| THE MINISTRY OF FINANCE -------- | SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness ---------------- |
| No. 214/2010/TT-BTC | Hanoi, December 28, 2010 |
CIRCULAR
GUIDING THE POLICY OF PREFERENTIAL IMPORT TAX APPLICABLE TO MATERIALS, EQUIPMENT IMPORTED FOR MANUFACTURE OF KEY MECHANICAL PRODUCTS AND FOR INVESTMENT FOR MANUFACTURE OF KEY MECHANICAL PRODUCTS
Pursuant to the Law on Import Tax and Export Tax dated 06/14/2005;
Pursuant to the Resolution No.295/2007/NQ-UBTVQH12 dated 28/9/2007 of the Standing Committee of National Assembly promulgating the Export Tax according to the List of dutiable commodity groups and the duty rate bracket for each commodity group and the preferential import tax according to the List of dutiable commodity groups and the preferential duty rate bracket for each commodity group;
Pursuant to the October 17, 2009 Resolution No.830/2009/UBTV12 of the Standing Committee of National Assembly on amending Resolution No. 295/2007/NQ-UBTVHQ12 of September 28, 2007, and Resolution No. 710/2008/NQ-UBTVQH12 of November 22, 2008;
Pursuant to the Government’s Decree No. 87/2010/ND of August 13, 2010 detailing implementation of the Law on Import Duty and Export Duty;
Pursuant to the January 16, 2009 Decision No.10/2009/QD-TTg of the Prime Minister providing for the mechanism of support for manufacture of key mechanical products;
Pursuant to the November 27, 2008, Decree No.118/2008/ND-CP of the Government providing for functions, duties, powers and organizational structure of the Ministry of Finance;
The Ministry of Finance guides policy of the preferential import tax applicable to materials, equipment imported for manufacture of key mechanical products and for serving investment project of manufacture of key mechanical products according to provisions in the January 16. 2009 Decision No.10/2009/QD-TTg of the Prime Minister on the mechanism of support for manufacture of key mechanical products as follows:
Article 1. Rates of the preferential import tax
Materials, equipment imported for manufacture of key mechanical products and for serving investment project of manufacture of key mechanical products are applied rate of the preferential import tax of 0%.
Article 2. Conditions, dossier and formalities
1. For being applied rate of the preferential import tax of 0% referred in Article 1 of this Circular:
a) Imported materials, equipment must be the one used for investment project of manufacture of key mechanical products provided in Annex I (List of key mechanical products phase from 2009 to 2015) and Annex II (List of investment project of manufacture of key mechanical products phase from 2009 to 2015) issuing together with this Decision No.10/2009/QĐ-TTg;
b) Enterprises must determine its demand of use and set up List of imported materials, equipment together with a monitoring card of backward deduction and register with the customs agencies before registering the first import declarations; List of imported materials, equipment and monitoring card of backward deduction are set up one time for the whole project, or each phase of implementation of investment project of manufacture of key mechanical products. In case the number of materials, equipment or prices of imported materials, equipment in the List is false or changed, enterprises shall be supplemented, modified, however such supplemented materials, equipment must be in conformity with demand of project of manufacture of key mechanical products or key mechanical products.