THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 90/2002/TT-BTC
Hanoi, October 10, 2002
  
CIRCULAR
GUIDING EXPORT TAX, IMPORT TAX AND VALUE ADDED TAX ON GOODS SOLD TO FOREIGN TRADERS BUT DELIVERED TO OTHER ENTERPRISES BASED IN VIETNAM AND DESIGNATED BY FOREIGN TRADERS FOR USE AS RAW MATERIALS FOR EXPORT GOODS PRODUCTION AND/OR PROCESSING
THE MINISTRY OF FINANCE
Pursuant to the December 26, 1991 Import and Export Tax Law, the July 5, 1993 Law and May 20, 1998 Law No.04/1998/QH10 amending and supplementing a number of articles of the Import and Export Tax Law; the Government’s Decree No.54/CP of August 28, 1993 and Decree No.94/1998/ND-CP of November 17, 1998 detailing the implementation of the December 26, 1991 Import and Export Tax Law and the Laws amending and supplementing a number of articles thereof;
Pursuant to the Value Added Tax (VAT) Law; the Government’s Decree No.79/2000/ND-CP of December 29, 2000 detailing the implementation of the VAT Law and Decree No.76/2002/ND-CP of September 13, 2002 amending and supplementing a number of articles of the Government’s Decree No.79/2000/ND-CP;
Following the Prime Minister’s directions in Document No.660/CP-KTTH of June 14, 2002 on taxes on on-spot export and import goods;
The Finance Ministry hereby guides the export tax, import tax and VAT on goods sold to foreign traders but delivered to other enterprises based in Vietnam and designated by foreign traders for use as raw materials for export goods production and/or processing as follows:
I. Objects of application: Goods produced and sold by Vietnam-based enterprises (including Vietnamese enterprises and foreign-invested enterprises) to foreign traders under foreign trade contracts, which are paid for by foreign traders in foreign currencies but delivered to other Vietnam-based enterprises designated by such foreign traders for further production and/or processing of
II. A number of words and phrases referred to in this Circular shall be construed as follows:
- On-spot export means that goods produced in Vietnam for sale to foreign traders but delivered to other enterprises based in Vietnam and designated by foreign traders.
- On-spot exporting enterprises mean enterprises engaged in on-spot export activities.
- On-spot importing enterprises mean enterprises that receive goods from on-spot exporting enterprises as designated by foreign traders.