Decision No. 223/1999/QD-TTg stipulates the exemption of value-added tax (VAT) for ODA projects with non-repayable funds and certain other cases. This document aims to facilitate ODA projects and reduce financial burdens on project sponsors.
适用范围
Project sponsor or main contractor in ODA projects
要点
- ODA projects using non-repayable funds are exempt from value-added tax (VAT) (Article 1).
- If the project sponsor has already paid VAT, they will be refunded the amount of tax by the State (Article 1).
- Project sponsors or main contractors in ODA loan projects that do not require repayment shall be refunded VAT when importing goods and purchasing domestic services to implement the project (Article 2).
- Project sponsors in ODA projects under a borrowing mechanism from the budget must pay VAT with domestic funds (Article 3).
- Tax authorities must complete procedures for refunding VAT to project sponsors or main contractors within three days of receiving all valid documents and certificates (Article 4).
🌐 本文件的社会影响
- Reduce financial burdens on project sponsors and contractors implementing ODA projects.
- Create favorable conditions to attract ODA funds into Vietnam, promoting economic development.
- Tax authorities have additional work in processing VAT refund applications.
❓ 常见问题
How does a project sponsor using non-repayable ODA funds pay value-added tax (VAT)?
Exempt from paying VAT (Article 1).
If the project sponsor has already paid VAT before this Decision takes effect, will they be refunded the tax?
Yes, if the conditions specified in Article 4 are met.
What is the time limit for tax authorities to complete VAT refund procedures?
Within three days from receiving all documents (Article 4).
全文
DECISION
On Value-Added Tax for Projects
Using Official Development Assistance (ODA) Funds
______________________
PRIME MINISTER
Pursuant to the Law on Government Organization dated September 30, 1992
Pursuant to the Law on Value-Added Tax No. 02/1997/QH9 dated May 10, 1997;
Pursuant to Decree No. 90/1999/NĐ-UBTVQH10 dated September 3, 1999 of the National Assembly Standing Committee on Amending and Supplementing Certain Lists of Goods and Services Exempt from Value-Added Tax and the Rate of Value-Added Tax for Certain Goods and Services;
At the proposal of the Minister of Finance,
DECIDES:
Article 1. Projects using non-repayable ODA funds are not subject to value-added tax. In cases where the project owner or main contractor has paid value-added tax in the purchase price of goods and services, the State shall refund that tax amount.
Article 2. For projects using repayable ODA loans that are funded by the State budget without repayment, the project owner or main contractor is entitled to a refund of value-added tax paid upon importation and purchase of domestic goods and services for implementation of the project. The source of the tax refund is the National Value-Added Tax Refund Fund. The amount refunded shall be considered as state budget funding and must be recorded as an increase in investment capital for the project.
Article 3. For projects using ODA funds under a loan mechanism from the State budget (including hybrid ODA projects - non-repayable ODA and repayable ODA, where the non-repayable ODA portion is funded by a separate agreement), the project owner must use domestic funds to pay value-added tax as prescribed by law rather than using ODA funds.
Article 4. This Decision takes effect from the date of issuance.
Project owners or main contractors who have paid value-added tax included in the purchase price of goods and services for project implementation before this Decision comes into force shall also be entitled to a refund according to this Decision's provisions.
Within three days from receipt of complete valid documents, the tax authority must complete the process of refunding value-added tax for project owners or main contractors eligible for refunds as stipulated in Articles 1 and 2 above.
Article 5. The Minister of Finance shall be responsible for guiding the implementation of this Decision.
The Minister, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.
关系图
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