Circular No. 304/2016/TT-BTC dated November 15, 2016 of the Ministry of Finance on promulgation of list of prices for automobiles and motorbikes on which registration fees are imposed

THEMINISTRY OF FINANCE 

Circular No.304/2016/TT-BTCdated November 15, 2016of the Ministry of Finance onpromulgation of list of prices for automobiles and motorbikes on which registration fees are imposed

Pursuant tothe Law on Tax administrationNo.78/2006/QH11dated November 29, 2006 by theNational Assembly; theLaw on amendments toa number of articles ofthe Law on Tax administrationNo.21/2012/QH13dated November 20, 2012 by theNational Assemblyand the guiding decrees thereof;

Pursuant to the Law on Fees and Charges No.97/2015/QH13dated November 25, 2015;

Pursuant to the Decree No.140/2016/ND-CPdated October 10, 2016 by the Government providing guidance onregistration fees;

Pursuant to the Decree No.177/2013/ND-CPdated November 14, 2013 by the Government detailing and guiding the implementation of a number of articles of the Law on Pricing; the Decree No.149/2016/ND-CPdated November 11, 2016 amending and supplementing a number of articles of the Decree No.177/2013/ND-CPdated November 14, 2013 by the Government detailing and guiding the implementation of a number of articles of the Law on Pricing;

Pursuant to Decree No. 215/2013/ND-CP dated December 23, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

At the request of the Director of the General Department of Taxation,

TheMinister of Financehereby promulgates the List of prices forautomobiles and motorbikeson which registration fees are imposed as follows:

Article 1. Scope ofadjustment

1.This Circular promulgates the List of prices for new properties on which registration fees are imposed (hereinafter referred to as the “Price list”), including:

a) Two-wheeled and three-wheeled motorbikes, mopeds (including electric motorbikes) and similar vehicles, collectively referred to as motorbikes, and their chassis and bodywork, the replacement of which is subject to registration withcompetent authorities;

b)Automobiles, trailer trucks or semi-trailer trucks and similar vehicles, collectively referred to as automobiles, and their chassis and bodywork which are replaced and subject to registration with competent authorities.

2.Prices for used automobiles and motorbikes upon which registration fees are imposed are specified in the Circular No.301/2016/TT-BTCdated November 15, 2016 bythe Minister of Finance.

Article 2.Subject of application

1.Any organization or individual having an automobile or motorbike on which registration fee is imposed upon its registration with a competent authority.

2.Any enterprise manufacturing and/or trading in domestic automobiles and/or motorbikes; enterprise trading in imported automobiles and/or motorbikes.

3.Tax authorities of all levels and relevant organizations and individuals.

Article 3. Prices on which registration fees are imposed specified on the price list

1.The prices for automobiles and motorbikes on which registration fees are imposed which are specified on the price list are their market prices according to regulations on the prices for other properties on which registration fees are imposed mentioned in point a clause 2 Article 6 of the Decree No.140/2016/ND-CPdated October 10, 2016 by the Governmentas the basis forestablishment of the price serving the calculation of registration fees.

2.The prices on which registration fees are imposed are determined according to makes, models or thetrade names, the displacement or the payload of the vehicles (including the drivers), the production countries of the automobiles/motorbikes on the Certificate oftechnical safety and qualityandenvironmentalsafety or the Notification of exemption from assessment oftechnical safety and qualityandenvironmentalsafety or theCertificate of type approvalissued by Vietnam Register.

Article 4. Sources of information serving the establishment of the Price list

1.Regarding automobiles and motorbikes domestically manufactured and assembled

a) Notifications of the selling prices submitted by enterprises manufacturing and trading in automobiles and motorbikes;

b) Information from pricedatabase;

c) Information about prices updated on the system of management ofregistration fees formulated by tax authorities;

2.Regarding imported automobiles and motorbikes

a) Notificationsof the selling pricesof enterprisestrading inimportedautomobiles and motorbikes;

b) Information about thevaluesfor calculation of import duties, the import duties, thespecial excise dutyand the VAT applicable to imported automobiles and motorbikes provided bycustoms authorities;

c) Informationextractedfrom price database;

d) Information about pricesupdated on the system of management of registration feesof tax authorities;

Article 5. Amending the price list

1.The Price list shall be amended upon the addition of an automobile or a motorbike to the Price list or the actual price for any automobile and motorbike on the Price list issued bythe Ministry of Financewhich increases or decreases by at least 20%.

2.When receiving information about automobiles and motorbikes other than those specified on the Price list or the adjustment to price of automobiles/motorbikes on the Price list, theGeneral Department of Taxationshall, depending on the sources of information specified in Article 4 of this Circular and the market price of automobiles and motorbikes, consider amending the Price list according to regulations in point b clause 2 Article 6 of the Decree No.140/2016/ND-CPdated October 10, 2016 by the Government.

Article 6. Application of the price list

1.The prices for automobiles and motorbikes on whichregistration fees are imposed are specified on the Price list enclosed with this Circular.

If the market price for an automobile or motorbike is lower than that on the Price list, then the latter shall apply.

2.When the declaration ofregistration feehas been fully submitted, if the market price of an automobile/motorbike increases by 20% in comparison with the applicable Price list or such vehicle is not specified on the Price list, then the Tax authority shall, depending on the prices for automobiles and motorbikes on which registration fees are imposed on the Price list and the guidelines in point a clause 3 Article 3 of the Circular No.301/2016/TT-BTCdated November 15, 2016 bythe Minister of Finance, determine the prices on which registration fees are imposed. If the involving automobile/motorbike is not included on the Price list issued bythe Ministry of Finance, ProvincialDepartmentsof Taxationshall notify the prices on which registration fees are imposed to Sub-departments of Taxation for consistent application in its provinces.

Within 03 working days from the day on which the automobile/motorbike is registered, theDepartment of Taxationof the province shall sendGeneral Department of Taxationa report on cases where an automobile/motorbike is not included on the Price list issued bythe Ministry of Financeor where the price increases/decreases by 20% or more in comparison with the applicable Price list arising in its province by the time of submission of the declaration of registration fee and the relevant documents (if any).

Periodically,General Department of Taxationshall requestthe Ministry of Financeto issue the Decision on amendments to the Price list to apply to the aforementioned cases according to regulations in Article 5 of this Circular.

Article 7.Implementation organization

1.The List of prices for automobiles and motorbikes on which registration fees are imposed enclosed with this Circular applies to automobiles and motorbikes applying for registration of the right to ownership and/or theright to enjoymentwith competent authorities from January 01, 2017.

2. Responsibilities of General Department of Taxation

a) Cooperate with responsible units in establishing the Price list, managing and using thedatabaseon prices on which registration fees are imposed.

b) TheGeneral Department of Taxationshall update and add the prices of automobiles and motorbikes which are not on the current Price list or which have the price adjusted to the database on prices for automobiles and motorbikes on which the registration fees are imposed.

Article 8. Effect

This Circular takes effect on January 01, 2017 and applies to declarations of registration fees, which are submitted to tax authorities from January 01, 2017.

Any difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for solution./.

For the Minister

The Deputy Minister

Do Hoang Anh Tuan