Thông tư 116/2013/TT-BTC

CIRCULAR

GUIDING THE EXPORT TAX EXEMPTION FOR PYTHON SKIN COMMODITY ORIGINATED FROM BREEDING

Pursuant to the Law on export tax and import tax dated June 14, 2005;

Pursuant to the Government’s Decree No. 87/2010/ND-CP dated August 13, 2010, detailing implementation of a number of Articles of Law on export tax and import tax;

Pursuant to the Government’s Decree No. 82/2006/ND-CP dated August 10, 2006, on managing activities of export, import, re-export, introduction from the sea, transit, breeding, rearing and artificial propagation of endangered species of precious and rare wild fauna and flora;

Pursuant to the Government’s Decree No. 32/2006/ND-CP dated March 30, 2006, defining on management of endangered, precious and rare forest fauna and flora;

Pursuant to the Decree No. 98/2011/ND-CP dated October 26, 2011 amending and supplementing a number of Articles of the Decrees on agriculture; 

Pursuant to the Government’s Decree No. 118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

In furtherance of direction of the Prime Minister at official dispatch No. 4013/VPCP-KTTH dated May 21, 2013 of the Governmental Office;

At the proposal of Director of the Tax Policy Department;

The Minister of Finance promulgates the Circular guiding the export tax exemption for python skin commodity originated from breeding.

Article 1. Export tax exemption

To conduct the export tax exemption for python skin commodity originated from breeding.

Article 2. Dossier of and procedures for tax exemption

1. Dossier of tax exemption:

When doing the customs procedures for the export python skin commodity originated from breeding, apart from customs dossier as prescribed by law on customs, the customs declarer must submit and present additionally the following documents:

a) Certificate of registering wild fauna breeding farm issued by the local Ranger Sub-Departments: submit 01 copy, and present the original for the first time of export at the Customs Sub-Department where do export procedures for comparison;

b) Certificate of quantity of slaughtered pythons originated from breeding made by the local Ranger Sub-Department for each time of doing export procedures:  submit 01 copy, and present the original at the Customs Sub-Department where do export procedures for comparison;

c) CITES permit (Convention on international trade in endangered species of wild fauna and flora permit) issued by the Vietnam CITES management agency as prescribed in the Government’s Decree No. 82/2006/ND-CP dated August 10, 2006, on managing activities of export, import, re-export, introduction from the sea, transit, breeding, rearing and artificial propagation of endangered species of precious and rare wild fauna and flora; In which, code at box No. 09 of permit clearly state the dry or fresh python skin commodity, at  box No. 10 inscribed the sign of “II-C” and box No. 11 clearly state the quantity of python skins being allowed exporting: submit 01 copy, and present the original at the Customs Sub-Department where do export procedures for comparison;

2. Procedures for tax exemption:

a) Based on provisions in this Circular and current law on customs procedures: The tax payers shall self calculate, declare the exempted tax amounts for each declaration of export commodity such as case of having to pay tax; customs agencies shall base on dossier of tax exemption, the tax amounts requested for exemption, compare with current regulation to do procedures for tax exemption in respect to each declaration of export commodity in accordance with regulation.

b) If customs agencies examine and detect that the export commodities are not eligible for tax exemption as declared, they shall collect export tax at the export tax rates provided at time of registering declaration of export commodities and sanction violations (if any) in accordance with regulation.

Article 3. Effect

This Circular takes effect on October 04, 2013.