Environmental protection tax has not been collected for restricted herbicides.

July 11, 2012 10:32

The Ministry of Finance has issued an official dispatch.9048/BTC-CSTguide the Tax Department and Customs Department of provinces and cities on how to calculate environmental protection tax (EPT) on herbicides and plastic bags.

The Ministry of Finance said that in Resolution 1269/2011/NQ-UBTVQH12 of the National Assembly Standing Committee promulgating the Environmental Protection Tax Rate Schedule, there are regulations on environmental protection tax for herbicides of restricted use. The production and trading of herbicides are carried out in accordance with the provisions of the Ordinance on Plant Protection and Quarantine.

Furthermore, Clause 3, Article 29 of the Ordinance on Plant Protection and Quarantine stipulates that the Ministry of Agriculture and Rural Development must publish a specific list of permitted pesticides, restricted pesticides, and prohibited pesticides in Vietnam every year. However, currently, the List of restricted pesticides does not include restricted herbicides. Therefore, environmental protection tax has not been collected on restricted herbicides.

Environmental protection tax on multi-layer plastic bags

Clause 3, Article 2 of Decree No. 67/2011/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on Environmental Protection Tax states: "Taxable nylon bags (plastic bags) specified in Clause 4, Article 3 of the Law on Environmental Protection Tax are bags and thin plastic packaging made from single plastic film HDPE (high density polyethylene resin), LDPE (Low density polyethylene) or LLDPE (Linear low density polyethylene resin), except for pre-packaged goods and nylon bags that meet the criteria of being environmentally friendly according to regulations of the Ministry of Natural Resources and Environment".

Multi-layer plastic bags are bags made from single plastic films HDPE, LDPE, LLDPE and other types of plastic films (Polypropylene - PP, Polyamide-PA, ...).

Multi-layer plastic bags are produced from HDPE, LDPE, LLDPE single plastic films and are subject to environmental protection tax. Environmental protection tax on multi-layer plastic bags is calculated based on the percentage of the weight of HDPE, LDPE, LLDPE single plastic film in the bag. Based on the standard amount of HDPE, LDPE, LLDPE single plastic film used to produce multi-layer plastic bags, enterprises producing and importing multi-layer plastic bags declare and pay environmental protection tax.

The Ministry of Finance requires enterprises to develop and manage the standards for the quantity of HDPE, LDPE, LLDPE single plastic film used to produce multi-layer plastic bags. The standards are established at the beginning of the year or the beginning of the plastic bag production period and notified to the direct tax authority before selling plastic bags. In case an enterprise adjusts or supplements the standards during the production period, the enterprise must notify the direct tax authority.

Previously, Deputy Prime Minister Vu Van Ninh haddirectionThe Ministry of Finance shall preside over and coordinate with relevant ministries and agencies to submit to the Government and the Prime Minister for settlement of problems related to environmental protection tax on plastic bags under the authority of the Government and the Prime Minister.


According to (Chinhphu.vn)-LT

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Environmental protection tax has not been collected for restricted herbicides.
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