This Decision suspends the refund of special consumption tax for domestically produced cigarettes with foreign trademarks when exported from July 1, 2007. For cases prior to this date, if they meet the conditions and procedures, they will be considered for tax refund according to regulations.
Scope of application
Domestic cigarette production facilities with foreign trademarks when exporting
Key points
- Domestically produced cigarettes with foreign trademarks will not be refunded special consumption tax from July 1, 2007 (Article 1).
- Exporters must settle accounts with the tax authority regarding the special consumption tax declared and refunded before this date (Article 3).
- Domestically produced cigarettes with foreign trademarks exported before July 1, 2007, if meeting the conditions and procedures as prescribed, will be considered for special consumption tax refund (Article 2).
- This Decision abolishes previous provisions that conflict with the content of this Decision.
- Production facilities must comply with the declaration and refund procedures as stipulated in Circular No. 28/2006/TT-BTC
🌐 Social impact of this document
- Reduce state budget revenue from the export of cigarettes with foreign trademarks.
- Increase costs for enterprises producing and exporting cigarettes with foreign trademarks.
- Importing partners may face financial difficulties due to the lack of special consumption tax refunds.
❓ Frequently asked questions
From which date onward will domestically produced cigarettes with foreign trademarks no longer be eligible for special consumption tax refunds upon export?
From July 1, 2007
What must domestic cigarette production facilities with foreign trademarks do after July 1, 2007?
Must settle accounts with the tax authority regarding the special consumption tax declared and refunded according to Circular No. 28/2006/TT-BTC.
Will domestically produced cigarettes with foreign trademarks exported before July 1, 2007 be eligible for special consumption tax refunds?
Yes, if they meet the conditions and procedures as prescribed in Circular No. 28/2006/TT-BTC.
When does this Decision take effect?
Fifteen days after publication in the Official Gazette.
Full text
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MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 44/2007/QD-BTC |
Hanoi, June 4, 2007 |
Pursuant to …;
Regarding the suspension of value-added tax refunds for domestically produced cigarettes with foreign labels exported
THE MINISTER OF FINANCE
Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 77/2003/ND-CP dated July 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Implementing the guidance of the Prime Minister in Official Letter No. 2240/VPCP-KTTK dated April 27, 2007 of the Government Office regarding the handling of special consumption taxes on cigarettes with foreign labels exported;
Considering the proposal of the Director General of the State Tax Administration;
DECISION:
Article 1Suspension of value-added tax refunds (VATR) according to Circular No. 28/2006/TT-BTC dated April 4, 2006 of the Ministry of Finance for domestically produced cigarettes with foreign labels exported from July 1, 2007.
Article 2For domestically produced cigarettes with foreign labels exported before July 1, 2007 (as declared in the Export Declaration), if they meet all conditions, documents, and procedures stipulated in Circular No. 28/2006/TT-BTC dated April 4, 2006 of the Ministry of Finance, VATR will be considered and processed according to this Decision.
Export enterprises of domestically produced cigarettes with foreign labels must settle accounts with the tax authority regarding the amount of value-added tax declared and refunded according to Circular No. 28/2006/TT-BTC.
Article 3. This Decision takes effect 15 days after its publication in the Official Gazette. All previous regulations contrary to this Decision are abolished.
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- Central Party Committee Office and relevant Party Committees; - National Assembly Office, President's Office; State Audit Office; - Prime Minister, Deputy Prime Ministers; - Supreme People's Procuracy, Supreme People's Court; - Ministries, ministerial-level agencies, and government offices; - Central agencies of mass organizations; - Provincial People's Committees, Departments of Finance, Taxation Bureaus of provinces and centrally-administered cities; - Units under the Ministry of Finance; - Official Gazette; - Legal Document Inspection Department (Ministry of Justice); - Government Portal, Ministry of Finance Portal; - Archive: VT, Policy Control Department, General Department of Taxation {(VT, State-Owned Enterprises.)}; |
DEPUTY MINISTER |
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