Procedures for separate guarantee 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 | Procedures for separate guarantee 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 headquarters of the Customs Branch; or:
– In case of electronic tax guarantee: The guarantee bank sends information about the letter of guarantee to the customs authority via the electronic payment system on the Electronic Payment Portal of the General Department of Customs. |
Resolution deadline | Before or at the time of registering the import-export declaration or before customs clearance or release of goods. |
Implementation object | Organizations, individuals or banks that have signed and agreed to coordinate collection. |
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): Credit institution. |
Result | Accept guarantee and customs clearance/release of goods or written refusal to apply guarantee. |
Fees and charges | Do not have |
Requires implementation conditions | Do not have |
Legal grounds | – Law No. 21/2012/QH13 amending and supplementing 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: When carrying out procedures for export or import shipments, if providing a guarantee, the organization or individual must submit a Letter of Guarantee from the credit institution receiving the guarantee to the Customs Branch where the customs declaration is registered before notification. Customs clearance or release of goods according to form No. 05/TBLR/TXNK Appendix VI issued 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 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 met, accepts the guarantee and approves the guarantee. Customs clearance or release of goods. + In case of electronic tax guarantee by commercial banks that have signed a collection coordination agreement with the General Department of Customs: When receiving information on the tax guarantee amount at the commercial bank through the system Electronic payment on the Electronic Payment Portal of the General Department of Customs, the Customs authority updates the database of the General Department of Customs and accepts customs clearance 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. + The individual guarantee period does not exceed the period specified in Clause 3, Article 42 of the Law on Tax Administration, amended and supplemented in Clause 11, Article 1 of Law No. 21/2012/QH13 amending and supplementing a number of articles of the Law on Tax Administration. tax management. |
Profile components | Separate letter of guarantee from a credit institution |
Number of records | 01 set |
Name of the declaration form | The separate letter of guarantee is made according to form No. 05/TBLR/TXNK Appendix VI issued with Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance. |
Attachments | MAU___ TKHQTT__38__2015.doc |
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