Decision 04/2002/QD-BTC on preferential import tax rates for a number of specialized explosion-proof machinery and equipment for coal mining in underground mines and a number of materials and equipment for production, assembly of specialized explosion-proof machinery and equipment for mining promulgated by the Minister of Finan

DECISION

PRESCRIBING THE PREFERENTIAL IMPORT TAX RATE FOR A NUMBER OF EXPLOSION-PREVENTING MACHINERY AND EQUIPMENT FOR EXCLUSIVE USE IN PIT COAL MINING AS WELL AS A NUMBER OF SUPPLIES AND EQUIPMENT FOR MANUFACTURE AND ASSEMBLY THEREOF

THE MINISTER OF FINANCE

Pursuant to the Government’s Decree No.15/CP of March 2, 1993 on the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;
Pursuant to the Government’s Decree No.178/CP of October 28, 1994 on the tasks, powers and organizational structure of the Ministry of Finance;
Based on the tax rates prescribed in the Import Tariff according to the list of taxable commodity groups, promulgated together with Resolution No.63/NQ-UBTVQH10 of October 10, 1998 of the Xth National Assembly’s Standing Committee;
Pursuant to Article 1 of the Government’s Decree No.94/1998/ND-CP of November 17, 1998 detailing the implementation of the Law Amending and Supplementing a Number of Articles of Law No.04/1998/QH10 on Export Tax and Import Tax of May 20, 1998;
After consulting with the concerned ministries and branches and at the proposal of the General Director of Tax,

DECIDES:

Article 1.- To apply the import tax rate of 0% (zero per cent) to a number of explosion-preventing machinery and equipment for exclusive use in pit coal mining as well as a number of supplies and equipment for manufacture and assembly of such machinery and equipment, if they fully meet the following conditions:

- They are named in the Annex promulgated together with this Decision;

- They cannot be manufactured at home yet (as certified by the Ministry of Industry);

- They are imported for installation in pits in service of coal mining, or for the manufacture and assembly of machinery and equipment to be installed and used in pits;

- They are imported by the Coal Corporation and its affiliated enterprises.

Article 2.- Commodity codes inscribed in the Import Tariff�s List for explosion-preventing machinery and equipment used exclusively in pit coal mining and a number of supplies and equipment for manufacture and assembly thereof specified in this Decision shall not apply to all commodity items under those codes but only to commodity items clearly named in Annex to this Decision.

Article 3.- Annually, the Finance Ministry shall consider to readjust import tax rates of commodity items specified in Article 1 of this Decision, in a way suitable to domestic production capacity and compliant with international commitments on tax.

Article 4.- Vietnam Coal Corporation shall be fully responsible for the import and use of explosion-preventing machinery and equipment for exclusive use in pit coal mining and a number of supplies and equipment for manufacture and assembly of such machinery and equipment for the right purposes. The prescription of separate import tax rates for machinery and equipment used exclusively in pit coal mining and a number of supplies and equipment for manufacture and assembly of such machinery and equipment shall be made no later than December 31, 2005.

Within 3 months from the date the import tax rate of 0% (zero per cent) prescribed in this Decision is applied to the actually imported commodities, the Coal Corporation shall have to report to the customs offices (where the concerned units import such commodities) on the situation of import and use of explosion-preventing machinery and equipment for exclusive use in pit coal mining as well as a number of supplies and equipment for manufacture and assembly of such machinery and equipment, which have already been imported and eligible for the import tax rate of 0% (zero per cent). In case of failure to do so, the tax rate prescribed in this Decision shall not apply and the tax rate specified in the current Preferential Import Tariff shall be imposed.

For all cases where explosion-preventing machinery and equipment used exclusively in pit coal mining and a number of supplies and equipment for manufacture and assembly of such machinery and equipment are used for wrong purposes, import tax thereon shall be retrospectively collected and fines shall be imposed strictly according to the Import Tariff and the provisions of the Law on Export Tax and Import Tax.

Article 5.- This Decision replaces Decision No. 166/2000/QD-BTC of October 17, 2000 of the Finance Minister prescribing import tax rates applicable to a number of explosion-preventing machinery and equipment used exclusively in pit coal mining.

This Decision takes effect 15 days after its signing.

ANNEX

LIST OF EXPLOSION-PREVENTING MACHINERY AND EQUIPMENT FOR EXCLUSIVE USE IN PIT COAL MINING AND A NUMBER OF SUPPLIES AND EQUIPMENT FOR MANUFACTURE AND ASSEMBLY THEREOF
(Promulgated together with Decision No. 04/2002/QD-BTC of January 17, 2002
of the Finance Minister)

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