What is the basis for tax exemption in Vietnam for agricultural products of Tay Ninh province to support investment, grow in Cambodia and transport to Vietnam?
- Is the tax exemption in Vietnam procedure for unprocessed agricultural products that are supported by the Vietnamese side to be planted in Cambodia and imported to the country?
- How are investment projects and farming of agricultural products eligible for tax incentives?
- What is the opinion of the Ministry of Planning and Investment on the Certificate of offshore investment registration?
Is the tax exemption in Vietnam procedure for unprocessed agricultural products that are supported by the Vietnamese side to be planted in Cambodia and imported to the country?
Pursuant to Article 28 Decree 134/2016/ND-CP supplemented in Clause 9 Article 1 Decree 18/2021/ND-CP stipulates tax exemption in Vietnam procedures for unprocessed agricultural products that are supported by the Vietnamese side, planted in Cambodia and imported back home as follows:
"Article 28. Tax exemption for goods exported or imported to serve the purpose of ensuring social security, overcoming consequences of natural disasters, disasters, epidemics and other special cases
...
9. Tax exemption procedures for products Unprocessed agricultural products that are supported by Vietnam for investment, grown in Cambodia and imported back home:
a) Every year, taxpayers notify the list of tax-free imported goods through the data processing system. electronically to the Customs Department of the province contiguous to Cambodia
. In the application for notification of the list of tax-exempt imports as prescribed in Clause 3, Article 30 of this Decree, the taxpayer being an enterprise shall additionally submit the following documents
: a written certification of investment permission issued by a competent authority in Cambodia where the Vietnamese enterprise invests: 01 photocopy enclosed with 01 Vietnamese translation with the enterprise's seal for certification;
Contract or Agreement signed with Cambodia on investment support, planting and receipt of agricultural products, clearly stating the amount and goods invested in each field and corresponding quantity, type and value each type of agricultural product to be harvested: 01 photocopy and present the original for comparison;
Documents related to the support of investment and farming of agricultural products in the provinces of Cambodia adjacent to the Vietnamese border (if any): 01 photocopy and present the original in the first import for comparison.
Pursuant to Point c, Clause 3, Article 30 Decree 134/2016/ND-CP and Point d Clause 20 Article 1 Decree 18/2021/ND-CP stipulates the application for notification of the tax exemption list as follows:
“3. A dossier of notification of the tax exemption list includes:
c) Certificate of investment registration, certificate of enterprise registration or paper of equivalent validity, except for the case of tax exemption specified in Clause 15, Article 16 of the Law on Taxation. export, import tax: 01 copy;
What is the basis for tax exemption in Vietnam for agricultural products of Tay Ninh province to support investment, grow in Cambodia and transport to Vietnam?
How are investment projects and farming of agricultural products eligible for tax incentives?
Pursuant to Clause 21, Article 1 Decree 18/2021/ND-CP amending and supplementing Article 40 Decree 134/2016/ND-CP stipulating the transition of import tax incentives for subjects eligible for import tax exemption in Vietnam:
“For investment projects, growing agricultural products on the list specified in Appendix II to this Circular, Appendix VIII promulgated together with this Decree is enjoying tax incentives according to the provisions of the law on import and export tax before the effective date of this Decree, they will continue to enjoy the import tax exemption policy. in accordance with the provisions of Clause 9 Article 1 of this Decree for the remainder of the outward investment certificate issued by a competent state agency”.
Pursuant to Clause 2, Article 116 Decree 31/2021/ND-CP detailing and guiding the implementation of a number of articles of the Investment Law regulating the implementation of investment projects that have been implemented before the effective date of the Investment Law shall:
Investment License, Investment Incentive Certificate, Investment Certificate, Investment Registration Certificate, Overseas Investment License, Overseas Investment Certificate or other valid documents An equivalent certificate issued by a competent state agency before the effective date of the Law on Investment has the same legal validity as an Investment Registration Certificate”.
Accordingly, in order to serve as a basis for import tax exemption in Vietnam, the dossier for notification of the tax-exempt list must have an outward investment certificate that has been granted by a competent state agency or a paper of equivalent value. equivalence: 01 photocopy with stamp of the original.
What is the opinion of the Ministry of Planning and Investment on the Certificate of offshore investment registration?
Follow Official Dispatch 1916/TCHQ-TXNK in 2022 on implementation problems Decree 18/2021/ND-CP issued by the General Department of Customs:
- According to the opinion of the Ministry of Planning and Investment in Official Dispatch No. 3127/BKHĐT-ĐTNN dated May 13, 2022, the papers are valid. equivalent to the certificate of outward investment registration as prescribed in Clause 2, Article 116 of Decree No. 31/2021/ND-CP dated March 26, 2021, including "The certificate of outward investment registration issued according to the provisions of the Government's Decree No. 83/2015/ND-CP dated September 25, 2015 on outward investment; The outward investment certificate is issued according to the provisions of Decree No. 78/2006/ND-CP dated August 9, 2006 of the Government on regulations on outward direct investment; Outward investment licenses are granted according to the provisions of Decree No. 22/1999/ND-CP dated April 14, 1999 of the Government on regulations on outward investment of Vietnamese enterprises and investment licenses. overseas is issued before the effective date of Decree No. 22/1999/ND-CP mentioned above.
- In case the People's Committee of Tay Ninh province issues a written certification to Vietnamese enterprises, households, business households and individuals in Tay Ninh province for activities to support investment, grow agricultural products at the border provinces of the Kingdom of Cambodia and transport post-harvest agricultural products to Tay Ninh instead of "papers of equivalent value" with the Certificate of Overseas Investment issued by a competent state agency in the city. the application for notification of the tax-exempt list does not comply with the provisions of Clause 2, Article 116 of Decree No. 31/2021/ND-CP.
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