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Eight Commodity Groups Subject to Environment Protection Taxes (01/12)

01/12/2011 - 6 Lượt xem

Apart from eight commodity groups stated above, EPL also stipulated that if there are more commodities that pollute the environment at use in the context of Vietnam's socioeconomic development, they must be subject to taxes aiming at their production, trade and usage. The Vietnamese Government will submit the list of objects subject to EPT to the General Assembly Standing Committee for consideration without amendment of the EPL.
According to the Decree 67/2011/ND-CP issued on August 8, 2011 by the Vietnamese Government, EPL has been guided through concretely. For example, EPL-taxable gasoline, lubricant and grease originated in fossil, which is also applied on related mixed fuels; EPL-taxable HCFC is used as a solvent and as a foam blowing agent in the manufacture of diverse products ranging from refrigeration to semi-conduction industry; EPL-taxable Nylon bags are made from high-density polyethylene (HDPE), low-density polyethylene (LDPE) and Linear Low Density Polyethylene (LLDPE), except for commodity packaged and nylon bags friendly to the environment as stipulated by the Vietnam Ministry of Natural Resources and Environment; herbicides, warehouse disinfectants, and termite extermination chemicals are used with restrictions as guided in the Decree 1269/2011/UBTVQH issued on July 14, 2011 by the General Assembly Standing Committee, considering the environment protection tariff.
EPL aims at consumers liable to pay EPT using related taxable commodities. However, EPL stipulates that organizations and individuals that produce or import taxable commodities are liable to pay taxes. With reference to consigned imports, the consignee will be liable to pay taxes. Organizations, households and individuals that buy exploited coal without attached documents including tax records must pay taxes.
EPT is reckoned on the amount of a taxable commodity plus the relevant absolute tax rate applied to every unit of account for that commodity. Accordingly, the amount of taxable domestic produced commodities consists of the domestically sold, exchanged, consumed, and donated; while all the amount of taxable imports being liable.
The absolute tax rates application on eight above commodity groups must comply with the Decree 1269/2011/UBTVQH issued on July 14, 2011 by the General Assembly Standing Committee. They are drawn up to simplify and clarify related tax collection and to ensure regular revenue to the budget despite commodity price fluctuations.
EPT is a new tax, and therefore, has not been appeared and guided in the Tax Administration Law and related documents. To avoid issues on application, it is stipulated that the time point the domestically sold, exchanged, consumed, and donated commodities are subject to EPT is when they are transferred in terms of ownership and use. With reference to the domestically produced and consumed, it is when put into use, and to the imports, it is when sold locally.
EPT is also an indirect tax, and therefore, should be applied the same as other indirect taxes, considering tax refund. To avoid possible issues, it is stipulated that EPT refunds are applied in cases including bonded, temporarily imported, in-transit cargos; gasoline sold to foreign transporters on Vietnamese routes and Vietnamese transporters on international routes; temporary imports (regarding also imports for exhibition and promotion)./.

Source: VEN.