

- Computers, modules of computers;

- Explosives;

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- Grindstone;

- Newsprint;

- Spray canisters with pressure chamber;

- Rubber latex in semi-processed form;

- Artificial hard boards;

- Soil, stone, sand and gravel;

- Tyres and sets of tyres and tubes whose size is 900-20 or more;

- Products of pharmaceutical chemistry and pharmaceutical products being materials for production of medicines for disease treatment and prevention;

- Neutral glass tubes;

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- Goods subject to special sales tax in the process of trading whose tax is paid in accordance with the method of tax credit;

- Net, rope and fibre for knitting of fishing net;

- Construction and installation;

- Maintenance, re pair and restoration of historical or cultural relics, museums, except for activities set out in clause 15 of article 4 of the Law on Value Added Tax;

- Dredging of fairway, river ports, seaports; recovery of sunken property and salvage;

- Transport, loading and discharge of goods;

- Books subject to value added tax;

- Magnetic tapes or disks whether or not they are programmed;

- Distribution and screening of video films.

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This Resolution shall be of full force and effect as of 1 January 2001.

The Government shall make detailed provisions for implementation of this Resolution.

ON BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN




Nong Duc Manh