Circular No. 07/2010/TT-BTC guiding amendments and supplements to Circular No. 45/2008/TT-BTC dated June 5, 2008 of the Ministry of Finance on financial regulations and customs procedures applicable to the international border economic zone at Cau Treo Bridge, Ha Tinh Province.

CIRCULAR

Amending and supplementing Circular No. 45/2008/TT-BTC dated June 5, 2008

of the Ministry of Finance guiding financial regime and customs procedures applicable

to economic zones international border gate Cau Treo province Ha Tinh

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Pursuant to Decision No. 162/2007/QĐ-TTg dated October 19, 2007 of the Prime Minister on the issuance of the Operation Regulations for the International Border Gate Economic Zone Cau Treo, Ha Tinh Province;

Pursuant to Decision No. 93/2009/QĐ-TTg dated July 10, 2009 of the Prime Minister amending and supplementing Clause 4 Article 21 of Decision No. 33/2009/QĐ-TTg dated March 2, 2009 of the Prime Minister promulgating financial mechanisms and policies for economic zones at border gates;

Pursuant to the guidance of the Prime Minister in Official Letter No. 5361/VPCP-KTTH dated August 6, 2009;

Pursuant to the guidance of the Deputy Prime Minister in Notification No. 291/TB-VPCP dated September 18, 2009 of the Government Office;

After reaching a consensus with the Ministry of Industry and Trade (Official Letter No. 11426/BCT-XNK dated November 12, 2009), the Ministry of Justice (Official Letter No. 3980/BTP-PLQT dated November 13, 2009), and the Ministry of Planning and Investment (Official Letter No. 8843/BKH-KTDV dated November 17, 2009);

The Ministry of Finance hereby issues this circular to amend and supplement Circular No. 45/2008/TT-BTC dated June 5, 2008 of the Ministry of Finance guiding the financial regime and customs procedures applicable to the International Border Gate Economic Zone Cau Treo, Ha Tinh Province as follows:

Article 1. Amend Clause 4 Section I of Circular No. 45/2008/TT-BTC as follows:

"4. Conditions for applying the financial regime to the International Border Gate Economic Zone Cau Treo:

The International Border Gate Economic Zone Cau Treo shall be entitled to apply the preferential financial regimes stipulated in this Circular when it satisfies all of the following conditions simultaneously:

- Measures ensuring isolation of activities within the International Border Gate Economic Zone Cau Treo from the domestic territory of Vietnam and the Lao People's Democratic Republic.

- Presence of customs authorities and other relevant agencies to monitor and inspect persons, goods, and means of transport entering and exiting the International Border Gate Economic Zone Cau Treo."

Article 2. Amend and supplement the first paragraph after the fourth bullet point at Subparagraph b Point 1.2 Clause 1 Section II of Circular No. 45/2008/TT-BTC as follows:

"Goods produced, processed, recycled, or assembled in the International Border Gate Economic Zone Cau Treo using raw materials, components, spare parts, and semi-finished products not yet produced domestically and imported from abroad, when imported into the domestic territory of Vietnam, shall be exempted from import duties for a period of five years from the date of commencement of production in accordance with Paragraph 1 Clause 15 Article 16 of Decree No. 149/2005/NĐ-CP dated December 8, 2005 of the Government detailing the implementation of the Law on Export Tax and Import Tax and Clause 3 Article 21 of Decision No. 162/2007/QĐ-TTg dated October 19, 2007 of the Prime Minister on the issuance of the Operation Regulations for the International Border Gate Economic Zone Cau Treo, Ha Tinh Province.

Upon expiration of the duty exemption period as prescribed above, goods produced, processed, recycled, or assembled in the International Border Gate Economic Zone Cau Treo using imported raw materials and components (excluding goods imported from the domestic territory of Vietnam that use imported raw materials and components), when imported into the domestic territory of Vietnam, shall only be subject to import duties on the portion of imported raw materials and components incorporated into such goods."

Article 3. Amend and supplement Point 1.6 Clause 1 Section II Circular No. 45/2008/TT-BTC as follows:

"1.6. For tourists visiting the International Border Economic Zone Bridge Treo

- Domestic and foreign tourists arriving at the International Border Economic Zone Bridge Treo are allowed to purchase duty-free imported goods for personal use within the domestic territory if the total value of such goods does not exceed VND 500,000 per person per day. In cases where the total value of purchased goods exceeds the aforementioned limit, the individual must pay the corresponding tax on the excess amount in accordance with the provisions of the law.

- The policy of selling duty-free goods to tourists visiting the International Border Economic Zone Bridge Treo shall be implemented in accordance with the regulations stipulated in the Circular of the Ministry of Finance guiding the implementation of Decision No. 93/2009/QD-TTg dated July 10, 2009 of the Prime Minister amending and supplementing Clause 4 Article 21 of Decision No. 33/2009/QD-TTg dated March 2, 2009 of the Prime Minister promulgating financial mechanisms and policies for border economic zones."

Article 4. Effective date:

1. This Circular takes effect 45 days from the date of signature.

2. During the implementation process, if there are any difficulties, organizations and individuals involved are requested to promptly report to the Ministry of Finance for necessary amendments and supplements to ensure compliance.