Circular No. 26/2015/TT-BTC dated February 27, 2015 of the Ministry of Finance guiding the value-added tax and tax administration in Decree No. 12/2015/ND-CP on guidelines for the Law on amendments to Laws, Decrees on taxations, and amendments to Circular No. 39/2014/TT-BTC on invoices for goods sale and service provision
THE MINISTRY OF FINANCE
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, February 27, 2015
GUIDING THE VALUE-ADDED TAX AND TAX ADMISNISTRATION IN DECREE No. 2015/ND-CP ON GUIDELINES FOR THE LAW ON AMENDMENTS TO LAWS, DECREES ON TAXATIONS, AND AMENDMENTS TO CIRCULAR No.39/2014/TT-BTC ON INVOICES FOR GOODS SALE AND SERVICE PROVISION
Pursuant to the Law on Tax administration No. 78/2006/QH11 and the Law No. 21/2012/QH13 on amendments to the Law on Tax administration;
Pursuant to the Law on Value-added tax No. 13/2008/QH12 dated the Law No. 31/2013/QH13 on amendments to the Law on Value-added tax;
Pursuant to the Law No. 71/2014/QH13 on amendments to tax laws;
Pursuant to the Government's Decree No. 51/2010/ND-CP dated May 14, 2010 and the Government's Decree No. 04/2014/ND-CP dated January 17, 2014 on invoices for goods sale and service provision;
Pursuant to the Decree No. 83/2013/ND-CP dated July 22, 2013 on guidelines for the Law on Tax administration and the Law on Amendments to the Law on Tax administration;
Pursuant to the Government's Decree No. 209/2013/ND-CP dated December 18, 2013 on guidelines for the Law on Value-added tax;
Pursuant to the Government's Decree No. 12/2015/ND-CP dated February 12, 2015 on guidelines for the Law on Amendments to laws and decrees on taxation;
Pursuant to the Government's Decree No. 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;
At the request of the Director of the General Department of Taxation,
The Minister of Finance provides guidelines for VAT, tax administration, and invoices for goods sale and service provision as follows:
Article 1. To amend some Article of Circular No. 219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance on guidelines for the Law on Value-added tax and the Government's Decree No. 209/2013/ND-CP dated December 18, 2013 on guidelines for the Law on Value-added tax (amended by Circular No. 119/2014/TT-BTC dated August 25, 2014 and Circular No. 151/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance) as follows:
1. To amend Clause 1 Article 4 as follows:
"1. Products from farming (including agro-forestry products), breeding, and aquaculture that are produced, caught, sold, or imported and are not processed into other products (hereinafter referred to as unprocessed) or have only been preprocessed.
Preprocessed products are those that have only been cleaned, dried, husked, grinded, milled, threshed, split, cut, salted, put in cold storage (cooled or frozen), preserved with sulfur dioxide, sulfur solution, or other solutions, and other common means of preservation.
Example 2: Company A signs a contract to raise pigs with company B, under which company B provides studs, feeds, veterinary medicines for company A and company A provides, sells pig products to company B. The payment for pig breeding paid by company B and the pig products sold by company A to company B are not subject to VAT.