| THE MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness |
| No. 39/2010/TT-BTC | Hanoi, March 22, 2010 |
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER'S DECISION NO. 12/ 2010/QD-TTG OF FEBRUARY 12, 2010, ON THE EXTENSION OF TIME LIMITS FOR ENTERPRISE INCOME TAX PAYMENT TO FURTHER REMOVE DIFFICULTIES FOR ENTERPRISES, CONTRIBUTING TO BOOSTING ECONOMIC DEVELOPMENT IN 2010
THE MINISTRY OF FINANCE
Pursuant to the Law on Enterprise Income Tax and its guiding documents;
Pursuant to the Law on Tax Administration and its guiding documents;
Pursuant to the National Assembly's Resolution No. 37/2009/QH12 of November 11, 2009, on the 2010 state budget estimates;
Pursuant to the Government's Decree No. 118/2008MD-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Prime Minister's Decision No. 12/2010/QD-TTg of February 12, 2010, on the extension of time limits for enterprise income tax payment to further remove difficulties for enterprises, contributing to boosting economic development in 2010;
The Ministry of Finance guides the implementation of Decision No. 12/2010/QD-TTg as follows:
Article 1. General provisions
Tax payment time limits prescribed in the Law on Tax Administration will be extended for 3 months for:
1. Enterprise income tax amounts payable in 2010 by small- and medium-sized enterprises.
Small- and medium-sized enterprises eligible for tax payment time limit extension are those (including also cooperatives, people's credit funds, enterprises' affiliated units with independent accounting, economic groups' or corporations' member units with independent accounting and the legal entity status, non-business units having revenues, and local development investment funds) which satisfy the capital or labor criterion specified in Clause 1, Article 3 of the Government's Decree No. 56/ 2009/ND-CP of June 30, 2009. on supports for development of small- and medium-sized enterprises.
Capital amounts used as a basis for identifying enterprises eligible for enterprise income tax payment time limit extension in 2010 are those shown in these enterprises' accounting balance sheets made on December 31, 2009. For new small- and medium-sized enterprises' founded on or after January 1,2010, capital amounts used as a basis for identifying their eligibility for enterprise income tax payment time limit extension in 2010 are charter capital amounts indicated in their business registration certificates or first-time investment certificates.
