Tiếng Việt- 1 Law No. 07/2003/QH11 of June 17, 2003, amending and supplementing a number of articles of the value added tax law
- 2 Law No. 08/2003/QH11 of June 17, 2003, amending and supplementing a number of articles of the law on special consumption tax
- 3 Law No. 05/1998/QH10 of May 20, 1998, on Special Consumption Tax.
- 4 Law No. 57/1997/L-CTN of May 10, 1997, on Value added tax.
| THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 57/2005/QH11 | Hanoi, November 29, 2005 |
LAW
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE SPECIAL CONSUMPTION TAX LAW AND THE VALUE ADDED TAX LAW
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
This Law amends and supplements a numbers of articles of the May 20, 1998 Special Consumption Tax Law, which was amended and supplemented under the June 17, 2003 Law Amending and Supplementing a Number of Articles of the Special Consumption Tax Law, and the May 10, 1997 Value Added Tax Law, which was amended and supplemented under the June 17, 2003 Law Amending and Supplementing a Number of Articles of the Value Added Tax Law.
Article 1.- To amend and supplement a number of articles of the Special Consumption Tax Law
1. Clause 6 of Article 6 is amended and supplemented as follows:
"Article 6.- Tax calculation prices
…
6. For liquors, beers, casino, jackpot games, and golf business, special consumption tax (SCT) calculation prices shall be specified by the Government.
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...
...
Where taxpayers have purchase or sale turnovers in a foreign currency, they must convert such foreign-currency amounts into Vietnam dong at the exchange rates publicized by the Vietnam State Bank at the time of generation of such turnovers in order to determine tax calculation prices."
2. Article 7 is amended and supplemented as follows:
"Article 7.- Tax rates
SCT rates of goods and services are specified in the Special Consumption Tariff below:
SPECIAL CONSUMPTION TARIFF
No.
Goods and services
Tax rate (%)
I
...
...
...
1
Cigarettes, cigars
a/ Cigars
65
b/ Cigarettes
...
...
...
- In 2006-2007
55
- From 2008
65
2
Liquors
...
...
...
a/ Liquors of 40% proof or higher
65
b/ Liquors of between 20% and under 40% proof
30
c/ Liquors of under 20% proof, fruit wines, medicated liquors
20
3
...
...
...
a/ Bottled beer, canned beer
75
b/ Draught beer, fresh beer
- In 2006-2007
...
...
...
- From 2008
40
4
Cars
a/ Cars of 5 seats or less
50
...
...
...
b/ Cars of between 6 and 15 seats
30
c/ Cars of between 16 and under 24 seats
15
5
Gasoline of various kinds, naphtha, condensate, reformade components, and other components for mixing gasoline
10
6
...
...
...
15
7
Playing cards
40
8
Votive gilt paper, votive objects
70
II
Services
...
...
...
1
Dancing halls, massage parlors, karaoke bars
30
2
Casino, jackpot games
25
3
Entertainment with bet tickets
25
...
...
...
Golf business: sale of membership cards and golf playing tickets
10
5
Lottery business
15
3. Article 16 is amended and supplemented as follows:
"Article 16.- Cases eligible for SCT reduction or exemption
Establishments producing SCT-liable goods which meet with difficulties due to natural disaster, enemy sabotage or accident shall be considered for tax reduction or exemption.
The Government shall specify tax reduction or exemption provided for in this Article."
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1. Clause 1 of Article 4 is amended and supplemented as follows:
"Article 4.- Objects not liable to value added tax (VAT)
The following goods and services shall not be liable to VAT:
1. Cultivation and husbandry products, cultured and fished aquatic and marine products, which have not yet been processed into other products or have just been preliminarily processed and sold by producing or fishing organizations or individuals, and at the stage of importation.
…"
2. Point j, Clause 2 of Article 8, which was amended into Point k, Clause 2 of Article 8 under the June 17, 2003 Law Amending and Supplementing a Number of Articles of the VAT Law, is amended and supplemented as follows:
"Article 8.- Tax rates
…
2. The tax rate of 5% shall apply to the following goods and services:
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k/ Preliminarily processed cotton;
…"
Article 3.- This Law takes effect as from January 1, 2006.
Article 4.- The Government shall detail and guide the implementation of this Law.
This Law was passed on November 29, 2005, by the XIth National Assembly of the Socialist Republic of Vietnam at its 8th session.
NATIONAL ASSEMBLY
Nguyen Van An
- 1 Decision No. 827/2006/QD-BKH of the Ministry of Planning and Investment, promulgating the list of equipment, machinery, spare parts and special-use means of transport, which can be produced at home; the list of construction materials, which can be produced at home; the list of supplies necessary for petroleum activities, which can be produced at home; the list of raw materials, materials, supplies and semi-finished products in service of shipbuilding industry, which can be produced at home; and the list of raw materials, materials, supplies and semi-finished products, which can be produced at home
- 2 Resolution no. 51/2001/NQ-QH10 of December 25, 2001 on amendments and supplements to a number of articles of the 1992 constitution of the socialist republic of Vietnam
- 1 Official Dispatch No. 662/TCT-CS of January 29, 2008, on value-added tax on commissions for international shipping agency services
- 2 Decision No. 44/2007/QD-BTC of June 04, 2007 on termination of the excise duty refund for exported home-made foreign-brand cigarettes
- 3 Decision No. 827/2006/QD-BKH of the Ministry of Planning and Investment, promulgating the list of equipment, machinery, spare parts and special-use means of transport, which can be produced at home; the list of construction materials, which can be produced at home; the list of supplies necessary for petroleum activities, which can be produced at home; the list of raw materials, materials, supplies and semi-finished products in service of shipbuilding industry, which can be produced at home; and the list of raw materials, materials, supplies and semi-finished products, which can be produced at home
- 4 Circular No. 72/2006/TT-BTC
- 5 Official Dispatch No. 340/BTC-TCT of January 10, 2006, on credit of value added tax (VAT)