Thông tư 197/2009/TT-BTC

Circular No. 197/2009/TT-BTC of October 09, 2009, supplementing the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008, guiding the performance of tax obligations of foreign organizations and individuals doing business or earning incomes in Vietnam

Circular No. 197/2009/TT-BTC of October 09, 2009, supplementing the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008, guiding the performance of tax obligations of foreign organizations and individuals doing business or earning incomes in Vietnam đã được thay thế bởi Circular No. 60/2012/TT-BTC guiding the executing of tax liability applicable và được áp dụng kể từ ngày 27/05/2012.

Nội dung toàn văn Circular No. 197/2009/TT-BTC of October 09, 2009, supplementing the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008, guiding the performance of tax obligations of foreign organizations and individuals doing business or earning incomes in Vietnam


THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 197/2009/TT-BTC

Hanoi, October 09, 2009

 

CIRCULAR

SUPPLEMENTING THE FINANCE MINISTRY'S CIRCULAR NO. 134/2008/TT-BTC OF DECEMBER 31, 2008, GUIDING THE PERFORMANCE OF TAX OBLIGATIONS OF FOREIGN ORGANIZATIONS AND INDIVIDUALS DOING BUSINESS OR EARNING INCOMES IN VIETNAM

Pursuant to the Socialist Republic of Vietnam's current laws and ordinances on taxes, fees and charges and the Government's decrees detailing laws and ordinances on taxes, fees and charges;
Pursuant to June 3, 2008 Law No. 13/2008/QH12 on Value-Added Tea and the Government s Decree No. 123/2008/ND-CP of December 8, 2008, detailing and guiding a number of articles of the Law on Value-Added Tax (VAT);
Pursuant to June 3, 2008 Law No. 14/2008/ QH12 on Enterprise Income Tax and the Government's Decree No. 124/2008/ND-CP of December 11, 2008, detailing and guiding a number of articles of the Law on Enterprise Income Tax (EIT);
Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
The Ministry- of Finance supplements Circular No. 134/2008/TT-BTC of December 31, 2008, guiding the performance of tax obligations of foreign organizations and individuals doing business or earning incomes in Vietnam as follows:

Article 1. To add Section IV to Part B of Circular No. 134/2008ATT-BTC as follows:

"IV. VAT payment according to the credit method and EIT payment according to a percentage of taxable turnover

Foreign contractors and subcontractors that satisfy conditions (i) and (ii) prescribed at Point 1, Section II, Part B of the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008, and make accounting under the accounting law and the Finance Ministry's guidance shall register with tax offices for VAT payment according to the credit method under Point 2. Section II. Part B and EIT payment under Point 3. Section III, Part B of the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008.

Within 20 working days after signing a contract, the Vietnamese party signing a contract with a foreign contractor or a foreign contractor signing a contract with a foreign sub-contractor shall notify in writing the tax office in the locality where the foreign contractor or sub-contractor makes tax payment registration of the foreign contractor's or sub-contractor's direct VAT registration and payment according to the credit method and FIT payment according to a percentage of taxable turnover."

Article 2. To add to the first paragraph, Part C of Circular No. 134/2008/TT-BTC the following:

"In case a contract or subcontract was signed before the effective date of Circular No. 134/2008/TT-BTC the determination of VAT and EIT obligations will still comply with the Finance Ministry's Circular No. 05/2005/TT-BTC of January 11, 2005, guiding tax regimes applicable to foreign organizations without Vietnamese legal entity status and foreign individuals doing business or earning incomes in Vietnam until that contract terminates, except the following cases:

- For goods and services supplied by foreign contractors or subcontractors which were not liable to VAT under VAT laws effective prior to January 1, 2009, but subject to VAT from January 1. 2009. turnover for VAT calculation for foreign contractors and sub-contractors will be determined under Circular No. 134/2008/TT-BTC.

For example:

In 2008, enterprise A in Vietnam signed with overseas enterprise B a contract to buy machinery and equipment for a cement plant project. The contract's total value is USD 100 million, including USD 80 million for machinery and equipment (which cannot be produced at home) and USD 20 million for installation instruction and supervision, warranty and maintenance services.

Under VAT laws effective prior to January 1, 2009, machinery and equipment which cannot be produced at home and are imported to create fixed assets of enterprises are not liable to VAT, In 2009, enterprise A imports machinery and equipment under the contract signed with enterprise B and has paid VAT at the importation stage. In this case, the turnover for VAT calculation for the foreign contractor (enterprise B) will be determined according to Point 1.2. Section I, Part B of Circular No. 134/2008/TT-BTC.

- For income amounts paid from January 1. 2009. to foreign contractors and sub-contractors that arc business individuals, income tax obligations will comply with the law on personal income tax."

Article 3. Effect

This Circular takes effect 45 days from the date of its signing.

Any problems arising the process of implementation should be promptly reported to the Ministry of Finance for settlement.-

 

 

FOR THE MINISTER OF FINANCE
DEPUTY MINISTER





Do Hoang Anh Tuan

 

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Thuộc tính Văn bản pháp luật 197/2009/TT-BTC

Loại văn bảnThông tư
Số hiệu197/2009/TT-BTC
Cơ quan ban hành
Người ký
Ngày ban hành09/10/2009
Ngày hiệu lực23/11/2009
Ngày công báo...
Số công báo
Lĩnh vựcThuế - Phí - Lệ Phí
Tình trạng hiệu lựcHết hiệu lực 27/05/2012
Cập nhật4 năm trước
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Download Văn bản pháp luật 197/2009/TT-BTC

Lược đồ Circular No. 197/2009/TT-BTC of October 09, 2009, supplementing the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008, guiding the performance of tax obligations of foreign organizations and individuals doing business or earning incomes in Vietnam


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          Circular No. 197/2009/TT-BTC of October 09, 2009, supplementing the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008, guiding the performance of tax obligations of foreign organizations and individuals doing business or earning incomes in Vietnam
          Loại văn bảnThông tư
          Số hiệu197/2009/TT-BTC
          Cơ quan ban hànhBộ Tài chính
          Người kýĐỗ Hoàng Anh Tuấn
          Ngày ban hành09/10/2009
          Ngày hiệu lực23/11/2009
          Ngày công báo...
          Số công báo
          Lĩnh vựcThuế - Phí - Lệ Phí
          Tình trạng hiệu lựcHết hiệu lực 27/05/2012
          Cập nhật4 năm trước

          Văn bản gốc Circular No. 197/2009/TT-BTC of October 09, 2009, supplementing the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008, guiding the performance of tax obligations of foreign organizations and individuals doing business or earning incomes in Vietnam

          Lịch sử hiệu lực Circular No. 197/2009/TT-BTC of October 09, 2009, supplementing the Finance Ministry's Circular No. 134/2008/TT-BTC of December 31, 2008, guiding the performance of tax obligations of foreign organizations and individuals doing business or earning incomes in Vietnam