THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 08/2001/TT-BTC
Hanoi, January 18, 2001
 
CIRCULAR
ADDITIONALLY GUIDING THE REGULATIONS ON ENTERPRISE INCOME TAX APPLICABLE TO FOREIGN ORGANIZATIONS’ BRANCHES OPERATING IN VIETNAM STIPULATED IN THE FINANCE MINISTRY’S CIRCULAR No. 99/1998/TT-BTC OF JULY 14, 1998
Pursuant to the Governments Decree No.30/1998/ND-CP of May 13, 1998 detailing the implementation of the Enterprise Income Tax Law;
Pursuant to the Governments Decree No.13/1999/ND-CP of March 17, 1999 on organization and operation of foreign credit institutions and their representative offices in Vietnam;
Pursuant to the Governments Decree No.92/1998/ND-CP of November 10, 1998 on the legal consultancy practice by foreign lawyers organizations in Vietnam;
Pursuant to the Governments Decree No.45/2000/ND-CP of September 6, 2000 on Vietnam-based representative offices and branches of foreign traders and foreign tourist enterprises in Vietnam;
The Finance Ministry hereby additionally guides the enterprise income tax as follows:
I. GENERAL PROVISIONS
1. This Circular applies to foreign organizations branches operating in Vietnam, including: branches of foreign lawyers organizations, branches of foreign credit institutions, branches of foreign cigarette companies and other branches licensed to conduct business activities in Vietnam according to the provisions of Vietnam laws, hereinafter collectively referred to as the foreign branches.
2. Foreign branches shall be enterprise income tax payers under the Enterprise Income Tax Law and the guidance in the Finance Ministrys Circular No. 99/1998/TT-BTC of July 14, 1998.
3. In cases where international treaties, agreements and/or commitments which the Vietnamese State or Government has acceded to or signed with international organizations or foreign States and Governments contain provisions on tax on foreign branches operations different from the guidance in this Circular, the provisions of such international treaties, agreements or commitments shall apply.
II. SPECIFIC CONTENTS ON ENTERPRISE INCOME TAX APPLICABLE TO THE FOREIGN BRANCHES
1. The foreign branches incomes subject to enterprise income tax shall be determined according to the guidance in Part B of the Finance Ministrys Circular No. 99/1998/TT-BTC of July 14, 1998.
The enterprise income tax rate applicable to foreign branches shall be 32%.
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