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blue-check Issues relating to EPEs’ lending, lease of their machinery, equipment

Official letter No. 3879/TCHQ-GSQL dated September 20th, 2022 of the General Department of Vietnam Customs regarding exporting processing enterprises’ (EPEs’) lending, lease of their assets, machinery, equipment
Posted: 10/11/2022 9:56:32 AM | Latest updated: 13/11/2022 3:41:43 PM (GMT+7) | LuatVietnam: 5578 | Vietlaw: 586
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To handle the issue about whether an EPE has to reimburse tax incentives granted in the form of tax reduction or exemption according to point c clause 6 Article 26 of Decree No. 35/2022/ND-CP or not, the General Department of Vietnam Customs requests the Ministry of Planning and Investment to determine whether the case where an EPE’s lending, lease of its machinery, equipment to the processor is considered to be the EPE’s other business activity or not.

According to point c clause 6 Article 26 of Decree No. 35/2022/ND-CP, EPEs are not allowed to use property, equipment and machinery obtaining tax incentives for other production and business activities (for export production activity only). In case of using property, equipment and machinery obtaining tax incentives for other production and business activities, tax incentives granted in the form of tax reduction or exemption must be reimbursed.

Ms Phuong Thao (VietlawOnline.com)
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Published Vietlaw's Newsletter No. 586

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Export processing enterprises

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