This circular guides the recording of import tax and VAT for imported goods serving projects using concessional ODA loans or state budget funds, upon the Government's opinion. Project sponsors must complete the necessary documentation and submit it to the Ministry of Finance to proceed with the procedures.
적용 범위
Project sponsors - Provincial Departments of Finance and Prices - Investment Development Bureaus of provinces/cities - General Department of Investment Development
핵심 사항
- Project sponsors → complete the necessary documentation and submit it to the Ministry of Finance for verification of the legality and compliance of the documents in the file and to record the tax collection and expenditure for the project.
- Provincial Departments of Finance and Prices, Investment Development Bureaus of provinces/cities → base on the vouchers transferred from the State Budget Department to account according to regulations.
- Project sponsors → collect all relevant documents and send them to the Ministry of Finance; account and settle the expenses according to current regulations.
- Entrusted import units for the project → cooperate with project sponsors to provide all necessary documents, responsible for the legal validity of the provided documents. Account for sales revenue and expense payment of taxes to the state budget according to regulations.
- The General Customs Department → instructs local Customs Bureaus to consider allowing enterprises importing goods for projects to quickly receive the goods without enforcement.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing administrative burden and implementation time for project sponsors.
- Negative impact: Increasing legal costs and legal responsibility for related units.
❓ 자주 묻는 질문
What documents do project sponsors need to prepare?
Project sponsors need to prepare the Decision approving the feasibility study of the project, the Government's letter agreeing to record import tax and VAT (if applicable), the request letter from the provincial People's Committee or the managing agency, the sponsor's request letter, the foreign contract and entrusted import contract, commercial invoices, customs declaration for imported goods for the project, and the tax payment notice from the Customs authority.
What responsibilities does the Provincial Department of Finance and Prices have during this process?
Provincial Departments of Finance and Prices base on the vouchers transferred from the State Budget Department to account according to current regulations.
What should project sponsors do after submitting the documents to the Ministry of Finance?
Project sponsors need to collect all relevant documents, account and settle the expenses according to current regulations.
What responsibilities does the entrusted import unit for the project have?
The entrusted import unit for the project needs to cooperate with the project sponsor to provide all necessary documents, be responsible for the legal validity of the provided documents, and account for sales revenue and expense payment of taxes to the state budget according to regulations.
What requirements does the General Customs Department have for local Customs Bureaus?
The General Customs Department instructs local Customs Bureaus to consider allowing enterprises importing goods for projects to quickly receive the goods without enforcement.
전문
LETTER
OF THE MINISTRY OF FINANCE NO. 4102TC/TCT ON AUGUST 19, 1999
REGARDING THE RECORDING OF IMPORT TAX AND VAT PAYMENTS FOR IMPORTED GOODS FOR PROJECTS
IMPORTED GOODS FOR PROJECTS
Respectfully submitted to: ||| MINISTRIES, GOVERNMENT-LEVEL AGENCIES, GOVERNMENT-AFFILIATED AGENCIES
- Provincial People's Committees, municipal people's committees under direct central jurisdiction
- Provincial Tax Departments, Provincial Departments of Finance and Prices, Customs Departments, Investment Departments of provinces and centrally governed cities
DEVELOPMENT OF PROVINCES AND CITIES UNDER THE CENTRAL GOVERNMENT
To facilitate the recording of corresponding capital for projects using concessional ODA loans and state budget funds, when the Government has officially approved the recording of import tax and VAT (if applicable) for imported goods for each project, the Ministry of Finance provides specific guidance as follows:
1. Documentation and procedures for recording payments:
We request project sponsors to complete the necessary documentation and submit it to the Ministry of Finance (State Budget Department) for verification of the legality and validity of the documents and to proceed with the recording of payments for the project. The documentation includes:
+ Prime Minister's Decision or decision from the competent authority approving the feasibility study of the project (only submitted once for the initial request for recording payments).
+ Government letter agreeing to record import tax and VAT (if applicable) for imported goods for the project.
+ Proposal from the provincial People's Committee or the project's supervising agency sent to the Ministry of Finance along with the list of imported goods for the project.
+ Proposal from the project sponsor sent to the Provincial Department of Finance and Prices detailing the quantity and value of equipment and means of transport imported for the project; the amount of tax proposed for recording; the name of the entrusted importing entity.
+ Copy of the foreign trade contract between the importing entity and the supplier (certified copy)
+ Copy of the entrustment import contract (certified copy)
+ Copy of the commercial invoice (certified copy)
+ Copy of the customs declaration for imported goods for the project (certified copy)
+ Notification of tax payment issued by the customs authority (certified copy)
2. Responsibilities of related entities during the process of recording payments:
- Provincial Departments of Finance and Prices, Investment Departments of provinces and centrally governed cities, General Department of Investment Development shall base their accounting entries on the vouchers transferred by the State Budget Department of the Ministry of Finance in accordance with current regulations.
- Project sponsors permitted to record import tax and VAT (if applicable) are responsible for collecting all relevant documents and submitting them to the Ministry of Finance; they must account for and settle the expenses according to current regulations.
- Entrusted importing entity: cooperate with the project sponsor to provide all relevant documents and be responsible for the legal validity of the provided documents. Record sales revenue and pay taxes to the state budget as prescribed.
3. We request the General Customs Department to instruct local Customs Departments to consider imported consignments for projects utilizing concessional ODA loans or state budget funds, where the Government has agreed in writing but the recording has not yet been implemented, to allow the importing enterprise serving the project to quickly receive the goods without enforcement against the importing entity for the project, and the project sponsor must register with the customs authority and complete the tax procedures within the specified timeframe. ODA OR STATE BUDGET FUNDS WHEN THE GOVERNMENT HAS ISSUED A WRITTEN AGREEMENT TO RECORD INCOME AND EXPENSES BUT SUCH RECORDING HAS NOT YET BEEN IMPLEMENTED, THEN A REQUEST SHOULD BE SUBMITTED TO PERMIT ENTERPRISES TO QUICKLY RECEIVE GOODS FOR PROJECT USE WITHOUT ENFORCEMENT AGAINST THE IMPORTING UNIT FOR THE PROJECT, AND THE PROJECT OWNER MUST SUBMIT A REGISTRATION LETTER TO THE CUSTOMS AUTHORITY AND COMPLETE THE TAX PROCEDURES ON SCHEDULE.
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