Circular No. 16/2013/TT-BTC dated February 8, 2013 of the Ministry of Finance guiding the payment extension and reduction of a number of state budget revenues under the Government’s Resolution No. 02/NQ-CP of January 7, 2013, on solutions for removing difficulties for production and business, supporting the market and settling bad debts

THE MINISTRY OF FINANCE

Circular No. 16/2013/TT-BTC of February 8, 2013, guiding the payment extension and reduction of a number of state budget revenues under the Government’s Resolution No. 02/NQ-CP of January 7, 2013, on solutions for removing difficulties for production and business, supporting the market and settling bad debts

Pursuant to November 29, 2006 Law No. 78/2006/QH11 on Tax Administration;

Pursuant to December 16, 2002 Law No. 01/2002/QH11 on the State Budget;

Pursuant to November 26, 2003 Land Law No. 13/2003/QH11;

Pursuant to June 3, 2008 Law No. 13/2008/QH12 on Value-Added Tax;

Pursuant to June 3, 2008 Law No. 14/2008/QH12 on Enterprise Income Tax;

Pursuant to the Government’s Resolution No. 02/NQ-CP of January 7, 2013, on solutions for removing difficulties for production and business, supporting the market and settling bad debts;

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;

At the proposal of the Director General of Taxation;

The Minister of Finance promulgates the Circular guiding the payment extension and reduction of a number of state budget revenues under the Government’s Resolution No. 02/NQ-CP of January 7, 2013, on solutions for removing difficulties for production and business, supporting the market and settling bad debts, as follows:

Chapter I

ENTERPRISE INCOME TAX

Article 1. Extension of enterprise income tax payment

1. To extend the time limit for payment of enterprise income tax (EIT) for 6 months for payable EIT amounts of the first quarter, and for 3 months for payable EIT amounts of the second and third quarters of 2013 for:

a/ Small- and medium-sized enterprises, including independent cost-accounting branches and affiliated units, and cooperatives (with fewer than 200 full-time employees working for the whole year and annual turnover not exceeding VND 20 billion) (below referred to as small- and medium-sized enterprises).

b/ Labor-intensive enterprises (with over 300 employees) engaged in the production, sub-contract production or processing of agricultural, forest and aquatic products, textile and garment, leather footwear or electronic components; and construction of socio-economic infrastructure works (below referred to as labor-intensive enterprises).

c/ Housing investment and trading (sale, lease and lease-purchase) enterprises.

2. Small- and medium-sized enterprises eligible for tax payment extension specified at Point a, Clause 1 of this Article are those fully meeting the labor and turnover criteria and shall be identified as follows:

a/ Method of determining the satisfaction of the labor criterion:

The annual average number of employees (excluding full-time employees of independent cost-accounting branches and affiliated units) used as the basis for determining an enterprise to be small- or medium-sized, which is the total number of employees regularly employed by the enterprise in 2012, excluding those working under under-3-month contracts, must be fewer than 200.

The annual average number of regular employees must be determined according to the Ministry of Labor, War Invalids and Social Affairs’ Circular No. 40/2009/TT-BLDTBXH of December 3, 2009, guiding the method of determining the number of regular employees under the Government’s Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the Investment Law.

For an enterprise established since January 1, 2013, the total number of employees, excluding those working under under-3-month contracts, which is the average number of regular employees working from the date of establishment through March 31, 2013 (if the enterprise is established in the first quarter of 2013), June 30, 2013 (if the enterprise is established in the second quarter of 2013) or September 30, 2013 (if the enterprise is established in the third quarter of 2013), must be fewer than 200.

b/ Method of determining the satisfaction of the turnover criterion:

An enterprise shall be determined as to have earned an EIT-liable turnover not exceeding VND 20 billion in 2012 according to item [01] “turnover from sale/provision of goods/services” in the Appendix on production and business results of the 2012 tax period (enclosed with 2012 EIT finalization declaration No. 03/TNDN - form No. 03-1A/TNDN, issued together with the Ministry of Finance’s Circular No. 28/2011/TT-BTC of February 28, 2011).

For an enterprise established in 2012 and having conducted production and business activities for less than 12 months in 2012, its 2012 turnover must not exceed VND 1.66 billion multiplied (x) by the number of months of conducting production and business in the year.

For an enterprise established in 2013, its turnover must be determined according to item [21] “turnover earned in the period” in the temporarily calculated ETI declaration - form No. 01A/TNDN or No. 01B/TNDN (issued together with the Ministry of Finance’s Circular No. 28/2011/TT-BTC of February 28, 2011). If the enterprise is established in the first quarter of 2013, its turnover determined in the tax declaration of the first quarter of 2013 must not exceed VND 1.66 billion multiplied (x) by the number of months of conducting production and business activities in the quarter.  If the enterprise is established in the second quarter of 2013, its turnover determined in the tax declaration of the second quarter of 2013 must not exceed VND 1.66 billion multiplied (x) by the number of months of conducting production and business activities in the quarter. If the enterprise is established in the third quarter of 2013, its turnover determined in the tax declaration of the third quarter of 2013 must not exceed VND 1.66 billion multiplied (x) by the number of months of conducting production and business activities in the quarter.    

c/ For an enterprise organized after the model of parent company-subsidiaries, if these companies satisfy the labor criterion (employing fewer than 200 full-time employees), earn a turnover not exceeding VND 20 billion in 2012 and do not operate in the sectors ineligible for EIT payment extension, they will be eligible for tax payment extension.

d/ The extension of EIT payment prescribed at Point a, Clause 1 of this Article does not apply to:

- Financial, banking, insurance, securities, lottery and prized game businesses; traders/providers of excise tax-liable goods/services.

Small- or medium-sized enterprises which do not operate in the finance or banking sector but in a tax period earn other incomes from financial activities such as bank deposit or loan interests will also be eligible for extension of payment of tax on these incomes.

- Economic organizations being non-business units.

3. Labor-intensive enterprises (including the number of employees of branches and affiliated units) operating in the sectors eligible for tax payment extension as guided at Point b, Clause 1 of this Article include:

a/ Enterprises established before January 1, 2013, with a total average number of regular employees exceeding 300 in 2012, excluding those working under under-3-month contracts.

The annual average number of regular employees must be determined according to the Ministry of Labor, War Invalids and Social Affairs’ Circular No. 40/2009/TT-BLDTBXH of December 3, 2009, guiding the method of calculating the number of regular employees under the Government’s Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the Investment Law.

For an enterprise established since January 1, 2013, total number of employees, excluding those working under under-3-month contracts, which is the average number of regular employees working from the date of establishment through March 31, 2013 (if the enterprise is established in the first quarter of 2013), June 30, 2013 (if the enterprise is established in the second quarter of 2013) or September 9, 2013 (if the enterprise is established in the third quarter of 2013), must be over 300.

For an enterprise organized after the model of parent company-subsidiaries, the number of employees used as the basis for determining the parent company’s eligibility for tax payment extension does not include the number of employees of its subsidiaries, and vice versa.

b/ The EIT amount eligible for payment extension is the tax amount on incomes from production, sub-contract production or processing of agricultural, forest and aquatic products, textile and garment, leather footwear, or electronic components; and construction of socio-economic infrastructure works.

c/ Production, sub-contract production and processing of agricultural, forest or aquatic products, textile and garment, leather footwear (including leather shoes and sandals), and electronic components must be determined based on Vietnam’s system of economic sectors promulgated together with the Prime Minister’s Decision No. 10/2007/QD-TTg of January 23, 2007.

d/ Construction of socio-economic infrastructure works includes construction and installation of water plants, power plants, electricity transmission and distribution works; water supply and drainage systems; roads, railways; airports, seaports, river ports; airfields, railway stations and bus stations; building of schools, hospitals, cultural houses, cinemas, art performance facilities, sports training and competition centers; wastewater and solid waste treatment systems; information and communication works and irrigation works serving agricultural, forestry or fishery production.

4. Housing investment and trading (sale, lease or lease-purchase) enterprises are eligible for extension of the payment of tax on incomes from housing investment and trading activities, regardless of their size and number of employees.

Article 2. Determination of EIT amounts eligible for payment extension

1. The payable EIT amounts of the first, second and third quarters of 2013 of enterprises eligible for tax payment extension are the temporarily calculated EIT amounts of the first, second and third quarters of 2013.

2. The EIT amounts eligible for payment extension must be determined according to enterprises’ business accounting results, provided that enterprises separately account incomes from business activities eligible for tax payment extension.

3. An enterprise which earns income from production and business activities both eligible and ineligible for tax payment extension shall separately account incomes from business activities eligible and ineligible for tax payment extension for separate tax declaration and payment. If the enterprise cannot account these incomes separately, the temporarily calculated EIT amounts of the first, second and third quarters on incomes from production and business activities eligible for tax payment extension must be determined according to the proportion of turnover from production and business activities eligible for tax payment extension to total turnover.

Article 3. Extended duration for EIT payment

Enterprises shall declare EIT amounts to be temporarily paid on a quarterly basis in 2013 according to the Law on Tax Administration. The duration of tax payment extension is 6 months from the tax payment deadline prescribed in the Law on Tax Administration, for payable EIT amounts of the first quarter of 2013, or 3 months from the tax payment deadline, for payable EIT amounts of the second and third quarters of 2013. For enterprises applying the calendar tax year, the extended deadlines for tax payment are specified as follows:

1. The extended deadline for payment of the temporarily paid tax amount eligible for payment extension of the first quarter of 2013 is October 30, 2013.

2. The extended deadline for payment of the temporarily paid tax amount eligible for payment extension of the second quarter of 2013 is October 30, 2013.

3. The extended deadline for payment of the temporarily paid tax amount eligible for payment extension of the third quarter of 2013 is January 30, 2014.

4. In case the tax payment deadline specified in Clause 1, 2 or 3 of this Article falls on a law-prescribed holiday, the extended deadline for tax payment will be the subsequent working day.

Article 4. Tax payment extension conditions, order and procedures

1. Enterprises eligible for EIT payment extension specified in Article 1 of this Circular are those established and operating under Vietnam’s law; implement the law-prescribed accounting, invoice and voucher regimes and pay tax as declared.

2. Enterprises eligible for tax payment extension specified in Article 1 of this Circular shall make Appendix 1 to this Circular (not translated) clearly stating their eligibility for EIT payment extension and EIT amounts eligible for payment extension, and send it together with the declarations of EIT amounts temporarily calculated on a quarterly basis and eligible for payment extension to their managing tax offices.

3. Enterprises will be neither regarded as committing violations of late tax payment nor fined for late tax payment during the period of tax payment extension.

Chapter II

VALUE-ADDED TAX

Article 5. Extension of value-added tax payment

1. To extend the value-added tax (VAT) payment time limit for 6 months for payable VAT amounts of January, February and March of 2013 (excluding VAT amounts at the import stage) of the following enterprises which pay VAT by the credit method:

a/ Small- and medium-sized enterprises, including cooperatives (with fewer than 200 full-time employees and annual turnover not exceeding VND 20 billion), excluding financial, banking, insurance, securities, lottery and prized game businesses and producers/providers of excise tax-liable goods/services (below referred to as small- and medium-sized enterprises).

b/ Labor-intensive enterprises (with over 300 employees) engaged in the production, sub-contract production or processing of agricultural, forest and aquatic products, textile and garment, leather footwear or electronic components; and construction of socio-economic infrastructure works (below referred to as labor-intensive enterprises).

c/ Housing investment and trading (sale, lease or lease-purchase) enterprises and iron, steel, cement, brick and roof title manufacturers.

2. Small- and medium-sized enterprises specified at Point a, Clause 1 of this Article are those fully meeting the labor and turnover criteria and shall be determined as follows:

a/ Method of determining the satisfaction of the labor criterion:

The annual average number of employees (excluding full-time employees of independent cost-accounting branches and affiliated units) used as the basis for determining an enterprise to be small- or medium-sized, which is the total number of employees regularly employed by the enterprise by in 2012, excluding those working under under-3-month contracts, must be fewer than 200.

The annual average number of regular employees must be determined according to the Ministry of Labor, War Invalids and Social Affairs’ Circular No. 40/2009/TT-BLDTBXH of December 3, 2009, guiding the method of determining the number of regular employees under the Government’s Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the Investment Law.

For an enterprise established since January 1, 2013, the total number of employees, excluding those working under under-3-month contracts, must be calculated from the date of establishment through March 31, 2013 (if the enterprise is established in January 2013), February 28, 2013 (if the enterprise is established in February 2013) or March 31, 2013 (if the enterprise is established in March 2013).

b/ Method of determining the satisfaction of the turnover criterion:

An enterprise shall be determined to have earned a turnover not exceeding VND 20 billion in 2012 according to item [34] (total turnover from goods sold and services provided, including turnover liable and not liable to VAT) in the monthly tax declarations (form No. 01/GTGT issued together with the Ministry of Finance’s Circular No. 28/2011/TT-BTC of February 28, 2011) from January to the end of December 2012.

For an enterprise established in 2012 and having conducted production and business activities for less than 12 months in 2012 or an enterprise established in January, February or March 2013, the turnover criterion must be determined as follows: total turnover in item [34] (turnover from goods sold and services provided, including VAT-liable turnover and turnover not liable to VAT) of VAT declarations of months of conducting production and business activities, which must not exceed VND 1.66 billion, multiplied by the number of months of conducting production and business activities.

c/ Branches or affiliated units of a small- or medium-sized enterprise which are based outside the province or centrally run city where the enterprise is headquartered (excluding units which are engaged in construction or installation activities or mobile sale business and declare temporarily calculated VAT at the rate of 1% or 2%) and declare VAT directly to their managing tax offices will also be eligible for VAT payment extension.

The enterprise shall make a list of its branches and affiliated units (clearly stating the name, address, tax identification number, number of employees and operation sectors of each branch) and notify such list to the tax offices managing its branches and affiliated units. The enterprise shall take responsibility before law for the accuracy of the list of branches and affiliated units sent to the tax offices.

d/ The 6-month extension of VAT payment specified at Point a, Clause 1 of this Article does not apply to:

d.1/ Financial, banking, insurance, securities, lottery and prized game businesses; producers/providers of excise tax-liable goods/services.

d.2/ Economic organizations being non-business units.

3. Labor-intensive enterprises (with over 300 employees) (including employees of branches and affiliated units) operating in the sectors eligible for VAT payment extension as guided at Point b, Clause 1 of this Article include:

a/ Enterprises established before January 1, 2013, with a total average number of regular employees exceeding 300 in 2012, excluding those working under under-3-month contracts.

For an enterprise established since January 1, 2013, the total number of employees, excluding those working under under-3-month contracts, must be calculated from the date of establishment to January 31, 2013 (if the enterprise is established in January 2013), February 28, 2013 (if the enterprise is established in February 2013), or March 31, 2013 (if the enterprise is established in March 2013).

Production, sub-contract production and processing of agricultural, forest or aquatic products, textile and garment, leather footwear (including also leather shoes and sandals), and electronic components specified at Point b, Clause 1 of this Article must be determined based on Vietnam’s system of economic sectors promulgated together with the Prime Minister’s Decision No. 10/2007/QD-TTg of January 23, 2007.

Construction of socio-economic infrastructure works specified at Point b, Clause 1 of this Article includes construction and installation of water plants, power plants, electricity transmission and distribution works; water supply and drainage systems; roads, railways; airports, seaports, river ports; airfields, railway stations and bus stations; building of schools, hospitals, cultural houses, cinemas, art performance facilities, sports training and competition centers; wastewater and solid waste treatment systems; information and communication works and irrigation works serving agricultural, forestry or fishery production.

b/ In case a labor-intensive enterprise is also engaged in production or business activities ineligible for VAT payment extension, the VAT amounts eligible for payment extension shall be determined as follows:

c/ Branches and affiliated units of a labor-intensive enterprise which are based outside the province or centrally run city where the enterprise is headquartered and declare VAT directly to their managing tax offices (excluding units which are engaged in construction and installation activities or mobile sale business outside their provincial-level localities and declare temporarily calculated VAT at the rate of 1% or 2%)) will also be eligible for VAT payment extension if they operate in the production and business sectors eligible for VAT payment extension.

Branches and affiliated units which do not operate in the production and business sectors eligible for VAT payment extension will be ineligible for VAT payment.

The enterprise shall make a list of its branches and affiliated units (clearly stating the name, address, tax identification number, number of employees and operation sectors of each branch) and send such list to the tax offices managing its branches and affiliated units. The enterprise shall take responsibility before law for the accuracy of the list of branches and affiliated units sent to the tax offices.

4. Housing investment and trading (sale, lease or lease-purchase) enterprises and of iron, steel, cement, brick or roof tiles manufacturers (regardless of their size and number of employees) eligible for VAT payment extension as guided at Point c, Clause 1 of this Article are identified as follows:

a/ The VAT amount eligible for payment extension is the VAT amount payable for products being houses, iron, steel, cement, bricks or roof tiles.

For enterprises which also produce or trade in products other than those eligible for VAT payment extension, the monthly VAT amount eligible for payment extension is determined as follows:

b/ Branches and affiliated units of a housing investment and trading (sale, lease or lease-purchase) enterprise or an iron, steel, cement, brick or roof tile manufacturer, which are based outside the province or centrally run city where the enterprise is headquartered and declare VAT separately to their managing tax offices shall also follow the guidance at Point a of this Clause to determine the payable VAT amounts for products being houses, iron, steel, cement, bricks and roof tiles.

5. Other guidance

a/ Enterprises eligible for VAT payment extension as guided in this Article shall declare and submit VAT declarations of January, February and March 2013 according to regulations but are not required to immediately pay the payable VAT amounts stated in the VAT declarations.

- The deadline for payment of VAT for January 2013 is August 20, 2013.

- The deadline for payment of VAT for February 2013 is September 20, 2013.

- The deadline for payment of VAT for March 2013 is October 21, 2013.

b/ Enterprises shall themselves determine and declare their eligibility for VAT payment extension and VAT amounts eligible for payment extension in Appendix 2 to this Circular (not translated) and send it together with their VAT declarations of the months eligible for tax payment extension.

An enterprise which has submitted the VAT declarations of January, February and March of 2013 but not yet filled out the above-mentioned Appendix 2 shall make and send it to the tax office. The enterprise will not be fined for late tax payment for the period of tax payment extension.

c/ An enterprise which is eligible for the VAT payment extension as guided in this Article but has declared and paid the payable VAT amount of January 2013 shall make additional declaration. After making additional declaration, the overpaid tax amount, if any, will be offset against the payable VAT amount for other activities or the payable VAT amount of the subsequent tax period or be refunded according to regulations.

Chapter III

LAND RENTS AND LAND USE LEVIES

Article 6. Reduction of land rents

1. Eligible subjects

a/ Economic organizations (including non-business units with revenues and cooperatives), households and individuals that rent land from the State with annual payment of land rents since December 31, 2010, use land for proper purposes, have their land rent rate adjusted in 2011 under the Government’s Decree No. 121/2010/ND-CP of December 3, 2010, and have the payable land rents for 2013 and 2014 exceeding twice the payable level of 2010.

The land rent used as a basis for reduction consideration under Resolution No. 02/NQ-CP and this Circular is the payable land rent of the year, inclusive of compensation and support expenses allowed to be subtracted from the payable land rent as prescribed by law.

b/ For economic organizations, households and individuals specified at Point a of this Clause eligible for reduction of land or water surface rents of 2013 and 2014 under other regulations, if their payable land rent, after being reduced under those regulations, still exceeds twice the payable amount of 2010, they will also be eligible for reduction of the payable land rents of 2013 and 2014 under this Circular.

c/ Economic organizations eligible for reduction of land rents of 2012 under the Prime Minister’s Decision No. 2093/QD-TTg of November 23, 2011, and the Ministry of Finance’s Circular No. 83/2012/TT-BTC of May 23, 2012, but having not yet enjoyed such reduction because they fail to satisfy dossier- and procedure-related requirements prescribed in Circular No. 83/2012/TT-BTC.

These organizations will also be considered for further reduction of payable land rents of 2012, if they send official requests to their managing tax offices as guided in Clause 3 of this Article.

d/ Those which use land rented from the State since December 31, 2010, without sufficient land lease documents as prescribed by the land law, have committed no violation of regulations on land use management, and have their payable land rents of 2010 temporarily calculated by tax offices according to the land rent rate specified in the Government’s Decree No. 142/2005/ND-CP of November 14, 2010, and their payable land rents of 2011 temporarily calculated according to the land rent rate specified in Decree No. 121/2010/ND-CP of December 3, 2010, if they have the temporarily calculated payable land rents of 2013 and 2014 exceed twice the payable amounts of 2010.

2. Organizations, households and individuals specified in Clause 1 of this Article are eligible for a 50% (fifty percent)-reduction of the payable land rents of 2013 and 2014. If, after being reduced, the payable land rents of 2013 and 2014 still exceeds twice the payable amount of 2010, these rents will be further reduced to equal 2 times the payable land rent of 2010.

3. Order, procedures and competence for reduction of land rents:

a/ Economic organizations, households and individuals eligible for land rent reduction specified in Clause 1 of this Article shall make a request for land rent reduction according to the form provided in Appendix 3 to this Circular (not translated) and send it to their managing tax offices for reduction consideration.

b/ Based on the requests of entities renting land from the State, managing tax offices shall examine their dossiers and make a list of eligible entities, consult provincial-level Finance Departments and natural resources and environment agencies of the same level and submit such list to the People’s Committees of the same level for approval. On this basis, the tax offices shall issue decisions on land rent reduction according to their competence as prescribed in Article 16 of the Government’s Decree No. 142/2005/ND-CP of November 14, 2005, and amending or supplementing documents (if any).

For entities using land rented from the State without sufficient land rent documents and having their payable land rents temporarily calculated by tax offices, the tax offices shall adjust their payable land rents (temporarily calculated) of 2013 and 2014, and issue notices of payment of land rents at the level of 2 times their payable land rents of 2010. After these entities complete all land rent procedures according to regulations, the tax offices shall issue decisions on land rent reduction. The reducible land rent amounts stated in those decisions are the temporarily reduced under this Circular.

c/ Pending the approval of provincial-level People’s Committees (for economic organizations) or district-level People’s Committees (for households and individuals), economic organizations, households and individuals specified in Clause 1 of this Article shall temporarily pay land rents at the level equal to the payable land rent amount of 2010.

Article 7. Land use levies

1. For projects using land allocated by the State for building houses for sale, lease or commercial transfer of infrastructure and paying land use levies, if investors have received land but not yet paid land use levies due to financial difficulties such as suffering a loss by December 31, 2012, paying costs higher than turnover due to great inventories or having great investment expenses but not yet earned any turnover from the sale of goods, these investors may pay land use levies within 24 months from the land use levy payment deadline stated in the first-time notices issued by tax offices or documents issued by competent state agencies without being fined for late payment during this period.

2. Investors of projects that have not paid land use levies due to financial difficulties specified in Clause 1 of this Article shall make written requests according to the form provided in Appendix 4 to this Circular (not translated) and send them together with relevant documents to the tax administration offices to which units declare and pay EIT. On the basis of received dossiers, tax offices shall make a list of eligible entities and consult provincial-level Finance Departments and Construction Departments and report such list to provincial-level People’s Committees for subsequent submission to the standing bodies of provincial-level People’s Councils for consideration and making decision based on their local budget balancing capacity.

In these cases, when declaring EIT temporarily calculated on a quarterly basis, investors shall declare and pay land use levies corresponding to the declared incomes according to the form provided in Appendix 5 to this Circular (not translated). The payable land use levy amount is determined according to the land use levy amount the investors have collected under signed real estate transfer contracts. In case these contracts do not specify land use levy amounts, investors shall pay land use levies according to the proportion of the total land use levy amount payable to the state budget to its total turnover from real estate transfer.

3. For projects which are currently permitted to pay land use levies according to implementation schedules under Resolution No. 33/2008/NQ-CP and the Ministry of Finance’s Circular No. 192/2009/TT-BTC of October 1, 2009, and projects currently eligible for extension of land use levy payment under Resolution No. 13/2012/NQ-CP and the Ministry of Finance’s Circular No. 83/2012/TT-BTC of May 23, 2012:

- In case the period from the deadline for land use levy payment stated in the first-time notice of land use levy payment issued by the tax office or the document issued by a competent state agency to the land use levy payment deadline stated in the extension decision issued by a competent state agency remains less than 24 months, investors shall pay the remaining payable land use levy amount (if any) according to Clause 1 of this Article for the remaining period.

- In case the period from the deadline for land use levy payment stated in the first-time notice of land use levy payment issued by the tax office or the document issued by a competent state agency to the land use levy payment deadline stated in the payment extension decision issued by a competent state agency has exceeded 24 months, investors shall immediately pay the remaining payable land use levy amount (if any) and be fined for late payment according to regulations.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 8. Effect

This Circular takes effect on March 25, 2013.

Article 9. Implementation responsibility

1. Provincial-level People’s Committees shall direct their functional agencies in strictly complying with the Government’s regulations and the Ministry of Finance’s guidance.

2. Tax offices of all levels shall disseminate, and guide organizations and individuals in complying with, this Circular.

3. Organizations and individuals governed by this Circular shall comply with the guidance in this Circular.

Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for study and settlement.-

For the Minister of Finance
Deputy Minister
DO HOANG ANH TUAN