Customs procedures for the purchase, sale and exchange of goods by border residents
- April 24, 2023
Procedure name | Customs procedures for the purchase, sale and exchange of goods by border residents |
Decision issued | Decision No. 2770/QD-BTC dated December 25, 2015 |
How to perform | Directly at the customs office headquarters. |
Resolution deadline | There are no specific regulations (usually no more than 1 hour). |
Implementation object | Individual. |
Implementing agencies | – Authority with decision-making authority: Customs Branch
– Authority or competent person authorized or decentralized to implement (if any): None. – Agency directly implementing administrative procedures: Customs Branch. – Coordinating agency to carry out administrative procedures (if any): None. |
Result | Customs clearance confirmation. |
Fees and charges | Do not have. |
Requires implementation conditions | 1. Subjects are allowed to buy, sell, and exchange goods across borders. Citizens with permanent residence in the border areas of Vietnam and China, Laos, and Cambodia are allowed to buy, sell, and exchange goods. in accordance with regulations on goods traded across borders and enjoy tax exemption according to regulations. 2. Border gates and places for trading and exchanging goods across borders Implemented according to Decision No. 254/2006/QD-TTg dated November 7, 2006 of the Prime Minister on the management of border trade activities with bordering countries and Joint Circular No. 01/2008/TTLT- BCT- BTC- BGTVT- BNN&Development- BYT- NHNN dated January 31, 2008. |
Legal grounds | – Customs Law No. 54/2014/QH13 dated June 23, 2014;
– Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government detailing and implementing measures of the Customs Law on customs procedures, inspection, supervision, control and customs. - Joint Circular No. 01/2008/TTLT-BCT-BTC-BGTVT-BNN&PTNT-BYT-NHNN dated January 31, 2008 guiding the implementation of Decision No. 254/2006/QD-TTg dated November 7, 2006 of Prime Minister; – Official Dispatch No. 1420/TTg-KTTH dated August 27, 2008 of the Prime Minister on customs clearance of border import and export goods; – Circular No. 38/2015/TT-BTC dated March 25, 2015 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: Border residents declare a Customs Declaration or Manifest (hereinafter referred to as the Manifest), submit and present customs documents (including the Manifest and goods documents if attached, and the Border Passport). border/Border ID card/Identity card clearly stating the permanent or long-term temporary residence address in the border commune/ward/town) and present the goods to the border gate customs for inspection and supervision , compare the actual goods with the declaration on the List according to regulations.
Step 2: Border gate customs receive customs dossiers and goods submitted and presented by border residents for preliminary inspection and supervision (or details if found to be inconsistent with declaration or have undeclared goods or have goods violating export and import regulations); Resolve export and import procedures and tax regime for exported and imported goods (if any) and tax exemption regime for imported goods, handle violations (if any) according to regulations. Determine and decide on customs clearance of exported and imported goods for border residents; liquidate and store records of border residents according to regulations. |
Profile components | Profile components:
– The goods owner presents the border ID card or border laissez-passer issued by the competent authority of the bordering country to enjoy tax exemption. – Goods traded or exchanged by border residents are not required to be declared on customs declarations for goods within the prescribed norms; For goods exceeding the limit, the excess amount must be declared on the non-commercial declaration. – If goods traded or exchanged by border residents exceed the prescribed limit, the Customs Authority will collect tax directly on the Non-commercial Export/Import Goods Declaration for the portion exceeding that limit. – Goods purchased, sold or exchanged by border residents do not have to submit a Certificate of Origin (C/O). Determining the origin of goods in this case is based on the actual inspection by customs officials. |
Number of records | 01 set |
Name of the declaration form | List of goods purchased, sold and exchanged by border residents - Form BK/2009/CDBG. |
Attachments | MauBK.2009.CDBG.doc |
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