VietnameseCircular No. 237/2009/TT-BTC dated December 18, 2009 of the Ministry of Finance guiding the imposition of import duty and value-added tax on materials or machinery imported under processing or export production contracts which are damaged due to objective causes such at-natural disasters, fires or unexpected accidents
ATTRIBUTE
Circular No. 237/2009/TT-BTC dated December 18, 2009 of the Ministry of Finance guiding the imposition of import duty and value-added tax on materials or machinery imported under processing or export production contracts which are damaged due to objective causes such at-natural disasters, fires or unexpected accidents
| Issuing body: | Ministry of Finance | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 237/2009/TT-BTC | Signer: | Do Hoang Anh Tuan |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 18/12/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Customs , Export - Import , Tax - Fee - Charge |
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MINISTRY OF FINANCE ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No. 237/2009/TT-BTC | Hanoi, December 18, 2009 |
DECREE
GUIDING THE IMPOSITION OF IMPORT DUTY AND VALUE-ADDED TAX ON MATERIALS OR MACHINERY IMPORTED UNDER PROCESSING OR EXPORT PRODUCTION CONTRACTS WHICH ARE DAMAGED DUE TO OBJECTIVE CAUSES SUCH AT-NATURAL DISASTERS, FIRES OR UNEXPECTED ACCIDENTS
THE MINISTRY OF FINANCE
Pursuant to June 14, 2005 Law Nqj45/2005/ QH11 on Import Duty and Export Duty;
Pursuant to the Government's Decree No. 149/2005/ND-CP of December 8, 200Xdetailing the Law on Import Duty and Export Bitty;
Pursuant to the Government's Decree No. 118/2008/ND-CP of November 2 7, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance; m%
Pursuant to the Government Office’ s Official Letter No. 2927/VPCP-KTTH of May 8, 2009, notifying the Prime Minister's opinion^ on the imposition of import duty and value folded tax on materials or machinery imported under processing or export production commits which are damaged due to objective causes such as natural disasters, fires or unexpected accidents;
The Ministry of Finance guides the exemption from, reduction or non-collection of import duty and value-added tax on materials, machinery or equipment imported under processing or export production contracts which are damaged by natural disasters, fires or unexpected accidents as follows:
Article 1. Scope of regulation
This Circular guides the exemption from, reduction or non-collection of, import duty and value-added tax on materials, machinery or equipment imported under processing or export production contracts which are damaged by natural disasters, fires or unexpected accidents.
Article 2. Objects eligible and conditions for import duty and value-added tax exemption, reduction or non-collection
Materials, machinery or equipment imported under processing or export production contracts and damaged by natural disasters, fires or unexpected accidents which satisfy all the following conditions:
- They have gone through customs procedures while functional agencies have identified the ratio of damage and that the damage is caused by natural disasters, fires or unexpected accidents;
- Customs and tax offices have examined their accounting books and documents as well as relevant papers, certifying that materials, machinery equipment have been imported but actually neither sold in the Vietnamese market nor exported abroad because they are damaged by natural disasters, fires or unexpected accident-*?-
In case imported materials, machinery or equipment damaged by natural disasters, fires or unexpected accidents are insured and insurers have paid compensation, including import duty and value-added tax, they will be ineligible for import duty and value-added tax exemption, reduction or non-collection.
Article 3. Import duty and value-added tax amounts to be exempted, reduced or not collected
1. To exempt import duty and not to collect value-added tax on imported materials, machinery or equipment which are wholly damaged and no longer usable.
2. To reduce import duty and value-added tax based on the ratio of damage of imported materials, machinery or equipment which are partially damaged or remain usable.
Article 4. Dossiers of import duty and value-added tax exemption, reduction or non-collection
1. An official letter of request for exemption from, reduction or non-collection of, import duty and value-added tax on damaged materials, machinery or equipment imported under processing or export production contracts, indicating the causes of damage, ratio of damage, duty/tax amounts requested to be exempted or reduced, and undertaking to take responsibility before law for the declaration;
2. A customs dossier specified in Article 11 of the Finance Ministry's Circular No. 79/2009/ TT-BTC of April 20, 2009, guiding customs procedures, inspection and supervision; import duty and export duty; and tax administration for imports and exports;
3. Records certifying the causes of damage, made by functional agencies in the locality where the damage is caused, such as a fire certification record made by the fire prevention and fighting agency of the locality where the fire occurs; the provincial-level People's Committee's written certification of the damage caused by the natural disaster, storm or flood to imported materials, machinery or equipment;
4. The assessment service provider's written certification of the quantity of the lost imported materials, machinery or equipment or the actual damage ratio of imported goods;
5. The enterprise's commitment that it has not bought insurance for the damaged goods lots. In case the insurance policy does not cover tax-related compensation, the insurer's certification
as well as insurance policy and relevant documents are required;
as well as insurance policy and relevant documents are required;
6. Other relevant papers;
7. List of documents and dossiers of request for duty/tax exemption, reduction or non-
collection.
collection.
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