Decree No. 193-CP on stamp duty

DECREE

CỦA GOVERNMENT DECREE NO. 193-CP OF DECEMBER 29, 1994 ON PREMIUM TAX

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

To strengthen administrative management of state activities in economic and social sectors and to create revenue for the state budget;

At the proposal of the Minister of Finance,

DECREE:

Article 1. - Assets of organizations and individuals that must be registered with state management agencies for ownership rights and usage rights shall be subject to premium tax according to the following regulations: houses, land, ships of all types (watercraft, motorboats, barges, boats, and other types of vessels), cars of all types, motorcycles of all types, hunting guns, sports guns.

Article 2. - Organizations and individuals, including foreign organizations and individuals, who have assets that must be registered for premium tax, shall pay the premium tax each time they register with state management agencies, except where international treaties to which Vietnam is a party provide otherwise.

Article 3 - Premium tax shall not be collected in the following cases:

1. Land used for public purposes as stipulated in Article 58 of the Land Law; land for mineral exploration, exploitation, and scientific research; land granted by the State for the first time where the user must pay land use fees as prescribed by law.

2. Houses and land used as offices for diplomatic missions and consular agencies and residences for heads of foreign consular agencies in Vietnam.

3. Special-purpose assets for national defense and security, if such assets are used for production, business, or consumption by organizations or individuals, they still must pay the premium tax.

4. Charity houses, including land attached to houses donated by organizations and individuals, registered under the name of the recipient.

5. Vehicles specially designed for disabled persons.

6. Assets that have already paid the premium tax, subsequently divided or merged into organizations requiring re-registration, or transferred between regions within Vietnam without changing the asset owner.

7. Houses and land compensated by the State when they are reclaimed by the State.

Article 4. - The premium tax rate (%) on the value of assets at market price at the time of registration is as follows:

1. Houses, land, ships of all types: 2%

2. Cars, motorcycles, hunting guns, sports guns: 4%.

The amount of premium tax collected shall not exceed 500 million dong for one asset.

The Ministry of Finance, based on market prices during specific periods, shall guide provincial People's Committees and municipal People's Committees directly under the central government to determine the valuation for premium tax applicable within their respective jurisdictions.

Article 5. - Organizations and individuals with assets as specified in Article 1 of this Decree, before registering ownership or usage rights, shall be responsible for:

1. Fully and truthfully declaring the situation and actual condition of the assets according to the form prescribed by the Ministry of Finance.

2. Providing complete documentation and being legally accountable for the accuracy of the relevant documents necessary for calculating the premium tax according to the prescribed procedures.

3. Paying the full premium tax.

Article 6. - Tax authorities organizing the collection of premium tax shall have the following duties and powers:

1. Guiding organizations and individuals to strictly comply with the declaration and payment of premium tax.

2. Checking the declared documents and assessing the actual condition of the assets to calculate the premium tax.

3. Calculating and notifying the payment of premium tax to the State Treasury.

When collecting premium tax, the collecting agency must issue a receipt for premium tax payment to organizations and individuals, issued by the Ministry of Finance.

4. Preparing records, imposing administrative penalties within its authority or recommending competent authorities to handle according to the provisions of the law.

5. Considering and resolving complaints about the collection and payment of premium tax according to the prescribed authority.

Article 7. - State management agencies organizing the registration of ownership and usage rights for assets subject to premium tax shall be responsible for coordinating with tax authorities to inspect compliance with the premium tax payment system and shall only issue certificates of ownership and usage rights after receiving confirmation from the tax authority that the premium tax has been paid or waived.

Article 8. - Organizations and individuals who intentionally defraud the preliminary property tax shall, in addition to paying the full amount of the preliminary property tax as prescribed by this Decree, be subject to a fine of one to three times the amount of the defrauded preliminary property tax. In cases of serious violations, criminal responsibility may be pursued according to the provisions of the law.

The authority and procedures for imposing penalties under this Article shall be implemented in accordance with the Government's regulations on administrative penalties in the field of taxation.

Article 9.

1\. Individuals who take advantage of their positions or powers to embezzle, misappropriate, or cause the loss of preliminary property tax funds must compensate the State for the entire amount of the preliminary property tax that was embezzled, misappropriated, or lost, and shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the provisions of the law.

2\. Individuals who discover cases of evading preliminary property tax fraudulently and acts of harassment causing inconvenience during the collection and payment of preliminary property tax shall be rewarded according to the general system of the State.

Article 10. - Organizations and individuals paying the preliminary property tax have the right to appeal against the improper implementation of this Decree.

The appeal letter must be sent to the tax authority responsible for collecting the preliminary property tax.

The authority receiving the appeal letter must examine and resolve it within thirty days from the date of receipt. For complex appeals, the time limit may be extended, but not exceeding sixty days from the date of receipt.

If the appellant disagrees with the decision of the authority receiving the appeal, or if the appeal has not been resolved beyond the above time limit, they have the right to appeal to the higher-level tax authority directly overseeing the receiving authority. The decision of the Minister of Finance is the final decision.

Article 11. - The tax authority must refund the preliminary property tax or penalty collected improperly within thirty days from the date of receipt of the effective decision on handling. Individuals or authorities who improperly collect taxes contrary to the law must be subject to disciplinary action; if they repeat the offense, they will be removed from the tax authority or be subject to criminal prosecution.

Article 12. - This Decree takes effect from January 1, 1995. Previous regulations on preliminary property tax that conflict with this Decree are abolished.

Article 13. - The Minister of Finance shall guide the implementation of this Decree.

Article 14. - The Minister, Head of a Ministry-equivalent agency, or agency under the Government, Chairman of the People's Committee of provinces and centrally governed cities shall, based on their functions, tasks, and authorities, direct the implementation of this Decree./.