This Circular guides the refund of turnover tax for production units exporting goods when purchasing raw materials and selling semi-finished products from other domestic production units. The tax refund is based on the value of raw materials and semi-finished products used in the production of export goods.
Đối tượng áp dụng
Production units exporting goods purchase raw materials and semi-finished products from other domestic production units to produce export goods.
Các điểm cốt lõi
- Those eligible for a refund of turnover tax are direct production units exporting goods that have purchased raw materials and semi-finished products from other domestic production units which have already paid turnover tax.
- The amount of turnover tax refunded is the turnover tax calculated within the price (sales revenue) of raw materials and semi-finished products used by the production unit in producing export goods.
- Export production units must separately account for sales revenue of raw materials and semi-finished products purchased from other domestic production units to determine the amount of turnover tax to be refunded.
- The time limit for processing the tax refund is 15 days from the date all necessary documents are received, which may be extended up to 30 days if verification is required.
- The provincial Tax Authority will process and issue a decision on the tax refund, after which the State Treasury will make the payment of the tax refund to the entity.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Reduces the financial burden on export production enterprises through tax refunds.
- Negative impact: Increases administrative workload for tax authorities and enterprises during the preparation of tax refund application documents.
❓ Câu hỏi thường gặp
Which entities are eligible for a tax refund?
Production units exporting goods that have purchased raw materials and semi-finished products from other domestic production units which have already paid turnover tax.
What is the amount of the turnover tax refund?
The amount of the turnover tax refund is the turnover tax calculated within the price (sales revenue) of raw materials and semi-finished products used by the production unit in producing export goods.
How long does it take to process the tax refund?
The time limit for processing the tax refund is 15 days from the date all necessary documents are received, which may be extended up to 30 days if verification is required.
Which entity is responsible for paying the tax refund?
The State Treasury of the province or city is responsible for making the tax refund payment to the entity according to the decision of the Director of the Provincial Tax Service.
Toàn văn
CIRCULAR
Guidelines for Refunding Value-Added Tax on Raw Materials and Semi-Finished Products Purchased from Production Units for Exported Goods
and semi-finished products purchased from production units for the production of export goods
Pursuant to Decree No. 96/CP dated December 27, 1995 of the Government detailing the implementation of the Law on Value-Added Tax and the Law Amending and Supplementing Certain Provisions of the Law on Value-Added Tax;
Implementing Clause 2 of Article 13 of Decree No. 10/1998/NĐ-CP dated January 23, 1998 of the Government regarding certain measures to encourage and ensure foreign direct investment activities in Vietnam; Point 2 of Resolution No. 02/1998/NQ-CP dated January 26, 1998 of the Government on export policy and measures to encourage exports, the Ministry of Finance issues guidelines for refunding value-added tax for production units producing exported goods as follows:
I. OBJECTS ELIGIBLE FOR VAT REFUND:
1. The objects eligible for VAT refund are production units directly producing exported goods that purchase raw materials and semi-finished products from other domestic production units which have already been subject to VAT for the purpose of producing exported goods.
The production of exported goods under this provision does not include the export of natural resources.
Export includes selling to foreign countries and selling to production enterprises within export processing zones.
2. The amount of VAT refundable is the VAT included in the price (sales revenue) of raw materials and semi-finished products purchased by the production unit for the production of exported goods.
Example: Company A produces and exports 1,000 sets of clothing. To produce these 1,000 sets of clothing, Company A purchases 4,000 meters of fabric from Company B at a cost of 80 million dong; and purchases buttons, thread, and other materials from Companies C and D at a cost of 10 million dong.
The VAT included in the price of the above raw materials is 3.5 million dong (calculated based on the VAT rate applicable to each item). Company A will be refunded 3.5 million dong.
The above VAT refund does not apply to:
Fuel, power, services, and transportation used in the production of exported goods.
Raw materials, materials, and semi-finished products purchased from trading businesses, import-export businesses, self-imported entities, or entities not required to pay VAT.
II. BASIS FOR DETERMINING THE AMOUNT OF VAT REFUNDABLE:
The basis for determining the amount of VAT refundable to production units producing exported goods is as follows:
1. Sales revenue from purchasing raw materials and semi-finished products from other domestic production units recorded on purchase invoices. Purchase invoices must be issued by the Ministry of Finance or special invoices approved for use by the Ministry of Finance (General Department of Taxation), and must accurately and fully record all information printed on the invoice. Production units producing exported goods that purchase raw materials and semi-finished products without such invoices are not eligible for VAT refunds.
2. The VAT rate applied to the raw materials and semi-finished products purchased.
3. The actual VAT paid on raw materials and semi-finished products used in the production of exported goods.
Production units producing exported goods must separately account for sales revenue from raw materials and semi-finished products purchased from other domestic production units used in the production of exported goods to determine the amount of VAT refundable.
4. Documents and evidence proving that the goods produced by the production unit were actually exported:
Export contracts signed with foreign parties.
Export sales invoices.
Export declaration forms verified by customs authorities regarding the actual quantity and type of exported goods.
III. PROCEDURES AND AUTHORITY FOR HANDLING VAT REFUNDS:
1. Procedures and documents:
Production units eligible for VAT refunds must prepare and submit to the tax authority where they are registered, declare, and pay VAT the following documents:
A letter requesting a VAT refund specifying the amount of VAT requested.
Documents and evidence proving that the goods produced by the production unit were actually exported (as specified in Point 4, Part II of this Circular).
A list of raw materials and semi-finished products purchased from domestic production units related to the determination of input VAT for refund requests (according to Form No. 01).
A declaration form for VAT refund requests (according to Form No. 02).
The application for VAT refund must be complete and comply with regulations. In cases where copies of documents such as export contracts signed with foreign parties are submitted, they must be certified true copies; other documents of the production unit must bear the stamp of the production unit.
2. Authority to handle VAT refunds:
a. Responsibilities and authority of the tax authority:
Tax authorities at all levels are responsible for guiding eligible refund applicants to properly and completely prepare refund request documents according to regulations.
Upon receipt of a VAT refund application from a production unit, the tax authority is responsible for verifying the actual quantity of goods exported by the production unit; the value of raw materials and semi-finished products used in the production of exported goods, and determining the amount of VAT refundable. The time limit for reviewing and handling VAT refunds is 15 days from the date of receipt of complete documents. If the documents are incomplete or incorrect, the tax authority must notify the production unit to supplement them promptly. In cases requiring verification of documents that take longer, the time limit for handling VAT refunds shall not exceed 30 days. For cases not eligible for VAT refunds, the tax authority receiving the application must notify the production unit within 10 days from the date of receipt of the application.
To ensure timely handling of VAT refunds for production units, the Minister of Finance authorizes the Director of the Provincial Tax Bureau to review and handle VAT refunds for production units producing exported goods managed by the Provincial Tax Bureau. For production units producing exported goods managed by the District Tax Bureau, the District Tax Bureau is responsible for reviewing the documents and submitting the entire set of documents along with its recommendation to the Provincial Tax Bureau for handling within its authority.
When processing tax refunds, the Director of the Provincial Tax Department issues a tax refund decision (according to form number 03); the decision is made in six copies for taxpayers managed by the District Tax Office (or five copies for taxpayers managed by the Provincial Tax Department) and is sent as follows:
One copy is sent to the District Tax Office (in cases where the taxpayer receiving the refund is managed by the District Tax Office).
Three copies are retained at the Provincial Tax Department.
One copy is sent to the taxpayer receiving the refund.
One copy is sent to the State Treasury of the province/city.
Based on the tax refund decision, the Provincial Tax Department prepares the Order to Pay Tax Refunds (form number 04). The Order to Pay Tax Refunds is printed, issued, and uniformly managed by the Ministry of Finance throughout the country. When preparing the Order to Pay Tax Refunds, the following requirements must be met:
It must be typed, with four carbon copies underneath, ensuring consistency without errors or confusion.
It must be clearly written, without erasures, corrections, and all prescribed contents must be fully recorded.
Upon completion of the Order to Pay Tax Refunds, the Provincial Tax Department sends the entire set (including five copies) to the State Treasury of the province/city along with the tax refund payment decision.
b. Responsibilities of the State Treasury:
The State Treasury of the province/city is responsible for processing the refund of taxes to the enterprise according to the Order to Pay Tax Refunds issued by the Director of the Provincial Tax Department within five days from the date of receipt of the Order to Pay Tax Refunds, accounting for central budget expenditures under Chapter 160A - Type 10 - Clause 10 - Section 134 "Other Expenditures," Subsection 13 "Refunds of Value Added Tax for Exported Goods Production Enterprises."
At the end of each month, the State Treasury of the province/city prepares a report on tax refunds along with supporting documents (Debt Notice) to send to the Central State Treasury for consolidation and reporting to the Ministry of Finance (State Budget Department). The time for submitting monthly reports is as stipulated in Point 6, Part V of Circular No. 09 TC/NSNN dated March 18, 1997, issued by the Ministry of Finance.
c. Quarterly, the Provincial Tax Department bases on the tax refund certificates issued to enterprises, summarizes the amount of tax refunds paid according to form number 05 with confirmation from the State Treasury, and submits a report to the General Department of Taxation. The General Department of Taxation consolidates and reports to the Ministry of Finance (State Budget Department).
Deadline for submission of reports:
Provincial Tax Departments submit reports to the General Department of Taxation no later than the 10th day of the first month of each quarter.
The General Department of Taxation consolidates and reports to the Ministry of Finance (State Budget Department) no later than the 20th day of the first month of each quarter.
IV. IMPLEMENTATION
This Circular takes effect from the date of signature and applies to the processing of tax refunds for units with invoices for raw materials and semi-finished products purchased for export production arising from June 1, 1998. The processing of tax refunds for export production enterprises will be carried out quarterly.
During implementation, if there are any difficulties, we request that relevant ministries, localities, and export production enterprises reflect them to the Ministry of Finance for research and guidance to supplement appropriately.
Name of unit: SOCIALIST REPUBLIC OF VIETNAM
No.:... Independence - Freedom - Happiness
Date...Month...Year 199...
APPLICATION FOR REFUND OF VALUE ADDED TAX ON RAW MATERIALS
AND SEMI-FINISHED PRODUCTS PURCHASED FROM PRODUCTION ENTERPRISES
TO BE USED IN EXPORT PRODUCTION
Respectfully submitted to: Tax Department..................................................................
Export Production Enterprise:...
Main Business:...
Address:…
Telephone:...Fax:...
Account Number:...at Bank:...
Account Number:...at State Treasury:...
In the quarter...of year..., the enterprise has exported the following goods produced by the enterprise:
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Serial Number |
List of Goods |
Unit of Measurement |
Quantity |
Purchase Amount of Raw Materials for Export Production |
Amount of Value Added Tax Requested for Refund |
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We hereby request the tax authority to refund the Value Added Tax of the raw materials and semi-finished products purchased for the production of the above-mentioned exported goods, totaling:...dong.
We hereby attach the following documents with this application letter:
1. Export production contract (or sales contract) signed with foreign countries.
2. Export sales invoice.
3. Customs declaration form confirmed with export goods.
4. Declaration form of Value Added Tax paid at previous stages (form number 1).
5. Calculation form of Value Added Tax requested for refund (form number 2).
/Signed by the unit
(signature, stamp)
Form Number: 01
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
DECLARATION OF VALUE ADDED TAX BASED ON THE PURCHASE AMOUNT OF RAW MATERIALS AND SEMI-FINISHED PRODUCTS
QUARTER:.../1998
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Name of Selling Enterprise |
Purchase Invoice for Raw Materials and Semi-Finished Products |
Name of Raw Materials and Semi-Finished Products |
Unit of Measurement |
Unit price |
Quantity |
Total Amount |
Rate of Value Added Tax |
Total Value Added Tax |
Remarks |
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Number |
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We hereby certify that the information declared above is accurate. If incorrect, we will bear full responsibility under the law.
Date...month...year...
Director...
(signature, stamp)
Note:
Based on purchase invoices, the enterprise prepares a declaration form every quarter, classified by month, recorded in chronological order of purchase invoices for raw materials and semi-finished products from domestic production enterprises (those related to export production). Based on the purchase amount and the rate of Value Added Tax for each type of raw material and semi-finished product, the enterprise prepares a calculation form of input Value Added Tax.
This declaration form is prepared and attached with the tax refund application letter.
Form Number: 02
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
CALCULATION FORM OF VALUE ADDED TAX REQUESTED FOR REFUND
QUARTER...YEAR...
Name of unit:...
Address:…
Tel:...Fax:...
Account Number:...at Bank:...
Account Number:...at State Treasury:...
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Index |
Amount |
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1. Raw materials and semi-finished products purchased during the period. |
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Where: |
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+ Raw materials and semi-finished products used in export production. |
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2. Total Value Added Tax of raw materials and semi-finished products purchased. |
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3. Total sales revenue during the period. |
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4. Export sales revenue. |
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5. Proportion (%) of export sales revenue to total sales revenue. |
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6. Value Added Tax requested for refund of raw materials and semi-finished products purchased from production enterprises for export production. |
Date...month...year...
Director...
(signature, stamp)
Note:
Based on the customs declaration confirming exported goods and data from the declaration form in form number 1, the proportion of export sales revenue to total sales revenue, and the actual consumption rate of raw materials per export product, the amount of Value Added Tax requested for refund for the unit is calculated.
Form Number: 03
PROVINCE (CITY)... SOCIALIST REPUBLIC OF VIETNAM
........................... Independence - Freedom - Happiness
No.:...
Hanoi, the...day of the...month of 1998
DECISION OF THE DIRECTOR OF THE PROVINCIAL TAX DEPARTMENT
regarding the refund of value added tax on raw materials and semi-finished products
purchased from production enterprises for export production
DIRECTOR OF THE PROVINCE TAX DEPARTMENT
Pursuant to point 2 of Resolution No. 02/1998/NQ-CP dated January 26, 1998 of the Government on policies and measures to encourage exports;
Pursuant to the provisions of Circular No..../1998/TT-BTC dated.../.../1998 of the Ministry of Finance guiding the refund of Value Added Tax for export production enterprises;
Pursuant to the file of...requesting the refund of Value Added Tax input of raw materials and semi-finished products used in export production in the quarter...of year...;
DECISION:
Article 1. Refund to...the value-added tax on raw materials and semi-finished products purchased from production units for the export production of quarter...year...with the amount being:...(written in words...).
Article 2. The State Treasury of the province/city...is responsible for disbursing the refund money for the production unit according to Article 1 of this Decision into account number...at the Bank (or State Treasury)...
Article 3. This Decision takes effect from the date of signature.
Place of Receipt: DIRECTOR OF THE PROVINCE TAX DEPARTMENT
Production unit... (signature, stamp)
Provincial/City State Treasury...
District Tax Office...
To be filed with the Provincial Tax Department.
Note:
This Decision is made in five copies (one copy sent to the enterprise, one copy sent to the Provincial/City State Treasury; three copies retained at the Provincial Tax Department: Administrative Affairs Division, Planning-Accounting-Statistics Division, Management Division). If the production unit is eligible for tax refunds managed by the District Tax Office, six copies shall be prepared, including one copy sent to the District Tax Office.
Form No.: 04
TAX DEPARTMENT
Fiscal Year 199... SOCIALIST REPUBLIC OF VIETNAM
AK/98 Independence - Freedom - Happiness
Number: 000000
ORDER TO REFUND VALUE-ADDED TAX
(Sent to the Provincial Tax Department)
Based on Decision No...dated...
Request the Provincial/City State Treasury...
Central Government Budget - Account 301
Chapter 160A - Type 10 - Clause 10 - Section 134 - Subsection 13
Beneficiary Unit...
At Bank (State Treasury)…
Account number:...
Amount refunded (in words):...Total amount (in figures)
Provincial/City Tax Department State Treasury of the Province/City
Date Month Year 199... Date Month Year 199...
Head of Planning-Finance-Statistics Division This Circular stipulates the organization of the selection of outstanding rural industrial products; the rights and responsibilities of agencies, organizations, and individuals related to the activity of organizing the selection of outstanding rural industrial products. …on…day…month…year… Credit organization branch in province/city and basic credit cooperative…
(Signature, full name) (Signature and stamp) (Signature, full name) (Signature and stamp)
Form No.: 4
PROVINCIAL TAX DEPARTMENT SOCIALIST REPUBLIC OF VIETNAM
Fiscal Year 199... Independence - Freedom - Happiness
AK/98
Number: 000000
ORDER TO REFUND VALUE-ADDED TAX
(To be kept at the Provincial/City State Treasury)
Based on Decision No...dated...
Request the Provincial/City State Treasury...
Central Government Budget - Account 301
Chapter 160A - Type 10 - Clause 10 - Section 134 - Subsection 13
Beneficiary Unit...
At Bank (State Treasury)…
Account number:...
Amount refunded (in words):...Total amount (in figures)
......................
Provincial/City Tax Department State Treasury of the Province/City
Date Month Year 199... Date Month Year 199...
Head of Planning-Finance-Statistics Division This Circular stipulates the organization of the selection of outstanding rural industrial products; the rights and responsibilities of agencies, organizations, and individuals related to the activity of organizing the selection of outstanding rural industrial products. …on…day…month…year… Credit organization branch in province/city and basic credit cooperative…
(Signature, full name) (Signature and stamp) (Signature, full name) (Signature and stamp)
Form No.: 04
PROVINCIAL TAX DEPARTMENT SOCIALIST REPUBLIC OF VIETNAM
Fiscal Year 199... Independence - Freedom - Happiness
AK/98
Number: 000000
NOTICE OF RECEIPT
(Sent to the entity receiving the refund)
Based on Decision No...dated...
Request the Provincial/City State Treasury...
Central Government Budget - Account 301
Chapter 160A - Type 10 - Clause 10 - Section 134 - Subsection 13
Beneficiary Unit...
At Bank (State Treasury)…
Account number:...
Amount refunded (in words):...
Total amount (in figures)...
Date Month Year 199...
Chief Accountant of the Bank (State Treasury) of the Province/City Credit organization branch in province/city and basic credit cooperative… Bank (State Treasury) of the Province/City
(Signature, full name) (Signature and stamp)
Form No.: 04
PROVINCIAL TAX DEPARTMENT SOCIALIST REPUBLIC OF VIETNAM
Fiscal Year 199... Independence - Freedom - Happiness
AK/98 Number: 000000
NOTICE OF DEBT
(Sent to the Ministry of Finance)
Based on Decision No...dated...
Request the Provincial/City State Treasury...
Central Government Budget - Account 301
Chapter 160A - Type 10 - Clause 10 - Section 134 - Subsection 13
Beneficiary Unit...
At Bank (State Treasury)…
Account number:...
Amount refunded (in words):...
Total amount (in figures)...
Date Month Year 199...
Chief Accountant of the Bank (State Treasury) of the Province/City Credit organization branch in province/city and basic credit cooperative… Bank (State Treasury) of the Province/City
(Signature, full name) (Signature and stamp)
Form No.: 04
PROVINCIAL TAX DEPARTMENT SOCIALIST REPUBLIC OF VIETNAM
Fiscal Year 199... Independence - Freedom - Happiness
AK/98 Number: 000000
AUTHORIZATION FOR PAYMENT
TRANSFER - TELEGRAPHIC TRANSFER
(Sent to the bank or State Treasury where the entity has an account)
Based on Decision No...dated...
Request the Provincial/City State Treasury...
Central Government Budget - Account 301
Chapter 160A - Type 10 - Clause 10 - Section 134 - Subsection 13
Beneficiary Unit...
At Bank (State Treasury)…
Account number:...
Amount refunded (in words):...
Total amount (in figures)...
State Treasury A records in the books State Treasury B records in the books
Date Month Year 199... Date Month Year 199...
Recorded in the books Chief Accountant Credit organization branch in province/city and basic credit cooperative… Recorded in the books Chief Accountant Credit organization branch in province/city and basic credit cooperative…
(Signature, full name) (Signature, full name) (Signature and stamp) (Signature, full name) (Signature, full name) (Signature and stamp)
(Signature, full name) (Signature, full name) (Signature and stamp) (Signature, full name) (Signature, full name) (Signature and stamp)
Form No.: 05
PROVINCIAL/TOWN TAX DEPARTMENT: SOCIALIST REPUBLIC OF VIETNAM
......................... Independence - Freedom - Happiness
COMBINED REPORT
REFUND OF VALUE-ADDED TAX ON RAW MATERIALS AND SEMI-FINISHED PRODUCTS
PURCHASED FROM PRODUCTION UNITS FOR EXPORT PRODUCTION
QUARTER.../YEAR 199...
Unit of measurement: dong
|
Serial number |
Decision No... dated.../.../... |
Order to refund No... dated.../.../... |
Name of entity receiving refund |
Export Goods Item |
Unit of measurement |
Purchase Amount of Raw Materials for Export Production |
Export turnover |
Amount of value-added tax refunded |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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Total: |
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Total amount refunded (in words):...
Date...Month...Year 199...
CONFIRMATION BY THE DIRECTOR OF THE STATE TREASURY OF THE PROVINCE/CITY PROVINCIAL TAX DEPARTMENT DIRECTOR
(Signature, stamp) (Signature, stamp)
Remarks:
This report is made in three copies: one copy retained by the Provincial Tax Department, one copy sent to the Provincial/City State Treasury, one copy sent to the General Department of Taxation. Column (9) - "Amount of value-added tax refunded" is based on the refund certificates issued by the State Treasury for consolidation and reporting./.
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