DECREE

EXCISE TAX DEFERRAL FOR DOMESTICALLY MANUFACTURED OR ASSEMBLED AUTOMOBILES

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Law on Tax Administration dated June 13, 2019;

Pursuant to Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies supporting Socio-economic recovery and development program;

At request of Minister of Finance;

The Government promulgates Decree on excise tax deferral for domestically manufactured or assembled automobiles.

Article 1. Scope

This Decree prescribes excise tax deferral for domestically manufactured or assembled automobiles.

Article 2. Regulated entities

This Decree applies to: enterprises manufacturing, assembling motor vehicles in Vietnam; tax authorities; other relevant organizations and individuals.

Article 3. Tax deferral

1. Defer payable excise tax that arises during tax period of June, July, August, and September of 2022 for motor vehicles manufactured or assembled in Vietnam. The deferred period lasts from the submission deadline of excise tax according to regulations and law on tax administration until November 20, 2022 inclusive, to be specific:

a) No later than November 20, 2022 for excise tax that arises in tax period of June, 2022.

b) No later than November 20, 2022 for excise tax that arises in tax period of July, 2022.

c) No later than November 20, 2022 for excise tax that arises in tax period of August, 2022.

d) No later than November 20, 2022 for excise tax that arises in tax period of September, 2022.

2. On some cases:

a) In case taxpayers revise tax declaration of the tax period that is deferred thereby leads to an increase in payable excise tax and submit to tax authorities before the deferred expiry date of tax submission, the amount of tax benefitting from the deferral shall include the additional tax.

b) In case taxpayers benefitting from tax deferral make declaration, they shall submit excise tax declaration according to applicable regulations and law without having to submit the payable excise tax on the declared excise tax declaration immediately.

c) In case enterprises have branches and affiliated entities declaring excise tax separately to supervisory tax authorities of branches and affiliated entities, the branches and affiliated entities shall also benefit from excise tax deferral. In case branches and affiliated entities of enterprises do not manufacture or assemble automobiles, they do not benefit from excise tax deferral.

Article 4. Procedures for deferral

1. Taxpayers eligible for deferral shall submit application for excise tax deferral (electronically, in person or via post) using Form under Appendix attached hereto to supervisory tax authorities once for the entire deferral period at the same time with date of submission of excise tax declaration according to regulations and law on tax administration. In case application for excise tax deferral is not submitted at the same time with excise tax declaration, the application for excise tax deferral shall be submitted no later than November 20, 2022 and tax authorities shall defer excise tax submission as specified under Article 3 of this Decree.

2. Taxpayers shall determine and be responsible for applying for extension within the correct eligibility prescribed by this Decree.

3. Tax authorities are not required to inform taxpayers about accepting excise tax deferral. In case tax authorities deem taxpayers to be not eligible for deferral during deferral period, tax authorities shall inform the taxpayers in writing regarding suspension of excise tax deferral and after which point the taxpayers must submit excise tax and late payment fine arising during the deferral period to the state budget. In case tax authorities deem taxpayers to be not eligible for deferral once deferral period has ended by means of inspection, the taxpayers must submit the missing tax and late payment fine arising during the deferral period to the state budget.

4. During deferral period, tax authorities shall not charge late payment fine for the deferred excise tax. In case tax authorities have calculated late payment fine for excise tax declaration eligible for deferral according to this Decree, tax authorities shall not calculate late payment fine for excise tax.

Article 5.Organization for implementation and entry into force

1. This Decree comes into force from the date of signing until December 31, 2022 inclusive.

2. Once the deferral period under this Decree ends, submission of excise tax for domestically manufactured or assembled motor vehicles shall conform to applicable laws.

3. Ministry of Finance is responsible for directing, organizing implementation and dealing with difficulties arising during implementation of this Decree.

4. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant enterprises, organizations, households and individuals are responsible for the implementation of this Decree.