Joint Circular No. 43/2005/TTLT/BTC-BQP guiding the implementation of tax policies and state budget revenue from the production and business activities of goods and services by units under the Ministry of National Defense.

JOINT CIRCULAR

Circular No. 43/2005/TTLT/BTC-BQP of the Ministry of Finance - Ministry of National Defense dated June 2, 2005 guiding the implementation of tax policies and budget revenues for the production and business activities of goods and services of units under the Ministry of National Defense.

ngày 02 tháng 6 năm 2005 Directive on the Implementation of Tax Policies and State Budget Revenue for the Production and Business Activities of Goods and Services of Units under the Ministry of National Defence

The State budget for the production and business activities of goods and services of units under the Ministry of National Defense

||| The State budget for the production and business activities of goods and services of units under the Ministry of National Defense

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Pursuant to current Tax Laws, Ordinances, and the State Budget Law;

Pursuant to the State Enterprise Law dated December 10, 2003;

Based on Decree No. 10/2004/NĐ-CP dated January 7, 2004 of the Government on Management and Use of State Budget and Assets for Certain Activities in the National Defense and Security Sectors;

Based on Decree No. 31/2005/NĐ-CP of the Government dated March 11, 2005 on the production and supply of public goods and services.

To suit the specific characteristics of the production and business activities of units under the Ministry of National Defense, the Ministry of Finance and the Ministry of National Defense provide detailed guidance on the implementation of tax policies for units under the Ministry of National Defense that engage in production and business activities of goods and services as follows:

I. APPLICABLE OBJECTS:

The taxpayers applying this Circular are units under the Ministry of National Defense that engage in production and business activities of goods and services, including: State-owned enterprises (including defense companies); Administrative and service units utilizing material and technical facilities, labor with production and supply of public goods and services and other products, goods, and services.

II. TAX DECLARATION, PAYMENT AND SETTLEMENT:

1. Production and business units under the Ministry of National Defense (excluding defense companies according to the decision of the Ministry of National Defense specified for each period) shall implement tax declaration, payment of all tax and other revenue items (such as business registration tax, value-added tax, special consumption tax, corporate income tax, fees, and charges...) into the State Budget and perform tax settlement with the tax authority according to the current guiding documents of the Ministry of Finance implementing the Tax Laws, Tax Ordinances, and current regulations on fees, charges, and State Budget revenues.

To declare and pay fully all tax and other revenue items (such as business registration tax, value-added tax, special consumption tax, corporate income tax, fees, and charges...) into the State Budget and to settle tax accounts with the tax authority in accordance with the current guiding documents of the Ministry of Finance regarding the implementation of the Tax Laws, Tax Ordinances, and current regulations on fees, charges, and State Budget revenue.

2. For defense companies:

Tax declaration, payment, and settlement shall be carried out as follows:

a) Register, declare, and pay all tax and other revenue items (except corporate income tax) from the production and supply of public goods and services and other production and business activities into the State Budget; Defense companies are exempted from land rental fees, land use fees, and land use taxes for the area necessary for direct national defense purposes. In cases where defense companies use part of the land allocated by competent authorities for direct national defense and security purposes for other production and business activities, they must declare and pay land rental fees, land use fees, and land use taxes for the area used for such business activities according to current laws.

Settle taxes with tax authorities according to current documents issued by the Ministry of Finance implementing Tax Laws, Tax Ordinances, and current State Budget Revenue Laws.

b) Declare and pay corporate income tax: Quarterly during the planning period, defense companies generating income from the production and supply of public goods and services and income from other production and business activities shall self-determine the amount of corporate income tax payable and remit it to the account of the Ministry of National Defense opened at the State Treasury in Hanoi. At year-end, defense companies settle corporate income tax from the production and supply of public goods and services and corporate income tax from other production and business activities with the Ministry of National Defense according to the prescribed regulations. Based on the settlement of defense companies, the Ministry of National Defense determines the official amount to be paid into the Central State Budget and remits it to the Central State Budget.

c) Annually, the Ministry of National Defense is responsible for coordinating with the Ministry of Finance (General Department of Taxation) to regularly monitor, inspect, and urge defense companies to comply with tax declarations, payments, and settlements of corporate income tax arising from the production and supply of public goods and services and corporate income tax from other production and business activities according to current regulations.

III. IMPLEMENTATION:

This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During the implementation process, if there are difficulties or obstacles, units are requested to promptly report to the Ministry of Finance and the Ministry of National Defense for research and resolution.