Chương 5 Nghị định 218/2013/NĐ-CP: Điều khoản thi hành

Chapter 5.

IMPLEMENTATION PROVISION

Article 20. Effect

1. This Decree takes effect on February 15, 2014 and applies to the tax period from 2014 onwards.

Invalidating Decree No. 124/2008/ND-CP dated December 11, 2008, No. 122/2011/ND-CP dated December 27, 2011 of the Government detailing and guiding the implementation of a number of articles of the Law on corporate income tax and Article 2 and 3 of Decree No. 92/2013/ND-CP dated August 13, 2013 of the Government detailing and guiding the implementation of a number of articles effective on July 01, 2013 of the Law amending and supplementing a number of articles of the Law on corporate income tax and the Law amending and supplementing a number of articles of the Law on value-added tax;

2. Enterprises having investment projects and by the end of tax period of 2013 still in the time of being entitled to the incentives of corporate income tax, including the case where the investment projects are issued with the Investment License or Investment Certificate or enterprise registration Certificate (for domestic investment project associated with the establishment of new enterprises having investment capital of less than 15 billion dong and not in the list of fields of conditional investment) but not having enjoyed the incentives as prescribed by the legal normative documents on corporate income tax before the effective date of this Decree, they shall continue to be entitled to the incentives for the remaining time as prescribed by these documents. Where these enterprises have met the conditions for tax incentives under the provisions of this Decree (including the incentive tax rate and the time for tax exemption or reduction) under the incentive status for new investment for the remaining time if being entitled under the status of newly-established enterprises from the investment projects or under the status of incentives for expansion investment for the remaing time if being entitled under the status of expansion investment;

By the end of tax period of 2015, where enterprises having investment projects subject to the incentive tax rate of 20% specified in Clause 3, Article 15 of this Decree, they shall be entitled to the tax rate of 17% for the remaining time from January 01, 2016;

The determination of remaining time for enjoyment of tax incentives is continuously calculated since the compliance with provisions on tax incentives in legal documents on foreign investment in Vietnam, on encouragement of domestic investment and on corporate income tax issued before the effective date of this Decree;

3. Enterprises established or having investment projects from the conversion of type of enterprise, conversion of owner, separation, splitting, merger or consolidation are responsible for paying the corporate income tax (including penalty if any) while inheriting the incentives of corporate income tax (including enterprises’ losses not yet carried forward) or investment projects prior to separation, splitting, merger or consolidation if they continue to meet the conditions for incentives of corporate income tax and conditions for transfer of loss as prescribed by law;

4. The settlement of tax problems, tax settlement, tax exemption or reduction before the effective date of this Decree shall comply with the provisions of the legal laws on corporate income tax, the law on foreign investment in Vietnam, the law on encouragement of domestic investment and other legal normative documents issued before the effective date of this Decree;

Article 21. Responsibility for implementation

1. The Ministry of Finance shall guide the implementation of this Decree;

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairman of People's Committees of provinces and centrally-run cities, organizations and individuals are liable to execute this Decree ./.