Decree 134/2024/ND-CP policies on increasing revenue from import and export activities via Nghi Son Port of Thanh Hoa province

DECREE

On the policy of increasing revenues from import and export activities through Nghi Son port^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the June 3, 2008 Law on Value-Added Tax; the June 19, 2013 Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax; and the April 6, 2016 Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax, the Law on Excise Tax and the Law on Tax Administration;

Pursuant to the National Assembly’s Resolution No. 37/2021/QH15 of November 13, 2021, on pilot implementation of a number of special mechanisms and policies for development of Thanh Hoa province;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on the policy of increasing revenues from import and export activities through Nghi Son port.

Article 1. Scope and subjects of application

1. This Decree provides the implementation of the policy of increasing revenues from import and export activities through Nghi Son port under Clause 2, Article 3 of the National Assembly’s Resolution No. 37/2021/QH15 of November 13, 2021, on pilot implementation of a number of special mechanisms and policies for development of Thanh Hoa province.

2. This Decree applies to the People’s Committee of Thanh Hoa province and agencies, organizations and individuals relating to the determination of revenues from import and export activities through Nghi Son port.

Article 2. Determination of revenues from import and export activities through Nghi Son port and value-added tax amounts (below referred to as VAT amounts) on goods imported through Nghi Son port to invest in fixed assets or to produce exported goods which are refunded by the central budget

1. Scope of determination of revenues from import and export activities through Nghi Son port

To determine only budget revenues from import and export activities through Nghi Son port of enterprises in Thanh Hoa province that have submitted customs declarations at the Customs Department of Thanh Hoa province.

2. Scope of determination of VAT amounts on goods imported through Nghi Son port to form fixed assets or to produce exported goods which are refunded by the central budget:

To determine only VAT amount refunded to enterprises in Thanh Hoa province (excluding the recovery of refunded VAT amount).

3. VAT amounts on imports to be refunded by the central budget

A VAT amount on imports to be refunded by the central budget is a VAT amount imposed on imports in proportion to the expenditure amount for VAT refunding in the budgetary year, and shall be determined by the following formula:

In which:

a/ VAT amount refunded in each period is the VAT amount refunded under a tax refund order with the central budget’s expenditure for refunding in the budgetary year to an enterprise importing goods through Nghi Son port, exclusive of the amount as recovered the refunded VAT amount (if any).

b/ Paid VAT amount on goods imported through Nghi Son port to form fixed assets or to produce exported goods in each tax refund period is the total VAT amount paid at the import stage by an enterprise importing goods through Nghi Son port in the corresponding tax refund period (based on the amount provided by customs office and the amount declared by the taxpayer).

c/ Total input VAT amount in the tax refund period of each dossier is the total VAT amount paid at the import stage plus the input VAT amount for domestically purchased goods which is eligible for deduction of the enterprise importing through Nghi Son port.

Article 3. Responsibilities of agencies

1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, related ministries and sectors, and the People’s Committee of Thanh Hoa province in, examining the implementation of the policy of increasing revenues from import and export activities through Nghi Son port.

2. The People’s Committee of Thanh Hoa province shall:

a/ Direct related agencies in the locality in implementing the policy of increasing revenues from import and export activities through Nghi Son port provided in this Decree and relevant legal documents.

b/ Coordinate with the Ministry of Finance and related ministries, ministerial-level agencies and government-attached agencies in examining and supervising the implementation of the policy of increasing revenues from import and export activities through Nghi Son port.

Article 4. Effect

This Decree takes effect on October 21, 2024, and applies in the 5-year period from 2022 budgetary year to 2026 budgetary year.

Article 5. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairperson of the People’s Committee of Thanh Hoa province, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
HO DUC PHOC