Công văn 3960TCT/DTNN official Dispatch No. 3960 TCT/DTNN of November 29, 2004, On guiding VAT refund under Circular No. 84/2004/TT-BTC of August 18, 2004

THE MINISTRY OF FINANCE THE GENERAL DEPARTMENT OF TAXATION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 3960 TCT/DTNN On guiding VAT refund under Circular No. 84/2004/TT-BTC of August 18, 2004	Hanoi, November 29, 2004

To: Provincial/municipal Tax Departments

Recently, the General Department of Taxation has received opinions from some provincial/municipal Tax Departments and enterprises, asking for guidance on the procedures applicable to tax refund cases guided at Point 7, Point 12 of the Finance Ministry’s Circular No. 84/2004/TT-BTC of August 18, 2004. To ensure the uniform implementation of this Circular, the Finance Ministry hereby gives the following guidance:

According to the guidance in Circular No. 84/2004/TT-BTC, as from January 1, 2004, if business establishments, which provide services for export- processing enterprises, have completed the procedures guided in this Circular, calculated VAT, made VAT invoices, made payment at the VAT-inclusive prices and made declarations for VAT payment, such business establishments and export processing enterprises shall make records adjusting the payment prices at the VAT rate of 0% as well as the VAT invoices for adjustment of the VAT amounts already declared for such invoices.

In order to enjoy the adjustment of payment prices at the VAT rate of 0%, business establishments shall request export-processing enterprises to return VAT invoices which they have issued. The two sides shall have to make records thereon. Then, the business establishments shall make new VAT invoices at the VAT rate of 0%, clearly inscribing their serial numbers, codes and dates. Based on the records, the adjusted VAT invoices and the replaced VAT invoices (already withdrawn), the business establishments shall refund VAT to export- processing enterprises. They shall, with regard to the VAT amounts already remitted into the state budget for provided services, concurrently make declaration of the VAT amounts of the month when the new VAT invoices are issued and the VAT is refunded by tax offices by the mode of clearing against the VAT amounts payable in such tax calculation period.

The General Department of Taxation notifies the aforesaid guidance for provincial/municipal Tax Departments’ knowledge and further guidance of implementation by other units.

FOR THE GENERAL DIRECTOR OF TAXATION DEPUTY GENERAL DIRECTOR Pham Van Huyen