Chapter VII
IMPLEMENTATION PROVISIONS
Article 46.- This Decree takes effect 15 days after its publication in "CONG BAO" and applies to the taxation period as from 2007.
This Decree replaces the Government's Decree No. 164/2003/ND-CP of December 22, 2003, detailing the implementation of the Enterprise income tax Law and Decree No. 152/2004/ND-CP of August 6, 2004, amending and supplementing a number of articles of Decree No. 164/2003/ND-CP.
1. Business establishments newly founded under investment projects and getting business registration certificates or investment certificates as from the effective date of the Government's Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Investment Law, shall pay enterprise income tax under this Decree.
2. To annul the provisions on enterprise income tax relief of Clause 1, Article 36 of the Government's Decree No. 187/2004/ND-CP of November 16, 2004, on transformation of state companies into joint-stock companies. Joint-stock companies founded from equitized state enterprises before the effective date of this Decree continue enjoying enterprise income tax relief according to the provisions of Clause 1, Article 36 of the Government's Decree No. 187/2004/ND-CP for the remaining relief duration.
From the taxation year of 2007, to abolish enterprise income tax relief for satisfaction of the condition on use of domestic materials or for satisfaction of the condition on export percentage of textile and garment activities specified in legal documents on foreign investment in Vietnam, domestic investment promotion or enterprise income tax, and legal documents on investment.
3. Business establishments currently enjoying enterprise income tax relief under the Government's Decree No. 164/2003/ND-CP of December 22, 2003, and Decree No. 152/2004/ND-CP of August 6, 2004, and the Prime Minister's decisions issued before the effective date of this Decree continue enjoying the relief till the end of the relief duration. If the preferential enterprises income tax rates and durations of tax exemption or reduction they are enjoying are lower than the preferential tax rates or shorter than tax exemption or reduction durations provided in this Decree, business establishments will enjoy the preferences provided in this Decree for the remaining relief duration.
4. Business establishments that are granted investment licenses or business registration certificates before the date of official accession of the Socialist Republic of Vietnam to the World Trade Organization (January 11, 2007), which have incomes from business activities (except for textile and garment activities mentioned in Clause 2 of this Article) and are currently enjoying enterprise income tax relief for satisfaction of the condition on export percentage specified in the legal documents on foreign investment in Vietnam, domestic investment promotion or enterprise income tax, and legal documents on investment, will continue enjoying enterprise income tax relief according to these legal documents until the end of 2011.
5. The settlement of tax-related problems, tax finalization, exemption and reduction, and handling of administrative violations related to enterprise income tax arising before the effective date of this Decree shall comply with relevant provisions of legal documents on enterprise income tax, foreign investment in Vietnam, domestic investment promotion and other legal documents issued before the effective date of this Decree.
Article 47.- The Ministry of Finance shall guide the implementation of this Decree.
Ministers, heads of ministerial-level agencies, heads of the government-attached agencies, presidents of provincial/municipal People's Committees, and concerned organizations and individuals shall implement this Decree.
Tìm kiếm
Nghị định 24/2007/NĐ-CP (Bản Word)