Decree No. 134/2024/ND-CP on policies to increase revenue from export and import activities through the Nghi Son Sea Port in Thanh Hoa Province

Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant to the State Budget Law on June 25, 2015;

Pursuant to the Value Added Tax Law dated June 3, 2008; the Law Amending and Supplementing Certain Provisions of the Value Added Tax Law dated June 19, 2013; the Law Amending and Supplementing Certain Provisions of the Value Added Tax Law, Special Consumption Tax Law, and Tax Management Law dated April 6, 2016;

Pursuant to Resolution No. 37/2021/QH15 dated November 13, 2021 of the National Assembly on piloting certain special mechanisms and policies for the development of Thanh Hoa Province;

At the proposal of the Minister of Finance;

The Government promulgates this Decree stipulating policies to increase revenue from import and export activities through the Nghi Son Sea Port in Thanh Hoa Province.

Article 1. Scope and Applicability

Article 1. This Decree stipulates the implementation of policies to increase revenue from import and export activities through the Nghi Son Sea Port in Thanh Hoa Province as provided for in Clause 2, Article 3 of Resolution No. 37/2021/QH15 dated November 13, 2021 of the National Assembly on piloting certain special mechanisms and policies for the development of Thanh Hoa Province.

Article 2. This Decree applies to the People's Committee of Thanh Hoa Province and relevant agencies, organizations, and individuals involved in determining revenue from import and export activities through the Nghi Son Sea Port.

Article 3. Determination of revenue from import and export activities through the Nghi Son Sea Port and value added tax on imported goods through the Nghi Son Sea Port for investment in fixed assets or production of exported goods to be refunded by the central budget

Clause 1. Scope of determination of revenue from import and export activities through the Nghi Son Sea Port:

Only the revenue from import and export activities through the Nghi Son Sea Port of enterprises registered in Thanh Hoa Province and declaring customs clearance at the Thanh Hoa Customs Department shall be determined.

Clause 2. Scope of determination of value added tax on imported goods for investment in fixed assets or production of exported goods to be refunded by the central budget:

Only the value added tax refundable amount of enterprises in Thanh Hoa Province (excluding recovered VAT refunds) shall be considered.

Clause 3. Value added tax on imported goods refunded by the central budget:

The value added tax on imported goods refunded by the central budget is the corresponding amount of VAT paid and refunded during the fiscal year, calculated according to the following formula:

Where:

a) The amount refunded per period is the total amount of VAT refunded according to the Refund Order issued by the central budget to enterprises importing goods through the Nghi Son Sea Port during the fiscal year, excluding recovered VAT refunds (if any).

b) The value added tax paid per period for imported goods through the Nghi Son Sea Port for investment in fixed assets or production of exported goods is the total VAT paid at the import stage by enterprises importing goods through the Nghi Son Sea Port corresponding to the refund period (based on customs data and declarations by taxpayers).

c) The total input VAT in the refund period for each file is the sum of VAT paid at the import stage and VAT purchased domestically eligible for deduction by enterprises importing goods through the Nghi Son Sea Port.

Article 3. Responsibilities of the agencies

1. The Ministry of Finance shall be responsible for leading and coordinating with the Ministry of Planning and Investment, relevant ministries and sectors, and the People's Committee of Thanh Hoa Province to inspect the implementation of policies increasing revenue from import and export activities through the Nghi Son Seaport.

2. The People's Committee of Thanh Hoa Province shall be responsible for:

a) Directing related agencies at the local level to implement policies increasing revenue from import and export activities through the Nghi Son Seaport as stipulated in this Decree and relevant legal documents.

b) Coordinating with the Ministry of Finance and relevant ministries, ministerial-level agencies, and government agencies to inspect and supervise the implementation of policies increasing revenue from import and export activities through the Nghi Son Seaport.

Article 4. Effective date

This Decree takes effect from October 21, 2024, and applies for five years from the 2022 budget year to the 2026 budget year.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairman of the People's Committee of Thanh Hoa Province, and related agencies, organizations, and individuals shall be responsible for implementing this Decree.