Circular No. 92/2005/TT-BTC amends and supplements Circular No. 08/2005/TT-BTC dated January 26, 2005 guiding the financial regime applicable to the Trade and Industrial Zone within the Moc Bai Border Economic Zone in Tay Ninh Province.

CIRCULAR

Amending and supplementing Circular No. 08/2005/TT-BTC dated January 26, 2005 guiding
Financial regulations applicable to the Trade and Industrial Zone within
the Moc Bai Border Economic Zone, Tay Ninh Province

Pursuant to the State Budget Law; Laws and Ordinances on taxes, fees, and charges;

Pursuant to Decision No. 144/2004/QĐ-TTg dated August 12, 2004 of the Prime Minister on supplementing some preferential policies for the Moc Bai Border Economic Zone, Tay Ninh Province;

To implement the guidance of the Prime Minister in Notification No. 174/TB-VPCP dated September 16, 2005; Official Letter No. 277/VPCP-KTTH dated January 14, 2005 of the Government Office, the Ministry of Finance guides amending and supplementing certain contents of Circular No. 08/2005/TT-BTC dated January 26, 2005 of the Ministry of Finance as follows:

1. In Point 2, Part II, Section A regarding special consumption tax, the first paragraph is amended and supplemented as follows:

"Goods and services subject to special consumption tax produced, consumed in the Trade and Industrial Zone are exempt from special consumption tax, including goods and services subject to special consumption tax produced, supplied, and consumed in the Trade and Industrial Zone; imported from abroad into the Trade and Industrial Zone."However, passenger cars with less than 24 seats exported from domestic areas into the Trade and Industrial Zone, imported from abroad into the Trade and Industrial Zone must pay special consumption tax according to the current general regulations.”.

2. In Section C regarding specific provisions for passengers entering and exiting the Trade and Industrial Zone, the first paragraph is amended and supplemented as follows:

"Domestic and foreign tourists when entering the Trade and Industrial Zone are permitted to purchase various types of goods to bring back to domestic areas and"are exempt from import duties, value-added tax, and special consumption tax (if applicable) if the total value of goods does not exceed VND 500,000 per person per day. In case the total value of purchased goods exceeds the above limit, the excess amount shall be subject to the adjustment of current laws governing imported goods as with other imported goods.

Tourists who purchase goods at the Trade and Industrial Zone and bring them into domestic areas must complete customs declaration procedures at the Moc Bai Border Control Station or other border control stations within the Trade and Industrial Zone.

The Management Board of the Moc Bai Border Economic Zone shall provide detailed criteria to identify tourists passing through the Trade and Industrial Zone after consultation with the People's Committee of Tay Ninh Province."

This Circular takes effect 15 days after its publication in the Official Gazette. The Management Board of the Moc Bai Border Economic Zone, tax authorities, customs authorities, and other relevant agencies within the Trade and Industrial Zone need to strengthen coordination in implementing Circular No. 08/2005/TT-BTC and this Circular, while ensuring inspection and control measures to prevent smuggling and commercial fraud in the Moc Bai Trade and Industrial Zone. Any difficulties encountered during implementation should be reported to the Ministry of Finance for study and resolution./.