Decision No. 41/2002/QD-TTg dated March 18, 2002 of the Prime Minister against the under-collection of Value Added Tax and enterprise income tax through sale prices in car and motorbike business activities

DECISION

AGAINST THE UNDER-COLLECTION OF VALUE ADDED TAX AND ENTERPRISE INCOME TAX THROUGH SALE PRICES IN CAR AND MOTORBIKE BUSINESS ACTIVITIES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Value Added Tax Law No. 02/1997/QH9 of May 10, 1997;

Pursuant to the Enterprise Income Tax Law No. 03/1997/QH9 of May 10, 1997;

At the proposal of the Minister of Finance,

DECIDES:

Article 1.-Establishments trading in cars and motorbikes, which inscribe in the sale invoices to be handed over to consumers the sale prices lower than the actual sale prices on the market, shall have to pay value added tax and enterprise income tax arrears calculated according to the sale prices as prescribed in Article 2 of this Decision; and at the same time, be sanctioned for their violations according to the current law provisions.

Article 2.-The sale prices which serve as basis for calculating the to be-retrospectively-collected value added tax and enterprise income tax arrears shall be determined according to the table of cars and motorbikes minimum prices for the calculation of registration fee as stipulated by the People’s Committees of the provinces and centrally-run cities (value added tax is not included in the prices).

Article 3.-This Decision takes implementation effect 15 days after its signing.

Article 4.-The Minister of Finance shall guide the implementation of this Decision.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision.