Circular No. 81/2018/TT-BTC dated August 28, 2018 of the Ministry of Finance on amending and supplementing the Ministry of Finance’s Circular No. 83/2016/TT-BTC of June 17, 2016, guiding the application of investment incentives in accordance with the Law on Investment and the Government’s Decree No. 118/2015/ND-CP of November 12, 2015, detailing and guiding the implementation of a number of articles of the Law on Investment

CIRCULAR

Amending and supplementing the Ministry of Finance’s Circular No. 83/2016/TT-BTC of June 17, 2016, guiding the application of investment incentives in accordance with the Law on Investment and the Government’s Decree No. 118/2015/ND-CP of November 12, 2015, detailing and guiding the implementation of a number of articles of the Law on Investment^[1]

Pursuant to November 26, 2014 Law No. 67/2014/QH13 on Investment;

Pursuant to April 6, 2016 Law No. 107/2016/QH13 on Import Duty and Export Duty;

Pursuant to June 3, 2008 Law No. 14/2008/QH12 on Enterprise Income Tax, and June 19, 2013 Law No. 32/2013/QH13 Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax;

Pursuant to November 26, 2014 Law No. 71/2014/QH13 Amending and Supplementing a Number of Articles of the Laws on Taxes;

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

Pursuant to June 17, 2010 Law No. 48/2010/QH12 on Non-Agricultural Land Use Tax;

Pursuant to the Government’s Decree No. 134/2016/ND-CP of September 1, 2016, detailing and guiding the implementation of a number of articles of the Law on Import Duty and Export Duty;

Pursuant to the Government’s Decree No. 118/2015/ND-CP of November 12, 2015, detailing and guiding the implementation of a number of articles of the Law on Investment;

Pursuant to the Government’s Decree No. 87/2017/ND-CP of July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Tax Policy Department,

The Minister of Finance promulgates the Circular amending and supplementing the Ministry of Finance’s Circular No. 83/2016/TT-BTC of June 17, 2016, guiding the application of investment incentives in accordance with the Law on Investment and the Government’s Decree No. 118/2015/ND-CP of November 12, 2015, detailing and guiding the implementation of a number of articles of the Law on Investment.

Article 1.To amend and supplement Clause 5, Article 7 of Circular No. 83/2016/TT-BTC as follows:

“5. Investment projects which have been granted investment licenses, investment certificates or papers of equivalent legal validity by competent state agencies before July 1, 2015, and domestic investment projects which have an investment capital of under VND 15 billion and started  before July 1, 2015, may enjoy tax incentives (enterprise income tax, import duty and non-agricultural land use tax) in accordance with legal documents effective before July 1, 2015, and investment incentives in accordance with Article 3 of Decree No. 118/2015/ND-CP.”

Article 2.Organization of implementation

1. This Circular takes effect on October 12, 2018.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Finance for appropriate amendment and supplementation.-

For the Minister of Finance
Deputy Minister
VU THI MAI