To: The Taxation Department of Dak Lak province

In response to the Official letter No. 1227/CT-QLDN dated 30 June 2004 of the Taxation Department of Dak Lak province regarding to the corporate income tax (CIT) applicable to Denmark Contractor Per Aarsleef A/s implementing the Project for drainage and hygiene of Buon Ma Thuot city under the Program for Water Sector Assistance of Vietnam receiving grant aid from the Denmark Government, the followings are the opinions of the General Department of Taxation:

The tax exemption for Per Aarsleef A/s contractor is not specified in Clause 3, Article 5 of the Agreement between the Government of Denmark Kingdom and the Government of the Socialist Republic of Vietnam on the Program for Water Sector Assistance. So, the Per Aarsleff A/s Contractor implementing the Project for drainage and hygiene of Buon Me Thuot city shall be subject to CIT and VAT in accordance with current provisions:

1. Value Added Tax (VAT):

Pursuant to Sub-clause 1.2 of Section III of Circular No. 41/2002/TT-BTC dated 03 May 2002 of the Ministry of Finance, where the Per Aarsleef A/s contractor entered into contract with the project owner at the price included VAT, the VAT amount which has been paid, shall be refunded to the project owner. The contractor shall make declaration and payment of VAT as provided for in Circular No. 169/1998/TT-BTC dated 22 December 1998 of the Ministry of Finance.

Where the Per Aarsleef A/s contractor entered into contract with the project owner at the price not included VAT, the contractor shall not account output VAT when making VAT invoice for the project owner and the input VAT amount shall be refunded to the contractor for goods and services bought to implement contract entered into with the project owner. The application file for input VAT refund by Per Aarsleef A/s contractor, attached to the certification of refunding input VAT by the project owner in compliance with guidance in official letter No. 06 TC-TCT dated 02 January 2004 of the Ministry of Finance, shall comply with guidances in Sub-clause 4 of Section i of Part D of the Circular No. 120/2003/TT-BTC dated 12 December 2003 of the Ministry of Finance..

2. Corporate Income Tax (CIT)

The Per Aarsleef A/s contractor shall pay CIT as provided for by Circular 169/1998/TT-BTC mentioned above.

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Individuals working for Per Aarsleef A/s contractor shall pay PIT for incomes generated during the implementation of work of project in accordance with the Ordinance on Income Tax of High Income Earner and current guiding documents.

The General Department of Taxation hereby replies the Taxation Department of Dak Lak province for reference.

FOR THE GENERAL DIRECTOR OF
THE GENERAL DEPARTMENT OF TAXATION
VICE GENERAL DIRECTOR




Pham Van Huyen