VietnameseConsolidated Text 23/VBHN-VPQH 2022 of the Law on Royalties
ATTRIBUTE
| Issuing body: | Office of the National Assembly | Effective date: | Updating |
| Official number: | 23/VBHN-VPQH | Signer: | Bui Van Cuong |
| Type: | Consolidated Text | Expiry date: | Updating |
| Issuing date: | 29/12/2022 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Tax - Fee - Charge , Natural Resources - Environment |
CONSOLIDATED TEXT - THE OFFICE OF THE NATIONAL ASSEMBLY |
THE SOCIALIST REPUBLIC OF VIETNAM |
LAW ON ROYALTIES[1]
The National Assembly’s Law No. 45/2009/QH12 of November 25, 2009, on Royalties, which takes effect on July 1, 2010, was amended and supplemented by:
1. The National Assembly’s Law No. 71/2014/QH13 of November 26, 2014, Amending and Supplementing a Number of Articles of the Laws on Taxes, which takes effect on July 1, 2015;
2. The National Assembly’s Law No. 12/2022/QH15 of November 14, 2022, on Oil and Gas, which takes effect on July 1, 2023.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Royalties.[2]
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for royalty-liable objects, royalty payers, royalty bases, and royalty declaration, payment, exemption and reduction.
Article 2. Royalty-liable objects
1. Metallic minerals.
2. Non-metallic minerals.
3. Crude oil.
4. Natural gas, coal gas.
5. Natural forest products, other than animals.
6. Natural aquatic products, including marine animals and plants.
7.[3] Natural water, including surface water and ground water, except natural water used for agriculture, forestry, fishery and salt production.
8. Natural swallow’s nests.
9. Other resources prescribed by the National Assembly Standing Committee.
Article 3. Royalty payers
1.[4] Royalty payers include organizations and individuals that extract royalty-liable natural resources, except case of exploitation of natural resources for oil and gas fields, field clusters and blocks under enhanced oil recovery in accordance with the law on oil and gas.
2. In some cases, royalty payers shall be defined as follows:
a/ For a mining enterprise established on the basis of joint venture, the joint-venture enterprise shall pay royalties;
b/ For Vietnamese and foreign parties to a business cooperation contract to exploit natural resources, the parties’ liability to pay royalties must be specified in such contract;
c/ In case an exploiter conducts small-scale exploitation of natural resources and sells them to a principal purchaser that has a written commitment or an approval to declare and pay royalties on the exploiter’s behalf, the principal purchaser shall pay royalties.
Chapter II
ROYALTY BASES
Article 4. Royalty bases
Royalty bases include natural resource output used for royalty calculation, royalty-liable price and royalty rate.
Article 5. Natural resource output used for royalty calculation
1. For an exploited natural resource the quantity, weight or volume of which can be determined, the natural resource output used for royalty calculation is the quantity, weight or volume of natural resource actually exploited in a royalty period.
2. For an exploited natural resource the quantity, weight or volume of which cannot be determined because this natural resource contains different substances and impurities, the natural resource output used for royalty calculation shall be determined based on the quantity, weight or volume of each substance obtained from sorting and classification.
3. For natural resources which are not sold but used for turning out other products, if their actually exploited quantity, weight or volume cannot be directly determined, the natural resource output used for royalty calculation shall be determined based on the output of products turned out in a royalty period and the use norm of natural resource per unit of product.
4. For natural water used for hydropower generation, the natural resource output used for royalty calculation is the output of electricity sold by a hydropower generation establishment to an electricity buyer under an electricity purchase and sale contract or the output of delivered electricity, in case such contract is unavailable, which is determined according to the metering system up to Vietnam’s measurement and quality standards, certified by the purchaser and seller or the deliverer and recipient.
5. For natural mineral water, natural thermal water and natural water used for industrial purposes, the natural resource output used for royalty calculation shall be determined in cubic meter (m3) or liter (l) according to the metering system up to Vietnam’s measurement and quality standards.
6. For natural resources exploited on a manual, scattered or mobile, irregular basis, if the planned output of exploited natural resources in a year is valued at under VND 200 million, a fixed output of exploited natural resources may be determined on a regular or seasonal basis for royalty calculation. Tax offices shall coordinate with local concerned agencies in determining the fixed output of exploited natural resources for royalty calculation.
The Government shall detail this Article.
Article 6. Royalty-liable prices
1. The royalty-liable price is the exploiter’s selling price of a unit of natural resource product, exclusive of value-added tax.
2. In case the natural resource’s selling price cannot be determined yet, the royalty-liable price shall be determined based on either of the following grounds:
a/ The regional market’s actual selling price of a unit of natural resource product of the same grade, which must not be lower than the royalty-liable price set by the People’s Committee of a province or centrally run city (below collectively referred to as provincial-level People’s Committee);
b/ In case the exploited natural resource contains different substances, the royalty-liable price shall be determined based on the unit selling price and content of each substance, which must not be lower than the royalty-liable price set by the provincial-level People’s Committee.
3. In some cases, the royalty-liable price shall be determined as follows:
a/ For natural water used for hydropower generation, it is the average selling price of commodity electricity;
b/ For timber, it is the selling price at the place of delivery; if the selling price at the place of delivery cannot be determined, the royalty-liable price shall be determined based on the royalty-liable price set by the provincial-level People’s Committee;
c/ For exploited natural resources which are not domestically sold but exported, it is the export price;
d/ For crude oil, natural gas and coal gas, it is the selling price at the place of delivery. The place of delivery is a place agreed upon in the oil and gas contract under which the ownership over crude oil, natural gas and coal gas is transferred to the contractual parties.
4. Provincial-level People’s Committees shall set specific royalty-liable prices of natural resources for which unit selling prices of natural resource products cannot be determined, except crude oil, natural gas, coal gas, and natural water used for hydropower generation.
The Government shall detail this Article.
Article 7. Royalty rates
1. The frame royalty tariff is specified below:
No. | Group or category of natural resource | Royalty rate (%) |
I | Metallic minerals |
|
1 | Iron and manganese | 7-20 |
2 | Titan | 7-20 |
3 | Gold | 9-25 |
4 | Rare earths | 12-25 |
5 | Platinum, silver and tin | 7-25 |
6 | Wolfram and antimony | 7-25 |
7 | Lead, zinc, aluminum, bauxite, copper and nickel | 7-25 |
8 | Cobalt, molybdenum, mercury, magnesium and vanadium | 7-25 |
9 | Other metallic minerals | 5-25 |
II | Non-metallic minerals |
|
1 | Soil exploited for ground leveling and work construction | 3-10 |
2 | Rock, except rock used for lime baking and cement production; gravel; sand, except sand used for glass-making | 5-15 |
3 | Soil used for brick-making | 5-15 |
4 | Granite and refractory clay | 7-20 |
5 | Dolomite and quartzite | 7-20 |
6 | Kaolin, mica, technical quartz, and sand used for glass-making | 7-15 |
7 | Pyrite, phosphorite, and stone for lime baking and cement production | 5-15 |
8 | Apatite and serpentine | 3-10 |
9 | Pit anthracite coal | 4-20 |
10 | Open-cast anthracite coal | 6-20 |
11 | Lignite and fat coal | 6-20 |
12 | Other coals | 4-20 |
13 | Diamond, ruby and sapphire | 16-30 |
14 | Emerald, alexandrite and black precious opal | 16-30 |
15 | Adrite, rodolite, pyrope, berine, spinel and topaz | 12-25 |
16 | Bluish-purple, greenish-yellow or orange crystalline quartz; chrysolite; white or scarlet precious opal; feldspar; birusa; and nephrite | 12-25 |
17 | Other non-metallic minerals | 4-25 |
III | Crude oil | 6-40 |
IV | Natural gas and coal gas | 1-30 |
V | Natural forest products |
|
1 | Timber of group I | 25-35 |
2 | Timber of group II | 20-30 |
3 | Timber of groups III and IV | 15-20 |
4 | Timber of groups V, VI, VII and VIII and of other categories | 10-15 |
5 | Tree branches, tops, stumps and roots | 10-20 |
6 | Firewood | 1-5 |
7 | Bamboo of all kinds | 10-15 |
8 | Sandalwood and calambac | 25-30 |
9 | Anise, cinnamon, cardamom and liquorice | 10-15 |
10 | Other natural forest products | 5-15 |
VI | Natural aquatic resources |
|
1 | Pearl, abalone and sea-cucumber | 6-10 |
2 | Other natural aquatic resources | 1-5 |
VII | Natural water |
|
1 | Natural mineral water, natural thermal water and refined natural water, bottled or tinned | 8-10 |
2 | Natural water used for hydropower generation | 2-5 |
3 | Natural water used for production and business activities, except water mentioned at Points 1 and 2 of this group |
|
3.1 | Surface water | 1-3 |
3.2 | Groundwater | 3-8 |
VIII | Natural swallow’s nests | 10-20 |
IX | Other resources | 1-20 |
2. Specific royalty rates for crude oil, natural gas and coal gas shall be determined as partially progressive based on their daily exploited average output.
3. Pursuant to Clauses 1 and 2 of this Article, the National Assembly Standing Committee shall stipulate specific royalty rates for each category of natural resource in each period on the following principles:
a/ Ensuring conformity with the list of groups and categories of natural resource and within the royalty rate bracket prescribed by the National Assembly;
b/ Contributing to the state management of natural resources; protection, exploitation and rational, economical and effective use of natural resources;
c/ Contributing to assuring state budget revenues and market stabilization.
Chapter III
ROYALTY DECLARATION, PAYMENT, EXEMPTION AND REDUCTION
Article 8. Royalty declaration and payment
Royalty payers shall register, declare, calculate and pay royalties under the law on tax administration.
Article 9. Royalty exemption and reduction
1. Royalty payers that encounter natural disasters, fires or unexpected accidents, causing losses of natural resources for which royalties have been declared and paid, may be considered for exemption from or reduction of payable royalties for the lost volumes of natural resources. The paid royalty amount will be refunded or cleared against the subsequent period’s payable royalty amount.
2. Royalties are exempted for natural aquatic resources.
3. Royalties are exempted for tree branches and tops, firewood and bamboo of all kinds which individuals are permitted to exploit for their daily-life needs.
4. Royalties are exempted for natural water used for hydropower generation by households and individuals for their daily-life needs.
5.[5] Royalties are exempted for natural water exploited by households and individuals for daily-life use.
6. Royalties are exempted for soil exploited and used right on allocated and leased land areas; and soil exploited for ground leveling and construction of security and military works and dikes.
7. Others cases eligible for royalty exemption or reduction as prescribed by the National Assembly Standing Committee.
Chapter IV
IMPLEMENTATION PROVISIONS[6]
Article 10. Effect
1. This Law takes effect on July 1, 2010.
2. On the effective date of this Law, the following legal documents cease to be effective:
a/ Ordinance No. 05/1998/PL-UBTVQH10 on Royalties;
b/ Ordinance No. 07/2008/PL-UBTVQH12 Amending and Supplementing Article 6 of the Ordinance on Royalties.
3. For investment projects or oil and gas contracts signed before July 1, 2010, with royalties specified in their investment licenses, investment certificates or oil and gas contracts, the provisions of these investment licenses, investment certificates or signed oil and gas contracts apply. In case royalty incentives indicated in these investment licenses, investment certificates or oil and gas contracts are lower than those provided in this Law, the royalty incentives specified in this Law will apply for the remaining duration.
Article 11. Implementation detailing and guidance
The Government shall detail and guide the implementation of articles and clauses assigned to it under this Law; and guide other necessary contents of this Law to meet state management requirements.-
THE OFFICE OF THE NATIONAL ASSEMBLY | THIS CONSOLIDATED TEXT IS AUTHENTICATED BY |
No. 23/VBHN-VPQH | Hanoi, December 29, 2022 Chairman of the Office of the National Assembly BUI VAN CUONG |
[1] Công Báo Nos 575-576 (06/03/2023)
[2] The National Assembly’s November 26, 2014 Law No. 71/2014/QH13 Amending and Supplementing a Number of Articles of the Laws on Taxes is promulgated on the following bases:
“Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 14/2008/QH12 on Enterprise Income Tax, which was amended and supplemented under Law No. 32/2013/QH13; Law No. 04/2007/QH12 on Personal Income Tax, which was amended and supplemented under Law No. 26/2012/QH13; Law No. 13/2008/QH12 on Value-Added Tax, which was amended and supplemented under Law No. 31/2013/QH13; Law No. 45/2009/QH12 on Royalties; Law No. 78/2006/QH11 on Tax Administration, which was amended and supplemented under Law No. 21/2012/QH13; Law No. 27/2008/QH12 on Excise Tax, Law No. 45/2005/QH11 on Export Duty and Import Duty, and Law No. 54/2014/QH13 on Customs.”
The National Assembly’s November 14, 2022 Law No. 12/2022/QH15 on Oil and Gas is promulgated on the following bases:
“Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Oil and Gas.”
[3] This Clause is amended and supplemented under Clause 1, Article 4 of the National Assembly’s Law No. 71/2014/QH13 Amending and Supplementing a Number of Articles of the Laws on Taxes, which takes effect on July 1, 2015.
[4] This Clause is amended and supplemented under Clause 2, Article 67 of the National Assembly’s Law No. 12/2022/QH15 on Oil and Gas, which takes effect on July 1, 2023.
[5] This Clause is amended and supplemented under Clause 2, Article 4 of the National Assembly’s Law No. 71/2014/QH13 Amending and Supplementing a Number of Articles of the Laws on Taxes, which takes effect on July 1, 2015.
[6] Article 6 of the National Assembly’s Law No. 71/2014/QH13 Amending and Supplementing a Number of Articles of the Laws on Taxes, which takes effect on January 1, 2015, prescribes as follows:
“Article 6.
1. This Law takes effect on January 1, 2015.
2. To annul provisions on exchange rates for determination of turnover, expenses, taxable prices, taxable incomes, taxed incomes and taxes to be remitted into the state budget in:
a/ Article 8 and Clause 3, Article 9 of Law No. 14/2008/QH12 on Enterprise Income Tax, which was amended and supplemented under Law No. 32/2013/QH13;
b/ Clause 1, Article 6 of Law No. 04/2007/QH12 on Personal Income Tax, which was amended and supplemented under Law No. 26/2012/QH13;
c/ Clause 3, Article 7 of Law No. 13/2008/QH12 on Value-Added Tax, which was amended and supplemented under Law No. 31/2013/QH13;
d/ Article 6 of Law No. 27/2008/QH12 on Excise Tax;
dd/ Clause 3, Article 9 and Article 14 of Law No. 45/2005/QH11 on Export Duty and Import Duty;
e/ Clause 4, Article 86 of Law No. 54/2014/QH13 on Customs.
3. To annul Point c, Clause 1, Article 49 of Law No. 78/2006/QH11 on Tax Administration, which was amended and supplemented under Law No. 21/2012/QH13.
4. To annul provisions on determination of tax applicable to businesspeople specified in Clause 1, Article 19; Clause 1, Article 20; and Clause 1, Article 21 of Law No. 04/2007/QH12 on Personal Income Tax, which was amended and supplemented under Law No. 26/2012/QH13.
5. The Government and competent agencies shall detail articles and clauses in this Law as assigned.”.
Articles 68 and 69 of the National Assembly’s Law No. 12/2022/QH15 on Oil and Gas, which takes effect on July 1, 2023, prescribe as follows:
“Article 68. Effect
1. This Law takes effect on July 1, 2023.
2. The July 6, 1993 Law on Oil and Gas, which has a number of articles amended and supplemented under Law No. 19/2000/QH10, Law No. 10/2008/QH12 and Law No. 35/2018/QH14, ceases to be effective on the effective date of this Law.
Article 69. Transitional provisions
1. Contractors entering into oil and gas contracts that have investment registration certificates granted before the effective date of this Law shall continue to comply with such contracts and certificates.
2. Oil and gas schemes, reports, plans and programs approved before the effective date of this Law will remain valid without being required to be added with the contents provided in this Law.
3. Oil and gas reports, plans, programs and contracts submitted to competent agencies before the effective date of this Law are not required to be re-submitted and shall be appraised and approved in accordance with regulations issued before the effective date of this Law.
4. Enhanced oil recovery under the operating mechanism approved before the effective date of this Law will continue to comply with the decisions and regulations issued before the effective date of this Law.”.
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