MINISTRY OF FINANCE
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
 
No. 22/2010/TT-BTC
Ha Noi. 12 Februarv 2010
 
 
 
CIRCULAR
GUIDING IMPLEMENTATION OF DECREE 100/2009/ND-CP OF THE GOVERNMENT DATED 3 NOVEMBER 2009
ON COLLECTION OF A SURCHARGE FROM PETROLEUM CONTRACTORS ON THEIR SHARE OF PROFIT OIL WHEN CRUDE OIL PRICES INCREASE
 
THE MINISTRY OF FINANCE
 
 
Pursuant to the Law on Petroleum and its implementing guidelines;
Pursuant to the Law on Management of Taxation and its implementing guidelines
Pursuant to Decree 100-2009-ND-CP of the Government dated 3 November 2009 on collection of a surcharge from petroleum contractors on their share of profit oil when crude oil prices increase;
Pursuant to Decree 118-2008-ND-CP of the Government dated 27 November 2003 on functions, duties, powers and organizational structure of the Ministry of Finance.
The Ministry of Finance provides the following guidelines on Decree 100-2009-ND-CP of the Government dated 3 November 2009 on collection of a surcharge from petroleum contractors on their share of profit oil when crude oil prices increase
 
 
Article 1.  Applicable scope and applicable entities
  1. This Circular guides collection of a surcharge from petroleum contractors on their share of profit oil when crude oil prices increase.
  2. Petroleum contractors prescribed in this Circular means Vietnamese or foreign organizations and individuals conducting petroleum operations in Vietnam in accordance ..ith the Laiv on Petroleum (hereinafter referred to as contractors).
 
Article 2. Taxpayers1
  1. In the case of a petroleum contract executed in the form of a production sharing contract, the taxpayer shall be the operator representing the contractors to such contract.
  2. In the case of a petroleum contract executed in the form of a joint operating agreement the taxpaver shall De the joint operating company representing the contractors to such contract
  3. In the case of a petroleum contract executed in the form of a joint venture contract, the taxpayer shall be the joint venture enterprise representing the contractors to such contract.

In the case of Vietnam Oil and Gas Group or a corporation or company under such Group which itself undertakes a petroleum operation, the taxpayer shall be Vietnam Oil and Gas Group or the corporation or company which is the subsidiary of such Group.