Circular No. 102/2002/TT-BTC dated November 11, 2002 of the Ministry of Finance amending the provisions on Value Added Tax deduction for purchased goods being unprocessed agricultural, forestry and aquatic products, guided in the Finance Ministry’s Circular No. 82/2002/TT-BTC dated September 18, 2002 amending and supplementing a number of contents of the Finance Ministry’s Circular No. 122/2000/TT-BTC dated December 29, 2000 which guides the implementation of the Ggovernment’s Decree No. 79/2000/ND-CP dated December 29, 2000 detailing the implementation of the Value Added Tax Law

CIRCULAR

AMENDING THE PROVISIONS ON VALUE ADDED TAX DEDUCTION FOR PURCHASED GOODS BEING UNPROCESSED AGRICULTURAL, FORESTRY AND AQUATIC PRODUCTS, GUIDED IN THE FINANCE MINISTRY’S CIRCULAR No. 82/2002/TT-BTC OF SEPTEMBER 18, 2002 AMENDING AND SUPPLEMENTING A NUMBER OF CONTENTS OF THE FINANCE MINISTRY’S CIRCULAR No. 122/2000/TT-BTC OF DECEMBER 29, 2000 WHICH GUIDES THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 79/2000/ND-CP OF DECEMBER 29, 2000 DETAILING THE IMPLEMENTATION OF THE VALUE ADDED TAX LAW

Pursuant to Value Added Tax (VAT) Law No. 02/1997/QH9 of May 10, 1997;

Pursuant to the Governments Decree No. 95/2002/ND-CP of November 11, 2002 amending and supplementing Clause 3, Article 1 of the Governments Decree No. 76/2002/ND-CP of September 13, 2002 which amends and supplements a number of articles of Decree No. 79/2000/ND-CP of December 29, 2000 detailing the implementation of the Value Added Tax Law;

The Ministry of Finance hereby guides the amendment of the VAT deduction for purchased goods being unprocessed agricultural, forestry and aquatic products, guided at Point 1, Section IV of Circular No. 82/2002/TT-BTC of September 18, 2002 as follows:

1. Trading and export establishments, which purchase goods being unprocessed agricultural, forestry and aquatic products from sellers who do not have invoices and/or from production establishments which are not liable to VAT at the production stage, but use value added invoices upon the sale thereof, shall not be entitled to the VAT deduction of 1% calculated on the value of the purchased goods inscribed in the goods list and value added invoices.

2. Production and processing establishments, which purchase unprocessed agricultural, forestry and aquatic products from sellers who do not have invoices and/or from production establishments which are not liable to VAT at the production stage, but use value added invoices for the production and/or processing of export goods, shall not be entitled to the VAT deduction of 1% calculated on the value of the purchased goods inscribed in the goods list and value added invoices.

This Circular takes effect as from November 11, 2002.

All guidance on tax deduction for purchased goods being unprocessed agricultural, forestry and aquatic products, which is contrary to the guidance in this Circular, is

In the course of implementation, if meeting with problems, units are requested to report them to the Ministry of Finance for additional guidance.