Thông tư 81/2013/TT-BTC

CIRCULAR

AMENDING AND SUPPLEMENTING THE CIRCULAR NO. 201/2012/TT-BTC DATED 16/11/2012 OF THE MINISTRY OF FINANCE GUIDING TAX POLICY FOR AGRICULTURAL PRODUCTS WHICH HAVE NOT YET PROCESSED, WITH INVESTMENT SUPPORT OF VIETNAMESE PARTY, PLANTED IN CAMBODIA AND IMPORTED INTO VIETNAM

Pursuant to the Law on export and import tax, of June 14, 2005; the Law on Value-added tax of June 03, 2008 and documents guiding implementation thereof;

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;

In furtherance of opinion of the Prime Minister at the official dispatch No. 6576/VPCP-KTTH of August 24, 2012 of the Office of Government;

At the proposal of Director of the Tax Policy Department;

The Minister of Finance promulgates the Circular amending and supplementing the Circular No. 201/2012/TT-BTC dated 16/11/2012 of the Ministry of Finance guiding tax policy for agricultural products which have not yet processed, with investment support of Vietnamese party, planted in Cambodia and imported into Vietnam.

Article 1. To supplement clause 2a, Article 4 of the Circular No.  201/2012/TT-BTC as follows:

“2a. For projects which have been granted certificate of investment abroad for implementation of project on investment support, planting agricultural products at provinces of Combodia bordering with Vietnam by the Ministry of Planning and Investment before 31/12/2012  (the effective day of the Circular No. 201/2012/TT-BTC dated 16/11/2012 of the Ministry of Finance guiding tax policy for agricultural products which have not yet processed, with investment support of Vietnamese party, planted in Cambodia and imported into Vietnam), they will be continued enjoying incentive on import tax exemption and belonging subjects not subject to VAT for commodities in list of agricultural commodities which have not yet processed promulgated together with the Circular No. 61/2006/TT-BTC  for the remaining duration of  certificate of investment abroad counted from  31/12/2012 onwards and they must meet procedures for import tax exemption specified in Article 2 of the Circular No. 201/2012/TT-BTC In case where investor adjust the scale of project, the increasing part due to adjustment will comply with the Circular No. 201/2012/TT-BTC”.

Article 2. Organizing implementation

1. This Circular takes effect on August 03, 2013.

2. For declarations of imported goods of projects belonging subjects specified in Article 1 of this Circular but already registered with  customs agencies before the effective date of this Circular, they will be exempted import tax and belong subjects not subject to VAT as prescribed in Article 1 of this Circular.