THE MINISTRY OF FINANCE
Circular No. 16/2013/TT-BTC of February 8, 2013, guiding the payment extension and reduction of a number of state budget revenues under the Government’s Resolution No. 02/NQ-CP of January 7, 2013, on solutions for removing difficulties for production and business, supporting the market and settling bad debts
Pursuant to November 29, 2006 Law No. 78/2006/QH11 on Tax Administration;
Pursuant to December 16, 2002 Law No. 01/2002/QH11 on the State Budget;
Pursuant to November 26, 2003 Land Law No. 13/2003/QH11;
Pursuant to June 3, 2008 Law No. 13/2008/QH12 on Value-Added Tax;
Pursuant to June 3, 2008 Law No. 14/2008/QH12 on Enterprise Income Tax;
Pursuant to the Government’s Resolution No. 02/NQ-CP of January 7, 2013, on solutions for removing difficulties for production and business, supporting the market and settling bad debts;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the Director General of Taxation;
The Minister of Finance promulgates the Circular guiding the payment extension and reduction of a number of state budget revenues under the Government’s Resolution No. 02/NQ-CP of January 7, 2013, on solutions for removing difficulties for production and business, supporting the market and settling bad debts, as follows:
Chapter I
ENTERPRISE INCOME TAX
Article 1. Extension of enterprise income tax payment
1. To extend the time limit for payment of enterprise income tax (EIT) for 6 months for payable EIT amounts of the first quarter, and for 3 months for payable EIT amounts of the second and third quarters of 2013 for:
a/ Small- and medium-sized enterprises, including independent cost-accounting branches and affiliated units, and cooperatives (with fewer than 200 full-time employees working for the whole year and annual turnover not exceeding VND 20 billion) (below referred to as small- and medium-sized enterprises).
b/ Labor-intensive enterprises (with over 300 employees) engaged in the production, sub-contract production or processing of agricultural, forest and aquatic products, textile and garment, leather footwear or electronic components; and construction of socio-economic infrastructure works (below referred to as labor-intensive enterprises).
c/ Housing investment and trading (sale, lease and lease-purchase) enterprises.
2. Small- and medium-sized enterprises eligible for tax payment extension specified at Point a, Clause 1 of this Article are those fully meeting the labor and turnover criteria and shall be identified as follows:
a/ Method of determining the satisfaction of the labor criterion:
The annual average number of employees (excluding full-time employees of independent cost-accounting branches and affiliated units) used as the basis for determining an enterprise to be small- or medium-sized, which is the total number of employees regularly employed by the enterprise in 2012, excluding those working under under-3-month contracts, must be fewer than 200.
