Circular No. 58/1998/TT-BTC supplements and amends Circular No. 19-TC/TCT dated March 16, 1995 of the Ministry of Finance guiding the implementation of Decree No. 193/CP dated December 29, 1994 of the Government on stamp duty.

CIRCULAR

DIRECTIVE NO. 58/1998/TT-BTC OF THE MINISTRY OF FINANCE ON MAY 11, 1998 GUIDING THE COMPLEMENTATION AND AMENDMENT OF CIRCULAR NO. 19 TC/TCT OF MARCH 16, 1995 OF THE MINISTRY OF FINANCE ON IMPLEMENTATION
DECREE NO. 193/CP OF DECEMBER 29, 1994 OF THE GOVERNMENT ON PREMIUM TAX
REGARDING PREMIUM TAX

Pursuant to Decree No. 193/CP dated December 19, 1994 of the Government on premium tax;

Pursuant to Circular No. 197/CP-KTN dated February 25, 1998 of the Government on exemption from premium tax for houses and land of administrative and public service agencies;

The Ministry of Finance guides the amendment and supplementation of Circular No. 19 TC/TCT dated March 16, 1995 as follows:

1. Supplementing Point guiding the implementation of Circular No. 197/CP-KTN dated February 25, 1998 of the Government into Section I of Circular No. 19 TC/TCT dated March 16, 1995 of the Ministry of Finance as follows:

a. Exempting premium tax for houses and land serving as offices of administrative and public service agencies when such agencies obtain certificates of ownership of houses and rights to use land from competent state management authorities according to the Regulation on Management and Use of Offices of Administrative and Public Service Agencies (Annexed to Decision No. 399 TC/QLCS dated May 17, 1995 of the Minister of Finance).

- Administrative and public service agencies eligible for exemption from premium tax when registering ownership of houses and rights to use land as offices include state administrative and public service agencies, state judicial agencies, armed forces units, political organizations, political-social organizations, social-professional organizations directly funded by the state budget for their operations.

- For houses and land serving as offices of Party agencies that have been recognized and transferred ownership and rights to use by the state according to Circular No. 82 TC/VI dated November 11, 1995 of the Ministry of Finance on payment of premium tax for assets of the Party recognized by the state and transferred ownership and use according to Decision No. 248/CT dated July 2, 1992 of the Chairman of the Council of Ministers (now Prime Minister), they are not subject to this Circular.

b. Houses and land serving as offices eligible for exemption from premium tax are those types of houses and land specified in Point 1, Section I of Circular No. 45 TC/QLCS dated June 14, 1995 of the Ministry of Finance guiding the implementation of the Regulation on Management of Offices of Administrative and Public Service Agencies. Other types of houses and land of administrative and public service agencies outside the provisions of Point 1, Section I of Circular No. 45 TC/QLCS are not eligible for exemption from premium tax when registering ownership and rights to use with state management authorities.

c. Administrative and public service agencies located in a locality shall be responsible for declaring and paying premium tax to the tax authority in that locality before registering houses and land with the competent state authority. Documents and materials to serve as basis for exemption from premium tax for houses and land, attached to the premium tax declaration form, in addition to the provisions already guided in Circular No. 19 TC/TCT dated March 16, 1995 of the Ministry of Finance, shall also be implemented according to Point 1, Section II of Circular No. 45 TC/QLCS dated June 14, 1995 of the Ministry of Finance.

d. For houses and land serving as offices of administrative and public service agencies that have declared and paid premium tax into the state budget before this Circular takes effect, refunds of the amount of premium tax paid will not be granted. The amount of premium tax paid will be settled with the state budget according to the prescribed regulations.

2. Supplementing Clause 2a, Section III of Circular No. 19 TC/TCT dated March 16, 1995 of the Ministry of Finance to provide that for assets being cars and motorcycles belonging to units under the Ministry of Defense registered at the Motor Vehicle Management Bureau - General Technical Department - Ministry of Defense or at the Ministry of Interior (Traffic Police Corps) according to Joint Circular No. 2552 TTLB/NV-QP dated December 27, 1995 of the Ministry of Interior and Ministry of Defense on implementing Decree No. 36/CP dated December 27, 1995 of the Government, these units must declare and pay premium tax to the provincial or centrally-administered city tax bureau where the unit is located before registering ownership and rights to use.

Due to the special nature of the registration management of cars and motorcycles applicable to units under the Ministry of Defense, procedures and valid documents related to the calculation of premium tax, in addition to current regulations, shall be implemented according to the guidance in Joint Circular No. 2552 TTLB/NV-QP dated December 27, 1995 of the Ministry of Interior and Ministry of Defense.

3. Replacing the two forms of premium tax declaration attached to Circular No. 19 TC/TCT dated March 16, 1995 of the Ministry of Finance with the two forms of premium tax declaration annexed to this Circular.

4. This Circular shall take effect fifteen days from the date of signature. Other provisions regarding premium tax not mentioned in this Circular shall be implemented according to the current guiding documents of the Ministry of Finance.

In the course of implementation, if there are difficulties, please promptly report to the Ministry of Finance for supplementary guidance.

PREMIUM TAX DECLARATION FORM

(FOR REAL ESTATE ASSETS)

PREMIUM TAX DECLARATION FORM

(FOR MOTOR VEHICLES, MOTORCYCLES, BOATS...)