Decree No. 147/2006/ND-CP amending and supplementing certain articles of Decree No. 68/1998/ND-CP dated September 3, 1998 of the Government detailing the implementation of the Mineral Resources Tax Ordinance (amended).

DECREE

Amending and supplementing certain Articles of

Decree No. 68/1998/NĐ-CP dated September 3, 1998 of the Government detailing the implementation of the Mineral Resources Tax Ordinance (amended).

Amending and supplementing some articles of Decree No. 68/1998/NĐ-CP dated September 3, 1998 of the Government detailing the implementation of the Mineral Resources Tax Ordinance (amended) as follows:

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Mineral Resources Tax Ordinance (amended) No. 051/1998/PL-UBTVQH10 dated April 10, 1998;

Considering the proposal of the Minister of Finance.

DECREE

Article 1. Amends and supplements some articles of Decree No. 68/1998/NĐ-CP dated September 3, 1998 of the Government detailing the implementation of the Mineral Resources Tax Ordinance (amended) as follows:

1. Amends Clause 7 of Article 2 as follows:

"7. Natural water includes surface water and underground water, except for natural mineral water and hot water as specified in Clause 2 of this Article."

“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”

"Article 7.
1. The tax base for mineral resources tax is the selling price per unit of the mineral resource at the place of extraction. In cases where a type of mineral resource extracted in a month has the same grade and quality, part of the production volume is sold at the place of extraction according to market prices, while another part is transported elsewhere for consumption or processing, screening, selection, etc., then the tax base for the entire production volume of the mineral resource extracted shall be the selling price per unit of the mineral resource at the place of extraction. If there is production volume extracted in a month but no revenue from sales at the place of extraction occurs, the tax base per unit of the mineral resource shall be determined based on the tax base per unit of the mineral resource product of the immediately preceding month.
2. In cases where the selling price per unit of the mineral resource as stipulated in Clause 1 of this Article cannot be determined, the tax base per unit of the mineral resource shall be determined based on one of the following bases:
a) The selling price per unit of a similar mineral resource with comparable value;
b) The selling price per unit of the pure substance and its content in the extracted mineral resource, or the selling price per unit of the pure substance and its content in each component of the mineral resource;
c) The selling price per unit of the extracted mineral resource minus (-) the costs of screening, selection, and other costs from the place of extraction to the place of screening and selection.

3. For natural water used for hydropower production, the tax base for mineral resources tax is the selling price of commercial electricity.
4. For wood, it is the selling price at the delivery site.
5. For oil and gas, the tax base is determined according to the provisions of Article 46 of Decree No. 48/2000/NĐ-CP dated September 12, 2000 of the Government detailing the implementation of the Petroleum Law. The Ministry of Finance shall guide the determination of the tax base for mineral resources tax as stipulated in this Article. Provincial People's Committees directly under the Central Government shall specify the tax base for each type of mineral resource according to the guidance of the Ministry of Finance."

"3. Customer information of organizations: Documents, information, and data to verify customer identification information as prescribed in the Law on Anti-Money Laundering, along with documents, information, and data of the legal representative, chief accountant, or person responsible for accounting (if any) as prescribed in Clause 2 of this Article. In cases where organizations use electronic identity account, banks and foreign bank branches do not require the provision of documents, information, and data already available in the organization's electronic identity account."

"3. Organizations and individuals engaged in marine fishing in distant waters using large-capacity vessels are exempt from mineral resources tax for five years from the date of issuance of the Fishing Permit and have their tax reduced by 50% for the next five years. Monthly, organizations and individuals engaged in marine fishing in distant waters shall self-determine their compliance with the conditions for exemption and reduction of tax to temporarily determine the amount of tax exemption and reduction for that month when filing the mineral resources tax declaration. At the end of the tax period, organizations and individuals engaged in marine fishing in distant waters shall self-determine the actual amount of tax exemption and reduction to declare and bear responsibility for the declared tax exemption and reduction. In cases where organizations and individuals engaged in marine fishing in distant waters fail to comply with the conditions for tax exemption and reduction leading to incorrect determination and declaration of tax exemption and reduction, they will be subject to back payment of taxes and penalties according to current laws. After the above tax exemption and reduction period, if organizations and individuals engaged in marine fishing in distant waters continue to incur losses, they may be considered for further tax reduction corresponding to the annual loss for up to five consecutive years."

4. Amends Item VII of the Mineral Resources Tax Table issued together with Decree No. 68/1998/NĐ-CP dated September 3, 1998 of the Government as follows:

"VII. Mineral water, natural water".

Article 2. This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 3. The Ministry of Finance shall guide the implementation of this Decree.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees directly under the Central Government, and related organizations and individuals are responsible for implementing this Decree.