This document stipulates the payment of import tax on fixed assets when transferring between foreign-invested enterprises in Vietnam. In cases where transfer is permitted, enterprises must pay taxes; however, if they purchase from an enterprise that has been exempted from tax, there is no need for retroactive collection.
要点
- Foreign-invested enterprises → are not allowed to sell duty-free machinery and equipment in the Vietnamese market → must make full payment of taxes as prescribed when approved by the Ministry of Trade (Article 57, Article 60 Decree No. 24/2000/NĐ-CP)
- Enterprises enjoying tax exemptions but purchasing machinery and equipment from foreign-invested enterprises permitted to sell in Vietnam → do not need to retroactively collect import tax or VAT
🌐 本文件的社会影响
- Foreign-invested enterprises are affected by the requirement to comply with regulations on selling duty-free machinery and equipment
- Enterprises purchasing machinery and equipment from those permitted to sell in Vietnam do not have concerns about retroactive collection of taxes
❓ 常见问题
Are foreign-invested enterprises allowed to sell duty-free machinery and equipment in the Vietnamese market?
No, except when approved by the Ministry of Trade.
If an enterprise purchases machinery from one that is permitted to sell, must there be a retroactive tax collection?
No, if the selling enterprise has complied with current regulations.
全文
LETTER
OF THE MINISTRY OF FINANCE NUMBER 9026 TC/TCT DATE SEPTEMBER 24, 2001
REGARDING PAYMENT OF IMPORT TAX FOR FIXED ASSETS TRANSFERRED
RESPECTED: Ministry of Trade
- General Department of Customs
The Ministry of Finance has received documents from several enterprises requesting exemption from import tax and VAT on fixed assets when transferring. The Ministry of Finance provides the following comments:
According to Article 57, Article 60 of Decree No. 24/2000/NĐ-CP dated July 31, 2000, governing detailed implementation of the Law on Foreign Investment in Vietnam, foreign-invested enterprises importing machinery and equipment to form fixed assets for their business operations are exempt from import tax. Enterprises may not sell such machinery and equipment that have been exempted from import tax at the domestic market. In cases where the Ministry of Trade approves permission to sell domestically, the enterprise must pay back taxes as prescribed.
For enterprises enjoying tax exemption benefits but purchasing from foreign-invested enterprises permitted to sell in Vietnam rather than importing from abroad, the Ministry of Finance suggests that no retroactive import tax or VAT should be levied on the selling enterprise. The receiving enterprise shall be exempt from import tax according to the Law on Foreign Investment in Vietnam, Decision No. 37/2000/QĐ-TTg dated March 24, 2000 of the Prime Minister, and current guiding documents, provided that these goods are deducted from the list of tax-exempt items approved by the Ministry of Trade or relevant authorities for the enterprise. The Ministry of Finance requests the Ministry of Trade and the General Department of Customs to provide uniform guidance on implementation.
The Ministry of Finance requests the Ministry of Commerce and the General Department of Customs to provide guidance for uniform implementation.
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