Nghị định 60/2012/ND-CP

DECREE

DETAILING THE IMPLEMENTATION OF THE RESOLUTION NO. 29/2012/QH13 ON PROMULGATING A NUMBER OF TAX POLICIES AIMING TO RESOLVE DIFFICULTIES FOR ORGANIZATIONS AND INDIVIDUALS

Pursuant to the Law on Government’s organization,of December 25, 2001;

Pursuant to the Law on Tax administration, of November 29, 2006;

Pursuant to the Law on personal income tax, of November 21, 2007;

Pursuant to the Law on Enterprise income tax and the Law on Value-added tax, of June 03, 2008;

Pursuant to the Resolution No. 29/2012/QH13, of June 28, 2012 of the National Assembly on promulgating a number of tax policies aiming to resolve difficulties for organizations and individuals;

At the proposal of the Minister of Finance;

The Government promulgates the Decree detailing the implementation of the Resolution No. 29/2012/QH13 on promulgating a number of tax policies aiming to resolve difficulties for organizations and individuals,

Article 1. Scope of regulation

This Decree details the implementation of the Resolution No. 29/2012/QH13, of June 21, 2012 of the National Assembly, on promulgating a number of tax policies aiming to resolve difficulties for organizations and individuals.

Article 2. Reduction of 30% of enterprise income tax amount in 2012 for enterprises specified in clause 1, Article 1 of the Resolution No. 29/2012/QH13 as follows:

1. The small- and medium-sized enterprises, not including small- and medium-sized enterprises business in lottery, real estate, securities, finance, bank, insurance, or manufacture of goods subject to the excise tax, first-class enterprises, special-class enterprises belonging to economic corporation, general companies.

a) The small- and medium-sized enterprises being reduced tax specified in this clause are enterprises, including cooperatives (not including non-business units) that satisfy the criteria of capital or labor  as prescribed in clause 1, Article 3 of the Government’s Decree No. 56/2009/ND-CP of June 30, 2009 on assistance to the development of small- and medium-sized enterprises.

The capital as the basis for identifying an small- and medium-sized enterprise is the total capital indicated in the enterprise’s accounting balance sheet made on December 31, 2011. For a small- or medium-sized enterprise established on January 1, 2012, or later, the capital as the basis for identifying a small- or medium-sized enterprise is the charter capital stated in the enterprise’s business registration certificate or first investment certificate.

The average annual number of laborers as the basis for identifying a small- or medium-sized enterprise (including number of laborers in branch and affiliated units) is number of laborers  which enterprise has used regularly in 2011, not including laborers under short-term contract less than 03 month, the average annual number of laborers defined under guidance of the Ministry of Labor, War Invalids and Social Affairs.

b) Tax shall be not reduced as prescribed in this Clause for:

The small- or medium-sized enterprises only business in:  lottery, real estate, securities, finance, bank, insurance, or manufacture of goods, services subject to the excise tax. If a small- or medium-sized enterprise operates business in many sectors, the amount of enterprise income tax being reduced shall not include the tax amount calculated on income from operations business in lottery, real estate, securities, finance, bank, insurance, or manufacture of goods, services subject to the excise tax.

2. The intensive-labour enterprises in manufacture, processing: Agricultural products, forestry products, fishery products, textile and garment, leather and footwear, electronic components, intensive-labour enterprises for building socio-economic infrastructure.

The intensive-labour enterprises subject to enjoyed tax reduction in this Clause are enterprises have average annual number of laborers in 2012 over 300 persons, not including laborers under short-term contract less than 03 month. If an enterprise is operated under model of mother company and subsidiary companies, number of laborers as the basis for identifying a mother enterprise eligible for enterprise income tax reduction not includes number of laborers of its subsidiary companies.  

The amount of enterprise income tax being reduced is amount of tax calculated on income of operation in manufacturing, processing of: Agricultural products, forestry products, fishery products, textile and garment, leather and footwear, electronic components, operations in building socio-economic infrastructure.  

The operations in manufacturing, processing of: Agricultural products, forestry products, fishery products, textile and garment, leather and footwear, electronic components specified in this Clause are defined in according to provisions in the System of economic branches in Vietnam promulgated together with the Decision No. 10/2007/QD-TTg of January 23, 2007 of the Prime Minister.

Operations in building socio-economic infrastructure specified in this Clause including construction, installation of: Water plants, power plants, electrical transmission and distribution works; system of  water supply and drainage, roadways, railways; aerial ports, seaports, river-ports; airports, railway stations, car station; building schools, hospitals, cultural houses, cinemas, art performance facilities , training, sport competition; treatment system for waste water, solid wastes; communications works, construction works to serve for agriculture, forestry, fishery.       

3. The amount of enterprise income tax being enjoyed reduction of enterprises specified in Clause 1, Clause 2 of this Article is amount of tax payable quarterly temporary calculated and the remaining tax payable under the 2012 tax settlement.  

4. Enterprises being enjoyed the enterprise income tax reduction specified in this clause are enterprises being established and operated under Vietnamese law; implementing regime of accounting, invoice, voucher as prescribed by law and pay tax under declaration.

Article 3. Exemption of presumptive tax (value added tax, personal income tax) and enterprise income tax in 2012 for households, individuals, organizations specified in Clause 2, Article 1 of the Resolution No. 29/2012/QH13 as follows:

1. Exemption of presumptive tax (value added tax, personal income tax) in 2012 for households, individuals leasing houses or rooms to workers, laborers, students or pupils; households, individuals supplying service for care of children, households, individuals supplying shift meals to workers.

The rate of presumptive tax of value added tax, personal income tax specified in this Clause is defined as prescribed by law on tax administration.

2. Exemption of value added tax and enterprise income tax payable arising in 2012 for supplying shift meals to workers (excluding supplying shift meals to enterprises of transportation, air – communication, other business operations) of enterprises.

In case a enterprise has many business operations:

The amount of enterprise income tax being exempted only calculates on income from supplying shift meals. If it cannot determine the income of operation being eligible for tax exemption, income to calculate amount of exempted tax shall be determined under percentage (%) between turnover of operation supplying shift meals with total turnover of enterprise in 2012.

The amount of VAT being exempted is determined basing on the rate between turnover subject to VAT of supplying shift meals of each month over total turnover of goods, services subject to VAT in month.

Enterprises are eligible for tax exemption specified in this clause must satisfy provisions in Clause 4, Article 2 and Clause 3, Article 3 of this Decree and implement pay VAT under deduction method.

3. Business households, individuals and enterprises being eligible for tax exemption specified in this Article must commit to keep price of leasing houses, rooms, children care services, price of supplying shift meals in 2012 not higher than price in December 2011.

Price of leasing houses, rooms, children care services and price of supplying shift meals must be publicized, listed at business establishment and informed to commune authorities where perform business and tax agency directly managing. When inspecting, checking, if detecting households, individuals, business organizations not performing right their commitment on price specified in this Clause, they shall not be exempted as prescribed in this Article.  If households, individuals, business organizations not being enjoyed tax exemption have declared for tax exemption, thus they shall be collected tax arrears and fined for delayed payment as prescribed by law on tax administration.  

Article 4. Exemption of personal income tax specified in Clause 3, Article 1 of the Resolution No. 29/2012/QH13 as follows:

Exemption of personal income tax arising from July 01, 2012 till the end of December 31, 2012, for individuals having taxed incomes from salaries, wages and from business to the level of taxable personal income at grade 1 of the Partially Progressive Tariff provided in Article 22 of the Law on Personal Income Tax.  

Taxable income as the basis for identifying the tax exemption specified in this clause is the monthly average taxable income of the individual actually received in 2012.

Article 5. Effect

1. This Decree effects on September 20, 2012.

2. In the same time if the enterprises are enjoyed various preferential tax rates for an item, they may be selected the most favorable tax incentive.

Where the enterprises being in the time to be enjoyed preferential enterprise income tax as prescribed by law, the enterprise income tax amount reduced under the provisions of this Decree shall be calculated on the remaining tax amount after being subtracted the enterprise income tax amount that the enterprises are enjoyed incentives.

3. The Ministry of Finance guides repayment or offsetting with the tax payable for enterprises, household, individuals have declared and paid the tax amount to be reduced or exempted under the provisions of Article 2 and Article 3 of this Decree into State Budget

Article 6. Responsibly for implementation

1. The Ministry of Finance guides the implementation of this Decree.

2. People's Committees of provinces and cities directly under central government within their jurisdiction in accordance with the law provisions are responsible for directing the Departments, sectors, branches and the local authorities at all levels in localities to coordinate with the tax authorities in communication, urge, and inspection of the implementation of this Decree.

3. The Councils of tax advisory of communes, wards coordinate with the State management agencies on prices at localities to confirm and monitor, inspect the implementation of commitments to stabilize the price of households, business individuals and enterprises specified in Article 3 of this Decree.

4. The ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairpersons of People's Committees of provinces and cities directly under the Central Government and concerned organizations and individuals are responsible for the implementation of this Decree