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

CIRCULAR

Promulgating the Table of registration fee calculation prices for automobiles and motorcycles[1]

Pursuant to the National Assembly’s November 29, 2006 Law No. 78/2006/QH11 on Tax Administration; the National Assembly’s November 20, 2012 Law No. 21/2012/QH13 Amending and Supplementing a Number of Articles of the Law on Tax Administration; and decrees guiding the implementation of the Law on Tax Administration;

Pursuant to November 25, 2015 Law No. 97/2015/QH13 on Charges and Fees;

Pursuant to the Government’s Decree No. 140/2016/ND-CP of October 10, 2016, providing guidance on registration fee;

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

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

At the proposal of the General Director of Taxation,

The Minister of Finance promulgates the Table of registration fee calculation prices for automobiles and motorcycles as follows:

Article 1. Scopes of regulation

1. This Circular promulgates the Table of registration fee calculation prices (below referred to as the Price Table) for new property items, including:

a/ Two-wheeled motorcycles, three-wheeled motorcycles, mopeds (including electric motorbikes) and the like, and hulls, complete frames and complete engines of these vehicles whose replacement is subject to registration with competent state agencies (below collectively referred to as motorcycles);

b/ Automobiles, trailers or semi-trailers pulled by automobiles or the like, and hulls, complete frames and complete engines of these vehicles whose replacement is subject to registration with competent state agencies (below collectively referred to as automobiles).

2. Registration fee calculation prices for used automobiles and motorcycles must comply with the Minister of Finance’s Circular No. 301/2016/TT-BTC of November 15, 2016, on registration fee.

Article 2. Subjects of application

1. Organizations and individuals that have automobiles and motorcycles subject to registration fee upon registration of their ownership or use rights with competent state agencies.

2. Enterprises that manufacture and trade in domestically manufactured or assembled automobiles and motorcycles; and enterprises that trade in imported automobiles and motorcycles.

3. Tax offices at all levels and other related organizations and individuals.

Article 3. Registration fee calculation prices in the Price Table

1. Registration fee calculation prices for automobiles and motorcycles in the Price Table are the real transfer prices in the market under the provisions on registration fee calculation prices for other property items at Point a, Clause 2, Article 6 of the Government’s Decree No. 140/2016/ND-CP of October 10, 2016, on registration fee, as a basis for the formulation of registration fee calculation prices.

2. Registration fee calculation prices in the Price Table shall be determined based on one of the criteria on brand, type, trade name or operating volume of automobiles or motorcycles or volume (tonnage) of cargo permitted to be loaded on automobiles or motorcycles, number of passengers (including the driver) on board automobiles or motorcycles, or country of manufacture of automobiles or motorcycles stated in the Certificate of quality, technical safety and environmental protection, Notice on exemption from inspection of quality, technical safety and environmental protection, or Quality and Type Approval Certificate granted by a Vietnamese register agency.

Article 4. Sources of information used for formulating the Price Table

1. For domestically manufactured or assembled automobiles and motorcycles

a/ Notices on selling prices set by enterprises manufacturing and trading in automobiles and motorcycles;

b/ Information from the database on price;

c/ Updated information on prices in registration fee management systems of tax offices.

2. For imported automobiles and motorcycles

a/ Notices on selling prices set by enterprises trading in imported automobiles and motorcycles;

b/ Information on import duty calculation value, import duty, excise tax, and value-added tax on imported automobiles and motorcycles provided by customs offices;

c/ Information from the database on price;

d/ Updated information on prices in registration fee management systems of tax offices.

Article 5. Modification and supplementation or adjustment of the Price Table

1. The Price Table promulgated by the Ministry of Finance shall be modified and supplemented when some types of automobiles and motorcycles are not yet available therein or when the real transfer prices of automobiles and motorcycles available therein increase or decrease by 20% or more.

2. When receiving information on automobiles and motorcycles not yet  available in the Price Table or when the real transfer prices of automobiles and motorcycles change against the prices in the Price Table, the General Department of Taxation shall base itself on the sources of information provided in Article 4 of this Circular and prices of automobiles and motorcycles in common transactions to consider modifying and supplementing or adjusting the Price Table under Point b, Clause 2, Article 6 of the Government’s Decree No. 140/2016/ND-CP of October 10, 2016.

Article 6. Application of the Price Table

1. Registration fee calculation prices for automobiles and motorcycles are provided in the Price Table promulgated together with this Circular.

In case the real transfer prices of automobiles and motorcycles in the market are lower than the registration fee calculation prices promulgated by the Ministry of Finance, the latter shall apply.

2. At the time of submitting a complete dossier of registration fee declaration, if the real transfer prices of automobiles and motorcycles in the market increase by 20% or more against those stated in the current Price Table or if the registration fee calculation prices are not yet available in the Price Table promulgated by the Ministry of Finance, tax offices shall base themselves on the registration fee calculation prices of automobiles and motorcycles available in the Price Table and the guidance at Point a, Clause 3, Article 3 of the Minister of Finance’s Circular No. 301/2016/TT-BTC of November 15, 2016, to determine the registration fee calculation prices. If some types of automobiles and motorcycles are not yet available in the Price Table promulgated by the Ministry of Finance, the Tax Department concerned shall notify Tax Branches of the registration fee calculation prices for uniform application in the locality.

Within three (3) working days after making registration for an automobile or a motorcycle, the Tax Department concerned shall report to the General Department of Taxation cases where the registration fee calculation price of such automobile or motorcycle is not yet available in the Price Table promulgated by the Ministry of Finance at the time of submitting a complete dossier of registration fee declaration, or where the real transfer price of such automobile or motorcycle in the market increases or decreases by 20% or more against the price stated in the current Price Table, and relevant dossier and documents, if any.

Periodically, the General Department of Taxation shall submit to the Ministry of Finance for promulgation a decision modifying and supplementing or adjusting the Price Table if, at the time of submitting registration fee declarations, registration fee calculation prices of some types of automobiles or motorcycles are not yet available in the Price Table, or the real transfer prices of automobiles and motorcycles increase or decrease by 20% or more against the registration fee calculation prices in the Price Table, under Article 5 of this Circular.

Article 7. Organization of implementation

1. The Price Table promulgated together with this Circular shall apply to automobiles and motorcycles upon registration of their ownership or use rights with competent state management agencies from January 1, 2017.

2. Responsibilities of the General Department of Taxation

a/ To coordinate with related units in formulating the Price Table, managing and operating the database on registration fee calculation prices;

b/ To update and add new prices or adjusted prices of automobiles and motorcycles in the Price Table promulgated by the Ministry of Finance into the database on registration fee calculation prices for automobiles and motorcycles.

Article 8. Effect

This Circular takes effect on January 1, 2017, and applies to dossiers of registration fee declaration submitted to tax offices from January 1, 2017.

In the course of implementation of this Circular, agencies, units, organizations and individuals should promptly report arising problems to the Ministry of Finance for consideration and settlement.

For the Minister of Finance
Deputy Minister
DO HOANG ANH TUAN

* The Price Table promulgated together with this Circular is not translated.-