Chương 7 Nghị định 164/2003/NĐ-CP: Tổ chức thực hiện

Chapter VII

IMPLEMENTATION PROVISIONS

Article 50.- This Decree takes effect 15 days after its publication in the Official Gazette and applies to tax-calculation period from 2004.

The Government’s Decree No. 30/1998/ND-CP of May 13, 1998 and Decree No. 26/2001/ND-CP of June 4, 2001 detailing the implementation of the Law on Enterprise Income Tax shall cease to be effective as from January 1, 2004.

1. To annul the regulations on the reimbursement of enterprise income tax already paid for re-invested incomes and tax on incomes transferred abroad, as well as regulations on preferences regarding enterprise income tax rates, exemption and reduction prescribed in the Government’s Decree No. 24/2000/ND-CP of July 31, 2000 and Decree No. 27/2003/ND-CP of March 19, 2003 detailing the implementation of the Law on Foreign Investment in Vietnam.

To annul the regulations on preferences regarding enterprise income tax rates, exemption and reduction prescribed in the Government’s Decree No. 51/1999/ND-CP of July 8, 1999 and Decree No. 35/2002/ND-CP of March 29, 2002 detailing the implementation of the Law on Domestic Investment Promotion and the provisions on enterprise income tax in the Government’s Decree No. 81/2002/ND-CP of October 17, 2002 detailing the implementation of the Law on Science and Technology.

To annul the regulations on tax on land use right transfer, applicable to business establishments prescribed in the Government’s Decree No. 19/2000/ND-CP of June 8, 2000 detailing the implementation of the Law on Tax on the Transfer of Land Use Right and the Law Amending and Supplementing a Number of Articles of the Law on Tax on the Transfer of Land Use Right.

2. Foreign-invested enterprises, which have been granted investment licenses, and domestic business establishments, which have been granted investment preference certificates, shall continue enjoying the enterprise income tax preferences stated in their investment licenses or investment preference certificates. In cases where the preferential rates inscribed in their investment licenses or investment preference certificates are lower than the preferential enterprise income tax rates under the provisions of this Decree, the business establishments shall enjoy the preferential enterprise income tax rates under this Decree for the remaining duration. For foreign-invested enterprises, if the duration eligible for tax preferences under investment licenses has expired, they shall shift to the tax rate of 25%; for cases where the tax rate of 25% is being applied, they shall continue enjoying this tax rate till the expiration of their licenses. Domestic business establishments with the duration of enjoying the preferential enterprise income tax rates having expired and other domestic business establishments being subject to the tax rate of 32%, shall shift to the tax rate of 28% as from January 1, 2004.

3. The settlement of tax-related problems, tax settlement, exemption and reduction, and handling of administrative violations related to enterprise income tax arising before January 1, 2004 shall comply with corresponding provisions of legal documents on enterprise income tax, foreign investment in Vietnam, domestic investment promotion and other legal documents already issued before the effective date of this Decree.

Article 51.- The Ministry of Finance shall guide the implementation of this Decree.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.