Accordingly, entities that have to pay charge for granting water right include organizations or individuals that are granted license to exploit water source for producing electricity; for serving business activities, service provision or non-agricultural production (including water for cooling machinery and equipment, or generating steam); and for aquaculture, cattle breeding, plating perennial industrial crops with a scale of 20 m3/24 hours or more.
Charge for granting water right shall be determined based on water use purpose, water quality, type of water source to be exploited, conditions of exploitation, exploitation scale and duration of exploitation.
This Decree takes effect from September 1st, 2017. To abolish the regulations in Article 40, Clause 3 Article 47 of Decree No. 201/2013/ND-CP dated November 27th, 2013.
Groups/types of natural resources with similar physical, chemical properties refers to natural resources that have similar names, features, characteristics, physical properties and chemical composition.
However, these taxable price brackets do not apply to natural resources used for hydropower generation, crude oil, natural gas and coal gas
Code of group, name of group/type of natural resources in these taxable price brackets are uniformly regulated in the royalty tariff issued in Resolution No. 1084/2015/UBTVQH13.
Accordingly, from July 01st, 2016, the rate of severance tax on each type of resource extracted is specified on the new severance tax schedule promulgated together with Resolution No. 1084/2015/UBTVQH13 dated December 10th, 2015 in instead of applying the severance tax schedule promulgated together with Resolution No. 712/2013/UBTVQH13 dated December 16th, 2013
This Circular comes into force from July 01st, 2016.
Accordingly, the sea using activities with required payment for use of sea areas are classified into 6 groups subject to 6 price frameworks as follows:
- Group 1: from 3,000,000 dong/ha/year to 7,500,000 dong/ha/year, for using the sea areas for exploitation of energy from wind, wave, tide and ocean current;
- Group 2: from 4,000,000 dong/ha/year to 7,500,000 dong/ha/year, for using the sea areas for building the underground pipeline system, installation of telecommunications cable and electric cable;
- Group 3: from 5,000,000 dong/ha/year to 7,500,000 dong/ha/year for using the sea areas for the building of aboveground and underground, artificial islands, civil construction works at sea and reclamation activities;
Group 4: from 6,000,000 dong/ha/year to 7,500,000 dong/ha/year, for using the sea areas for seaport waters, floating ports, oil and gas ports and other ports; waters used for entertainment, recreation, passenger embarkation and disembarkation, overnight anchorage area of tourist ships; exploration and exploitation of mineral products and sea water to cool the plants;
- Group 5: 7,500,000 dong/ha/year for using the sea areas for disposal of dredged mud;
- Group 6: from 3,000,000 dong/ha/year to 7,500,000 dong/ha/year for other sea area using activities
This Joint Circular takes effect from January 20th, 2016.
Other regulations of the Ministry of Finance shall apply to crude oil, natural gas, and coal gas (Article 1).
According to the new provisions at this Circular, seawater used for cooling machines and natural bird’s nests which collected from construction of houses to attract and raise natural swifts to collect their nest shall be exempted the severance tax
The rates of severance tax on each type of resource extracted are specified on the severance tax schedule promulgated together with Resolution No. 712/2013/UBTVQH13 dated December 16, 2013 of Standing Committee of the National Assembly and its amendments (if any), instead of Resolution No. 928/2010/UBTVQH12 dated 19/4/2010
This Circular comes into force from November 20, 2015 and replaces Circular No. 105/2010/TT-BTC dated July 23, 2010 of the Ministry of Finance
(3) Crude oil (is liquid hydrocarbon of the natural state, asphalt, ozokerite and liquid hydrocarbons obtained from natural gas using methods of condensation or extraction)
(4) Natural gas (is entire hydrocarbon in gaseous, exploitation from wells, including wet gas, dry gas, initial gas from wells and the remaining gas after extraction of liquid hydrocarbons from wet gas)
(5) Coal gas (is hydrocarbon, the main component is methane in gaseous or liquid, contained in coal seams or in the nearby reservoir)
(6) products of natural forest, including plants and other products of natural forest, except for animals and anise, cinnamon, amonum, cardamom cultivated by taxpayers in natural forest areas assigned for regeneration and protection
(7) Natural marine products, including animals and marine plants
(8) Natural water
(9) Natural swallow's nests
(10) Other resources reported to Government by related Ministries to submit the Standing Committee of National Assembly for consideration and decision.
Output of taxable natural resources: shall be carried out as stipulated in Article 5 of Law on Resources for:
(i) natural mineral water
(ii) natural hot water
(iii) natural water used for public purposes, production of taxable resources shall be determined by m3 or liter according to measurement system with standard of quality measurement of Vietnam. Where can not directly determine the taxable output through the above measurement system, the production of resources exploited will be carried out according to tax period.
Taxable value of resources:
Implement according to the provisions in Article 6 of Law on resources, as follows:
(1) Taxable value of resources is the price of selling resources product unit of organizations and individuals exploiting excluding value added tax.
(2) Where the resources are not yet determined the price, the taxable value is determined by either of the following grounds (but not less than the taxable value by the provincial People's Committee regulations):
- Actual sale price on the market within provincial area of the same type product resources;
- Sale price of each substance and concentration of each substance in the resources exploited if the resources exploited contain many different substances.
(3) Taxable value in some specific cases:
(i) Natural water used for production of hydroelectric is the average commercial electricity price
(ii) Timber is sale price at the site of delivery. Where the price has not been identified at the site of delivery, the taxable value is determined based on taxable price as prescribed by the provincial People's Committee.
(iii) Taxable price for resources exploited which is not used in domestic, but export, is the export price of resource products unit (FOB).
(iv) For crude oil, natural gas, coal gas which is sale price at point of delivery. Point of delivery here is the point agreed in the oil contract in which, crude oil, natural gas, coal gas which is transferred ownership to the parties joining into the oil contract.
Rate of Resources tax: will comply with the rate of natural resources issued by National Assembly Standing Committee for each period.
Law No. 45/2009/QH12 - Law on royalties ( 25-Nov-2009) The subjects to taxation include mineral metal; non-metal; crude oil; natural gas; coal gas; products from forest (excepting animals); seafood (animals and plants); water (sea water and under ground water); natural bird's nest; and other resources defined by National Assembly Standing Committee. read more
Taxpayers include organizations; persons who exploit natural resources subject to taxation. Bases for counting resources tax are production resources used to calculate tax, prices for tax calculation and tax rate. Procedures for carrying out tax registration, tax declaration, tax calculation and payment are stipulated in the law on tax management.
This law takes effect from 01 July 2010 and replaces the Ordinance No. 05/1998/PL-UBTVQD on the same matter.