Decree No. 80/2008/ND-CP amending and supplementing certain articles of Decree No. 176/1999/ND-CP dated December 21, 1999, and Decree No. 47/2003/ND-CP dated May 12, 2003, of the Government on stamp duty.

DECREE

Amending and supplementing certain articles of Decree No. 176/1999/NĐ-CP dated December 21, 1999 and Decree No. 47/2003/NĐ-CP dated May 12, 2003 of the Government on stamp duty for transfer of property rights

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Ordinance on Fees and Charges dated August 28, 2001;

Considering the proposal of the Minister of Finance,

DECREE:

Article 1. Amending and supplementing certain articles of Decree No. 176/1999/NĐ-CP dated December 21, 1999 and Decree No. 47/2003/NĐ-CP dated May 12, 2003 of the Government on stamp duty for transfer of property rights as follows:

1. Supplementing Article 3a after Article 3 of Decree No. 176/1999/NĐ-CP dated December 21, 1999 of the Government on stamp duty for transfer of property rights as follows:

"Article 3a. Exemption from stamp duty for transfer of property rights applies to: houses and land for residence of poor households; houses and land for residence of ethnic minority people in communes, wards, and towns in difficult areas; inland waterway vessels (including fishing boats) with gross tonnage up to 15 tons or vessels with total engine power up to 15 horsepower or vessels with passenger capacity up to 12 persons."

2. Amending and supplementing Article 1 of Decree No. 47/2003/NĐ-CP dated May 12, 2003 of the Government on amending and supplementing Article 6 of Decree No. 176/1999/NĐ-CP dated December 21, 1999 of the Government on stamp duty for transfer of property rights as follows:

"Article 6. The rate (%) for collecting stamp duty for transfer of property rights is specified as follows:

1. Houses and land at 0.5%

2. Ships and boats at 1%. For distant-sea fishing boats, it is 0.5%

3. Cars, motorcycles, hunting guns, sports guns at 2%. Specifically:

a) Motorcycles owned by organizations and individuals in centrally-administered cities, provincial cities, and districts where the provincial People's Committee has its headquarters pay stamp duty for transfer of property rights at the first registration at 5%.

b) For motorcycles whose owners have paid stamp duty according to the provisions of point a of this clause and then transferred them to organizations and individuals in areas subject to lower rates of stamp duty, they shall pay stamp duty at a rate of 1%.

In case the owner has declared and paid stamp duty for motorcycles at a rate lower than 5% and then transferred them to organizations and individuals in areas stipulated in point a of this clause, they shall pay stamp duty at a rate of 5%.

c) For motorcycles paying stamp duty from the second registration onwards, the rate is 1%, except for cases stipulated in point b of this clause.

d) Passenger cars with fewer than 10 seats (including the driver) pay stamp duty for transfer of property rights at a rate between 10% and 15%. Based on the regulations on the rate of stamp duty for transfer of property rights in this point, the People's Councils of provinces and centrally-administered cities decide specifically the rate of stamp duty for transfer of property rights for passenger cars with fewer than 10 seats (including the driver) in accordance with the actual conditions of their localities.

4. The maximum amount of stamp duty for transfer of property rights for assets specified in clauses 1, 2, and 3 of this Article is 500 million VND per asset, except for passenger cars with fewer than 10 seats (including the driver). For production and business factories, the calculation includes all factories within the same premises of the production and business facility."

Article 2. This Decree takes effect 15 days after its publication in the Official Gazette.

1. Abolishing Decree No. 47/2003/NĐ-CP dated May 12, 2003 of the Government on amending and supplementing Article 6 of Decree No. 176/1999/NĐ-CP dated December 21, 1999 of the Government on stamp duty for transfer of property rights.

2. For cases where state agencies with authority issue certificates of land use rights or certificates of ownership of houses but have not yet paid or have not fully paid stamp duty for transfer of property rights, they shall pay stamp duty according to the provisions of Article 1 of this Decree.

3. From the date this Decree takes effect, for passenger cars with fewer than 10 seats (including the driver), the rate of stamp duty for transfer of property rights is 10% until the People's Councils of provinces and centrally-administered cities issue rates according to this Decree.

Article 3. The Ministry of Finance shall guide the implementation of this Decree.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.