Circular No. 740-TC/TCT regarding guidance on implementing Decision No. 1417-TC/TCĐN dated December 31, 1994 of the Minister of Finance.

LETTER

OF THE MINISTRY OF FINANCE NO. 740 TC/TCT DATE: APRIL 1, 1995
REGARDING GUIDELINES FOR IMPLEMENTATION OF DECISION No. 1417-TC/TCĐN
DATED DECEMBER 31, 1994 BY THE MINISTER OF FINANCE

TO: PROVINCES' TAX BUREAUS,

FOLLOWING Decision No. 1417 TC/TCĐN dated December 31, 1994 of the Minister of Finance regarding rental fees for land, water surfaces, and sea areas for foreign investment projects in Vietnam; the Ministry of Finance provides additional guidelines as follows:

1\. For projects licensed before January 1, 1995.

According to Clause 3, Article 11 of Decision No. 1417-TC/TCĐN dated December 31, 1994 by the Minister of Finance, foreign-invested enterprises that have been granted investment licenses before January 1, 1995 shall pay rental fees for land, water surfaces, and sea areas according to the rates specified in their investment license issued by the State Committee on Cooperation and Investment. For projects where the investment license does not clearly specify the rental fee rate, they shall implement payment of land rent according to Clause 3, Section III of Circular No. 50-TC/TC ĐN dated July 3, 1993 by the Ministry of Finance.

In cases where foreign-invested enterprises lease premises, factories, and offices from Vietnamese businesses or individuals (areas not included in the Economic and Technical Justification and not recorded in the investment license) due to business needs, they shall be handled as follows:

- Foreign-invested enterprises leasing premises, factories, and offices must pay all rental fees for land accruing before January 1, 1995 into the State budget. The rental fee rate is determined according to Circular No. 50-TC/TC ĐN of the Ministry of Finance.

- Starting from January 1, 1995, the collection of rental fees for land by foreign-invested enterprises will be based on lease contracts signed with land management authorities in cases where they lease land from the Vietnamese State as stipulated in Decision No. 1417-TC/TC ĐN dated December 31, 1994 by the Minister of Finance. In cases where foreign-invested enterprises sublease land, factories, or offices to businesses permitted to operate infrastructure facilities or lease houses and offices from Vietnamese organizations or individuals with leasing functions that are not State land management authorities, foreign-invested enterprises do not have to pay rental fees for land but only need to pay according to the lease contract signed with the lessor.

2\. For projects licensed on or after January 1, 1995, foreign-invested enterprises shall pay rental fees for land according to the rates specified in Decision No. 1417-TC/TC ĐN of the Minister of Finance (specifically determined in the Investment License and Lease Contract signed between the land management authority and the enterprise).

3\. For cases where the lessee falls under the exemption or reduction provisions stipulated in Clause 2, Section I of Circular No. 50 TC/TC ĐN dated July 3, 1993 and Article 7 of Decision No. 1417 TC/TC ĐN dated December 31, 1994 by the Minister of Finance but not specifically determined in the Lease Contract, the Provinces' Tax Bureaus are authorized to inspect, determine the rental amount and exemption period according to regulations, and notify the lessee. The Provinces' Tax Bureaus shall base their determination on the Economic and Technical Justification, Construction Contracts, and Handover Certificates for each project component.

During the process of managing the collection of land rental fees from foreign-invested enterprises, if any issues arise or suggestions are made, units should promptly report to the Ministry of Finance for specific guidance.