General guarantee procedures according to Article 43 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance.
- April 24, 2023
Procedure name | General guarantee procedures according to Article 43 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance. |
Decision issued | Decision No. 2770/QD-BTC dated December 25, 2015 |
How to perform | – Organizations and individuals submit letters of guarantee directly at the Customs Branch headquarters;
– In case of electronic guarantee: The guarantee bank sends information about the letter of guarantee to the customs authority via the electronic payment portal. |
Resolution deadline | Before or at the time of registering the import-export declaration |
Implementation object | Organization, individual or bank that has signed a collection coordination agreement. |
Implementing agencies | – Authority with decision-making authority: Director of the Customs Branch where the customs declaration is registered.
– Authority or competent person authorized or decentralized to implement (if any): – Agency directly implementing administrative procedures: Customs Branch where the customs declaration is registered. – Coordinating agency (if any): The bank that has signed a collection coordination agreement or another credit institution. |
Result | Accept guarantee and customs clearance of goods or document refusal to apply guarantee. |
Fees and charges | Do not have |
Requires implementation conditions | Do not have |
Legal grounds | Law No. 21/2012/QH13 amends and supplements a number of articles of the Law on Tax Administration.
– Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance regulating customs procedures; customs inspection and supervision; export tax, import tax and tax administration for exported and imported goods. |
The order of execution | – Step 1: Before carrying out procedures for export and import goods; Organizations and individuals must send a document to the Customs Branch where the declaration is registered requesting a general guarantee for imported goods according to form No. 06A/ĐĐNBLC/TXNK and submit a Joint Guarantee Letter made according to form No. 06. /TBLC/TXNK Appendix VI issued together with Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance;
In case of electronic tax guarantee by commercial banks that have signed a collection coordination agreement with the General Department of Customs, the guarantee bank will send information about the letter of guarantee to the above electronic payment system. electronic payment portal of the General Department of Customs before customs clearance or release of goods. – Step 2: The Customs Branch where the declaration is registered checks the guarantee conditions according to the instructions in Clause 2, Article 43 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance, if If satisfied, accept a general guarantee for export and import goods declarations of organizations and individuals registering for the period of time the organization or individual requests to be guaranteed stated on the Letter of Guarantee, determine the time period. Tax payment deadline according to the guarantee period for each shipment according to regulations and customs clearance or release of goods. In case the guarantee conditions are not fully met, the Customs Branch will notify the organization or individual in writing of refusal to apply the guarantee. |
Profile components | + Application for application of tax and fine guarantee for imported goods in the form of general guarantee (01 original copy).
+ General letter of guarantee from the credit institution (01 original copy). |
Number of records | 01 set |
Name of the declaration form | – Application for applying tax and fine guarantees for imported goods in the form of general guarantee, made according to form No. 06A/ĐĐNBLC/TXNK, Appendix VI issued with Circular 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance. – General letter of guarantee made according to form No. 06/TBLC/TXNK, Appendix VI issued with Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance of the Ministry of Finance. |
Attachments | MAU___ TKHQTT___38__2015.doc |
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