Circular No. 68/2005/TT-BTC provides guidance on the division of value-added tax and corporate income tax between state budgets at various levels from exploration, development, and exploitation activities of oil and gas conducted by subcontractors. This Circular applies to Vietnamese and foreign subcontractors carrying out oil and gas activities as stipulated in the Oil Law.
适用范围
Subcontractors (organizations and individuals defined under the Oil Law) carry out exploration, development, and exploitation activities of oil and gas.
要点
- Subcontractors pay 100% of value-added tax and corporate income tax from oil and gas exploitation activities to the central budget; other activities are divided according to current regulations.
- The contractor (if paying taxes on behalf of the subcontractor) is responsible for declaring and paying taxes.
- Tax authorities guide the declaration process and clearly indicate the budget account on tax payment receipts.
- State Treasury adjusts taxes to state budgets at various levels in accordance with the State Budget Law.
- This Circular takes effect fifteen days after its publication in the Official Gazette.
🌐 本文件的社会影响
- Positive impact: Ensures correct and full tax collection from oil and gas activities, increasing budget resources for the central government and local levels.
- Negative impact: May impose additional costs related to tax declaration procedures on subcontractors.
❓ 常见问题
What percentage of value-added tax does a subcontractor pay from oil and gas exploitation activities?
100% of value-added tax from oil and gas exploitation activities is allocated to the central budget.
What percentage of corporate income tax must a subcontractor pay from other activities?
Allocation is based on current regulations, which are not specified in this Circular.
Who is responsible for declaring and paying taxes?
The contractor (if paying taxes on behalf of the subcontractor) and the subcontractor both have the responsibility to declare and pay taxes as stipulated in this Circular.
What should the Tax Authority do?
The Tax Authority should guide the declaration process and clearly indicate the budget account on tax payment receipts for the contractor (if paying taxes on behalf of the subcontractor) and the subcontractor.
When does this Circular take effect?
This Circular takes effect fifteen days after its publication in the Official Gazette.
全文
CIRCULAR
Guidelines for the implementation of the division of value-added tax and corporate income tax paid by subcontractors arising from exploration, development, and exploitation activities of oil and gas fields to be allocated between different levels of state budget.
Pursuant to the State Budget Law No. 01/2002/QH11 dated December 16, 2002 and related guiding documents;
Pursuant to the Petroleum Law dated July 6, 1993 and the Law Amending and Supplementing Certain Articles of the Petroleum Law dated June 9, 2000 and related guiding documents;
Pursuant to Government Decree No. 77/2003/NĐ-CP dated July 1, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
The Ministry of Finance hereby provides guidelines for the allocation of value-added tax and corporate income tax paid by subcontractors to the state budget arising from exploration, development, and exploitation activities of oil and gas fields as follows:
Article 1. "Contractor" and "Subcontractor" are organizations or individuals within Vietnam or abroad as defined in Clause 8 and Clause 9, Article 3, Petroleum Law dated July 6, 1993.
Article 2. Direct activities of exploration, development, and exploitation of oil and gas fields by subcontractors are "petroleum activities" as defined in Clause 4, Article 3, Petroleum Law dated July 6, 1993; development activities are defined in Clause 6, Article 4, Government Decree No. 48/2000/NĐ-CP dated September 12, 2000 detailing the implementation of the Petroleum Law, including: Seismic blasting and data processing; seismic interpretation; seabed and geological surveys; well surveying; directional drilling; well logging geophysics; construction of drilling platforms; cementing wells; solid separation, saltwater removal, water treatment; preparation and investment in construction of oil and gas extraction facilities, drilling, installation of equipment; operation of drilling platforms.
This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.
Article 1. The allocation of value-added tax and corporate income tax paid by subcontractors to the state budget arising from exploration, development, and exploitation activities of oil and gas fields among different levels of the state budget shall be carried out as follows:
Article 1.1. For value-added tax and corporate income tax of subcontractors (including both subcontractors who directly declare and pay taxes in Vietnam and those whose taxes are paid by contractors on their behalf) arising from activities specified in Point 2, Section I of this Circular, such taxes shall be paid into the state budget, recorded under Category 03, Item 02 (for oil and gas extraction activities); Category 03, Item 03 (for exploration and development activities), corresponding chapters, sections, sub-sections according to the current state budget classification, and fully allocated to the central government budget.
II. SPECIFIC PROVISIONS
Article 1.2. For value-added tax and corporate income tax of subcontractors arising from activities that are not direct exploration, development, and exploitation of oil and gas fields as specified in Point 2, Section I of this Circular, such taxes shall be paid into the state budget, recorded under corresponding chapters, categories, items, sub-items according to the current state budget classification (excluding the categories and items mentioned in Subpoint 1.1, Article 1, Section II of this Circular) and allocated among different levels of the state budget at the current prescribed percentage rates.
Article 2. Contractors (in cases where they pay taxes on behalf of subcontractors) and subcontractors have the responsibility to declare and pay value-added tax and corporate income tax according to the activities specified in this Circular.
Article 3. Tax authorities have the responsibility to guide contractors (in cases where they pay taxes on behalf of subcontractors) and subcontractors in declaring and clearly recording the state budget classification on tax payment vouchers for each activity specified in Subpoints 1.1 and 1.2, Article 1, Section II of this Circular.
Article 4. The State Treasury shall allocate funds to different levels of the state budget based on tax payment vouchers submitted by contractors (in cases where they pay taxes on behalf of subcontractors) and subcontractors, in accordance with the provisions of the State Budget Law, related implementing documents, and the provisions of this Circular.
This Circular takes effect fifteen days after its publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Finance for review and appropriate amendments./.
4. The State Treasury shall base on tax payment vouchers to the State budget of the contractor (in the case of tax payment on behalf of subcontractors), and the subcontractors, to adjust for the budgets at all levels in accordance with the provisions of the State Budget Law, guiding documents for the implementation of the State Budget Law, and the provisions of this Circular.
III. IMPLEMENTATION PROVISIONS
This Circular takes effect fifteen days after its publication in the Official Gazette. During the implementation period, any difficulties should be reported to the Ministry of Finance for consideration and appropriate amendment./.
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DEPUTY MINISTER DEPUTY MINISTER (Signed)
TRAN VAN TA |
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