THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 28/2006/TT-BTC
Hanoi, April 04, 2006
 
CIRCULAR
GUIDING THE SPECIAL CONSUMPTION TAX REFUND FOR EXPORTED HOME-MADE CIGARETTES BEARING FOREIGN MARKS, FOR WHICH SPECIAL CONSUMPTION TAX HAS BEEN PAID IN THE COUNTRY
 
Pursuant to Articles 3, 4 and 12 of the Government's Decree No. 149/2003/ND-CP of December 4,2003, detailing the implementation of the Law on Special Consumption Tax (SCT);
Pursuant to the Government's Decree No. 77/2003/ ND-CP of July 1, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
In furtherance of the Prime Minister's instructions in the Government Office's Official Letter No. 68/ VPCP-KTTH on SCT refund for exported home-made cigarettes bearing foreign marks, the Ministry of Finance hereby guides the SCT refund as follows:
 
I. SUBJECTS ELIGIBLE FOR SCT REFUND
Business enterprises that directly export cigarettes bearing foreign marks and produced in Vietnam shall be refunded SCT amounts already paid at the production stage.
II. CONDITIONS FOR CIGARETTE-EXPORTING ENTERPRISES TO BE REFUNDED SCT
Business enterprises that export home-made cigarettes bearing foreign marks shall be refunded the SCT amounts already paid at the production stage if they fully meet the following conditions:
1. Cigarette-exporting enterprises have a total own capital amount of VND 20 billion or more each. The total own capital amount shall comply with indicator coded 410 in the accounting balance sheet on December 31, 2005, determined by an independent auditing agency. For state enterprises, if the independent auditing agency's results are unavailable, this indicator shall comply with the data certified by financial management agencies directly managing them.
2. Cigarette-exporting enterprises have well observed the tax laws, the Commercial Law, and have not committed tax or commercial frauds since January 1, 2005.
3. Cigarette-expanding enterprises have been proposed in writing by ministries, branches or central agencies (for enterprises which are set up under decisions of, or granted business registration certificates by, central agencies) or provincial/ municipal People's Committees (for enterprises which are set up under decisions of, or granted business registration certificates by, local agencies) to the Ministry of Finance and the Ministry of Trade for the SCT refund for exported home-made cigarettes bearing foreign marks.
4. Cigarette-exporting enterprises have the function of trading in cigarettes as stated in their business registration certificates and have directly exported 10 million or more packs of home-made cigarettes bearing foreign marks within 3 years before the effective date of this Circular. The quantities of exported cigarettes shall be determined according to such export vouchers as written export contracts, via-bank payment vouchers and exported goods declarations certified by customs offices.
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