THE PRESIDENT

Order No. 06/2013/L-CTN of June 28, 2013, on the promulgation of law

THE PRESIDENT OF THE SOCIALISTREPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, the X^th National Assembly, the 10^th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Law Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax,

which was passed on June 19, 2013, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.

President of the SocialistRepublic of Vietnam
TRUONG TAN SANG

Law Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax

(No. 32/2013/QH13)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 14/2008/QH12 on Enterprise Income Tax.

Article 1.

To amend and supplement a number of articles of the Law on Enterprise Income Tax:

1. To amend and supplement Clause 3, Article 2 as follows:

“3. Resident establishments of a foreign enterprise means production and business establishments through which the foreign enterprise conducts some or all production and business activities in Vietnam, including:

a/ Vietnam-based branches, executive offices, factories, workshops, vehicles, oil fields, gas fields, mines or other sites for exploiting natural resources;

b/ Construction sites, construction, installation and assembly works;

c/ Establishments providing services, including consultancy services provided via employees or other organizations or individuals;

d/ Agents for the foreign enterprise;

dd/ Vietnam-based representatives that are competent to sign contracts in the name of the foreign enterprise or representatives that are not competent to sign contracts in the name of the foreign enterprise but regularly deliver goods or provide services in Vietnam.”

2. To amend and supplement Clause 2, Article 3 as follows:

“2. Other incomes include income from the transfer of capital or transfer of the capital-contributing right; income from the transfer of real estate, transfer of investment projects, transfer of the right to participate in investment projects or transfer of the right to explore, exploit and process minerals; income from asset use rights or asset ownership, including income from intellectual property rights in accordance with law; income from the transfer, lease or liquidation of assets, including valuable papers; income from interest on deposits, loans provided or foreign currency sold; revenue from written-off bad debts which are now recovered; revenue from debts of unidentifiable debtors; omitted income from business activities of previous years, and other incomes, including income from production and business activities outside Vietnam.”