Procedures for physical inspection of conditions for customs inspection and supervision for export processing enterprises that have been granted an investment registration certificate, an adjusted investment registration certificate (if any) or a document of the competent authority. competent investment registration authority in case it is not required to issue an Investment Registration Certificate before the effective date of Decree No. 18/2021/ND-CP and is in the process of operation, including: all export processing enterprises have been certified by the customs authority on the conditions for customs inspection and supervision before the effective date of Decree No. 18/2021/ND-CP
- April 19, 2023
Procedure name | Procedures for physical inspection of conditions for customs inspection and supervision for export processing enterprises that have been granted an investment registration certificate, an adjusted investment registration certificate (if any) or a document of the competent authority. competent investment registration authority in case it is not required to issue an Investment Registration Certificate before the effective date of Decree No. 18/2021/ND-CP and is in the process of operation, including: all export processing enterprises have been certified by the customs authority on the conditions for customs inspection and supervision before the effective date of Decree No. 18/2021/ND-CP |
Decision issued | 764/QD-BTC |
How to perform | Submit directly or by post to the Customs Branch where the export processing enterprise is managed. |
Resolution deadline | Within a maximum period of 10 working days from the date of receipt of the notification from the export processing enterprise. |
Implementation object | Export processing enterprises and investors implementing investment projects register as export processing enterprises |
Implementing agencies | Customs Branch |
Result | Certificate of satisfaction/non-satisfaction of inspection and supervision conditions of the customs authority for non-tariff zones that are export processing enterprises according to Form No. 26, Appendix VII issued with Decree No. 18 /2021/ND-CP |
Fees and charges | No specified |
Requires implementation conditions | – Customs inspection and supervision conditions for export processing enterprises that are non-tariff zones must fully meet the following conditions: a) There is a hard fence separating it from the outside area; There are entrance and exit gates/doors to ensure that goods can be brought in and out of the export processing enterprise only through the gate/door. b) Have a camera system that can monitor positions at the entrance/exit gate and goods storage locations at all times of the day (24/24 hours, including holidays). , holiday); Camera image data is connected online to the customs agency managing the enterprise and is kept at the export processing enterprise for at least 12 months. The Director General of the General Department of Customs is responsible for promulgating the format of data messages exchanged between customs authorities and enterprises regarding surveillance camera systems to comply with the provisions at point b above. c) Have software to manage non-taxable imported goods of export processing enterprises to report import-export-inventory settlement on the use of imported goods according to customs laws. – After 01 year from the effective date of Decree No. 18/2021/ND-CP, export processing enterprises specified in Clause 5, Article 28a of Decree No. 18/2021/ND-CP do not implement the notification. reported according to regulations or do not meet the conditions for customs inspection and supervision as prescribed in Clause 1, Article 28a of Decree No. 18/2021/ND-CP, tax policies for non-tariff zones will not be applied. from the date beyond the 01 year period mentioned above. In case the enterprise then meets the conditions for customs inspection and supervision specified in Clause 1, Article 28a of Decree No. 18/2021/ND-CP and sends a written notification to the Customs Branch where it is managed, export processing enterprises to carry out inspection and confirmation according to the provisions of Point c, Clause 5, Article 28a of Decree No. 18/2021/ND-CP, tax policies for non-tariff zones will be applied from the date the Sub-department The customs office where the export processing enterprise is managed has a written confirmation that it has met the conditions for customs inspection and supervision as prescribed in Clause 1, Article 28a of Decree No. 18/2021/ND-CP. |
Legal grounds | – Customs Law No. 54/2014/QH13.
– Law on Export Tax and Import Tax No. 107/2016/QH13. - 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. – Decree No. 82/2018/ND-CP dated May 22, 2018 of the Government regulating the management of industrial parks and economic zones (hereinafter referred to as Decree No. 82/2018/ND-CP) and documents amendments, supplements, replacements (if any). – 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). – Clause 10, 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 detailing a number of articles and measures to implement the Law on Export Tax and Import Tax. |
The order of execution | Step 1: TWithin a maximum period of no more than 01 year from the effective date of this Decree, export processing enterprises must complete the conditions for customs inspection and supervision specified in Clause 1, Article 28a of Decree No. 18/ 2021/ND-CP. When the export processing enterprise has completed the conditions for customs inspection and supervision according to regulations, the export processing enterprise shall send a notice to the Customs Branch where the export processing enterprise is managed.
Step 2: The Customs Branch where the export processing enterprise is managed completes the inspection of compliance with customs inspection and supervision conditions according to regulations and sends a written confirmation to the export processing enterprise regarding satisfaction or non-compliance. Meet the conditions for customs inspection and supervision according to regulations. In case an export processing enterprise receives a written confirmation that it does not meet the conditions for customs inspection and supervision, the enterprise will continue to complete the conditions for customs inspection and supervision specified in Clause 1, Article 28a of the Decree. Decree No. 18/2021/ND-CP but no more than 01 year from the effective date of Decree No. 18/2021/ND-CP. Step 3: When the export processing enterprise has completed the conditions for customs inspection and supervision according to regulations, the enterprise continues to send a document to the Customs Sub-Department where the export processing enterprise is managed, requesting the Customs Sub-Department where the export processing enterprise is managed. Export processing enterprises re-check customs inspection and supervision conditions according to regulations. Step 4: The Customs Branch where the export processing enterprise is managed is responsible for completing the re-inspection of meeting the conditions for customs inspection and supervision and sending a document to the export processing enterprise on whether or not it meets the requirements. Customs inspection and supervision conditions according to regulations. |
Profile components | Notice of completion of construction and installation of equipment to meet customs inspection and supervision conditions for the non-tariff zone according to Form No. 25, Appendix VII issued with Decree No. 18/2021/ND -CP. |
Number of records | 01 set |
Name of the declaration form | Form No. 25 - Notice of completion of construction and installation of equipment to meet customs inspection and supervision conditions for the non-tariff zone in Appendix VII issued with Decree No. 18/2021/ ND-CP. Form No. 26 - Certificate of satisfaction/non-satisfaction of inspection and supervision conditions of customs authorities for non-tariff zones that are export processing enterprises in Appendix VII issued with Decree No. 18/2021/ND-CP. |
Attachments | 0 |
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