Decision No. 166/2000/QD-BTC On the tax rate for import duties on certain machinery and equipment for underground coal mining safety

DECISION OF THE MINISTER OF FINANCE

Regarding the determination of import tariff rates for certain machinery and equipment

specifically designed for explosion-proof use in coal mining underground

THE MINISTER OF FINANCE

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, authorities, and responsibilities of ministries and ministerial-level agencies in state management;

Pursuant to Decree No. 178/CP dated October 28, 1994 of the Government on tasks, authorities, and organizational structure of the Ministry of Finance;

Pursuant to the framework of tariff rates stipulated in the Import Tariff Schedule accompanying Resolution No. 63/NQ-UBTVQH10 dated October 10, 1998 of the Standing Committee of the National Assembly of the Xth term; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Standing Committee of the Xth National Assembly;

Pursuant to Article 1 of Decree No. 94/1998/NĐ-CP dated November 17, 1998 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Export Tax, Import Tax Law No. 04/1998/QH10 dated May 20, 1998;

After consulting relevant ministries and sectors; at the proposal of the Director General of the General Department of Taxation;

DECISION:

Article 1:AApply an import tariff rate of 0% (zero percent) for certain machinery and equipment specifically designed for explosion-proof use in coal mining underground, provided that the following conditions are met:

Listed in the Appendix attached to this Decision

Not domestically produced (confirmed by the Ministry of Industry)

Imported for installation in underground mines for coal mining purposes

By Vietnam Coal Corporation and its affiliated enterprises

The commodity code in the Import Tariff Schedule for machinery and equipment specifically designed for coal mining underground as stipulated in this Decision shall not apply to all items under such commodity code but only to those items clearly named in the Appendix attached to this Decision.

Article 2Annually, the Ministry of Finance will review and adjust the import tariff rates for the items specified in Article 1 of this Decision, in accordance with domestic production capacity and international commitments on taxes.

Article 3Vietnam Coal Corporation must bear full responsibility for the import and proper use of explosion-proof equipment specifically designed for coal mining underground. The provision of separate import tariff rates for machinery and equipment specifically designed for coal mining underground shall be implemented no later than December 31, 2005.

No later than March 31 of the following year, Vietnam Coal Corporation must report to the Ministry of Industry and customs authority (at the place of import) on the use of machinery and equipment specifically designed for coal mining underground imported in the previous year. Cases of improper use will be subject to back payment of import tax and penalties according to the provisions of the Import Tariff Schedule and the Export Tax, Import Tax Law.

Article 4This Decision takes effect and applies to import declarations submitted to customs authorities from October 25, 2000 onwards./.