Circular No. 152/2015/TT-BTC guiding on natural resources tax

CIRCULAR

Guidelines on Resource Tax

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Pursuant to the Law on Natural Resources Tax No. 45/2009/QH12 dated November 25, 2009;

Pursuant to the Law on Minerals No. 60/2010/QH12 November 17, 2010;

Pursuant to the Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration No. 21/2012/QH13 dated November 20, 2012;

Pursuant to Resolution No. 712/2013/UBTVQH13 dated November 16 Alpha hexachlorocyclohexane 2013 of the Standing Committee of the National Assembly regarding the issuance of the Table of Tax Rates for Resource Tax;

Pursuant to the Law Amending and Supplementing Certain Provisions of Various Tax Laws No. 71/2014/QH13 dated November 26, 2014;

Pursuant to Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government detailing certain provisions of the Law on Tax Administration and the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration;

Pursuant to Decree No. 50/2010/NĐ-CP dated May 14, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Resource Tax;

Pursuant to Decree No. 12/2015/NĐ-CP dated February 12, 2015 of the Government guiding the implementation of the Law Amending and Supplementing Certain Provisions of Various Tax Laws and Amending and Supplementing Certain Provisions of Various Tax Decrees;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating functions, Pursuant to Decree No. 111/2021/NĐ-CP dated December 9, 2021 of the Government amending and supplementing certain articles of Decree No. 14/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling;powers term and organizational structure of the Ministry of Finance;

Based on the opinions of the Ministry of Natural Resources and Environment at Circular No. 2626/BTNMT-TC dated June 29, 2015;

At the proposal of the Director General of the State Revenue总局局长的提议；

The Minister of Finance hereby issues this Circular on guidelines for resource tax as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Circular provides guidance on taxable objects; taxpayers; tax bases; exemptions and reductions of resource tax and organization of implementation according to the provisions of Decree No. 50/2010/NĐ-CP dated May 14, 2010 of the Government detailing the implementation of the Law on Resource Tax No. 45/2009/QH12 and some provisions of Decree No. 12/2015/NĐ-CP dated February 12, 2015 of the Government guiding the implementation of the Law Amending and Supplementing Certain Provisions of Various Tax Laws.

For crude oil, natural gas, and coalbed methane, specific guidance shall be provided by the Ministry of Finance.

Article 2. Taxable Objects

The taxable objects under this Circular are natural resources within the territory of mainland, islands, internal waters, territorial seas, contiguous zones, exclusive economic zones, and continental shelves under the sovereignty and jurisdiction of the Socialist Republic of Vietnam, including:

1. Metallic minerals.

2. Non-metallic minerals.

3. Products from natural forests, including various types of plants and other products from natural forests, except animals and cinnamon, cardamom, saffron, and pepper produced by taxpayers in areas designated for conservation and protection.

4. Natural marine products, including marine animals and plants.

5. Natural water, including surface and underground water; except water used for agriculture, forestry, fisheries, salt production, and seawater used for cooling machinery.

Seawater used for cooling machinery as specified in Clause 5 must meet environmental requirements, efficiency standards for circulating water use, and technical conditions approved by competent state authorities. In cases where seawater usage results in pollution or fails to meet environmental standards, it will be handled according to Decree No. 179/2013/NĐ-CP dated November 14, 2013 of the Government and related implementing regulations or amendments (if any).

6. Natural bird's nest, except bird's nests obtained from activities involving the construction of houses to attract swiftlets naturally and harvest them.

Bird's nests obtained from activities involving the construction of houses to attract swiftlets naturally and harvest them must comply with the provisions of Circular No. 35/2013/TT-BNNPTNT dated July 22, 2013 of the Ministry of Agriculture and Rural Development and subsequent amendments (if any).

7. Other natural resources as determined by the Ministry of Finance in coordination with relevant ministries and agencies, reported to the Government for consideration and decision by the Standing Committee of the National Assembly.

Article 3. Taxpayers

Taxpayers of resource tax are organizations and individuals exploiting resources subject to resource tax as stipulated in Article 2 of this Circular. Taxpayers of resource tax (hereinafter referred to as taxpayers - NNT) are specifically defined in certain cases as follows:

1. For mineral resource exploitation activities, taxpayers are organizations and individual businesses authorized by competent state authorities to issue mining permits.

Where an organization is authorized by competent state authorities to issue mining permits and is permitted to cooperate with other organizations or individuals in resource exploitation with specific provisions on taxpayers, the taxpayer of resource tax shall be determined according to such documents.

Where an organization is authorized by competent state authorities to issue mining permits and subsequently assigns its subordinate units to carry out resource exploitation, each unit carrying out exploitation shall be considered a taxpayer of resource tax.

2. In joint venture enterprises established for resource exploitation, the joint venture enterprise is the taxpayer;

Where both Vietnamese and foreign parties participate in a cooperation contract for resource exploitation, the responsibility for paying resource tax must be clearly stipulated in the cooperation contract; if the cooperation contract does not specify the party responsible for paying resource tax, all parties involved in the contract must declare and pay resource tax or designate a representative to pay the resource tax for the cooperation contract.

3. Organizations and individuals undertaking construction projects that generate resource quantities during construction and are permitted by state management authorities or do not contravene laws on resource exploitation when exploiting, using, or consuming such resources must declare and pay resource tax to the local tax authority where the resources are exploited.

4. Organizations and individuals using water from hydropower facilities for power generation are taxpayers of resource tax as stipulated in this Circular, regardless of the source of investment in the hydropower facility.

Where an organization managing a hydropower facility supplies water to other organizations or individuals for producing potable water or other uses (excluding power generation), the organization managing the hydropower facility is the taxpayer.

5. For natural resources that are prohibited from being extracted or illegally extracted and seized, confiscated, subject to resource tax, and permitted for sale, the organization entrusted with selling must declare and pay the resource tax according to each occurrence at the direct managing tax authority before deducting costs related to the capture, auction, and awarding bonuses as prescribed.

Chapter II

BASIS FOR CALCULATING THE RESOURCE TAX

Article 4. Basis for calculating the tax

1. The basis for calculating the resource tax includes the taxable quantity of resources, the tax base price of resources, and the tax rate on resource tax.

2. Determination of the resource tax payable within the period

In cases where the competent state agency sets the amount of resource tax payable per unit of extracted resource, the amount of resource tax payable shall be determined as follows:

The determination of the resource tax is based on the database of the Tax Authority, in accordance with the regulations on setting taxes under the law on tax administration.

Article 5. Taxable quantity of resources

1. For types of resources whose quantities, weights, or volumes can be determined, the taxable quantity of resources is the actual quantity, weight, or volume of resources extracted during the tax period.

In cases where the extraction results in products of different grades, qualities, and commercial values, the taxable quantity of resources is determined based on the quantity of each type of resource with the same grade, quality, and commercial value, or converted to the quantity of the type of resource with the largest sales volume to determine the taxable quantity for the entire extracted resources during the period.

Example 1: Enterprise A extracts rock after blasting, resulting in various sizes of rock fragments. These rocks are classified according to their respective grades and qualities to determine the taxable quantity of each type of rock. If Enterprise A sells part of the rock fragments and grinds the remaining fragments into different sizes of rock fragments, the taxable quantity is determined by converting the quantities of different-sized rock fragments to the quantity of the largest-selling rock size to determine the actual extracted quantity for resource tax calculation. Enterprise A declares and pays the tax based on the corresponding sales prices.

2. For resources whose actual quantities, weights, or volumes cannot be determined due to containing various impurities and are sold after screening and sorting, the taxable quantity of resources is determined as follows:

a) For resources that result in separate components after screening and sorting, the taxable quantity of resources is determined based on the quantity, weight, or volume of the resource or each component obtained after screening and sorting.

In cases where waste, slag, or ash is sold after screening and sorting, the resource tax must be paid on the quantity of resources contained in the sold waste, slag, or ash based on the actual sales price and corresponding tax rate.

Example 2: When coal extracted from a mine containing impurities and soil must be screened and sorted before sale, the actual taxable quantity of coal is the quantity of coal after screening and sorting. If waste sold contains coal and other resources, the resource tax must be calculated on the quantity of taxable resources in the waste based on the actual sales price and corresponding tax rate.

Example 3: When iron ore is extracted and 2 kg of gold concentrate and 100 tons of iron ore are obtained after screening and sorting, the resource tax is calculated based on the quantity of gold concentrate and iron ore obtained. At the same time, the taxable quantity of other resources used in mineral extraction activities, such as water used in screening and sorting, is also determined.

b) For resources containing various substances (multi-metal ores) that cannot be determined in terms of quantity after screening, sorting, and classification, the taxable quantity of resources is determined based on the actual extracted quantity of resources (ore) and the proportion of each substance in the resource. The proportion of each substance in the resource is determined based on the sample of the extracted resource approved by the competent state authority. If the proportion of each substance in the actual extracted resource differs from that in the sample, the taxable quantity is determined based on the inspection results of the actual proportion of each substance in the resource by the competent state authority.

Example 4: Enterprise B extracts resources, with the extracted ore quantity in a month being 1,000 tons, containing various substances. According to the Mining Permit and the proportion of each substance in the ore sample approved by the National Reserve Evaluation Council: copper ore: 60%; silver ore: 0.2%; tin ore: 0.5%.

The taxable quantity of resources for each substance is determined as follows:

- Copper ore: 1,000 tons x 60% = 600 tons.

- Silver ore: 1,000 tons x 0.2% = 2 tons.

- Tin ore: 1,000 tons x 0.5% = 5 tons.

Based on the determined quantity of each substance in the ore, the unit tax base price of each substance is applied when calculating the resource tax.

3. For resources that are not sold but must undergo production or processing before sale (for domestic consumption or export), the taxable quantity of resources is determined as follows:

For natural resources that are not sold directly but must be processed and manufactured before being sold (for domestic consumption or export), the quantity of natural resources subject to tax is determined based on the quantity of natural resources extracted, converted from the production volume of products produced for sale during the period according to the standard resource usage rate per unit of product. The standard resource usage rate per unit of product is declared by the taxpayer based on the project approved by the competent authority, technological standards designed for producing the current product.

- In cases where the product sold is a natural resource product, the standard resource usage rate per unit of natural resource product produced for sale shall be the basis.

- In cases where the product sold is an industrial product, the standard resource usage rate per unit of industrial product produced for sale shall be the basis.

Determining whether the product sold after processing is an industrial product or not is carried out by the relevant state management ministry according to its authority.

Example 5: Enterprise A extracts stone and uses part of it to crush and incorporate into cement production for sale. The quantity of natural resources subject to tax is determined as follows: if the quantity of stone extracted for cement production cannot be identified, it will be converted from the cement production volume. In this case, Enterprise A determines based on its own technical standards and procedures.

Example 6: Enterprise C extracts 10 tons of apatite ore, resulting in three types of ore: apatite 1, apatite 2, and apatite 3. After sorting, the specific quantities are determined as follows: 2 tons of apatite 1, 3 tons of apatite 2, and 5 tons of apatite 3. Of these, apatite 1 and apatite 2 are consumed immediately, while apatite 3 is further processed into new apatite 1 for sale. Therefore, the quantity subject to tax is determined as follows:

- The quantity of apatite 1 and apatite 2 extracted during the period is 5 tons;

- Since apatite 3 must be processed into apatite 1 for sale, the quantity of natural resources subject to tax is the quantity of apatite 1.

Example 7: Enterprise D extracts polymetallic ore, part of which is consumed domestically in the form of polymetallic ore, and the remainder is further processed into concentrate for export. The quantity subject to tax is determined as follows:

- For the quantity sold domestically: Based on the ratio of each component in the polymetallic ore approved by the National Reserve Evaluation Council and the tested ore sample, the corresponding quantity subject to tax for each component in the natural resource product (ore) produced for sale is determined.

- For the quantity exported: If the exported mineral concentrate product is determined by the competent authority to be an industrial product, the quantity of natural resources subject to tax is determined by converting the quantity of natural resources contained in the mineral product produced before processing into an industrial product, based on the ratio of each component in the polymetallic ore approved by the National Reserve Evaluation Council and the tested ore sample, and the standard resource usage rate per unit of product declared by Enterprise D according to its technological process.

4. For natural water used for hydroelectric power production, the quantity of natural resources subject to tax is the electricity production volume of the power generation facility sold to the buyer according to the power purchase and sale contract, or the electricity transfer volume when there is no such contract, as measured by a system meeting Vietnam's quality measurement standards, confirmed by both the buyer and seller or the giver and receiver.

5. For natural mineral water, natural hot water, bottled or canned natural water, and natural water used for production and business activities, the quantity of natural resources subject to tax is determined in cubic meters (m3) or liters (l) according to a measuring system meeting Vietnam's quality measurement standards.

Taxpayers must install measuring equipment for the quantity of natural mineral water, natural hot water, and natural water extracted for tax calculation purposes. The installed equipment must have a calibration certificate from the Vietnamese Quality Measurement Standard Management Authority and must be reported to the tax authority for the first time along with the resource tax declaration form within the nearest tax declaration period following the completion of installation.

In cases where due to objective conditions, it is impossible to install measuring equipment for the quantity of extracted water used and the actual quantity subject to tax cannot be directly determined, the quantity of natural resources extracted is allocated for tax purposes according to the tax period. The tax authority will coordinate with relevant local authorities to determine the allocated quantity of natural resources extracted for resource tax calculation as stipulated in this Circular.

6. The coordination mechanism between the Tax Authority and the Natural Resources and Environment Authority to manage resource extraction activities at the local level is as follows:

Based on the taxpayer's declaration about the actual quantity of natural resources extracted annually for each mine submitted together with the final resource tax return, within five working days, the tax authority is responsible for transferring detailed information about the annual quantity of natural resources extracted for each mine of units within the jurisdiction to the Natural Resources and Environment Authority.

The Natural Resources and Environment Authority is responsible for comparing the declared quantity of natural resources extracted for each mine by the extracting unit and the tax paid with existing data at the Natural Resources and Environment Authority; In cases where the declared quantity does not match the permitted extraction quantity recorded on the Mining Permit or shows signs of violation, the Natural Resources and Environment Authority will take measures to verify the actual quantity extracted by the unit.

Within seven working days from the date of receiving the information transferred by the tax authority, the Natural Resources and Environment Authority is responsible for transferring the information to the tax authority for handling according to the provisions of the Law on Tax Administration.

7. In cases where there are enterprises exploiting and exporting natural resource products on the territory, the tax authority shall determine the actual export volume of natural resource products based on the Customs Declaration under the information exchange mechanism stipulated in Decision No. 574/QD-BTC dated March 30, 2015 of the Ministry of Finance to convert it into the production volume of natural resources and compare it with the resource volume declared for final settlement of natural resource taxes by the enterprise. In case discrepancies in the taxable resource volume declared and paid by the enterprise indicate violations of the law, the tax authority shall apply appropriate inspection and audit measures according to the Law on Tax Administration to collect the full amount of natural resource tax and handle the violation as prescribed.

The additional volume of natural resources extracted through inspections and audits must be subject to natural resource tax at the applicable tax rate and valuation price for natural resources as prescribed at the time of extraction; if the additional volume cannot be attributed to a specific tax declaration period, the tax rate and valuation price for natural resources as prescribed by law at the end of the extraction year shall apply.

Article 6. Valuation Price for Natural Resource Tax

The valuation price for natural resource tax is the selling price per unit of natural resource product of organizations and individuals extracting natural resources, excluding value-added tax but not lower than the valuation price for natural resource tax prescribed by the provincial People's Committee; if the selling price per unit of natural resource product is lower than the valuation price for natural resource tax prescribed by the provincial People's Committee, the tax on natural resources shall be calculated based on the valuation price prescribed by the provincial People's Committee.

In cases where natural resource products are transported for sale, and transportation costs and product selling prices are recorded separately on invoices, the valuation price for natural resource tax is the selling price of the natural resource product excluding transportation costs.

1. For types of natural resources with determinable selling price per unit of product

The valuation price for natural resource tax is the selling price per unit of product of the same grade and quality, excluding value-added tax, applied to the entire volume of natural resources extracted in the month; the selling price per unit of natural resource is calculated by dividing the total revenue (excluding VAT) from sales of that type of natural resource by the corresponding total volume of natural resources sold in the month.

If there is extraction of natural resources in the month but no revenue from sales of natural resources is generated, the valuation price for natural resource tax is the weighted average valuation price per unit of natural resource of the most recent previous month with revenue; if the weighted average valuation price per unit of natural resource of the most recent previous month with revenue is lower than the valuation price for natural resource tax prescribed by the provincial People's Committee, the valuation price prescribed by the provincial People's Committee shall apply.

In cases where organizations as legal entities extract natural resources for groups or corporations to consolidate sales through contracts agreed upon between the parties or sell at prices determined by the group or corporation, the valuation price for natural resource tax is the price determined by the group or corporation but not lower than the price prescribed by the provincial People's Committee at the location where the natural resources are extracted.

2. For types of natural resources with undeterminable selling price per unit of extracted product due to containing various substances

The valuation price is the selling price per unit of each substance within the natural resource, determined based on the total monthly revenue from sales of natural resources (excluding VAT) allocated to each substance present in the extracted natural resource according to the approved proportion of each substance by the competent state agency and the volume of natural resources sold recorded on sales documents corresponding to each substance.

Example 8: Enterprise E extracts 1,000 tons of ore, the proportion of each substance in the ore sample has been tested as follows: copper: 60%; silver: 0.2%; tin: 0.5%.

The taxable quantity of resources for each substance is determined as follows:

- Copper: 1,000 tons x 60% = 600 tons.

- Silver: 1,000 tons x 0.2% = 2 tons.

- Tin: 1,000 tons x 0.5% = 5 tons.

In the month, the enterprise sells 600 tons of ore, generating revenue of 900 million dong. The valuation price for each substance in the ore is determined as follows:

- Revenue from the sale of copper in the month: 900 million x 60% = 540 million.

- Valuation price for copper (VND/ton): 540 million / 360 tons.

- When declaring and paying natural resource tax, the entity must declare and pay tax on all 600 tons of copper ore at the valuation price (as stated above) with the corresponding tax rate.

Similarly, determine the valuation price to declare and pay tax on the silver and tin contained in the 1,000 tons of ore extracted in the month.

3. For natural resources extracted but not sold directly but must undergo production and processing before being sold (either domestically or exported)

a) In cases where natural resource products are sold, the valuation price for natural resource tax is the selling price per unit of natural resource product (in domestic sales) corresponding to the volume of natural resources sold recorded on sales documents or the customs value of the natural resource product exported (in exports) excluding the corresponding export tax on the volume of natural resources exported recorded on export documents but not lower than the valuation price prescribed by the provincial People's Committee.

The customs value of exported natural resource products shall be implemented according to the regulations on customs value for exported goods under the Law on Customs and guiding documents for implementation and amendments (if any).

b) In cases where industrial products are sold, the valuation price for natural resource tax is the selling price of the industrial product minus the processing costs incurred in the processing stage from natural resource products to industrial products but not lower than the valuation price prescribed by the provincial People's Committee.

Processing costs incurred in the processing stage from natural resource products to industrial products can be deducted when determining the valuation price based on the processing technology of the enterprise according to the approved project but excluding extraction, screening, concentration, and enrichment costs.

c) In case the taxable value determined by the taxpayer is lower than the taxable value specified in the Price Table issued by the Provincial People's Committee, the taxable value specified in the Price Table shall be applied; In case the Price Table of the Provincial People's Committee does not have a price for this type of product, the tax authority shall cooperate with relevant agencies to conduct inspections and determine the taxable value according to the law on tax administration.

d) In case natural resources extracted are processed and produced into products and by-products are obtained, the unit taxable value for each specific case as stipulated in this Article shall be applied.

Example 9: In the process of smelting iron ore, if 0.05 tons of copper ore are obtained from 1 ton of pig iron and the selling price of copper ore is 8,500,000 VND per ton, then the taxable value of natural resources for 0.05 tons of copper ore is 8,500,000 VND. If the copper ore is not sold but further processed into industrial products, the taxable value shall be the selling price of the industrial product minus the processing costs incurred to convert copper ore into industrial products, as prescribed by the Provincial People's Committee, to calculate the natural resource tax on the quantity of copper ore produced.

4. The taxable value of natural resources in certain cases is specifically regulated as follows:

The average selling price of commercial electricity for calculating the natural resource tax for hydropower production facilities is published by the Ministry of Finance.

b) For timber, it is the selling price at the delivery site (warehouse or storage area where logging takes place); in case the selling price at the delivery site cannot be determined, the taxable value shall be determined based on the taxable value prescribed by the Provincial People's Committee according to the guidance provided in Clause 6 of this Article.

c) For natural mineral water, hot natural water, bottled or canned natural water, and natural water used for production and business without a selling price, the taxable value of natural resources shall be determined by the Provincial People's Committee according to the principles outlined in Clause 5 of this Article.

d) Organizations and individuals exploiting natural resources who fail to maintain complete accounting records and accounting vouchers as required shall be subject to inspection and tax determination by the tax authority according to the law on tax administration. In such cases, the taxable quantity of natural resources shall be determined based on the inspection results, and the taxable value of natural resources shall be the value specified in the Price Table issued by the Provincial People's Committee applicable to each period.

5. Annually, the Provincial People's Committee shall issue the Price Table for the calculation of natural resource taxes to be implemented for the following consecutive year as follows:

5.1. The Price Table for the calculation of natural resource taxes shall include information to serve as the basis for determining natural resource taxes for natural resource exploitation activities occurring within the province, consistent with policies and laws, including: the quota of natural resource usage as a basis for converting from natural resource products or industrial products to the quantity of natural resources extracted contained in natural resource products and industrial products; The corresponding taxable value of natural resources for the type of natural resources exploited, natural resource products after processing, wherein:

a) The quota of natural resource usage as a basis for converting from natural resource products or industrial products to the quantity of natural resources extracted contained in natural resource products and industrial products of enterprises operating within the province shall be determined based on the actual declaration of enterprises but must be consistent with reports on exploration and evaluation by relevant agencies and organizations regarding the content, quality, quantity of natural resources, extraction methods, and recovery rates in areas where natural resources are extracted.

b) The taxable value specified in the Price Table is the value of extracted natural resources and natural resource products corresponding to the nature of the natural resources and natural resource products extracted and processed by enterprises operating within the province, determined based on documents, vouchers, purchase and sale contracts of enterprises and organizations within the province regarding the quality and quantity of natural resources, the selling price of natural resource products in the local market and neighboring markets, except in cases provided for in point c, Clause 5 of this Article.

c) The taxable value of natural resources for cases where extracted natural resources are not sold but must be processed and manufactured before being sold is determined as follows:

c1) For cases where extracted natural resources are processed and sold as natural resource products, the taxable value is the selling price of the natural resource product excluding VAT (for domestic consumption) or customs value excluding export duty (for export).

c2) For cases where extracted natural resources are processed into industrial products before being sold (domestic consumption or export), the taxable value of natural resources is determined based on the selling price (for domestic consumption) or customs value (for export) of the industrial product sold, minus export duty (if any) and industrial processing costs of the stage from natural resource product to industrial product.

The processing costs deductible under point c2 above must be based on the guidelines of relevant ministries, the Ministry of Finance, and shall be jointly determined by the Department of Finance in coordination with the tax authority, environmental resources management agency, and relevant specialized administrative management agencies based on the processing technology approved in the Project and the business results of enterprises extracting and processing natural resources within the province, but excluding extraction, screening, concentration, and enrichment costs.

5.2. The taxable value of natural resources specified in the Price Table must comply with the framework of the taxable value of natural resources issued by the Ministry of Finance.

5.3. The competent authority designated by the Provincial People's Committee shall coordinate with relevant agencies to develop and submit to the Provincial People's Committee for issuance no later than December 31 the Mineral Resource Tax Calculation Price List to be applied from January 1 of the following year. During the year, if the selling price of a type of mineral resource fluctuates beyond the levels specified in the Framework Price for Mineral Resource Tax issued by the Ministry of Finance, it shall be reported to the Ministry of Finance for timely adjustment.

5.4. The tax administration agency directly responsible for collecting mineral resource tax shall publicly display the Mineral Resource Tax Calculation Price List at its office and send it to the General Department of Taxation to establish a database on mineral resource tax calculation prices.

Article 7. Mineral Resource Tax Rate

2. The application of the mineral resource tax rate to natural mineral water, natural hot water, bottled or canned natural water, and natural water used for certain purposes is determined as follows:

a) Natural mineral water, natural hot water, bottled or canned natural water (including bottled or canned water that can be refilled into bottles or cans) shall apply the same mineral resource tax rate as bottled or canned water.

b) Natural water used for hydropower production, natural water used for business operations mixed with natural mineral water or natural hot water, but according to the design documents and production processes approved by the competent authorities, it does not fall within the scope of producing bottled or canned natural mineral water or natural hot water, shall apply the mineral resource tax rate corresponding to the purpose of use.

Chapter III

REGISTRATION, TAX DECLARATION, PAYMENT, AND SETTLEMENT OF MINERAL RESOURCE TAX

Article 8. Registration, Tax Declaration, Payment, and Settlement of Mineral Resource Tax

Matters concerning registration, tax declaration, payment, and settlement of mineral resource tax shall be carried out in accordance with the provisions of the Law on Tax Administration, guiding documents implementing the Law on Tax Administration, and any subsequent amendments or supplements (if any).

Specifically, for tax declaration, payment, and settlement related to mineral extraction activities, in addition to general regulations, they must also comply with the provisions set forth in Article 9 of this Circular.

Article 9. Tax Declaration and Settlement for Mineral Extraction Activities

1. Organizations and individual businesses engaged in mineral resource extraction shall notify the tax authority of the method for determining the tax calculation price for each type of extracted mineral resource, along with the first month's mineral resource tax declaration form. In case of changes to the method for determining the tax calculation price, such changes must be reported to the directly managing tax authority in the month of change.

2. Monthly, taxpayers shall declare taxes on the total quantity of extracted mineral resources for that month (regardless of whether they are inventory or still in the processing stage).

When settling taxes, taxpayers must attach a detailed list of the quantity of extracted mineral resources for the year, corresponding to each mine based on the issued permit, to the annual tax settlement declaration form. The mineral resource tax amount is determined based on the tax rate of the extracted mineral resource type corresponding to the quantity and tax calculation price as follows:

a) The taxable quantity of mineral resources is the total quantity of extracted mineral resources for the year, regardless of whether they are inventory, still in the processing stage, or in transit.

If the sales volume includes both mineral resource products and industrial products, the mineral resource quantity must be converted from the mineral resource content in the mineral resource products and industrial products based on the self-determined mineral resource usage ratio by the taxpayer.

b) The tax calculation price is the average selling price per unit of mineral resource product, calculated by dividing the total revenue from selling mineral resources by the total quantity of mineral resources sold during the year.

Chapter IV

EXEMPTIONS AND REDUCTIONS OF MINERAL RESOURCE TAX

Article 10. Exemption from Resource Tax

The cases exempted from resource tax as prescribed in Article 9 of the Law on Resource Tax and Clause 6 of Decree No. 50/2010/NĐ-CP include:

1. Exemption from resource tax for organizations and individuals exploiting natural marine products.

2. Exemption from resource tax for organizations and individuals exploiting branches, twigs, firewood, bamboo, rattan, reed, palm leaves, rush, and water caltrop by individuals who are permitted to exploit for personal use.

3. Exemption from resource tax for organizations and individuals exploiting natural water for hydropower production activities to serve household needs.

4. Exemption from resource tax for natural water exploited by households and individuals for personal use.

5. Exemption from resource tax for land assigned or leased to organizations and individuals for exploitation and use at the location within the assigned or leased area; land exploited for leveling, construction of security, military, and dike projects.

Land exploited and used at the location as exempted under this point includes sand, stone, gravel mixed in the soil that cannot be specifically identified and used in their raw form for leveling and construction; In the case of transporting to other locations for use or sale, tax on resources must be paid according to regulations.

6. Other cases exempted from resource tax shall be reported by the Ministry of Finance in coordination with relevant ministries and sectors to the Government for submission to the Standing Committee of the National Assembly for consideration and decision.

Article 11. Reduction of Resource Tax

The cases exempted from resource tax as prescribed in Article 9 of the Law on Resource Tax and Clause 6 of Decree No. 50/2010/NĐ-CP include:

1. Taxpayers subject to resource tax who suffer losses due to natural disasters, fires, or unexpected accidents affecting declared and taxed resources may be exempted or granted reductions in the tax payable for the lost resources; if taxes have already been paid, they will be refunded or deducted from the resource tax payable in the following period.

2. Other cases eligible for reduction of resource tax shall be reported by the Ministry of Finance in coordination with relevant ministries and sectors to the Government for submission to the Standing Committee of the National Assembly for consideration and decision.

Article 12. Procedures and Formalities for Exemption and Reduction of Resource Tax

The procedures and formalities for exemption and reduction of resource tax, and the authority to grant such exemptions and reductions, shall be implemented in accordance with the Law on Tax Administration, the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration, and guiding documents.

Chapter V

IMPLEMENTATION

Article 13. Implementation Organization

a) Directing the Department of Finance to coordinate with the Department of Natural Resources and Environment and the Tax Department to establish the Table of Taxable Resource Values applicable in the locality; Regularly reviewing and adjusting it in line with market fluctuations.

b) Directing tax, finance, natural resources and environment, state treasury agencies, and related agencies to cooperate in implementing resource tax management in accordance with the guidelines set out in this Circular.

This Circular takes effect from November 20, 2015, replacing Circular No. 105/2010/TT-BTC dated July 23, 2010, issued by the Ministry of Finance.

During implementation, if there are difficulties or obstacles, organizations and individuals are requested to promptly reflect them to the Ministry of Finance for timely research and resolution.