Circular No. 316/2016/TT-BTC guiding the collection of regulated revenue for gasoline products produced, processed, and consumed domestically by PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited according to the provisions of Prime Minister's Decision No. 1752/QĐ-TTg.
적용 범위
PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited
핵심 사항
- PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited must declare and pay the regulated revenue into the state budget for domestically consumed gasoline products (including internal consumption) according to Article 1.
- The actual monthly gasoline consumption volume is determined by the total actual domestic consumption volume of gasoline products, with the regulated revenue collection rate being 10% (Article 3).
- The regulated revenue payable to the state budget when selling domestically produced and processed gasoline products by PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited shall be recorded under Chapter 121, Section 4900, Subsection 4908 (Article 5).
- PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited has the obligation to self-declare and pay the monthly regulated revenue and settle accounts annually with the tax authority according to the declaration form issued together with this Circular (Article 7).
- This Circular does not apply to gasoline products exported or entrusted for export by PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited (Article 2).
🌐 이 문서의 사회적 영향
- PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited must comply with the regulations on declaring and paying the regulated revenue into the state budget, contributing to the state budget revenue.
- Domestic consumers are not affected by this regulated revenue collection because the gasoline sales price is still determined based on market conditions.
- PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited may face financial management difficulties due to the need to implement additional declaration and tax payment procedures.
❓ 자주 묻는 질문
Which gasoline products are subject to regulated revenue collection?
Gasoline R92, R95, and E5 produced, processed, and consumed domestically by PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited.
What is the regulated revenue collection rate?
The regulated revenue collection rate is 10%.
Does PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited have to declare and pay the monthly regulated revenue?
Yes, PetroVietnam Thanhhoa Fertilizer and Chemical Corporation Limited must self-declare and pay the monthly regulated revenue to the tax authority according to the declaration form issued together with this Circular.
When does this Circular take effect?
This Circular takes effect from the date when Prime Minister's Decision No. 1725/QĐ-TTg takes effect, which is September 3, 2016.
전문
CIRCULAR
GUIDELINES FOR IMPLEMENTING CERTAIN FINANCIAL MECHANISMS OF THE STATE CAPITAL JOINT STOCK COMPANY BÌNH SƠN OIL REFINERY ACCORDING TO DECISION NO. 1752/QĐ-TTG OF SEPTEMBER 3, 2016
Pursuant to the Law on Export Duties and Import Duties No. 107/2016/QH13No. dated November 29, 2016 day 06/04/2016;
WHEREAS,ứ The Law on Tax Administration No. 78/2006/QH11 energydated November 29, 2006, the Law Amending Certain Provisions of the Law on Tax Administration, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonu of Law on Management of Revenue Collectionpolicies "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."No. 21/2012/QH 13 amending and supplementing certain articles of the Law on Tax Administration;13 ngayy No. 106/2016/QH131dated April 6, 2016 amending certain provisions of the Law on Value Added Tax, the Law on Special Consumption Tax, and the Law on Tax Administration, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to the Law on Public Investment dated November 29, 2024;No. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonu of Law on Revenue Collectionpolicies gia tri gia tang, Law on Revenuepolicies tieu thu dac biet and Law Manage reason thupolicies; Law Amend, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to the Law on Public Investment dated November 29, 2024;No. the Law Amending Certain Provisions of the Laws on Taxation No. 71/2014/QH13No. dated November 26, 2014 day 26/11/2014;
Pursuant to DecreeNo. 215/201Decree No. 23/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
CamendPursuant to Decision đNo.No. 1725/QĐ-TTg dated September 3, 2016 of the Government amending certain provisions of Decision No."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."952/QĐ-TTg, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPdated July 26, 2012 of the Prime Minister regarding certain financial mechanisms of the State Capital Joint Stock Company BÌNH SƠN OIL REFINERY;No. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonu Quypoliciest dinh sNo. 952/QD-TTg dated July 26, 2012 of the Prime Minister concerning certain financial mechanisms of the State Capital Joint Stock Company BÌNH SƠN OIL REFINERY;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phu về một number co che tai c Qu"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh of Joint Stock Company State Capital Limited PetroVietnam Oil Refining and Petrochemical Corporation (PV OIL);
At the proposal of the Director of the Department of Tax Policy,"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."the Minister of Finance issues this Circular guiding the implementation of the adjustment revenue collection for gasoline products (including R92, R95, and E5) produced, processed, and consumed domestically (including internal consumption) of the State Capital Joint Stock Company BÌNH SƠN OIL REFINERY (hereinafter referred to as BÌNH SƠN OIL REFINERY Company).policies,
Article 1. Scope of Regulation, Object, and Revenue PayeronThis Circular guides the implementation of the adjustment revenue collection for gasoline products as specified in Clause 1 of this Article, produced, processed, and consumed domestically (including internal consumption) of the State Capital Joint Stock Company BÌNH SƠN OIL REFINERY (hereinafter referred to as BÌNH SƠN OIL REFINERY Company).policiest đNo.The object of the adjustment revenue collection is the gasoline products as specified in Clause 1 of this Article.rime Minister cThe BÌNH SƠN OIL REFINERY Company is responsible for declaring and paying the adjustment revenue as specified in this Article into the state budget.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.Article 2. Objects and Documents for Determining Non-Adjustment Revenue CollectionNo. 1. Gasoline products produced by the BÌNH SƠN OIL REFINERY Company for export or entrusted export. 2. Gasoline products produced by the BÌNH SƠN OIL REFINERY Company sold to authorized traders according to Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on the business of petroleum products and other enterprises permitted to purchase gasoline products from the BÌNH SƠN OIL REFINERY Company for export in accordance with the law.
3. Documents serving as the basis for determining non-adjustment revenue collection for the cases specified in Clauses 1 and 2 of this Article include:
a. Approval document of the competent state agency (Ministry of Industry and Trade) regarding permission for exporting gasoline products (if applicable).
b. Export contracts; entrusted export contracts for entrusted export cases; export contracts of authorized traders and enterprises specified in Clause 2 of this Article signed with foreign companies (in cases of export through authorized traders and enterprises permitted to purchase gasoline products from the BÌNH SƠN OIL REFINERY Company for export in accordance with the law).
c. Bank payment documents for exported goods and other documents as prescribed by law.
d. Customs declaration forms for exported goods.
In cases where the BÌNH SƠN OIL REFINERY Company does not directly export, each quarter, authorized traders and enterprises permitted to purchase gasoline products from the BÌNH SƠN OIL REFINERY Company for export in accordance with the law shall be responsible for sending copies of the documents specified in this clause to the BÌNH SƠN OIL REFINERY Company for monitoring and management when declaring provisional payment of the adjustment revenue.
2. Products of gasoline produced by PV OIL sold to trading enterprises in accordance with Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on business of petroleum and other enterprises permitted to purchase gasoline products from PV OIL for export in accordance with the provisions of the law.
3. Documents serving as basis for determining non-collection of regulated revenue in cases provided for in Clause 1, Clause 2 of this Article include:
a. Approval document of competent state agency (Ministry of Industry and Trade) regarding permission for export of gasoline products (if any).
b. Export contract; export agency contract in case of agency export; export contract of trading enterprises and enterprises specified in Clause 2 of this Article signed with foreign companies (in case of export through trading enterprises and enterprises permitted to purchase gasoline products from PV OIL for export in accordance with the provisions of the law).
c. Payment document through bank for exported goods and other documents as prescribed by law.
d. Customs declaration for exported goods.
In case PV OIL does not directly export, quarterly trading enterprises and enterprises permitted to purchase gasoline products from PV OIL for export in accordance with the provisions of the law shall be responsible for sending copies of the documents mentioned in this clause to PV OIL for monitoring and management when declaring provisional payment of regulated revenue.
Article 3. Basis for Collection Adjustment
The basis for calculating the collection adjustment when consuming domestically (including internal consumption) gasoline products as stipulated in Article 1 of this Circular of Company Binh Son shall be determined by multiplying the actual monthly gasoline consumption volume with the adjusted collection price and then multiplying it by the collection adjustment ratio. In which:
1. The actual monthly gasoline consumption volume is the total domestic consumption volume (including internal consumption) of gasoline products in the month. For E5 gasoline (blended from 95% RON92 gasoline mixed with 5% E100), the actual monthly consumption volume is determined by multiplying the actual monthly E5 gasoline consumption volume by 95%.
2. The adjusted collection price is the selling price based on the Platt's Singapore price plus market surcharges according to the consumption product contract of Company Binh Son, excluding the collection adjustment amount and other taxes and fees payable to the state budget (if applicable).
3. The exchange rate for conversion shall be applied according to the VND/USD selling rate (end-of-day rate) published by the Vietnam Joint Stock Commercial Bank for Foreign Trade on the day the Platt's price is calculated for the shipment.
4. The collection adjustment ratio is 10%.
Article 4. Currency for Payment of Collection Adjustment
The currency for payment of the collection adjustment is the Vietnamese Dong.
Article 5. Adjustment and Budget Accounting
1. The collection adjustment amount for gasoline products as prescribed in this Circular is a revenue belonging to the state budget, which is fully allocated to the central budget.
2. When paying the collection adjustment amount for gasoline products as prescribed in this Circular, Company Binh Son records it under Chapter 121, Section 4900, Subsection 4908.
Article 6. Accounting Treatment
The collection adjustment amount payable to the state budget upon consumption of gasoline produced and processed for sale by Company Binh Son as stipulated in this Circular is a deductible expense when determining the taxable income for corporate income tax purposes in the tax period.
The accounting for specific transactions that Company Binh Son implements is as follows:
+ When determining the amount payable to the state budget for the collection adjustment, record:
Debit Account 632 - Cost of Goods Sold
Credit Account 3339 - Fees, Taxes and Other Payments Due
+ When paying money into the state budget, record:
Debit Account 3339 - Fees, Taxes and Other Payments Due
Credit Account 112 - Bank Deposits
Article 7. Declaration, Collection, Settlement of Collection Adjustment Amount
On a monthly basis, Company Binh Son has the obligation to declare and pay the collection adjustment amount to the state budget to the tax authority using the declaration form for the collection adjustment amount number 01 issued together with this Circular.
Company Binh Son has the obligation to settle the annual collection and payment of the collection adjustment amount with the tax authority using the declaration form for the settlement of the collection adjustment amount number 02 issued together with this Circular (there is no need to submit the Invoice Detail List for goods and services sold subject to the collection adjustment amount when preparing the declaration, collection, and settlement forms for the collection adjustment amount).
The deadline for declaring and paying the monthly collection adjustment amount to the state budget shall be implemented according to the current regulations on the deadline for submitting value-added tax and special consumption tax declaration forms.
The deadline for annual declaration and settlement shall be implemented according to the current regulations on the deadline for settling corporate income tax.
Article 8. Implementation organization
1. This Circular takes effect from the date the Prime Minister's Decision No. 1725/QD-TTg dated September 3, 2016 comes into force. From September 3, 2016, if Company Binh Son has declared and paid the collection adjustment amount to the state budget differently from the guidance provided in this Circular, the company must declare and pay according to the guidance in this Circular.
2. As of January 1, 2017, the provisions regarding the collection adjustment for gasoline products produced and processed for domestic consumption (including internal consumption) as stipulated in this Circular shall be abolished.
3. This Circular replaces Circulars No. 24/2013/TT-BTC dated March 1, 2013 and No. 177/2013/TT-BTC dated November 29, 2013 of the Ministry of Finance.
4. During implementation, if there are any difficulties, organizations and individuals related to this matter are requested to promptly report to the Ministry of Finance for appropriate amendments and supplements.
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