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stop-check From May 5th, 2020: Fees for appraisal for issuance of water extraction licenses shall be reduced by 20%

Circular No. 36/2010/TT-BTC dated May 5th, 2020 of the Ministry of Finance on fees for appraising and licensing survey, extraction and use of water resources; release of wastewater into water sources and practice of groundwater drilling by central government authorities and fees for extraction and use of meteorology and hydrology information and data and collection, submission thereof
VietlawOnline

This Circular is to reduce fees for appraisal for issuance of water extraction licenses as prescribed at Circular No. 270/2016/TT-BTC by 20% and reduce fees for extraction and use of meteorology and hydrology information and data as prescribed at Circular No. 197/2016/TT-BTC by 30%, applicable from May 5th, 2020 to December 31st, 2020 inclusively. Read more

This Circular takes effect from May 5th, 2020 until December 31st, 2020 inclusively.

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blue-check Price brackets for calculation of natural resource tax applicable from March 5th, 2020

Circular No. 05/2020/TT-BTC dated January 20th, 2020 of the Ministry of Finance on amendments to Circular No. 44/2017/TT-BTCstatus2 dated May 12, 2017 of Minister of Finance on price brackets of groups and types of resources sharing similar physical and chemical properties for calculation of natural resource tax
VietlawOnline

This Circular takes effect from March 5th, 2020.

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red-check Grounds for calculation of charge for granting water right

Decree No. 82/2017/ND-CPstatus2 dated July 17th, 2017 of the Government on providing for calculation method and charge for granting water right
VietlawOnline

This Decree deals with the calculation method and charge for granting water right. Read more

Accordingly, entities that have to pay charge for granting water right include organizations or individuals that are granted license to exploit water source for producing electricity; for serving business activities, service provision or non-agricultural production (including water for cooling machinery and equipment, or generating steam); and for aquaculture, cattle breeding, plating perennial industrial crops with a scale of 20 m3/24 hours or more.

Charge for granting water right shall be determined based on water use purpose, water quality, type of water source to be exploited, conditions of exploitation, exploitation scale and duration of exploitation.

This Decree takes effect from September 1st, 2017. To abolish the regulations in Article 40, Clause 3 Article 47 of Decree No. 201/2013/ND-CPstatus2 dated November 27th, 2013.

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red-check Taxable price brackets for natural resources with similar physical and chemical properties

Circular No. 44/2017/TT-BTCstatus2 dated May 12th, 2017 of the Ministry of Finance on imposing the taxable price brackets for groups/types of natural resources with similar physical and chemical properties
VietlawOnline

This Circular prescribes the taxable price brackets for natural resources with similar physical and chemical properties, including: Read more

- Taxable price bracket for metallic minerals (Annex I);

- Taxable price bracket for non-metallic minerals (Annex II);

- Taxable price bracket for natural forest products (Annex III);

- Taxable price bracket for natural aquatic resources (Annex IV);

- Taxable price bracket for natural water (Annex V);

- Taxable price bracket for natural edible birds’ nest (Annex VI).

Groups/types of natural resources with similar physical, chemical properties refers to natural resources that have similar names, features, characteristics, physical properties and chemical composition.

However, these taxable price brackets do not apply to natural resources used for hydropower generation, crude oil, natural gas and coal gas

Code of group, name of group/type of natural resources in these taxable price brackets are uniformly regulated in the royalty tariff issued in Resolution No. 1084/2015/UBTVQH13.

This Circular takes effect from July 1st, 2017.

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blue-check Competence to determine average selling price of electricity for calculating the resource royalty shall be changed

Circular No. 174/2016/TT-BTC dated October 28th, 2016 of the Ministry of Finance on amending point a Clause 4 Article 6 of Circular No. 152/2015/TT-BTCstatus2 dated October 02, 2015 by the Ministry of Finance providing guidance on resource royalty

This Circular is to change the competence to determine average selling price of electricity for calculating the resource royalty payable by hydroelectricity producers Read more

Accordingly, the Ministry of Industry and Trade shall be competent to determine average selling price of electricity instead of the Ministry of Finance under the earlier regulations

This Circular takes effect from December 12th, 2016.

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blue-check Amending base used for calculating severance tax

Circular No. 12/2016/TT-BTC dated January 20th, 2016 of the Ministry of Finance on amending clause 1 article 7 of the Circular No. 152/2015/TT-BTCstatus2 dated October 02, 2015 providing for guidance on severance tax
VietlawOnline

This Circular is to amend Clause 1 Article 7 of Circular No. 152/2015/TT-BTCstatus2 for the purpose of amending the base which is used for calculating severance tax Read more

Accordingly, from July 01st, 2016, the rate of severance tax on each type of resource extracted is specified on the new severance tax schedule promulgated together with Resolution No. 1084/2015/UBTVQH13 dated December 10th, 2015 in instead of applying the severance tax schedule promulgated together with Resolution No. 712/2013/UBTVQH13 dated December 16th, 2013

This Circular comes into force from July 01st, 2016.

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blue-check Price frameworks for collection of money for using sea areas serving business and production

Joint Circular No. 198/2015/TTLT-BTC-BTNMT dated December 7th, 2015 of the Ministry of Finance - Ministry of Natural Resources and Environment on stipulating the method of calculation, mode of collection and regulation on management and use of money for use of sea area
VietlawOnline

This Circular stipulates the price frameworks for collection of money for use of sea area applicable to organizations and individuals that are allocated the sea areas by the state management bodies or competent authorities for exploitation and use of marine resources according to the provisions in Decree No. 51/2014/ND-CPstatus1 (except for cases of allocation of sea areas for exploration and extraction of oil and gas, for exploitation of aquatic products) Read more

Accordingly, the sea using activities with required payment for use of sea areas are classified into 6 groups subject to 6 price frameworks as follows:

- Group 1: from 3,000,000 dong/ha/year to 7,500,000 dong/ha/year, for using the sea areas for exploitation of energy from wind, wave, tide and ocean current;

- Group 2: from 4,000,000 dong/ha/year to 7,500,000 dong/ha/year, for using the sea areas for building the underground pipeline system, installation of telecommunications cable and electric cable;

- Group 3: from 5,000,000 dong/ha/year to 7,500,000 dong/ha/year for using the sea areas for the building of aboveground and underground, artificial islands, civil construction works at sea and reclamation activities;

Group 4: from 6,000,000 dong/ha/year to 7,500,000 dong/ha/year, for using the sea areas for seaport waters, floating ports, oil and gas ports and other ports; waters used for entertainment, recreation, passenger embarkation and disembarkation, overnight anchorage area of tourist ships; exploration and exploitation of mineral products and sea water to cool the plants;

- Group 5: 7,500,000 dong/ha/year for using the sea areas for disposal of dredged mud;

- Group 6: from 3,000,000 dong/ha/year to 7,500,000 dong/ha/year for other sea area using activities

This Joint Circular takes effect from January 20th, 2016.

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red-check New guidance on severance tax

Circular No. 152/2015/TT-BTCstatus2 dated October 02nd, 2015 of the Ministry of Finance guidance on severance tax
VietlawOnline

This Circular provides guidance on taxable items; taxpayers, basis for tax calculation, exemption and reduction of severance tax, implementation of the Government's Decree No. 50/2010/ND-CP dated May 14, 2010 (hereinafter referred to as Decree No. 50/2010/ND-CP. Read more

Other regulations of the Ministry of Finance shall apply to crude oil, natural gas, and coal gas (Article 1).

According to the new provisions at this Circular, seawater used for cooling machines and natural bird’s nests which collected from construction of houses to attract and raise natural swifts to collect their nest shall be exempted the severance tax

The rates of severance tax on each type of resource extracted are specified on the severance tax schedule promulgated together with Resolution No. 712/2013/UBTVQH13 dated December 16, 2013 of Standing Committee of the National Assembly and its amendments (if any), instead of Resolution No. 928/2010/UBTVQH12status1 dated 19/4/2010

This Circular comes into force from November 20, 2015 and replaces Circular No. 105/2010/TT-BTCstatus1 dated July 23, 2010 of the Ministry of Finance

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stop-check The Royalty Tariff applied from February 1, 2014

Resolution No. 712/2013/NQ-UBTVQH13status1 dated December 16, 2013 of the Standing Committee of the National Assembly promulgating the Royalty Tariff
VietlawOnline

In comparison with the current royalty tariff, this Resolution generally amends the tax rates for minerals as follow: Read more

- Iron: Increased from 10% to 12%

Titanium: Increased from 11% to 16%

- Wolfram and antimony: Increased from 10% to 18%

- Copper: Increased from 10% to 13%

- Sand used for glass-making: Increased from 11% to 13%

- Soil used for brick-making: Increased from 7% to 10%

- Apatite: Increased from 3% to 5%

- Open-cast anthracite coal, lignite and fat coal: Increased from 7% to 9%

Especially, according to this Resolution, white marble is also liable to royalty at the tax rate of 9%.

This Resolution takes effect on February 1, 2014, replaces Resolution No. 928/2010/UBTVQH12status1 dated April 19, 2010

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blue-check Taxable price for resources

Decree No. 50/2010/ND-CP dated May 14, 2010 of the Government detailing and guiding a number of articles of the Law on Royalties
VietlawOnline

Decree 50 detailed stipulates and guides some articles 2,5,6,7,9 of Law on resources tax. Subject to resources tax, including: Read more

(1) Metallic minerals

(2) Non-metallic minerals

(3) Crude oil (is liquid hydrocarbon of the natural state, asphalt, ozokerite and liquid hydrocarbons obtained from natural gas using methods of condensation or extraction)

(4) Natural gas (is entire hydrocarbon in gaseous, exploitation from wells, including wet gas, dry gas, initial gas from wells and the remaining gas after extraction of liquid hydrocarbons from wet gas)

(5) Coal gas (is hydrocarbon, the main component is methane in gaseous or liquid, contained in coal seams or in the nearby reservoir)

(6) products of natural forest, including plants and other products of natural forest, except for animals and anise, cinnamon, amonum, cardamom cultivated by taxpayers in natural forest areas assigned for regeneration and protection

(7) Natural marine products, including animals and marine plants

(8) Natural water

(9) Natural swallow's nests

(10) Other resources reported to Government by related Ministries to submit the Standing Committee of National Assembly for consideration and decision.

Output of taxable natural resources: shall be carried out as stipulated in Article 5 of Law on Resources for:

(i) natural mineral water

(ii) natural hot water

(iii) natural water used for public purposes, production of taxable resources shall be determined by m3 or liter according to measurement system with standard of quality measurement of Vietnam. Where can not directly determine the taxable output through the above measurement system, the production of resources exploited will be carried out according to tax period.

Taxable value of resources:

Implement according to the provisions in Article 6 of Law on resources, as follows:

(1) Taxable value of resources is the price of selling resources product unit of organizations and individuals exploiting excluding value added tax.

(2) Where the resources are not yet determined the price, the taxable value is determined by either of the following grounds (but not less than the taxable value by the provincial People's Committee regulations):

- Actual sale price on the market within provincial area of the same type product resources;

- Sale price of each substance and concentration of each substance in the resources exploited if the resources exploited contain many different substances.

(3) Taxable value in some specific cases:

(i) Natural water used for production of hydroelectric is the average commercial electricity price

(ii) Timber is sale price at the site of delivery. Where the price has not been identified at the site of delivery, the taxable value is determined based on taxable price as prescribed by the provincial People's Committee.

(iii) Taxable price for resources exploited which is not used in domestic, but export, is the export price of resource products unit (FOB).

(iv) For crude oil, natural gas, coal gas which is sale price at point of delivery. Point of delivery here is the point agreed in the oil contract in which, crude oil, natural gas, coal gas which is transferred ownership to the parties joining into the oil contract.

Rate of Resources tax: will comply with the rate of natural resources issued by National Assembly Standing Committee for each period.

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