To: Provincial/municipal Tax Departments

The Ministry of Finance has recently received proposals from several enterprises regarding taxes imposed on the charter of ships by foreign organizations or individuals. Pursuant to the Finance Ministry’s Official Letter No. 697 TC/TCT of January 19, 2004, and Circular No. 05/2005/TT-BTC of January 11, 2005, guiding the tax regime applicable to foreign organizations without Vietnamese legal status and foreign individuals doing business or earning incomes in Vietnam, the Ministry of Finance hereby provides guidance as follows:

- From September 1, 1999, to February 16, 2005, the effective date of Circular No. 05/2005/TT-BTC: Turnovers used for calculating taxes on the charter of ships by foreign parties shall comply with the guidance in the Finance Ministry’s Official Letter No. 697 TC/TCT of January 19, 2004. In cases where taxes for the 1999-2003 period have been declared and paid by a method different from that guided in Official Letter No. 697 TC-TCT and already finalized by tax offices, such tax amounts shall not be readjusted according to Official Letter No. 697 TC/TCT.

- As from the effective date of Circular No. 05/2005/TT-BTC of January 11, 2005 (February 16, 2005), turnover used for calculating taxes on the charter of ships by foreign organizations or individuals shall comply with the provisions of Point 2.1, Section II, Part B of that Circular.

The Ministry of Finance hereby notifies the aforesaid guidance to provincial/municipal Taxation Departments for guiding enterprises in the implementation.

Pham Van Huyen

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