Circular No. 13/2001/TT-BTC dated March 08, 2001 of the Ministry of Finance guiding the implementation of tax provisions for various investment forms under the Law on foreign investment in Vietnam
THE MINISTRY OF FINANCE
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, March 08, 2001
GUIDING THE IMPLEMENTATION OF TAX PROVISIONS FOR VARIOUS INVESTMENT FORMS UNDER THE LAW ON FOREIGN INVESTMENT IN VIETNAM
Pursuant to the Law on Foreign Investment in Vietnam, passed on November 12, 1996 by the National Assembly of the Socialist Republic of Vietnam; and the Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam, passed on June 9, 2000 by the National Assembly of the Socialist Republic of Vietnam;
Pursuant to the current tax laws and ordinances of the Socialist Republic of Vietnam; as well as the Governments decrees detailing the implementation of tax laws and ordinances;
Pursuant to the Governments Decree No.24/2000/ND-CP of July 31, 2000 detailing the implementation of the Law on Foreign Investment in Vietnam;
Pursuant to the Governments Decree No.36/CP of April 24, 1997 promulgating the Regulation on industrial parks, export-processing zones and hi-tech parks;
Pursuant to the Governments Decree No.62/CP of August 15, 1998 promulgating the Regulation on Build-Operate-Transfer (BOT) Contracts, Build-Transfer-Operate (BTO) Contracts and Build-Transfer (BT) Contracts applicable to foreign investment in Vietnam, and Decree No.02/1999/ND-CP of January 27, 1999 amending and supplementing a number of Articles of Decree No.62/CP;
The Finance Ministry hereby guides the implementation of tax provisions for various investment forms under the Law on Foreign Investment in Vietnam as follows:
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1. This Circular shall apply to the following subjects:
- Joint-venture enterprises and enterprises with 100% foreign capital, which are established under the Law on Foreign Investment in Vietnam (hereinafter called foreign-invested enterprises for short).
- Joint-venture banks between Vietnamese banks and foreign banks, which are licensed by the State bodies managing foreign investment under the Law on Foreign Investment in Vietnam.
- Foreign-invested insurance enterprises and insurance brokerage enterprises, which are established and operating under the Law on Foreign Investment in Vietnam and the Law on Insurance Business.
- Joint-venture enterprises established on the basis of agreements concluded between the Government of the Socialist Republic of Vietnam and foreign governments. Where an agreement contains provisions on tax obligations of joint-venture enterprises, which are different from this Circulars guidance, such agreements provisions shall apply.
- Foreign parties to business cooperation contracts (hereinafter referred to as foreign business cooperation parties) under the Law on Foreign Investment in Vietnam.
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