Circular No. 104/2010/TT-BTC stipulates the preferential import tax rate for materials and spare parts imported to produce lifting equipment listed in the Priority Mechanical Products Catalogue issued together with Decision No. 10/2009/QĐ-TTg.

CIRCULAR

Prescribing the rate of preferential import tax for materials and spare parts imported for the production of lifting equipment listed in the Priority Mechanical Products Catalogue issued together with Decision No. 10/2009/QĐ-TTg

______________________________________________________

Pursuant to the Law on Export Tax and Import Tax dated June 14, 2005;

Pursuant to Resolution No. 295/2007/NQ-UBTVQH12 dated September 28, 2007 of the Standing Committee of the National Assembly on the issuance of the Export Tariff according to the list of taxable goods categories and tariff ranges for each category, and the Preferential Import Tariff according to the list of taxable goods categories and preferential tariff ranges for each category;

Pursuant to Resolution No. 830/2009/UBTV12 dated October 17, 2009 of the Standing Committee of the National Assembly on amending Resolution No. 295/2007/NQ-UBTVQH12 dated September 28, 2007 and Resolution No. 710/2008/NQ-UBTVQH12 dated November 22, 2008;

Pursuant to 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;

Pursuant to Decision No. 10/2009/QĐ-TTg dated January 16, 2009 of the Prime Minister on the mechanism to support the development of priority mechanical products;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of Finance prescribes the rate of preferential import tax for materials and spare parts imported for the production of cranes as follows:

Article 1. Rate of Preferential Import Tax

Materials and spare parts imported for the production of lifting equipment shall be subject to a preferential import tax rate of 0%.

1. They must be granted a Certificate of Science and Technology Enterprise by the competent state management agency.

1. Lifting equipment meeting the conditions specified in Section 3, Appendix I of the Priority Mechanical Products Catalogue issued from 2009 to 2015 pursuant to Decision No. 10/2009/QĐ-TTg of the

2. Enterprises importing (or entrusting the importation of) spare parts and materials for the production of lifting equipment must have confirmation from the Steering Committee of the Priority Mechanical Products Program that they are enterprises producing priority mechanical products.

Article 3. Implementation Organization

1. Enterprises importing or entrusting the importation commit to using spare parts and components for the production of lifting equipment exclusively for the production of lifting equipment.

2. In cases where the conditions set out in Article 2 of this Circular are not met or the spare parts and materials are used for purposes other than the production of lifting equipment, such spare parts and materials shall be subject to the preferential import tax rate applicable at the time of registration of the customs declaration for imported goods with the Customs authority.

Article 4. Effective date

This Circular takes effect from March 2, 2009 and applies until December 31, 2015.