Procedures for reduction of export and import taxes in customs clearance fall under the jurisdiction of the Customs Sub-Department
- April 19, 2023
Procedure name | Procedures for reduction of export and import taxes in customs clearance fall under the jurisdiction of the Customs Sub-Department |
Decision issued | 764/QD-BTC |
How to perform | – Submit directly to the customs office;
– Submit by post. – Send via the electronic data processing system of the customs authority. |
Resolution deadline | Implement tax reduction within the time limit for customs procedures as prescribed in Article 23 of the Customs Law. After the customs declarant fully implements the requirements to complete customs procedures, the time limit for customs officers to complete document inspection and physical inspection of goods and means of transport is prescribed as follows: a) Complete the document inspection no later than 02 (two) working hours from the time the customs authority receives complete customs documents; b) Complete the physical inspection of the goods no later than 08 (eight) working hours from the time the customs declarant fully presents the goods to the customs authority. In case the goods are subject to specialized inspection in terms of quality, health, culture, animal and plant quarantine, and food safety according to relevant laws, the time limit for completing the physical inspection is The validity of goods is calculated from the time of receiving specialized inspection results according to regulations. In case the shipment has a large quantity, many types or the inspection is complicated, the head of the customs office where customs procedures are carried out shall decide to extend the time for physical inspection of goods, but the extension time is no more than 02 days; Customs authorities carry out customs procedures for goods on holidays, days off and outside working hours to ensure timely loading and unloading of exported and imported goods, and the exit and entry of passengers. , means of transport or based on the request of the customs declarant and in accordance with the actual conditions of the customs operating area. Within 15 (fifteen) days from the date of receipt of complete documents, the customs authority shall reduce tax or notify the taxpayer of the reason for not being eligible for tax reduction. |
Implementation object | Organizations and individuals. |
Implementing agencies | – Agency directly implementing administrative procedures: Customs Branch.
– Authority or competent person authorized or decentralized to implement (if any): No. – Coordinating agency (if any): No. |
Result | The customs authority shall reduce tax within the time limit for completing customs procedures or notify the taxpayer of the reason for not being subject to tax reduction. |
Fees and charges | No specified |
Requires implementation conditions | – Exported and imported goods that are under the supervision of customs authorities according to the provisions of the 2014 Customs Law and guiding documents, if damaged or lost due to objective causes, are Tax reduction according to the provisions of Clause 1, Article 18 of the Law on Export Tax and Import Tax No. 107/2016/QH13. – Taxpayers submit tax reduction documents to the Customs Branch at the time of customs procedures according to the provisions of Point b, Clause 3, Article 32 of Decree 134/2016/ND-CP. |
Legal grounds | – Law on export tax and import tax No. 107/2016/QH13.
– Article 23, Clause 2, Article 25 of Customs Law No. 54/2014/QH13. – Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government stipulating details and measures to implement the Customs Law and customs procedures, inspection, supervision, customs control and documents. amendments, supplements, replacements (if any). – Article 32 of Decree No. 134/2016/ND-CP dated September 1, 2016 of the Government detailing a number of articles and measures to implement the Law on Export Tax and Import Tax. – Clause 16, Article 1 of Decree No. 18/2021/ND-CP dated March 11, 2021 of the Government amending and supplementing a number of articles of Decree No. 134/2016/ND-CP dated September 1, 2016 of The Government details a number of articles and measures to implement the Law on Export Tax and Import Tax. |
The order of execution | Bughc 1: Taxpayers submit documents requesting tax reduction to the Customs office where customs procedures are carried out at the time of customs procedures.
BWish 2: The customs office where procedures are carried out receives and checks documents; Physical inspection of damaged goods; Check tax reduction conditions; Implement tax reduction within the time limit for customs procedures or notify the reason why it is not subject to reduction |
Profile components | – The taxpayer's official letter requesting tax reduction sent through the customs authority's electronic data processing system according to the information criteria in Form No. 3, Appendix VIIa or the official letter requesting tax reduction according to Form No. 08 in Appendix VII issued with Decree No. 18/2021/ND-CP: 01 original copy;
– Insurance contract, notice of compensation payment from the insured organization (if any), in case the insurance contract does not include tax compensation content, confirmation from the insurance organization must be required; Contract or minutes of compensation agreement of the carrier in case of loss caused by the carrier (if any): 01 photocopy; – Minutes confirming the cause of damage from the authorities in the area where the damage occurred (minutes confirming the fire from the fire prevention and fighting police agency of the locality where the fire occurred; written confirmation received from one of the following relevant agencies and organizations: Commune, Ward or Town Police Department; Commune, Ward or Town People's Committee; Industrial Park Management Board; Economic zone management board; Border gate management board; Maritime port authority; Airport authority where force majeure events occur such as natural disasters, epidemics, or unexpected accidents that cause damage to natural resources. imported materials, machinery and equipment): 01 original copy. – Inspection certificate of the trader providing inspection services on the quantity of lost goods or actual loss rate of goods: 01 original copy.
|
Number of records | 01 set |
Name of the declaration form | Official letter requesting export and import tax reduction, form No. 08 in Appendix VII issued with Decree No. 18/2021/ND-CP. |
Attachments | 0 |
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Phone: (+84) 28-2218.7777 // (+84) 28-2219.7777
Website: https://whitelotuslogistics.com.vn
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