On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Socialist Republic of Vietnam on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Socialist Republic of Vietnam on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Socialist Republic of Vietnam on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income

The Law of the Republic of Kazakhstan dated April 15, 2015 No. 303-V SAM

To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Socialist Republic of Vietnam on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, concluded in Hanoi on October 31, 2011.

President of the Republic of Kazakhstan N. NAZARBAYEV

Agreements between the Government of the Republic Kazakhstan and the Government of the Socialist Republic Vietnam Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income

Entered into force on June 18, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 4, art. 31

The Government of the Republic of Kazakhstan and the Government of the Socialist Republic of Vietnam, guided by the desire to strengthen and develop economic, scientific, technical and cultural ties between the two Contracting States and desiring to conclude an Agreement for the Avoidance of Double Taxation and the Prevention of Tax Evasion with respect to Taxes on Income, have agreed as follows:

Article 1 PERSONS TO WHOM THE AGREEMENT APPLIES

This Agreement applies to persons who are residents of one or both of the Contracting States.

Article 2 TAXES COVERED BY THE AGREEMENT

1. This Agreement shall apply to taxes on income imposed on behalf of a Contracting State or its local authorities, regardless of the method of their collection. 2. Income taxes are all types of taxes levied on the total amount of income or on individual elements of income, including taxes on income from the alienation of movable or immovable property, taxes levied on the total amount of wages or salaries paid by enterprises, as well as taxes on capital gains. 3. The existing taxes to which this Agreement applies are in particular: a) in Kazakhstan: (i) Corporate income tax; (ii) individual income tax; (hereinafter referred to as "Kazakh taxes"); (b) In Vietnam: (i) personal income tax; (ii) business income tax; (hereinafter referred to as "Vietnamese Taxes"). 4. This Agreement also applies to any identical or substantially similar taxes that will be levied after the date of signature of this Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting States will notify each other of any significant changes that occur in the relevant national tax laws of their Contracting States.

Article 3 GENERAL DEFINITIONS

1. For the purposes of this Agreement, unless the context otherwise requires: a) the term "Kazakhstan" means the Republic of Kazakhstan. When used geographically, the term "Kazakhstan" includes the State territory of the Republic of Kazakhstan and the zones in which Kazakhstan can exercise its sovereign rights and jurisdiction in accordance with its national legislation and the principles of international law; b) the term "Vietnam" means the Socialist Republic of Vietnam. When used in a geographical sense, it means its entire State territory, islands, international waters, territorial sea and airspace above it, pomerania beyond the territorial sea, including the seabed and its subsoil, on which the Socialist Republic of Vietnam exercises sovereignty, sovereign rights and jurisdiction in accordance with national and international law; (c) The term "person" includes an individual, a company and any other body of persons; (d) The term "company" means any corporate entity or any economic unit that is treated as a corporate entity for tax purposes; (e) The terms "Contracting State" and "other Contracting State" mean Kazakhstan or Vietnam, depending on the context.; (f) The terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean, respectively, an enterprise operated by a resident of a Contracting State and an enterprise operated by a resident of the other Contracting State; (g) The term "international carriage" means any carriage by a ship or aircraft operated by an enterprise of a Contracting State, except in cases where the ship or aircraft The aircraft is operated exclusively between locations in the other Contracting State.; (h) The term "competent authority" means: (i) in Kazakhstan: the Ministry of Finance or its authorized representative; (ii) in Vietnam: the Minister of Finance or his authorized representative; (k) the term "national person" means: (i) any natural person who has the nationality of a Contracting State; (ii) any legal person and partnership or association that have obtained their status on the basis of the applicable national legislation of a Contracting State. 2. As regards the application of the provisions of this Agreement by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has at that time under the national law of that Contracting State in respect of taxes to which the Agreement applies.

Article 4 RESIDENT

1. For the purposes of this Agreement, the term "resident of a Contracting State" means any person who, under the national law of that Contracting State, is liable to tax there on the basis of his place of residence, domicile, place of management, place of establishment, place of incorporation or any other criterion of a similar nature. The term also includes a Contracting State or local government. 2. If by reason of the provisions of paragraph 1 of this article an individual is a resident of both Contracting States, then his status shall be determined as follows: a) He shall be deemed to be a resident of the Contracting State in which he has a permanent home at his disposal; if he has a permanent home at his disposal in both Contracting States, he shall be deemed to be a resident of the Contracting State in which he has closer personal and economic relations (center of vital interests); (b) If the Contracting State in which he has his centre of vital interests cannot be determined, or if he does not have a permanent home available to him in either Contracting State, he shall be deemed to be a resident of the Contracting State in which he has an habitual abode; (c) If he has an habitual abode in both Contracting States. or in neither of them, he shall be deemed to be a resident only of the Contracting State of which he is a national.; (d) If the resident status cannot be determined in accordance with subparagraphs (a) to (c) of this paragraph, the competent authorities of the Contracting States shall resolve the matter by mutual agreement. 3. Where by reason of the provisions of paragraph 1 of this article a person other than an individual is a resident of both Contracting States, he shall be deemed to be a resident of that State. The Party in which the place of its effective management is located.

Article 5 PERMANENT ESTABLISHMENT

1. For the purposes of this Agreement, the term "permanent establishment" means a permanent place of business through which the business activities of an enterprise are carried out in whole or in part. 2. The term "permanent establishment" includes, in particular:: a) a place of management; b) a branch; c) an office; d) a factory; e) a workshop; f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources; g) a warehouse or premises used as a place of sale; (h) An installation or structure used for the exploration of natural resources, or surveillance services related thereto, or a drilling rig or vessel used for the exploration of natural resources. 3. The term "permanent establishment" also includes: a) a construction site or a construction, installation or assembly project, or monitoring services related to them, but only if such project or services last for more than 6 months; (b) The provision of services, including consulting services, by the enterprise through employees or other personnel employed by the enterprise for such purposes, but only if activities of that nature continue (for such or a related project) within a Contracting State for a period or periods totaling more than 6 months in any 12-month period. period. 4. Notwithstanding the preceding provisions of this article, the term "permanent establishment" is not considered to include: (a) The use of facilities solely for the purpose of storing, displaying, or delivering goods or merchandise belonging to the enterprise; (b) The maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storing, displaying, or delivering; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) The maintenance of a permanent place of business solely for the purpose of purchasing goods or merchandise or collecting information for the enterprise; (e) The maintenance of a permanent place of business solely for the purpose of carrying out any other preparatory or auxiliary activity for the enterprise. 5. Notwithstanding the provisions of paragraphs 1 and 2 of this article, if a person other than an agent with an independent status to whom paragraph 7 of this article applies acts in a Contracting State on behalf of an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent establishment in the first-mentioned Contracting State in respect of any activity that it a person undertakes for an enterprise if such person: (a) Has and habitually exercises in that Contracting State the authority to conclude contracts on behalf of the enterprise, unless the activity of such a person is limited to those activities referred to in paragraph 4 of this article, which, if carried out through a permanent establishment, does not transform that permanent establishment into a permanent establishment in accordance with the provisions of this paragraph; or (b) has no such authority, but usually maintains stocks of goods in the first-mentioned Contracting State. or products from which he regularly supplies goods and products on behalf of the company. 6. Notwithstanding the preceding provisions of this article, an insurance organization of a Contracting State, excluding a reinsurance organization, shall be deemed to have a permanent establishment in the other Contracting State if it collects contributions in the territory of the other Contracting State or insures risks while there through a person other than an agent with an independent status to whom the provisions apply paragraph 7 of this article. 7. An enterprise is not considered to have a permanent establishment in a Contracting State solely because it carries on business in that Contracting State through a broker, commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. However, if the activity of such an agent is wholly or mostly devoted to this enterprise, he will not be considered an agent with an independent status for the purposes of this paragraph. 8. The fact that a company that is a resident of a Contracting State controls or is controlled by a company that is a resident of the other Contracting State or that carries on business in that other Contracting State (either through a permanent establishment or otherwise) By itself, it does not turn one of these companies into a permanent establishment of the other.

Article 6 INCOME FROM IMMOVABLE PROPERTY

1. Income earned by a resident of a Contracting State from immovable property (including income from agriculture or forestry) located in the other Contracting State may be taxed in that other Contracting State. 2. The term "immovable property" has the meaning that it has under the national legislation of the Contracting State in which the property in question is located. The term, in any case, includes property ancillary to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of common law in relation to land ownership apply, the usufruct of immovable property and rights to variable or fixed payments as compensation for mining or the right to develop mineral resources. resources, sources, and other natural resources. Ships and aircraft are not considered as immovable property. 3. The provisions of paragraph 1 of this article shall apply to income derived from the direct use, rental or use of immovable property in any other form. 4. The provisions of paragraphs 1 and 3 of this article shall also apply to income from immovable property of an enterprise and to income from immovable property used for the provision of independent personal services.

Article 7 PROFIT FROM ENTREPRENEURIAL ACTIVITY

1. The profits of an enterprise of a Contracting State shall be taxable only in that Contracting State, unless the enterprise carries on business in the other Contracting State through a permanent establishment located there. If an enterprise carries on business as described above, the profits of the enterprise may be taxed in the other Contracting State, but only in so far as they relate to: (a) Such permanent establishment.; (b) Sales in that other Contracting State of goods or merchandise that are identical or similar to goods or merchandise that are sold through a permanent establishment; or (c) other business activities carried on in that other Contracting State that are identical or similar in nature to business activities carried on through such a permanent establishment. 2. Subject to the provisions of paragraph 3 of this article, if an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment located there, then in each Contracting State that permanent establishment includes the profits that it could receive if it were a separate and separate enterprise engaged in the same or similar activities, provided under the same or similar conditions, and operated in complete independence from the enterprise of which it is a permanent establishment. 3. In determining the profits of a permanent establishment, expenses incurred for the purposes of the permanent establishment, including administrative and general administrative expenses incurred in the Contracting State in which the permanent establishment is located or elsewhere, may be deducted. However, such deduction is not allowed in respect of amounts if they are paid (other than in reimbursement of actual expenses) by a permanent establishment to the head office of the enterprise or any of its other offices, by paying royalties, royalties or other similar payments in compensation for the use of patents or other rights, or by paying commissions for special services provided or for management, or (with the exception of banking institutions) by paying interest on the amount provided to the permanent establishment. Also, when determining the profit of a permanent establishment, the amounts accrued (other than as compensation for actual expenses) by the permanent establishment to the head office of the enterprise or any of its other offices by paying royalties, fees or other similar payments in compensation for the use of patents or other rights, or by paying commissions for special services provided, are not accepted. or for management, or (with the exception of banking institutions, by paying interest on the amount provided to the head office of the enterprise or any of its other offices.  4. Nothing in this article shall affect the application of any national legislation of a Contracting State relating to the determination of a person's tax arrears in cases where the information available to the competent authorities of that Contracting State is insufficient to determine the profits attributable to a permanent establishment, provided that the law applies to the extent permitted by the information available to the competent authorities. bodies, in accordance with the principles of this article. 5. To the extent that it is customary in a Contracting State to determine the profits attributable to a permanent establishment on the basis of a proportional distribution of the total profits of the enterprise to its various subdivisions, nothing in paragraph 2 of this article shall prevent such a Contracting State from determining taxable profits by such distribution as is customary; the method of proportional distribution chosen should produce the results, consistent with the principles contained in this article. 6. If profits include types of income that are specifically mentioned in other articles of this Agreement, the provisions of these articles are not affected by the provisions of this article. 7. For the purposes of paragraphs 1-6 of this article, profits related to a permanent establishment are determined in the same way from year to year, unless there are sufficient and compelling reasons to change this procedure.

Article 8 INCOME FROM INTERNATIONAL TRANSPORTATION

1. Profits earned by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic are taxable only in that Contracting State. 2. The provisions of paragraph 1 of this article shall also apply to profits from participation in a pool, joint venture or international organization for the operation of vehicles.

Article 9 ASSOCIATED ENTERPRISES

1. If (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in any case between the two enterprises in their commercial or financial the relationship creates or establishes conditions different from those that would take place between two independent enterprises, then any profit, which could have been credited to one of them, but was not credited to him due to these conditions, may be included in the profit of this enterprise and, accordingly, taxed. 2. If a Party includes in the profits of an enterprise of a Contracting State and taxes accordingly the profits on which an enterprise of the other Contracting State is taxed in that other Contracting State and the profits thus included are profits that would accrue to an enterprise of the first-mentioned Contracting State if the relationship between the two enterprises were such as exists between independent enterprises, then that other Contracting State will make an appropriate adjustment to the amount of tax levied on such profits. When determining such an adjustment, other provisions of this Agreement should be taken into account and the competent authorities of the Parties should consult with each other, if necessary.

Article 10 DIVIDENDS

1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and in accordance with the national laws of that Contracting State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 percent of the total amount of dividends if the actual owner is a company that directly owns at least 70 percent of the voting shares of the company paying the dividends; (b) 15 percent of the total amount of dividends in all other cases. This paragraph does not affect the taxation of the company in respect of the profits from which the dividends are paid. 3. The term "dividends", as used in this article, means income from shares or other rights other than debt claims, income from profit-sharing, and income from other corporate rights that are subject to the same tax treatment as income from shares under the national laws of the Contracting State in which the company is a resident. distributing profits. 4. The provisions of paragraphs 1 and 2 of this article shall not apply if the beneficial owner of the dividends, who is a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment located there or provides independent personal services in that other Contracting State from a permanent base and holding company located there, including in respect of which the dividends are paid, is indeed associated with such a permanent establishment or fixed base. In such a case, the provisions of articles 7 or 15, as the case may be, shall apply. 5. If a company that is a resident of a Contracting State derives profits or income from the other Contracting State, that other Contracting State may not levy any tax on dividends paid by that company, except in cases where such dividends are paid to a resident of that other Contracting State or the holding company in respect of which the dividends are paid is actually affiliated with a permanent establishment or permanent base located in that other Contracting State, and the company's undistributed profits shall not be taxed on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of income generated in the other Contracting State. 6. Nothing in this Agreement may be interpreted as preventing a Contracting State from levying a special tax on the profits of a company having a permanent establishment in that Contracting State in addition to the tax that is assessed on the net profits of a company that is a national of that Contracting State, provided that any additional tax so assessed does not It will exceed 5 percent of the amount of such net profit, which was not subject to such additional taxation in previous tax years. For the purposes of this regulation, net income is determined after deduction of all taxes other than the additional tax referred to in this paragraph levied in the Contracting State in which the permanent establishment is located.

Article 11 INTEREST

1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that Contracting State, but if the recipient is the beneficial owner of the interest and a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the total amount of the interest. 3. Notwithstanding the provisions of paragraph 2 of this article: (a) Interest arising in Kazakhstan is taxable only in Vietnam if the interest is paid: (i) The Government of Vietnam or its local authorities; or (ii) the State Bank of Vietnam or any other State-owned bank; or (iii) any other institutions wholly owned by the Government of Vietnam, as agreed between the competent authorities of the Contracting States. b) Interest arising in Vietnam is taxable only in Kazakhstan if the interest is paid: (i) the Government of the Republic of Kazakhstan or its local authorities; or (ii) the National Bank of the Republic of Kazakhstan or any other state-owned bank; or (iii) any other institutions that are wholly owned by the Government of the Republic of Kazakhstan, as agreed between the competent authorities of the Contracting States. 4. The term "interest", as used in this article, means income from debt claims of any kind, secured or unsecured and giving or not giving the right to participate in debtors' profits, and in particular income from government/government securities and income from bonds or debentures, including premiums and winnings on these securities, bonds, or debentures. Penalties for late payments are not considered as interest for the purposes of this article. 5. The provisions of paragraphs 1, 2 and 3 of this article shall not apply if the beneficial owner of the interest, who is a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment located there or provides independent personal services in that other Contracting State from a permanent base located there and a debt claim in in respect of which interest is paid, does relate to such a permanent establishment or permanent base, or to the sale of goods or merchandise, or to the business activities referred to in subparagraphs (a) to (c). paragraph 1 of Article 7. In such a case, the provisions of articles 7 or 15, as the case may be, shall apply. 6. Interest shall be deemed to arise in a Contracting State if the payer is the State of the Party itself. If, however, the person paying the interest, regardless of whether he is a resident of a Contracting State or not, has a permanent establishment or permanent base in a Contracting State in connection with which the debt on which the interest is paid has arisen and such interest is paid to such permanent institutions or permanent base, then such The interest shall arise in the Contracting State in which such permanent establishment or fixed base is located. 7. If, due to a special relationship between the payer and the actual owner of the interest, or between both of them and any other person, the amount of interest relating to the debt claim on the basis of which it is paid exceeds the amount that would have been agreed between the payer and the actual owner of the interest in the absence of such a relationship, the provisions of this article shall apply only to the last mentioned amount. In such a case, the excess part of the payment is subject to taxation in accordance with the national legislation of each Contracting State, taking into account the other provisions of this Agreement.

Article 12 ROYALTIES

1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and in accordance with the national laws of that Contracting State, but if the recipient is the beneficial owner of the royalties and a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the total amount of the royalties. 3. The term "royalties", as used in this article, means payments of any kind received as remuneration for the use or grant of the right to use any copyright in works of literature, art or science, including software, cinematographic films or films or recordings used in radio or television broadcasts, any patent, trademark, design or a model, plan, secret formula, or process, or for information related to industrial, commercial, or scientific experience, and payments for the use or grant of the right to use industrial, commercial or scientific equipment. 4. The provisions of paragraphs 1 and 2 of this article shall not apply if the beneficial owner of the royalties, who is a resident of a Contracting State, carries on business in the other Contracting State in which the royalties originated through a permanent establishment located there or provides independent personal services in that other Contracting State from a permanent base located there, and the right or property in which in respect of which royalties are paid, is actually related to such a permanent establishment or permanent base, or sales of goods or products, or business activities mentioned in sub-paragraphs (a) to (c) paragraph 1 of Article 7. In such a case, the provisions of articles 7 or 15, as the case may be, shall apply. 5. Royalties shall be deemed to arise in a Contracting State if the payer is a resident of that Contracting State. If, however, the person paying the royalties, regardless of whether he is a resident of a Contracting State or not, has a permanent establishment or permanent base in a Contracting State in connection with which the obligation to pay royalties has arisen, and such royalties are paid by that permanent establishment or permanent base, then such royalties shall be deemed to have arisen in the State in which where a permanent establishment or permanent base is located. 6. If, as a result of a special relationship between the payer and the actual owner of the royalty or between both of them and any other person, the amount of the royalty relating to the use, right or information on the basis of which it is paid exceeds the amount that would have been agreed between the payer and the actual owner of the royalty in the absence of such a relationship, the provisions of this article shall apply only to the last mentioned amount. In such a case, the excess part of the payment is subject to taxation in accordance with the national legislation of each Contracting State, with due regard to the other provisions of this Agreement.

Article 13 REMUNERATION FOR TECHNICAL SERVICES

1. Remuneration for technical services received from sources of one Contracting State by a resident of the other Contracting State who is its beneficial owner and is subject to taxation in that other Contracting State in respect of remuneration for technical services may be taxed in the first-mentioned Contracting State at a rate not exceeding 15 percent of the total amount of remuneration for technical services. 2. The term "remuneration for technical services", as used in this article, means payments of any kind to a person other than the employer (employee of the person) making the payments as remuneration for any technical, managerial or consulting services. 3. The provisions of paragraph 1 of this article shall not apply if the beneficial owner of the remuneration for technical services, being a resident of a Contracting State, carries on business in the other Contracting State in which the remuneration for technical services arises through a permanent establishment located in that other Contracting State, or provides independent personal services in that other Contracting State, and The rewards for technical services are indeed related to such a permanent establishment or such services. In such cases, the provisions of articles 7 or 15 of this Agreement, as appropriate, shall apply. 4. Remuneration for technical services shall be deemed to arise in a Contracting State if the payer is a resident of that Contracting State. However, if the person paying remuneration for technical services, regardless of whether he is a resident of a Contracting State or not, has a permanent establishment in a Contracting State in connection with which an obligation has arisen to pay remuneration for technical services, and the costs of such remuneration for technical services are borne by such permanent establishment, then in this case Such remuneration for technical services shall be deemed to have arisen in the Contracting State in which the permanent establishment is located. 5. If, due to a special relationship between the payer and the actual owner or between both of them and any other person, the amount of remuneration paid for technical services exceeds, for any reason, the amount that would have been agreed upon by the payer and the actual owner in the absence of such a relationship, the provisions of this article shall apply only to the last mentioned amount. In such a case, the excess part of the payment is subject to taxation in accordance with the national legislation of each Contracting State, with due regard to the other provisions of this Agreement.

Article 14 PROCEEDS FROM ALIENATION OF PROPERTY

1. Income earned by a resident of a Contracting State from the alienation of immovable property as defined in paragraph 2 of Article 6 and located in the other Contracting State may be taxed in that other Contracting State. 2. Income earned by a resident of a Contracting State from the sale of shares or comparable interest in a company whose assets consist, directly or indirectly, wholly or mainly of immovable property located in the other Contracting State, may be taxed in that other Contracting State. For the purposes of this paragraph, "substantially" with respect to the ownership of immovable property means that the value of such immovable property exceeds 30% of the total value of all assets of the owning company. 3. Income from the sale of shares other than those referred to in paragraph 2 of this article representing an interest of at least 25 per cent in the capital of a company that is a resident of a Contracting State may be taxed in that Contracting State. 4. Income from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State, or from movable property relating to a permanent base held by a resident of a Contracting State in the other Contracting State for the purpose of providing independent personal services, including such income from the alienation of such permanent establishment (separately or in conjunction with the entire enterprise) or such a permanent base, may be taxed in that other Contracting State. 5. Income earned by a resident of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property related to the operation of such ships or aircraft shall be taxable only in that Contracting State. 6. Gains from the alienation of any property other than that referred to in the preceding paragraphs shall be taxable only in the Contracting State of which the alienator is a resident.

Article 15 INCOME FROM THE PROVISION OF INDEPENDENT PERSONAL SERVICES

1. Income earned by a resident of a Contracting State in respect of professional services or other activities of an independent nature shall be taxable only in that Contracting State, except in the following circumstances, when such income may also be taxed in the other Contracting State: a) if he has a permanent base at his disposal on a regular basis in the other Contracting State for the purpose of carrying out these activities; in this case, only that part of the income relating to that fixed base may be taxed in that other Contracting State; b) if it is present in the other Contracting State for a period or periods totaling or exceeding 183 days in any twelve-month period beginning or ending in the relevant tax year; In this case, only that part of the income earned as a result of his activities in the other Contracting State may be taxed in that Contracting State. In such a case, income related to services may be taxed in that other Contracting State in accordance with principles similar to those contained in Article 7 of this Agreement, in order to determine the amount of business profits and to assign the business profits to its permanent establishment. 2. The term "professional services" includes, in particular, independent scientific, literary, artistic, educational or teaching activities, as well as the independent activities of doctors, dentists, lawyers, engineers, architects and accountants.

Article 16 DEPENDENT PERSONAL SERVICES

1. Subject to the provisions of articles 17, 19 and 20 of this Agreement, salaries, wages and other similar remuneration earned by a resident of a Contracting State in connection with an employment shall be taxable only in that Contracting State, unless the employment is performed in the other Contracting State. If the employment is performed in this manner, such remuneration derived therefrom may be taxed in that other Contracting State. 2. Notwithstanding the provisions of paragraph 1 of this article, remuneration earned by a resident of a Contracting State in connection with an employment performed in the other Contracting State shall be taxable only in the first-mentioned Contracting State if: (a) The recipient is present in the other Contracting State for a period or periods not exceeding a total of 183 days in any twelve-month period beginning or ending in the relevant tax year; and (b) the remuneration is paid by or on behalf of the employer who is not a resident of the other Contracting State; and (c) the remuneration is not paid by a permanent establishment or fixed base which the employer has in the other Contracting State. 3. Notwithstanding the preceding provisions of this article, remuneration derived in respect of an employment performed on board a ship or aircraft operated in international traffic may be taxed in the Contracting State of which the enterprise operating the ship or aircraft is a resident.

Article 17 DIRECTORS' FEES

Directors' fees and other similar payments received by a resident of a Contracting State in his capacity as a member of the board of directors or a similar body of a company that is a resident of the other Contracting State may be taxed in that other Contracting State.

Article 18 ARTISTS AND ATHLETES

1. Notwithstanding the provisions of Articles 15 and 16 of this Agreement, income earned by a resident of a Contracting State as an artist, such as a theater, film, radio or television artist or musician, or as an athlete from his personal activities carried on in the other Contracting State, may be taxed in that other Contracting State. 2. If income from personal activities exercised by an entertainer or an athlete in that capacity accrues not to the entertainer or athlete himself but to another person, that income may, notwithstanding the provisions of articles 7, 15 and 16 of this Agreement, be taxed in the Contracting State in which the activities of the entertainer or athlete are carried on.

Article 19 PENSIONS AND ANNUITIES

1. Subject to the provisions of paragraph 2 of article 20, pensions and other similar payments paid for past employment to a resident of a Contracting State and any annuities paid to such a resident shall be taxable only in that Contracting State. 2. The term "annuities" means fixed amounts paid periodically, at fixed dates, over a lifetime or over a period of time in accordance with an obligation to make payments in return for adequate and full reimbursement in monetary or monetary terms.

Article 20 PUBLIC SERVICE

1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or its local authorities to an individual in respect of services rendered to that Contracting State or its local authorities shall be taxable only in that State. The Contracting State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that Contracting State and the individual is a resident of that Contracting State.: (i) is a national of that State; or (ii) has not become a resident of that State solely for the purpose of performing military service. 2. (a) Any pension paid by a Contracting State or its local authorities or from funds created by them to an individual in respect of services rendered to that Contracting State or its local authorities shall be taxable only in that Contracting State. (b) However, such pension is taxable only in the other Contracting State if the individual is a resident of and a national of that Contracting State. 3. The provisions of articles 16, 17, 18 and 19 of this Agreement shall apply to salaries, salaries and other similar remuneration and pensions in respect of services related to business activities carried on by a Contracting State or its local authorities.

Article 21 STUDENTS AND INTERNS

1. Amounts which a student or trainee who is or was a resident of the other Contracting State immediately prior to his arrival in a Contracting State and is present in the first-mentioned Contracting State solely for the purpose of obtaining education or internship receives for the purposes of his maintenance, education or internship shall not be taxed in that Contracting State, provided that that such sources of these amounts are located outside the Contracting State. 2. Notwithstanding the provisions of Articles 15 and 16 of this Agreement, remuneration for services rendered by a student or trainees in a Contracting State shall be exempt from tax in that Contracting State, provided that such services are related to his studies or practice.

Article 22 TEACHERS, PROFESSORS AND RESEARCHERS

An individual who is or was, immediately prior to arrival in one Contracting State, a resident of the other Contracting State and is present in the first-mentioned Contracting State primarily for the purpose of teaching, lecturing or conducting scientific research in educational institutions or research institutes of that Contracting State accredited by the Government of the first-mentioned Contracting State, shall be exempt from taxation in the first-mentioned Contracting State for a period of two years from the date of his first arrival in the first-mentioned Contracting State in respect of remuneration for teaching, lecturing or conducting scientific research.

Article 23 OTHER INCOME

1. The types of income of a resident of a Contracting State, regardless of the source of its origin, which are not mentioned in the preceding articles of this Agreement, shall be taxable only in that Contracting State. 2. The provisions of paragraph 1 of this article shall not apply to income other than income from immovable property defined in paragraph 2 of Article 6 of this Agreement if the recipient of such income, being a resident of one Contracting State, carries on business in the other Contracting State through a permanent establishment located therein or provides independent personal services in that other Contracting State. services through a permanent base located there and the right or property in connection with which the income was paid, indeed, it is connected with such a permanent establishment or permanent base. In such a case, the provisions of articles 7 or 15 of this Agreement, as appropriate, shall apply. 3. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, types of income of a resident of a Contracting State from sources in the other Contracting State not mentioned in the preceding articles of this Agreement and arising in the other Contracting State may also be taxed in that other Contracting State.

Article 24 ELIMINATION OF DOUBLE TAXATION

1. In the case of Kazakhstan, double taxation is eliminated as follows: If a resident of Kazakhstan earns income that, according to the provisions of this Agreement, may be taxed in Vietnam, Kazakhstan will allow deduction from the income tax of this resident an amount equal to the income tax paid in Vietnam. The amount of tax deductible in accordance with the above provisions should not exceed the tax that would be accrued on the same income. at the rates applicable in Kazakhstan. If a resident of Kazakhstan receives income that, in accordance with the provisions of this Agreement, is taxable only in Vietnam, Kazakhstan may include this income in the tax base, but only for the purpose of setting the tax rate on such other income as is taxable in Kazakhstan. 2. In the case of Vietnam, double taxation will be eliminated as follows: If a resident of Vietnam receives income, profit or capital gains that, according to the national legislation of Kazakhstan and in accordance with this Agreement, can be taxed in Kazakhstan, Vietnam will allow as a deduction from income, profit or capital gains tax an amount equal to the income tax paid in Kazakhstan. The amount of the deduction, however, should not exceed the amount of Vietnamese tax on the same income, profit or capital gains that would be accrued in accordance with Vietnam's national tax laws and regulations. If a resident of Vietnam receives income that, in accordance with the provisions of this Agreement, is taxable only in Kazakhstan, Vietnam may include this income in the tax base, but only for the purpose of setting the tax rate on such other income as is taxable in Vietnam.

Article 25 NON-DISCRIMINATION

1. Nationals of a Contracting State shall not be subject in the other Contracting State to any taxation or any related obligation other or more burdensome than taxation and related obligations to which nationals of that other Contracting State are or may be subject in the same circumstances. 2. The taxation of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourable in that other Contracting State than the taxation of enterprises of that other Contracting State engaged in similar activities. This provision should not be interpreted as obliging a Contracting State to grant residents of the other Contracting State any personal tax benefits, discounts and deductions for tax purposes based on their civil status or marital status, which it grants to its residents. 3. Enterprises of a Contracting State whose capital is wholly or partly owned or controlled directly or indirectly by one or more residents of the other Contracting State shall not be subject in the first-mentioned Contracting State to any taxation or any obligations related thereto that are other or more burdensome than taxation and related obligations to which they are or may be subject. other similar enterprises of the first-mentioned Contracting State may be affected. 4. The provisions of this article apply only to taxes that are the subject of this Agreement. 5. Notwithstanding the provisions of this article, as long as Vietnam continues to grant licenses to investors in accordance with the national legislation on foreign investment in Vietnam, which determines the taxation to which the investor is subject, the establishment of such taxation shall not be considered as violating the condition of paragraphs 2 and 3 of this article.

Article 26 MUTUAL AGREEMENT PROCEDURE

1. If a person who is a resident of a Contracting State considers that the actions of one or both of the Contracting States lead or will lead to his taxation not in accordance with the provisions of this Agreement, he may, regardless of the remedies provided for by the national legislation of those Contracting States, submit his case to the competent authority of the Contracting State of which he is a resident. The application must be submitted within three years from the date of the first notification of actions leading to taxation not in accordance with the provisions of this Agreement. 2. The competent authority of a Party shall do everything possible, if it considers the application to be justified and if it is not able to come to a satisfactory solution on its own, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to avoiding taxation that is not in accordance with this Agreement. Any agreement reached will be executed regardless of any time limits provided for by the national laws of the Contracting States. 3. The competent authorities of the Contracting States shall make every effort to resolve by mutual agreement any difficulties or doubts arising in the interpretation or application of the Agreement. They may also consult with each other in order to eliminate double taxation in cases not provided for by the Agreement. 4. The competent authorities of the Contracting States may enter into direct contact with each other in order to reach agreement within the meaning of the preceding paragraphs. The competent authorities, through consultations, shall develop appropriate bilateral procedures, conditions, methods and methods for implementing the mutual consent procedure provided for in this article. In addition, the competent authority may develop appropriate unilateral procedures, conditions, methods and methods to facilitate the above-mentioned bilateral actions and the implementation of the mutual agreement procedure. If, in order to reach an agreement, it is advisable to organize an oral exchange of views, such an exchange may take place within the framework of a meeting of a special commission by mutual agreement of the competent authorities, consisting of representatives of the competent authorities of the Contracting States.

Article 27 EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall exchange the information necessary to comply with the provisions of this Agreement or the national laws of the Contracting States concerning taxes to which this Agreement applies to the extent that taxation under that national law does not conflict with this Agreement, in particular to prevent fraud and evasion of such taxes. The exchange of information is not limited to article 1 of this Agreement. Any information received by a Contracting State is considered confidential in the same way as information obtained under the national legislation of that Contracting State and is disclosed only to persons or authorities (including courts and administrative authorities) engaged in the assessment or collection, enforcement or prosecution, or consideration of appeals concerning taxes for which The Agreement is being extended. Such persons or authorities use the information only for these purposes. They may disclose this information during an open court hearing or when making court decisions. The competent authorities shall, through consultations, develop appropriate conditions, methods and methods relating to the issues in respect of which such exchanges of information regarding the avoidance of taxation are carried out. 2. In no case shall the provisions of paragraph 1 of this article be interpreted as imposing obligations on a Contracting State.: (a) To take administrative measures contrary to the national legislation and administrative practice of that or the other Contracting State; (b) To provide information that cannot be obtained under the national legislation or in the ordinary course of administrative practice of that or the other Contracting State; c) provide information that would disclose any trade, business, industrial, commercial or professional secret, or trade process, or information the disclosure of which would be contrary to public policy (public order). 3. If information is requested by a Contracting State in accordance with this article, the other Contracting State shall use its information collection measures to obtain the requested information, even if such information is not required by that other Contracting State for its own tax purposes. The obligation contained in the previous sentence is limited by paragraph 2 of this article, but in no case can such restrictions be interpreted as allowing a Contracting State to refuse to provide information solely because there is no intrinsic interest in such information. 4. In no case shall the provisions of paragraph 3 of this article be interpreted as authorizing a Contracting State to refuse to provide information solely because the holder of the information is a bank, another financial institution, a nominee holder or a person acting as an agent or attorney, or because the information relates to the property rights of a person.

Article 28 EMPLOYEES OF DIPLOMATIC MISSIONS REPRESENTATIVE OFFICES AND CONSULAR OFFICES

Nothing in this Agreement affects the tax privileges of employees of diplomatic missions and consular institutions to whom such privileges are granted by the general rules of international law or in accordance with the provisions of international treaties to which the Contracting States are parties.

Article 29 ENTRY INTO FORCE

The Parties will notify each other in writing through diplomatic channels of the completion of the procedures required by the national laws of the Contracting States for the entry into force of this Agreement. This Agreement will enter into force on the thirtieth day after the date of receipt of the last written notification that the Contracting States have completed the procedures necessary for the entry into force of this Agreement. The provisions of this Agreement will apply: a) in Kazakhstan: (i) taxes withheld at source in respect of amounts paid or deductible on or after the first of January of the calendar year following the year in which this Agreement entered into force; and (ii) other taxes in respect of tax periods beginning on or after the first of January of the calendar year following for the year in which this Agreement entered into force. (b) In Vietnam: (i) with respect to taxes withheld at source, to taxable amounts paid or deductible on or after the first of January of the calendar year following the year in which this Agreement entered into force; and (ii) with respect to other taxes, to income, profits or value added, arising in the calendar year following the year in which this Agreement entered into force.

Article 30 TERMINATION

Any Contracting State may terminate this Agreement by sending through diplomatic channels a written notification of its intention to terminate this Agreement at least six months before the end of any calendar year following the expiration of a five-year period from the date of entry into force of this Agreement. In this case, this Agreement will terminate.: a) in Kazakhstan: (i) in respect of taxes withheld at source for amounts paid or deductible on or after the first of January of the calendar year following the year in which the notice of termination was given; and (ii) in respect of other taxes, for the taxable period beginning on or after the first of January of the calendar year, the year following the year in which the termination notice was sent. (b) In Vietnam: (i) with respect to taxes withheld at source, with taxable amounts paid or deductible on or after the first of January of the calendar year following the year in which the termination notice was given; and (ii) with respect to other taxes, on income, profits or value added, occurring in the calendar year following the year in which the termination notice was sent, and in subsequent calendar years.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.

Done in two copies in Hanoi on October 31, 2011, each in Kazakh, Vietnamese, Russian, and English, all texts are equally authentic. In case of discrepancies in interpretation, the English text is decisive.

FOR THE GOVERNMENT REPUBLIC OF KAZAKHSTAN

FOR THE GOVERNMENT OF THE SOCIALIST REPUBLIC Vietnam

RCPI's note! The text of the Agreement is attached in Vietnamese and English.

President

Republic of Kazakhstan

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