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blue-check Regarding registration fee exemption given to a project’s land

Official letter No. 4751/TCT-CS dated November 6th, 2020 of the General Department of Taxation regarding registration fee policy
VietlawOnline

Whether or not an investor is exempt from registration fee with regard to a project’s land lots shall depend on registered land use right. Read more

If such land lots have been registered for investing in construction of infrastructure or construction of houses for transfer, registration fees shall be exempt according to point a Clause 3 Article 1 of Decree No. 20/2019/ND-CPstatus2 . If such land lots are used for the purposes of leasing or self-using, it is required to pay registration fees.

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blue-check First - time registration fee rate applicable to automobiles assembled domestically shall be reduced 50% from June 28, 2020 to the end of December 31st, 2020

Decree No. 70/2020/ND-CP dated June 28th, 2020 of the Government providing for registration fee rate with regard to automobiles manufactured, assembled domestically until the end of December 3st, 2020
VietlawOnline

First-time registration fee rate applicable to automobiles shall be reduced by 50% if they are manufactured, assembled domestically. The reduction shall be carried out from June 28th, 2020 to the end of December 31st, 2020. After that, the registration fee shall be collected at the rate of 100% in line with Decree No. 20/2019/ND-CPstatus2 . Read more

This Decree takes effect on the day of its signing to the end of December 31st, 2020.

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blue-check [Merged] - Guidelines for registration fees

Merged Document No. 17/VBHN-BTC dated Marh 16th, 2020 of the Ministry of Finance on guidelines for registration fees

This document is to merge the amendments, supplements at Circular No. 20/2019/TT-BTC dated April 9th, 2019 into Circular No. 301/2016/TT-BTCstatus2 dated November 15th, 2016 of the Ministry of Finance on guidelines for registration fees.

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blue-check Issues relating registration fee in the case of registration of assets upon merge of enterprises

Official letter No. 2294/TCT-CS dated June 7th, 2019 of the General Department of Taxation regarding policies on collection of registration fees with regard to the change of registration of car because of merge of companies
VietlawOnline

According to point a Clause 18 Article 5 of Circular No. 301/2016/TT-BTCstatus2 , properties of which ownership must be re-registered because of merger of enterprises shall be exempt from registration fee. Read more

However, properties of which ownership must be re-registered upon renaming and transformation of enterprise shall not be exempt from registration fee, including the case a limited liability company is converted into a joint-stock company by the sale of all shares to one or some organizations and individuals (point b Clause 18 Article 5 of Circular No. 301/2016/TT-BTCstatus2 ).

Accordingly, in case a limited liability company is renamed and transformed into a joint-stock company, it is required to pay registration fee upon re-registration of ownership of car.

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blue-check Issues relating to registration fee upon merger of enterprises

Official letter No. 2294/TCT-CS dated June 5th, 2019 of the General Department of Taxation regarding issues relating to registration fee policy
VietlawOnline

According to point a Clause 18 Article 5 of Circular No. 301/2016/TT-BTCstatus2 , properties of which ownership must be re-registered because of merger of enterprises shall be exempt from registration fee. Read more

However, properties of which ownership must be re-registered upon renaming and transformation of enterprise shall not be exempt from registration fee, including the case a joint-stock company is renamed and converted into a one member limited liability company by the transfer of all shares from the company's shareholders to a non-shareholding organization (point b Clause 18 Article 5 of Circular No. 301/2016/TT-BTCstatus2 ).

Accordingly, in case 2 joint stock companies are merged into one in the form of share exchange and transformation into a one member limited company, it is required to pay registration fee upon re-registration of properties.

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red-check Amendments to regulations on registration fees

Decree No. 20/2019/ND-CPstatus2 dated February 21st, 2019 of the Government on amendments to the Government’s Decree No. 140/2016/ND-CPstatus2 dated October 10, 2016 on registration fees
VietlawOnline

This Decree is to amend, supplement to the regulations on fee calculation prices, rates for collection of registration fees, entities exempt from registration fees and dossier of declaration and payment of registration fees Read more

Accordingly, with regard to imported assets, the fee calculation price shall include the exempted import tax.

For asset acquired on installment purchase, the registration fee calculation price shall be its lump-sum price (without the installment interest).

This Decree also supplements guidelines on determination of registration fee calculation price in case land is leased out by the state and a lump sum land rent is paid for the entire lease term but the lease term is shorter than the term of the type of land prescribed in the Land Price List promulgated by the provincial People's Committee

With regard to pick-up trucks with 5 seats or fewer, to which the rate of 60% of the first-time registration fee applicable to passenger vehicles with 09 seats or fewer shall be applied.

Organizations, individuals receiving project transferred to continue construction of infrastructure or housing for transfer are also exempt from registration fees.

This Decree takes effect from April 10th, 2019.

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blue-check Regarding registration fee upon renaming a company

Official letter No. 3834/TCT-CS dated August 24th, 2017 of the General Department of Taxation regarding policies on collection of registration fee in the case of renaming a company
VietlawOnline

Relating to registration fee policies in the case of renaming a company, there are differences between the periods before and after July 10th, 2016. Read more

Before July 10th, 2016: Based on Circular No. 124/2011/TT-BTCstatus1 and Circular No. 34/2013/TT-BTCstatus1 , if the renaming of a company was made simultaneously with the change of even only one founding shareholder, registration fee must be paid upon re-registration of ownership or use rights of properties. The exemption from registration fee was only given to the case of renaming without the change of founding shareholders.

However, from July 10th, 2016: Under the new regulations of Circular No. 75/2016/TT-BTC and Circular No. 301/2016/TT-BTC, registration fee must not be paid only when the renaming is made simultaneously with the change of entire founding shareholders. If there is change of 1 or certain founding shareholder(s), registration fee shall be exempt.

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blue-check Time limit for payment of registration fee is corrected

Official letter No. 114/CP-KTTH dated March 28th, 2017 of the Government regarding correction for an error occurred in Decree No. 140/2016/ND-CPstatus2
VietlawOnline

This document is to correct the time limit for payment of registration fee prescribed in Point b Clause 4 Article 10 of Decree No. 140/2016/ND-CPstatus2 . Read more

Accordingly, the time limit for payment of registration fee is 30 days, as from the date of signing of notification of registration fee by tax authorities, instead of 30 working days

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red-check Guidelines on registration charge

Circular No. 301/2016/TT-BTCstatus2 dated November 15th, 2016 of the Ministry of Finance on guidelines for registration charge
VietlawOnline

In comparison with the earlier regulations, this Circular supplements many new regulations on base price for calculation of registration charge and the rate of registration charge Read more

Accordingly, base price of buildings for calculation of the registration charge is determined according to the ratio (%) of the building’s remaining quality. This ratio shall be regulated by the provincial People's Committees (Clause 2 Article 3).

The floor space of a building on which the registration charge is levied is the entire floor area (including the floor area of ancillary structures). With regard to an apartment, the base price of the apartment shall include the value of the land area allocated accordingly (Clause 2 Article).

With regard to other assets, base price for calculation of the registration charge shall be the actual market-based transfer price instead of being determined according to base price list issued by the provincial People's Committees. The actual market-based transfer price is based on sales invoice, contract, prime cost, etc. (Clause 3 Article 3)

Particularly, with regard to automobiles and motorcycles, base price for calculation of the registration charge is still based on the base price list but under the new regulations, this base price list shall be issued by the Ministry of Finance instead of being issued by the provincial People's Committees (Clause 3 Article 3)

Regarding rate of registration charge, for motorcycles registered in cities, provinces, towns to which the rate of registration charge of 5% has been applied, from the 2nd registration forth, the rate of 1% shall be applied (Clause 4 Article 4)

This Circular takes effect from January 1st, 2017. To replace Clause 1 Article 19 of Circular No. 156/2013/TT-BTCstatus2 dated November 6th, 2013 and replace these Circulars:

a) Circular No. 124/2011/TT-BTCstatus1 dated August 31st, 2011;

b) Circular No. 34/2013/TT-BTCstatus1 dated March 28th, 2013;

c) Circular No. 140/2013/TT-BTCstatus1 dated October 14th, 2013;

d) Circular No. 140/2015/TT-BTCstatus1 dated September 3rd, 2015;

d) Circular No. 75/2016/TT-BTCstatus1 dated May 24th, 2016.

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red-check New regulations on registration fee

Decree No. 140/2016/ND-CPstatus2 dated October 10th, 2016 of the Government on registration fee
VietlawOnline

This Decree stipulates entities subject to registration fee, payers of registration fee, factors used for determining registration fees, deferment and waiver of registration fee, declaration, collection, payment and administration of registration fee. Read more

Accordingly, in comparison with the earlier regulations, entities subject to registration fee and registration fee rates are not changed under this Decree.

However, this Decree adds some cases to be exempt from registration fee, including:

- Land allotted or leased by the government to use for public matters, exploration and extraction of minerals or science research, construction of infrastructure, housing for sale, production activities in the fields of agriculture, forestry, aquaculture (Clause 3 Article 9);

- Entities allotted land by the government then having obtained a certificate a certificate of land use right, if later subjected to rent such land, shall pay at once the full rental for the entire duration of lease according to the Land Law upon the effective date of this Decree (Clause 16 Article 9);

- Non-motorized vessels, up to 15 DWT; motorized vessels with main engine’s power of up to 15 hp; vessels carrying up to 12 people; high-speed passenger ship, container ship (Clause 27 Article 9);

- Real property contributed by private investors in education - vocational training; health care; cultural activities; sports and gymnastics; environment (Clause 28 Article 9);

- Real property registered under non-state entities for education - training; health care; cultural activities; sports and gymnastics; science and technology; environment; society; population, family, child care and protection (Clause 29 Article 9);

- Real property registered under scientific and technological enterprises (Clause 30 Article 9);

This Decree comes into force as of January 1st, 2017. From the effect date of this Circular, the following regulations shall be null and void:

a) Decree No. 45/2011/ND-CPstatus1 dated June 17th, 2011 and Decree No. 23/2013/ND-CPstatus1 dated March 25th, 2013;

b) The regulations on declaration, collection, payment and administration of registration fee in Decree No. 83/2013/ND-CPstatus1 dated July 22nd, 2013.

The following regulations are abrogated:

a) Clause 2 Article 5 of Decision No. 13/2015/QD-TTgstatus2 dated May 5th, 2015;

b) Clause 1 Article 5 of Decision No. 47/2015/QD-TTgstatus2 dated October 5th, 2015.

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