Circular No. 42/TC-TCT guiding additional provisions of Circular No. 19 TC/TCT dated March 16, 1995 on stamp duty

CIRCULAR

OF THE MINISTRY OF FINANCE NUMBER 42/TC/TCT ON JUNE 1, 1995GUIDING SUPPLEMENTARY

TO CIRCULAR NO. 19 TC/TCTDATED MARCH 16, 1995 ON PRE-REGISTRATION FEES

Implementing Decree No. 193/CP dated December 29, 1994 of the Government on pre-registration fees, the Ministry of Finance issued Circular No. 19 TC/TCT dated March 16, 1995 to guide implementation;

After a period of implementation and to align with the provisions of the Ordinance on Rights and Exemptions from Taxes for Diplomatic Missions, Consular Offices, and Representative Offices of International Organizations in Vietnam;

The Ministry of Finance supplements Circular No. 19 TC/TCT dated March 16, 1995 on collecting pre-registration fees as follows:

1. Supplement paragraph d, point 3, section I of Circular No. 19 TC/TCT regarding the exemption from pre-registration fees for foreign organizations and individuals eligible for benefits and exemptions who register ownership or usage rights for various types of automobiles and motorcycles bearing NG (Diplomatic) license plates, including:

a. Diplomatic Missions, Consular Offices;

b. Representative Offices of international organizations under the United Nations system in Vietnam (as listed in the attached document);

c. Diplomatic and consular officials, heads and deputies of representative offices of international organizations mentioned in paragraph b of this point (including those registered and issued diplomatic identification cards by the Ministry of Foreign Affairs, provincial and municipal Foreign Affairs Departments).

The entities exempted from paying pre-registration fees as supplemented in this point must have confirmation from the Ministry of Foreign Affairs (Department of Diplomatic Services) or provincial and municipal Foreign Affairs Departments regarding their registration of NG (Diplomatic) license plates before proceeding with the declaration procedures stipulated in point 1, section III of Circular No. 19 TC/TCT dated March 16, 1995.

As for foreign representative offices and representative offices of other international organizations (excluding the aforementioned entities exempt from pre-registration fees), the pre-registration fees shall be implemented according to agreements signed or joined by the Government of Vietnam.

2. The provision at paragraph a, point 1, section II of Circular No. 19 TC/TCT dated March 16, 1995 regarding the value of land subject to pre-registration fees for: "In cases where land is received through auction or together with the purchase of state-owned property, the pre-registration fee value remains as prescribed by the People's Committee of the province or city," is supplemented and amended as follows: In cases where land is received through auction, the pre-registration fee value is the winning bid price, but it must be no less than the price prescribed by the People's Committee of the province or city. For other cases of receiving land (transfer, assignment...), if the actual value of the land recorded on the pre-registration fee declaration form of the payer or on the invoice is higher than the price prescribed by the People's Committee of the province or city, then the land value for the pre-registration fee is the actual value recorded on the declaration form or on the invoice.

3. Supplement point 1, section IV of Circular No. 19 TC/TCT on handling violations as follows: Additionally, if organizations or individuals fail to declare according to the provisions at paragraph a, point 1, section II of Circular No. 19 TC/TCT, they will also be penalized according to the provisions at point 1, section II of Circular No. 11 TC/TCT dated February 24, 1993 of the Ministry of Finance guiding the implementation of Decree No. 01/CP dated December 18, 1992 of the Government on administrative penalties for violations in the tax sector.

Penalties in this case will be enforced from the date Circular No. 19 TC/TCT takes effect. For cases of receiving assets prior to December 31, 1994, if not declared, the deadline for late declaration will be calculated from January 1, 1995 onwards.

4. This circular takes effect from the date of issuance. Previous regulations contrary to this circular are hereby abolished. During implementation, if there are any difficulties, please promptly report them to the Ministry of Finance for further guidance and supplementation.

During implementation, if there are any difficulties, please promptly report them to the Ministry of Finance for further guidance and supplementation.

LIST

REPRESENTATIVE OFFICES OF INTERNATIONAL ORGANIZATIONS UNDER THE UNITED NATIONS SYSTEM AND REPRESENTATIVE OFFICES OF INTERNATIONAL ORGANIZATIONS OUTSIDE THE UNITED NATIONS SYSTEM IN VIETNAM

(Attached to Circular No. 42 TC/TCT dated June 1, 1995 of the Ministry of Finance)

1. Office of the United Nations High Commissioner for Refugees (UNHCR);

2. United Nations Development Programme (UNDP);

3. Food and Agriculture Organization of the United Nations (FAO);

4. World Health Organization (WHO);

5. World Food Programme (WFP);

6. United Nations Children's Fund (UNICEF);

7. United Nations Industrial Development Organization (UNIDO);

8. United Nations Population Fund (UNFPA);

9. International Monetary Fund (IMF);

10. World Bank (WB);

11. International Organization for Migration (IOM);

12. Technical Cooperation Agency of the Community of French-Speaking Countries in Asia-Pacific (ACCT).