Extension of time limits for paying charges for granting mining right in Vietnam

According to Decree No. 67/2019/NĐ-CP of Vietnam’s Government, the payment of charge for granting mining right may be extended in case there are difficulties arising in the course of leased land clearance and in other cases as prescribed in Clause 1 Article 49 of the Law on Tax administration of Vietnam. The entity carrying out mining operation as prescribed may be granted extension of payment of a part or entire amount payable of the charge for granting mining right.

Specifically, deferrable amounts includes outstanding charge for granting mining right, late payment interests and fines up to the time:

- when a natural disaster, conflagration or accident occurs provided that total deferrable amount must not exceed the difference between the value of physical damage incurred by the relevant entity as regulated by law and the compensation provided;

- when business operation is suspended provided that total deferrable amount must not exceed the expenditure on moving and the damage done by the move, and other expenditures incurred during the suspension.

Notes:

- During the extension, no late payment interest shall be imposed on deferrable amounts.  When the extension period ends, the relevant entity must make payment of charge for granting mining right to state budget as regulated.  If the entity carrying out mining operation does not make full payment of charge for granting mining right after the extension period has ended, it must incur a late payment interest and be liable to the enforcement of administrative decision in accordance with law regulations on tax administration.

- Extension period, power to grant extension, application for extension, and processing of application for extension of time limits for payment of charge for granting mining right, late payment interests and fines shall comply with law regulations on tax administration.

View more details at Decree No. 67/2019/NĐ-CP of Vietnam’s Government, effective from September 15, 2019.

Thu Ba

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