Law No. 43-L/CTN of October 28th, 1995, on amendments and supplements to a number of articles of the Law on Turnover Tax. đã được thay thế bởi Law No. 02/1997/QH9 of May 10, 1997, on Value added tax. và được áp dụng kể từ ngày 01/01/1999.
Nội dung toàn văn Law No. 43-L/CTN of October 28th, 1995, on amendments and supplements to a number of articles of the Law on Turnover Tax.
THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
No. No number | Hanoi, October 28th, 1995 |
LAW
ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE LAW ON TURNOVER TAX
Pursuant to Article 80 and Article 84 of the 1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for amendments and supplements to a number of articles of the Law on Turnover Tax passed on June 30, 1990 by the VIIIth National Assembly at its 7th Session, and the Law on Amendments and Supplements to a Number of Articles of the Law on Turnover Tax passed on July 5, 1993 by the IXth National Assembly of the Socialist Republic of Vietnam at its 3rd Session.
Article 1. - To amend and supplement a number of articles of the Law on Turnover Tax as follows:
1- Article 2 is amended and supplemented into the following:
"Article 2.-
The following activities are not subject to turnover tax:
1. Agricultural production which is subject to agricultural land use tax;
2. Production of commodities which are subject to special consumption tax;
3. Production of goods for export;
4. Credit activities."
2- Article 8 is amended and supplemented into the following:
"Article 8.-
1- Taxable turnover is the total revenue earned from business activities conducted in Vietnam, irrespective of branch, occupation, form of business, location of the business establishment whether inside or outside Vietnam.
Taxable turnover of a number of business activities is stipulated as follows:
a) The turnover from production activities is the money earned from the sale of goods;
b) The turnover from subcontracting is subcontracting costs including wages, costs of fuel, equipment, materials and auxiliaries, and other expenditures;
c) The turnover from the construction activities is the revenue earned from construction;
With regard to the installation of machinery and whole sets of equipment connected with construction, the taxable turnover thereof does not include the value of machinery and equipment;
d) The turnover from transportation activities is the fees paid for the transportation of goods, passengers and luggage;
e) The turnover from restaurants is the revenue earned from the catering business;
f) The turnover from trade activities is the revenue earned from the sale of goods or from the difference between the sale price and the purchase price;
g) The turnover of a sale agent, or purchase and sale trustee, is the commission earned;
h) The turnover from the service activities is the charges and fees paid for these services;
i) The turnover from insurance activities is the revenue earned from the insurance business.
2. Business establishments having their turnover in foreign currency may pay tax in foreign currency or in Vietnamese Dong, converted at the buying rate announced by the State Bank of Vietnam at the moment of tax payment.
3. In case of barter of goods or services, or self-supply of goods and services, those goods and services shall be, for the purpose of tax calculation, valued at the market prices at the time of the barter or the self-supply.
Article 2.- To amend and supplement the turnover tax rates with regard to a number of business lines in the Turnover Tax Table currently in force and promulgate together with this Law the amended and supplemented Turnover Tax Index.
Article 3.- This Law takes effect from January 1st, 1996.
Article 4.- The Government shall amend and supplement the documents providing in details for the implementation of the Law on Turnover Tax so as to make them comply with this Law.
This Law was passed on October 28, 1995 by the IXth National Assembly of the Socialist Republic of Vietnam at its 8th Session.
| CHAIRMAN OF THE NATIONAL ASSEMBLY |
TURNOVER TAX INDEX
(AMENDED AND SUPPLEMENTED)
(promulgated together with the Law on Amendments and Supplements to a Number of Articles of the Law on Turnover Tax passed on October 28, 1995 by the IXth National Assembly at its 8th Session)
Ordinals | Type of business | Tax Rate (%) |
1 | 2 | 3 |
| I. PRODUCTION BRANCH |
|
1 | Commercial electricity | 8 |
2 | Exploitation of natural and mineral resources: |
|
| a) Oil, gas, gold, precious stones | 8 |
| b)Forestry products | 4 |
| c) Aqua-products, other natural and mineral resources | 2 |
| Except: coal extracted from pits | 1 |
3 | Production of safe water in service of production and daily life | 1 |
4 | Metal refining, rolling and threading and coking | 2 |
| Except: Refinery, rolling, threading of non-ferrous and precious metals (gold, silver) | 4 |
5 | Production and assembly of mechanical products | 2 |
| Except: - Machinery, equipment, and means of transport | 1 |
| - Electric fans, irons, transformers and stabilizers of under 15A, electric pumps of less than 10m3/hour, washing machines, air conditioners, refrigerators, vacuum cleaners, dehumidifiers, geysers, utensils with electric devices (electric cookers, electric kettles, electric sauce pans, food mixers, etc), gas stoves, electric stoves, manufacture and assembly of automobiles with 24 seats or less | 4 |
6 | Production and assembly of electronic products | 8 |
| Except: Specialized electronic machinery and equipment, computers | 4 |
7 | Chemical products | 4 |
| Except: - Basic chemicals, fertilizers | 1 |
| - Pesticides and insecticides and other chemicals for agricultural production | 0,5 |
| - Lubricating oils and greases | 2 |
8 | Construction materials, including clinker, concrete mortar, pre-fab concrete | 4 |
| Except cement: - From P300 upwards | 10 |
| - Under P300 | 6 |
9 | Pottery, porcelain, ceramics, glass: | 4 |
| Except: medical glass | 1 |
10 | Processing of forestry products and woodwork | 6 |
11 | Paper and paper products | 2 |
| Except: wood pulp, newsprint and school writing paper | 1 |
12 | Food milling, husking and processing | 2 |
| Except: Instant noodles | 6 |
13 | Foodstuffs production and processing (including tobacco leaves, shredded tobacco, tobacco for water-pipes, alcohol, coffee, glutamate, sugar, confectionery...) | 6 |
| Except: - Salt | 0,5 |
| - Ice for storing aqua-products | 2 |
| - Soup seasonings, sauce of various kinds, vegetable oils, tea, milk of various kinds | 4 |
| - Soft drinks, refreshments | 8 |
14 | Aqua-product processing | 4 |
15 | Fibre, textiles, cotton: |
|
| a) Assorted fibre (including wool yarn for carpet weaving, and yarn from jute, silk, rush), thread | 2 |
| Except: woolen yarn, synthetic fibre | 4 |
| b) Assorted textiles | 4 |
| Except: weaving jute, rush items, mats, blinds and hand-woven or semi-mechanical products | 2 |
| c) Primary processing of home-grown cotton | 1 |
16 | Cloth, canvass shoes, production of leather materials, leatherette | 4 |
17 | Leather and leatherette products | 6 |
18 | Printing and publication (excluding advertizing): |
|
| a) Books, films (including film developing and processing), recorded audio tapes, video tapes, laser discs | 1 |
| b) Assorted newspapers | 0,5 |
| c) Political books, textbooks, scientific and technical books, children's books, books and newspapers in the languages of ethnic minorities, people's newspapers, people's army's newspapers, State leaders' portraits and paintings, posters, propaganda pictures and paintings, banknote printing, documentary films, reportage films, films with revolutionary, children's and scientific themes | 0 |
| d) Production of blank audio tapes and video tapes | 2 |
| e) Printing and publication of other products, other activities in the printing and publishing industry | 4 |
19 | Lab instruments, medical instruments, children's toys, educational aids | 0,5 |
20 | Sports and gymnastic equipment, musical instruments and spare parts | 1 |
21 | Curative medicines, anti-epidemic medicines, medical cotton and bandages | 1 |
22 | Production of fine arts products | 8 |
23 | Production of cosmetics | 10 |
24 | Production of playing cards, votive paper, incense sticks and candles |
|
| a) Playing cards, votive paper | 20 |
| b) Incense sticks and candles | 8 |
25 | Production and processing of domestic animals' feed | 2 |
26 | Agricultural production not subject to agricultural land use tax | 2 |
| Except: manufacture of seedlings, and animal breeds | 1 |
27 | Manufacture of production tools | 1 |
28 | Subcontracting, irrespective of products and business lines (tax calculation to be based on subcontracting expenditures) | 6 |
29 | Other production and processing | 4 |
| II. CONSTRUCTION INDUSTRY |
|
1 | Construction and installation, survey, design, and other activities in construction | 4 |
| III. TRANSPORTATION SERVICE |
|
1 | Transportation of goods | 2 |
| Except: Transportation by rudimentary means in mountainous areas and islands | 0,5 |
2 | Transportation of passengers, luggage, air transportation (including passengers, luggage and goods) | 4 |
| Except: transportation of passengers in cities and urban areas by bus | 1 |
| IV. TRADE SERVICE |
|
1 | Trading in commodities (including petrol, motor vehicles, automobiles with 24 seats or less) | 2 |
| Except: Food, fresh foodstuffs, fresh fruits and vegetables, salt, medicines, lab instruments, medical instrument, fertilizers, pesticides, insecticides, machinery, equipment (including computers, fax machines, photocopiers), means of transport, spare parts, raw materials, materials, fuel, books and newspapers, educational aids, children's toys, seedlings, plant and animal breeds, film distribution | 1 |
2 | Export service | 1 |
3 | Trading in gold, silver and gems | 1 |
4 | Trading in foreign currencies | 0,5 |
5 | Trading in real estate (including building houses for sale) | 4 |
6 | Sale by agents, sale on consignment, and trusted sale and purchase of goods (tax calculation to be based on the commission earned) | 15 |
7 | Business establishments (except those trading in lots) having books of account, keeping records in accordance with the regulations recognized by the tax office shall have their turnover tax calculated on the basis of the difference between the sale price and the purchase price | 15 |
| Except: - Trading in gold, silver, gems, foreign currencies, real estate | 20 |
| - Distribution of books, newspapers, films | 4 |
| - Trading in salt | 4 |
| - Trading in farm products, fresh foodstuffs, fresh fruits and vegetables | 10 |
| V. RESTAURANTS |
|
1 | Restaurant business | 4 |
| Except: luxury, specialty restaurants | 2 |
| VI. SERVICES |
|
1 | Repair services of various businesses and occupations | 4 |
| Except: - Repairs of machinery, equipment, means of transport | 2 |
| - Repairs of electrical, electronic and cold-storage appliances | 6 |
2 | Scientific and technical services | 2 |
3 | Legal consultancy service | 4 |
4 | Post and telecommunications services | 6 |
5 | Health, sports, gymnastic, cultural and art, vocational training services | 0,5 |
| Except: Art performance (circus, tuong (classical opera), cheo (traditional opera), cai luong (reformed drama), drama, puppet shows, singing, dancing, musical instruments playing...), film projection | 0 |
6 | Other services and activities (except credit activities) of banks, credit organizations and financial companies | 6 |
7 | Insurance | 4 |
| Except: - Insurance for school pupils | 0 |
| - Insurance for domestic animals, plants | 0 |
8 | Pawn brokerage | 4 |
9 | Loading and unloading of goods, leasing of warehouses, store yards, workshops, machinery, equipment, means of transport | 4 |
10 | Leasing of houses, shops, furniture, wedding halls, conference rooms, tourist cars | 10 |
11 | Trading in hotels, bed rooms, tourist services, sightseeing tours | 10 |
| Except: lodging business | 6 |
12 | Photograph taking, printing and enlargement, photocopying, video shooting and video screening | 6 |
13 | Tape recording, dubbing and hiring | 8 |
14 | Hairdressing, tailoring, dyeing, laundry, steam bleaching | 6 |
15 | Other services | 4 |
| Except: Sanitary services, street drainage, funeral services | 0 |
16 | Special services: |
|
| a) Beauty parlor | 10 |
| b) Dancing | 30 |
| c) Karaoke, sauna, massage | 20 |
| d) Horse racing | 20 |
| e) Golf business | 20 |
| f) Lotteries for public construction and other forms of lottery | 30 |
| Except: lotteries for public construction in mountainous provinces, scratch and loto lotteries | 20 |
| g) Shipping agents | 30 |
| h) Brokerage | 15 |
| i) Advertizing | 10 |
