Circular No. 08/2002/TT-BTC dated January 23, 2002 of the Ministry of Finance guiding the application of import tax calculation prices under foreign trade contracts
THE MINISTRY OF FINANCE
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, January 23, 2002
GUIDING THE APPLICATION OF IMPORT TAX CALCULATION PRICES UNDER FOREIGN TRADE CONTRACTS
Pursuant to the competence and the principles for determining tax calculation prices prescribed in Article 7 of the Government’s Decree No.54/CP of August 28, 1993 detailing the implementation of the Law on Export Tax and Import Tax and the Law Amending and Supplementing a Number of Articles of the Law on Export Tax and Import Tax;
Pursuant to the provisions of Article 59 of the Government’s Decree No.24/2000/ND-CP of July 31, 2000 detailing the implementation of the Law on Foreign Investment in Vietnam;
In order to create favorable conditions for units and enterprises to take initiative in calculating business efficiency and to step by step prepare for the implementation of international commitments regarding the value for import tax calculation, the Ministry of Finance hereby guides the application of import tax calculation prices under foreign trade contracts as follows:
I. SCOPE OF APPLICATION
1. Objects of application
Objects of application of tax calculation prices under foreign trade contracts are goods of organizations and individuals permitted to be imported through the Vietnamese border-gates, except for those specified in Section 2, Part I of this Circular.
2. Cases where tax calculation prices under foreign trade contracts shall not be applied
2.1. For import goods on the list of goods items with import tax calculation prices controlled by the State (other than those subject to price management by the State mentioned in Section 2, Part III of this Circular) with their contractual prices lower than those specified in the minimum price index promulgated by the Finance Ministry, the import tax calculation prices shall be those specified in such minimum price index.
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