DECREE

AMENDING AND SUPPLEMENTING CLAUSE 3, ARTICLE 1 OF THE GOVERNMENT’S DECREE No. 76/2002/ND-CP OF SEPTEMBER 13, 2002 WHICH AMENDS AND SUPPLEMENTS A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 79/2002/ND-CP OF DECEMBER 29, 2000 DETAILING THE IMPLEMENTATION OF THE VALUE ADDED TAX (VAT) LAW

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;
Pursuant to the Value Added Tax (VAT) Law No. 02/1997/QH9 of May 10, 1997;
Pursuant to Point 1, Section II of Resolution No. 50/2001/QH10 of November 29, 2001 of the X^th National Assembly, the 10th session, on the 2002 State budget estimates;
At the proposal of the Minister of Finance,

DECREES:

Article 1.- To amend and supplement Clause 3, Article 1 of the Government’s Decree No. 76/2002/ND-CP of September 13, 2002 amending and supplementing a number of articles of the Government’s Decree No. 79/2000/ND-CP of December 29, 2000 which details the implementation of the VAT Law as follows:

"3. To amend Point d, Clause 1 of Article 9 on the deduction of input VAT as follows:

d/ Production and/or business establishments paying VAT by the tax deduction method shall be entitled to calculate the deducted input VAT amount at the rate of 1% of the prices of the goods and/or services purchased without added value invoices for:

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Establishments purchasing the above-mentioned goods items must make purchasing vouchers and goods lists under the tax agencies’ guidance.

- VAT-liable goods and services purchased from production and/or business establishments that pay tax by the method of direct calculation on the added value with sale invoices; goods being unprocessed agricultural, forest or aquatic products, which are purchased from production establishments with added value invoices but not liable to VAT at the production stage; goods liable to special consumption tax, which are purchased by trading establishments from production establishments for sale; indemnities of insurance business activities."

Article 2.- This Decree takes implementation effect after its signing.

Article 3.- The Minister of Finance shall guide the implementation of this Decree.

Article 4.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai