Abolish many legal documents in finance

The Circular on abolishing six legal documents related to public lands. Source: Internet

According to Circular 100/2020/TT-BTC, the Ministry of Finance abolished several legal documents in the sectors customs; import duty, export duty; fees and charges.

Accordingly, abolishing 10 legal documents in the customs field, including eight circulars: Circular No. 91/2003/TT-BTC dated September 25, 2003 of the Ministry of Finance guiding on stamping import goods; Circular No. 216/2010/TT-BTC dated December 29, 2010 of the Ministry of Finance promulgating the list of raw materials serving for production of animal feed, fertilisers and pesticides which is temporarily adjust the time limit for VAT payment at the import stage; inter-ministerial Circular No. 15/TTLB /TCHQ-TC dated January 28, 1997 of the General Department of Vietnam Customs - the Ministry of Finance guiding the printing, allocation, management and use of customs prints; Joint Circular No. 77/1997/TTLT-BTC-BTM-BNV-TCHQ dated November 1, 1997 of the Ministry of Finance, the Ministry of Trade, the Ministry of Home Affairs and the General Department of Vietnam Customs regarding the stamping of imported goods; Joint Circular No. 03/2000/TTLT-TCHQ-BNG dated June 6, 2000 of the inter-ministerial General Department of Vietnam Customs - Ministry of Foreign Affairs guiding the implementation of Article 4 of Decision No. 210/1999/QD-TTg dated October 27, 1999 by the Prime Minister on a number of policies for Vietnamese people living overseas; Joint Circular No. 03/2001/TTLT-TCHQ-BNG dated June 21, 2001 of the General Department of Vietnam Customs and the Ministry of Foreign Affairs supplementing and amending a number of points specified in Joint Circular No. 03/2000/TTLT -CHQ-BNG dated June 6, 2000 of the General Department of Vietnam Customs and the Ministry of Foreign Affairs guiding the implementation of Article 4 of the Prime Minister's Decision No. 210/1999/QD-TTg dated October 27, 1999 on a number of policies applied for Vietnamese living aboard; Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT dated June 25, 2013 of the Ministry of Finance, the Ministry of Industry and Trade and the Ministry of Transport guiding the implementation of Decision No. 48/2011/QD-TTg of the Prime Minister dated August 31, 2011 on the pilot implementation of the national single-window mechanism in customs.

The two decisions are: Decision No. 29/2006/QD-BTC dated May 8, 2006 of the Ministry of Finance promulgating the regulations on forms, manuals, printing, issuance and management of entry and exit declarations; Decision 42/2006/QD-BTC dated August 18, 2006 of the Ministry of Finance on the supplementation of Article 1 of Decision No. 29/2006/QD-BTC dated May 8, 2006 of the Ministry of Finance promulgating the regulation on form, manual, printing for issuance and management of entry/exit declarations and Decision No. 55/2006/QD-BTC dated October 11, 2006 of the Ministry of Finance on the abolishment of the entry/exit declaration form specified in Article 1 of Decision No. 29/2006/QD-BTC dated May 08, 2006 by the Ministry of Finance.

Also in this circular, the Ministry of Finance abolished circulars in the field of export duty and import duty.

Specifically: Circular No. 05/2010/TT-BTC dated January 13, 2010 of the Ministry of Finance regulating the preferential import duty rates for a number of items serving for building, repair and maintenance locomotive, wagons; Circular No. 101/2010/TT-BTC dated July 14, 2010 of the Ministry of Finance guiding the import tax exemption under the provisions of Decree No. 04/2009/ND-CP dated January 14, 2009 of the Government on preferential treatment and support for environmental protection activities; Circular No. 116/2011/TT-BTC dated August 15, 2011 of the Ministry of Finance guiding the implementation of Decision No. 36/2011/QD-TTg dated June 29, 2011 of the Prime Minister on the issuance of import tax rates on used passenger cars of 15 seats or less; Circular No. 28/2013/TT-BTC dated March 15, 2013 of the Ministry of Finance adjusting import tax rates for used passenger cars specified in Clause 1, Article 1 of Decision No. 36/2011/QD-TTg dated June 29, 2011 of the Prime Minister; Circular No. 128/2016/TT-BTC dated August 9, 2016 of the Ministry of Finance regulating the exemption and reduction of export tax for environmentally friendly products; products from recycling and waste treatment specified in Government Decree No. 19/2015/ND-CP dated February 14, 2015 stipulating the implementation of a number of articles of the Law on Environmental Protection.

In the field of fees and charges, abolishing four circulars including Circular No. 48-TC/TCT of the Ministry of Finance dated September 28, 1992 guiding the implementation of Decision No. 276-CT of July 28, 1992 of the Chairman of the Council of Ministers on unity of management of types of fees and charges; Circular No.63-TC/TCT of the Ministry of Finance dated October 28, 1992 guiding the allocation, management and use of receipts for the collection of fees and charges under Decision No. 276-CT of July 28, 1992 of the Chairman of the Council of Ministers; Circular No. 78/1999/TT-BTC dated June 22, 1999 of the Ministry of Finance guiding the collection regime of fees and charges in accordance with Decision 53/1999/QD-TTg dated March 26, 1999 of the Prime Minister on a number of measures to encourage foreign direct investment; Circular No. 37/2009/TT-BTC dated February 26, 2009 of the Ministry of Finance guiding the non-collection of fees for certificates of origin (C/O).

Besides that, the Ministry of Finance abolished 18 circulars guiding the financial regimes and customs procedures applicable in economic zones, commercial and industrial parks under border economic zones.

Circular 100/2020/TT-BTC will take effect from January 2, 2021.

Along with Circular No. 100, the Ministry of Finance also issued Circular No. 103/2020/TT-BTC abolishing 21 legal documents in the tax field, like amending and supplementing regulations on reducing special consumption tax; VAT accounting for basic construction, production and processing of agricultural and forestry products.

The abolished regulations belong to the following documents: Circular No. 69/2002/TT-BTC guiding the implementation of the Decision No. 41/2002/QD-TTg of Prime Minister on combating VAT loss and corporate income tax through selling prices in sale of car and motorbike business; Circular No. 53/2003/TT-BTC guiding the application of the tax regime to lawyer's offices and partnerships and Circular No. 26/2004/TT-BTC guiding the implementation of regulations on tax on profit remittance abroad and corporate income tax refunds for re-investment of foreign investors.

Besides that abolishing the content of two decisions, namely Decision No. 187/2003/QD-BTC on the issuance of license tax receipts and Decision No. 44/2007/QD-BTC on stopping special consumption tax refund for domestically produced cigarettes with foreign labels for export.

The circular also abolished all six legal documents in the field of public property management, such as: guiding the payment of land rent, capital contribution to joint ventures with the land use right value of organisations and domestic households and individuals; settlement of productive and residential land for ethnic minorities in the Central Highlands; guidance on contents of management offices of administrative agencies, non-business units.

In addition, two circulars in the public debt management sector are abolished, which is the guiding circular: financial management mechanism for programmes and projects financed by IFAD capital and financial management and disbursement for programmes and projects financed by funds from OPEC Fund for International Development (OFID).

This circular will take effect from January 10, 2021.