Chương 5 Nghị định 79/2000/NĐ-CP: Điều khoản thi hành

Chapter V

IMPLEMENTATION PROVISIONS

Article 20.- Cases eligible for value added tax reduction consideration defined in Article 28 of the Value Added Tax Law are specified as follows:

1. For business establishments that pay tax by the tax deduction method and, during the first years of application of the value added tax, suffer from losses due to the fact that the payable value added tax amounts are larger than the tax amounts they previously paid according to the turnover tax rate, they shall be considered for reduction of payable value added tax amounts. The value added tax amount to be reduced for each establishment shall correspond to the loss amount due to the above-said reason, but must not exceed the value added tax amount such establishment has to pay for the year of tax reduction.

2. The duration of value added tax reduction prescribed in this Article shall be considered annually and calculated according to the solar calendar year which shall be effected within the first 3 years, from 1999 to the end of 2001.

The tax reduction shall be considered on the basis of business result and tax final settlement of business establishments. For business establishments specified in Clause 1 of this Article that have anticipated loss from their plan year cost estimates, the tax authority shall, in order to ease the financial difficulties for such establishments, consider and give provisional value added tax reduction to them. The provisional tax reduction level shall be determined on the basis of the annual financial revenue-expenditure estimates and the previous year’s actual business situation, but must not exceed 70% of the tax amount estimated to be reduced according to the provisions of law.

The cases previously entitled to turnover tax exemption or reduction under the international agreements which Vietnam has signed or acceded to, or under the Government’s commitments, are now entitled to the corresponding value added tax exemption or reduction under such international agreements or commitments.

The Finance Ministry shall guide the procedures and stipulate the competence to consider the value added tax reduction as defined in this Article.

Article 21.- The collection of the value added tax is stipulated as follows:

1. The General Department of Tax shall have to organize the collection and reimbursement of value added tax for goods and services of domestic production and/or business establishments.

2. The General Department of Customs shall have to organize the collection of value added tax on import goods.

3. The General Department of Tax and the General Department of Customs shall have to coordinate with each other in managing the collection of value added tax throughout the country.

The Finance Ministry shall specify the organization of the value added tax collection according to the provisions of this Article.

Article 22.- The value added tax amounts to be reimbursed to eligible subjects specified in Article 15 shall be taken from the tax reimbursement fund, which is deducted from the collected value added tax amount. The Finance Ministry shall specify the tax reimbursement organization, accounting of value added tax collection and reimbursement according to the provisions of this Article.

Article 23.- This Decree takes effect as from January 1, 2001 and replaces the Government’s Decree No.28/1998/ND-CP of May 11, 1998, Decree No.102/1998/ND-CP of December 21, 1998, Decree No.78/1999/ND-CP of August 20, 1999 and Decree No.15/2000/ND-CP of May 9, 2000 detailing the implementation of the Value Added Tax Law.

The solution of problems related to the turnover tax, turnover tax final settlement, reduction and exemption and the handling of turnover tax-related violations arising before January 1, 1999 shall still comply with the corresponding provisions of the Turnover Tax Law and the Law Amending and Supplementing a Number of Articles of the Turnover Tax Law as well as the regulations on turnover tax in other relevant legal documents.

Article 24.- The Finance Minister 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 People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.