Procedures for tax exemption for imported and exported goods
- April 24, 2023
Procedure name | Procedures for tax exemption for imported and exported goods |
Decision issued | Decision No. 911/QD-BTC dated May 31, 2019 |
How to perform | – Taxpayers submit tax exemption documents directly at the customs office where procedures are carried out or by post.
– Submit application via electronic system |
Resolution deadline | Customs authorities shall exempt tax within the time limit for carrying out customs procedures according to the provisions of Article 23 of the Customs Law, specifically as follows: After the customs declarant has fully fulfilled the requirements to carry out 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 a maximum period of no more than 15 (fifteen) days from the date of receipt of complete documents, the customs authority shall exempt tax or notify the taxpayer of the reason for not being eligible for tax exemption. |
Implementation object | Taxpayers (Organizations, individuals). |
Implementing agencies |
a) Authority with decision-making authority: Customs Branch where customs procedures are carried out. b) Authority or competent person authorized or decentralized to implement (if any): No c) Agency directly implementing administrative procedures: Customs Branch where customs procedures are carried out. d) Coordinating agency (if any): No |
Result | The customs authority where customs procedures are carried out will base on the tax exemption dossier and compare it with current regulations to carry out tax exemption according to regulations. In case it is determined that imported goods are not subject to tax exemption as declared, notify the reason for not being subject to tax exemption, collect tax and sanction violations (if any) according to regulations. |
Fees and charges | No specified. |
Requires implementation conditions | 10.1. Tax exemption for goods of foreign organizations and individuals enjoying privileges and immunities (1) Goods of foreign organizations and individuals enjoying privileges and immunities are exempt from import tax according to regulations. specified in Clause 1, Article 16 of the Law on Export Tax and Import Tax, including: a) Diplomatic missions and consulates are allowed to import or temporarily import tax-free goods according to the list and quantity specified in Appendix I issued with Decree 134/2016/ND-CP. Diplomatic officers and consular officers are allowed to import and temporarily import tax-free goods according to the list and quantity specified in Appendix II issued with Decree 134/2016/ND-CP. Technical and administrative staff of diplomatic missions and consular staff of consulates are allowed to import and temporarily import duty-free goods according to the list and quantity specified in Appendix III issued herewith. Decree 134/2016/ND-CP. b) Representative agencies of international organizations under the United Nations system and officials of these agencies are allowed to import or temporarily import duty-free goods according to the list and quantity specified in Appendix I and II of the Board of Directors. issued together with Decree 134/2016/ND-CP. c) Representative agencies of international organizations outside the United Nations system, members of which are exempt from import tax according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member . d) Representative agencies of non-governmental organizations and members of this agency are exempt from import tax according to the provisions of agreements between the Government of Vietnam and that non-governmental organization. (2) Subjects specified in Points a and b, Clause 1, Article 5 of Decree 134/2016/ND-CP are allowed to import tax-free goods exceeding the quantity of alcohol, beer and cigarettes specified in Appendix I of the Board. issued together with Decree 134/2016/ND-CP to serve diplomatic activities. Quantity of tax-free imported alcohol, beer, and cigarettes is carried out according to confirmation by the Ministry of Foreign Affairs. (3) In addition to the goods specified in Appendix I, Appendix II, Appendix III issued with Decree 134/2016/ND-CP, the subjects specified in Points a and b, Clause 1, Article 5 of the Decree 134/2016/ND-CP to import tax-free other necessary goods to serve business needs on the basis of the principle of reciprocity or international practice. Types and quantities of duty-free imported goods shall comply with confirmation by the Ministry of Foreign Affairs. (4) In case an international treaty or agreement between the Government of Vietnam and a foreign non-governmental organization specified in Points c and d, Clause 1, Article 5 of Decree 134/2016/ND-CP has regulations on exemption tax but does not specifically stipulate the type and quantity. The Ministry of Finance agrees with the Ministry of Foreign Affairs to report to the Prime Minister to decide on the type and quantity of tax-free goods. The type and quantity of tax-free goods do not exceed the list and quantity of tax-free goods specified in Appendix I, Appendix II, Appendix III issued with Decree 134/2016/ND-CP. (5) In case of temporary import of cars and motorbikes to replace temporarily imported cars and motorbikes according to the quantitative standards of the entities specified in Points a and b. Clause 1, Article 5 of Decree 134/2016/ND-CP can only be implemented after completing procedures for re-export or destruction or transfer. Individuals specified in Points a and b, Clause 1, Article 5 of Decree 134/2016/ND-CP are only allowed to temporarily import tax-free cars and motorbikes to replace temporarily used cars and motorbikes. Imported according to quantitative standards after completing procedures for re-export or destruction of temporarily imported cars and motorbikes. 10.2. Tax exemption for luggage of people entering or exiting the country (1) People entering the country with a passport or passport replacement documents (except laissez-passers used for exit or entry), issued by a competent state agency Rights issued by Vietnam or foreign countries, carrying luggage, luggage sent before or after the trip is exempt from import tax for each entry according to the following norms: a) Alcohol of 20 degrees or more : 1.5 liters or wine under 20 degrees: 2.0 liters or alcoholic beverages, beer: 3.0 liters. For alcohol, if people entering the country bring whole bottles, jars, jars, cans (hereinafter abbreviated as bottles) with a capacity larger than the prescribed capacity but not exceeding 01 liter, the whole bottle will be exempt from tax. In case it exceeds 01 liter, the excess amount must be taxed according to the provisions of law; b) Cigarettes: 200 cigarettes or tobacco: 250 grams or cigars: 20 cigarettes; c) Personal belongings in quantity and type appropriate to the purpose of the trip; d) Items other than the goods specified in Points a, b, and c of this Clause (not on the List of goods banned from import, temporarily suspended from import or subject to conditional import) have a total customs value of not exceeding 10,000,000 Vietnam Dong; In case of exceeding the taxable limit, the person entering the country can choose items to be exempted from tax in case the luggage includes many items. (2) Aircraft operators and service staff on international flights; train operators and service staff on international intermodal trains; officers and crew members working on ships; Vietnamese drivers and workers working in neighboring countries that share a land border with Vietnam are not entitled to duty-free baggage allowances specified in Points a, b and d, Clause 1, Article 6 of Decree 134. /2016/ND-CP dated September 1, 2016 of the Government for each entry and tax exemption every 90 days. The norms specified in Points a and b, Clause 1, Article 6 of Decree 134/2016/ND-CP do not apply to people under 18 years old. 10.3. Tax exemption for movable assets (1) Organizations and individuals that have movable assets according to the provisions of Clause 20, Article 4 of the Customs Law are exempt from export tax and import tax according to the provisions of Clause 2, Article 16 of the Law. Export tax and import tax, including: a) Foreigners and Vietnamese residing abroad who come to work in Vietnam for 12 (twelve) months or more; b) Vietnamese organizations and citizens who operate abroad for 12 (twelve) months or more return home after the end of their activities; c) Vietnamese citizens residing abroad who have registered permanent residence in Vietnam for the first time importing movable assets. (2) The import tax exemption limit for movable assets (including used or unused furniture and items for living and working, except cars and motorbikes) is 01 one piece or 01 set for each organization or individual. In case the moving assets exceed the tax exemption limit of an agency or organization whose operating costs are guaranteed by the state budget, the Ministry of Finance shall decide on tax exemption for each case. 10.4. Tax exemption for gifts and gifts (1) Gifts and gifts are exempt from tax according to the provisions of Clause 2, Article 16 of the Law on Export Tax and Import Tax, which are items that are not on the List of items banned from import. ban on export, temporary suspension of export, temporary suspension of import, not on the list of goods subject to special consumption tax (except in the case of gifts or gifts subject to special consumption tax to serve security and national purposes). room) according to the provisions of law. (2) Tax exemption norms a) Gifts and gifts from foreign organizations and individuals to Vietnamese organizations and individuals; Gifts and gifts from Vietnamese organizations and individuals to foreign organizations and individuals with a customs value not exceeding 2,000,000 (two million) VND or with a customs value of over 2,000,000 (two million) ) VND but the total tax amount payable is less than 200,000 VND (two hundred thousand VND) and is exempted from tax no more than 4 times/year. b) Gifts and gifts from foreign organizations and individuals to Vietnamese agencies and organizations whose operating costs are guaranteed by the state budget according to budget laws; Gifts and gifts for humanitarian or charitable purposes with a customs value not exceeding 30,000,000 (thirty million) VND are exempt from tax no more than 04 times/year. In case of exceeding the tax exemption limit of an agency or organization whose operating expenses are guaranteed by the state budget, the Ministry of Finance shall decide on tax exemption for each case. c) Gifts and gifts from foreign organizations and individuals to Vietnamese individuals are drugs and medical equipment for patients on the List of dangerous diseases specified in Appendix IV of Decree 134/2016/ND -CP dated September 1, 2016 of the Government with customs value not exceeding 10,000,000 (ten million) VND is exempted from tax no more than 4 times/year. 10.5. Tax exemption for goods purchased, sold, and exchanged by border residents - Goods purchased, sold, and exchanged by border residents are on the List of goods to serve the production and consumption of border residents issued by the Ministry. Industry and Trade announced within the norms specified in Appendix V of Decree No. 134/2016/ND-CP are exempt from tax according to the provisions of Clause 3, Article 16 of the Law on Export Tax and Import Tax. In case of purchasing and transporting goods within the norms but not used for production or consumption by border residents, taxes must be declared and paid according to regulations. – Imported and exported goods of traders from countries sharing foreign borders that are allowed to do business in border markets must pay export tax and import tax according to regulations. 10.6. Tax exemption for goods imported for processing and processed products for export (1) Goods imported for processing and processed products exported under processing contracts are exempt from export tax and import tax according to specified in Clause 6, Article 16 of the Law on Export Tax and Import Tax, including: a) Raw materials, semi-finished products, supplies (including packaging materials or packaging for export products), imported components that directly constitute exported products or directly participate in the processing of exported goods but are not directly converted into goods, including cases where the processing party imports raw materials itself , materials and components to carry out processing contracts; b) Imported goods are not used for purchase, sale, exchange or consumption but are only used as samples; c) Imported machinery and equipment agreed in the processing contract to perform the processing; d) Finished products imported to attach to processed products or packed together with processed products into uniform items and exported abroad are shown in the processing contract or processing contract appendix and managed as raw materials and supplies imported for processing; d) Components and spare parts imported for warranty purposes for exported processed products are shown in the processing contract or processing contract appendix and are managed like raw materials and supplies imported for processing; e) Goods imported for processing but allowed to be destroyed in Vietnam and actually destroyed; g) Processed products for export. (2) Equipment, machinery, raw materials, supplies, components, and processed products paid by foreign parties in lieu of processing fees must pay import tax according to regulations. (3) Scraps, waste products and surplus raw materials and supplies imported for processing must not exceed 3% of the total amount of each material and supply actually imported under the processing contract and are exempt from import tax when consumed. domestically, but must declare and pay value added tax, special consumption tax, environmental protection tax (if any) to the customs authority. 10.7. Tax exemption for goods exported for processing, imported processed products Goods exported for processing, imported processed products under processing contracts are exempt from export tax and import tax according to the provisions of Clause 6, Article 16 of the Law on Export Tax and Import Tax, includes: a) Raw materials, supplies, and components for export. The value or quantity of exported raw materials, supplies, and components corresponding to processed products that are not re-imported is subject to export tax at the tax rate of exported raw materials, supplies, and components. Goods exported for processing are resources, minerals, products with a total value of resources, minerals plus energy costs accounting for 51 % of the product cost or more, and goods exported for processing belong to Subjects subject to export tax are not exempt from export tax. Determining products with a total value of natural resources and minerals plus energy costs below 51% is based on the regulations on determining products with a total value of natural resources and minerals plus energy costs. quantity accounting for 51% or more of product cost as prescribed in Decree No. 100/2016/ND-CP dated July 1, 2016 of the Government detailing and guiding the implementation of a number of articles of the Law amending and supplementing Supplementing a number of articles of the Law on Value Added Tax, the Law on Special Consumption Tax and the Law on Tax Administration and guiding documents; b) Exported goods are not used for purchase, sale, exchange or consumption but are only used as samples; c) Exported machinery and equipment agreed in the processing contract to perform the processing; d) Products ordered to be processed abroad when imported back to Vietnam are exempt from import tax for the value of exported raw materials, supplies and components that constitute processed products and are subject to tax for The remaining value of the product depends on the import tax rate of imported processed products. 10.8. Tax exemption for goods imported to produce exported goods Raw materials, supplies, components, semi-finished products, finished products imported to produce exported goods are exempt from import tax according to the provisions of Clause 7, Article 16 of the Law on Export Tax and Import Tax, includes: a) Raw materials, supplies (including packaging materials or packaging for exporting products), components, semi-finished products Direct imports constitute export products or directly participate in the production process of export goods but are not directly converted into goods; b) Completed products imported to be attached, assembled into exported products or packaged together into items consistent with exported products; c) Components and spare parts imported to provide warranty for exported products; d) Imported goods are not used for purchase, sale, exchange or consumption but are only used as samples. 10.9. Tax exemption for goods temporarily imported for re-export or temporarily exported for re-import within a certain period of time - Goods temporarily imported for re-export or temporarily exported for re-import within a certain period of time are exempt from tax according to the provisions of Clause 9. Article 16 Law on export tax and import tax. – Goods temporarily imported for re-export or temporarily exported for re-import for warranty, repair or replacement as prescribed in Point c, Clause 9, Article 16 of the Law on Export Tax and Import Tax must ensure that their shape is not changed. basic uses and characteristics of temporarily imported or temporarily exported goods and does not create other goods. In case of replacing goods under the warranty conditions of the sales contract, the replacement goods must ensure the shape, use and basic characteristics of the replaced goods. – Vehicles revolving in the mode of temporary import, re-export or temporary export, re-import to contain exported or imported goods, including: + Empty containers with or without hangers; + Soft tank lining inside the Container to store liquid goods; + Other means that can be used many times to store exported and imported goods. 10.10. Tax exemption on imported goods to create fixed assets of subjects entitled to investment incentives - Goods imported to create fixed assets of subjects entitled to investment incentives are exempt from import tax according to the provisions of Clause 11, Article 16 of the Law on Export Tax and Import Tax. – Goods imported to create fixed assets of an investment project with a part of the project subject to investment incentives are exempt from import tax for imported goods that are allocated and accounted for separately for direct use. continue for projects subject to investment incentives. – Investment projects in investment incentive areas and not in investment incentive industries are exempt from tax on imported goods to create fixed assets to serve the production of investment incentive projects. – The basis for determining construction materials that cannot be produced domestically is carried out according to the regulations of the Ministry of Planning and Investment. Criteria for determining specialized means of transport in technological lines used directly for production activities of investment projects comply with regulations of the Ministry of Science and Technology. 10.11. Import tax exemption for raw materials, supplies, and components for a period of 05 years - Raw materials, supplies, and components that cannot be produced domestically can be imported for production of investment projects in the list of industries and professions. with special investment incentives or areas with extremely difficult socio-economic conditions according to the provisions of law on investment, high-tech enterprises, science and technology enterprises, scientific and technological organizations. Technology is exempt from import tax for a period of 5 years from the start of production according to the provisions of Clause 13, Article 16 of the Law on Export Tax and Import Tax. Production start time is the official production time, excluding trial production time. Taxpayers self-declare and are responsible for the actual date of production activities and notify before carrying out customs procedures to the customs authority that receives the tax-exempt list notification dossier. At the end of the 5-year tax exemption period, taxpayers must pay full tax according to regulations on the amount of imported raw materials, supplies and components that are exempt from tax. – Determining products with a total value of natural resources and minerals plus energy costs of less than 51 % is based on the regulations on determining products with a total value of natural resources and minerals plus costs. Energy costs account for 51 % of product cost or more as prescribed in Decree No. 100/2016/ND-CP dated July 1, 2016 of the Government detailing and guiding the implementation of a number of articles of the Law amending Change and supplement a number of articles of the Law on Value Added Tax, the Law on Special Consumption Tax and the Law on Tax Administration, and documents guiding this Decree. – The basis for determining industries and occupations with special investment incentives and areas with particularly difficult socio-economic conditions shall comply with the provisions of the Investment Law and Decree No. 118/2015/ND-CP November 12, 2015 of the Government detailing and guiding the implementation of a number of articles of the Investment Law. The basis for determining raw materials, supplies and components that cannot be produced domestically is carried out according to regulations of the Ministry of Planning and Investment 10.12. Tax exemption on imported goods serving oil and gas activities - Basis for determining specialized means of transport serving oil and gas activities shall comply with regulations of the Ministry of Science and Technology. – The basis for determining domestically unproduced goods is implemented according to regulations of the Ministry of Planning and Investment. 10.13. Tax exemption on imported goods serving shipbuilding and export shipbuilding activities - Projects and shipbuilding facilities on the list of preferential industries and occupations according to the law on investment are exempt from import tax and export tax. imported according to the provisions of Clause 16, Article 16 of the Law on Export Tax and Import Tax. – The basis for identifying means of transport in the technology chain directly serving shipbuilding activities shall comply with the regulations of the Ministry of Science and Technology. – The basis for determining domestically unproduced goods is implemented according to regulations of the Ministry of Planning and Investment. 10.14. Tax exemption for plant varieties, animal breeds, fertilizers, pesticides - Plant varieties; livestock breeds; Fertilizers and pesticides that cannot be produced domestically and are necessary to be imported to directly serve agricultural, forestry and fishery activities are exempt from import tax according to the provisions of Clause 12, Article 16 of the Tax Law. export, import tax. – The basis for determining domestically unproduced goods is implemented according to regulations of the Ministry of Planning and Investment. – The basis for determining imported goods on the List of plant varieties, animal breeds, fertilizers, and pesticides necessary for import shall comply with the regulations of the Ministry of Agriculture and Rural Development. 10.15. Tax exemption on imported goods for scientific research and technology development - Imported goods for direct use for scientific research, technology development, technology incubation and business incubation activities Science and technology industry and technological innovation are exempt from import tax according to the provisions of Clause 21, Article 16 of the Law on Export Tax and Import Tax. – The basis for determining domestically unproduced goods is implemented according to regulations of the Ministry of Planning and Investment. – Basis for identifying specialized machinery, equipment, spare parts, and supplies used directly for scientific research, technology development, development of technology incubation activities, scientific business incubation and Technology and technological innovation comply with regulations of the Ministry of Science and Technology. – List or criteria for determining specialized scientific documents, books and newspapers used directly for scientific research, technology development, technology incubation development, science and technology business incubation , technological innovation is implemented according to regulations of the Ministry of Science and Technology. 10.16. Tax exemption on imported goods that directly serve education - Basis for determining domestically unproduced goods shall comply with regulations of the Ministry of Planning and Investment. – Basis for determining specialized goods imported to directly serve education shall comply with regulations of the Ministry of Education and Training. 10.17. Tax exemption for goods manufactured, processed, recycled, and assembled in non-tariff zones - Goods manufactured, processed, recycled, and assembled in non-tariff zones do not use raw materials and components imported from When imported into the domestic market, foreign countries are exempt from import tax according to the provisions of Clause 8, Article 16 of the Law on Export Tax and Import Tax. – In case the product is manufactured, recycled, or assembled in a non-tariff zone using raw materials and components imported from abroad, when imported into the domestic market, import tax must be paid at the tax rate. , taxable value of goods imported into domestic Vietnam. 10.18. Tax exemption for imported raw materials, supplies, and components to produce and assemble medical equipment - Imported raw materials, supplies, and components that cannot be produced domestically to produce and assemble medical equipment Investment projects prioritized for research and manufacturing are exempt from import tax for a period of 5 years from the start of production according to the provisions of Clause 14, Article 16 of the Law on Export Tax and Import Tax. The list of medical equipment products prioritized for research and manufacturing is specified in Appendix VI issued with Decree 134/2016/ND-CP dated September 1, 2016 of the Government. – The production start date as a basis for import tax exemption for a period of 05 years is the actual date of official production activities (excluding the trial production period). Taxpayers self-declare and are responsible for the actual date of production activities and notify before carrying out customs procedures to the customs authority that receives the tax-exempt list notification dossier. – The basis for determining domestically unproduced goods is implemented according to regulations of the Ministry of Planning and Investment. 10.19. Tax exemption for imported raw materials, supplies, and components that directly serve the production of information technology products, digital content, software - Imported raw materials, supplies, and components that are not yet produced domestically directly serving the production of information technology products, digital content, and software that are exempt from import tax according to the provisions of Clause 18, Article 16 of the Law on Export Tax and Import Tax. – The basis for determining domestically unproduced goods is carried out according to regulations of the Ministry of Planning and Investment. 10.20. Tax exemption on exported and imported goods to protect the environment - Goods exported and imported to protect the environment are exempt from tax according to the provisions of Clause 19, Article 16 of the Law on Export and Import Taxes. – The basis for determining domestically unproduced goods is implemented according to regulations of the Ministry of Planning and Investment. – Basis for determining imported goods in the list of machinery, equipment, vehicles, tools, and specialized materials imported to collect, transport, treat, and process wastewater, garbage, and gas emissions, environmental monitoring and analysis, renewable energy production; handle environmental pollution, respond and handle environmental incidents; Exported products are produced from recycling and waste treatment activities according to regulations of the Ministry of Natural Resources and Environment. 10.21. Tax exemption on goods serving printing and minting activities - Machinery, equipment, raw materials, supplies, components, parts and accessories imported to serve printing and minting activities are exempt from import tax according to regulations. specified in Clause 17, Article 16 of the Law on Export Tax and Import Tax must be on the List issued by the Governor of the State Bank of Vietnam. Goods subject to tax-exempt imports according to the provisions of Clause 1 of this Article must be imported by organizations designated by the State Bank. – Basis for determining machinery, equipment, raw materials, supplies, components, parts, and spare parts imported for printing and minting activities shall comply with the regulations of the State Bank of Vietnam. 10.22. Import tax exemption for goods for non-commercial purposes Goods for non-commercial purposes are exempt from import tax in the following cases: + Sample goods, photos of sample goods, films of sample goods, replacement models Substitute for sample goods whose customs value does not exceed 50,000 VND or which have been treated so that they cannot be traded or used, but are for sample purposes only. + Advertising publications under Chapter 49 of Vietnam's List of Exported and Imported Goods, including: Flyers, commercial catalogs, yearbooks, advertising documents, travel posters used for advertising and publicity. advertise or advertise a good or service that is provided free of charge and is exempt from import tax according to the provisions of Clause 10, Article 16 of the Law on Export Tax and Import Tax, provided that each shipment includes only 01 type of publication and total weight not more than 01 kg; In case a shipment contains many different types of publications, each type of publication has only one copy or the total weight of the publications does not exceed 01 kg. 10.23. Tax exemption for imported goods to serve emergency relief requirements when natural disasters, catastrophes, and epidemics occur - Goods that cannot be produced domestically can be imported to overcome the consequences of natural disasters, disasters, or epidemics. Diseases are exempt from tax according to the provisions of Clause 23, Article 16 of the Law on Export Tax and Import Tax No. 107/2016/QH13. – The basis for determining domestically unproduced goods is implemented according to regulations of the Ministry of Planning and Investment. 10.24 Tax exemption for exported and imported goods according to international treaties, goods with minimum value, goods sent via express delivery service - Exported and imported goods are exempt from export tax and tax imported under international treaties to which the Socialist Republic of Vietnam is a member. The basis for determining whether export or import goods are exempt from export tax or import tax is the quantity, type, and value of goods specifically stipulated in international treaties. In case international treaties do not To specifically stipulate the types and quantities of tax-exempt goods, the Ministry of Finance shall agree with the Ministry of Foreign Affairs to report to the Prime Minister to decide on the types and quantities of tax-exempt goods. – Imported goods sent via express delivery service with a customs value of 1,000,000 Vietnam Dong or less or with a tax amount payable of less than 100,000 (one hundred thousand) Vietnam Dong are exempt from tax. In case the goods have a customs value exceeding 1,000,000 (one million) Vietnamese Dong or have a total tax amount payable of over 100,000 (one hundred thousand) Vietnamese Dong, tax must be paid on the entire shipment. – Goods with a total customs value of less than 500,000 (five hundred thousand) Vietnam Dong or with a total export or import tax payable of less than 50,000 (fifty thousand) Vietnam Dong for one export or import Imports are exempt from export and import taxes. This regulation does not apply to goods that are gifts, gifts, goods traded by border residents and goods sent via express delivery services. |
Legal grounds | Article 23, Article 24, Clause 2, Article 25 of Customs Law No. 54/2014/QH13 dated June 23, 2014 and documents guiding its implementation.
– Point d, Clause 3, Article 63 of the Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006. – Article 16, Article 17 of the Law on Export Tax and Import Tax No. 107/2016/QH13 dated April 6, 2016. – From Article 5 to Article 31 of Decree No. 134/2016/ND-CP dated September 1, 2016 of the Government detailing a number of articles of the Law on Export Tax and Import Tax. – Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing the implementation of the Commercial Law on international goods purchase and sale activities and buying, selling and processing agency activities and transit of goods with foreign countries – Decree No. 100/2016/ND-CP dated July 1, 2016 of the Government detailing and guiding the implementation of a number of articles of the Law amending and supplementing a number of articles of the Law on Value Added Tax, Law on special consumption tax and Law on tax administration and documents guiding their implementation. |
The order of execution | - Step 1: Taxpayers submit documents requesting tax exemption for exported and imported goods.
Taxpayers themselves determine and declare the goods and the tax amount exempted from tax on the customs declaration when carrying out customs procedures and are responsible before the law for the declared content. - Step 2: In case the tax exemption dossier is not complete as prescribed, within 03 (three) working days from the date of receiving the dossier, the customs authority must notify the taxpayer to complete the dossier. - Step 3: The customs authority where customs procedures are carried out will base on the tax exemption dossier and compare it with current regulations to carry out tax exemption according to regulations. In case it is determined that imported goods are not subject to tax exemption as declared, tax will be collected and penalties for violations (if any) will be collected according to regulations. The electronic data processing system automatically deducts the quantity of exported and imported goods corresponding to the quantity of goods in the Tax Exempt List. In case of notification of the List on paper, the customs authority shall update and deduct the quantity of exported and imported goods corresponding to the quantity of goods in the Tax-Exempt List. In case of duty-free import in a combination or line, it must be imported in multiple shipments to assemble into a complete combination or line, and deductions cannot be made according to the quantity of goods at the time of import. A period of 15 (fifteen) days from the end of importing the last batch of goods of each combination, chain, organization or individual is responsible for synthesizing imported declarations and finalizing with the agency. Customs according to the provisions of law on tax administration. |
Profile components | 3.1. Hoh tax exemption
– Tax exemption documents are customs documents as prescribed in the Customs Law and guiding documents (Clause 1, Article 31 of Decree 134/2016/ND-CP dated September 1, 2016 of the Government). – In addition, depending on each case, taxpayers submit one of the following documents: + Entrustment contract in case of entrusted export and import of goods: 01 photocopy with stamp of copy of the original from the agency; + Goods supply contract according to the winning bid document or contractor appointment document clearly stating the goods supply price does not include import tax in case the winning organization or individual imports the goods: 01 copy Take a photo stamped as a true copy of the agency's copy; + Contract for supplying goods to organizations and individuals conducting oil and gas activities clearly stating that the price of goods supply does not include import tax in case the organization or individual imports goods for oil and gas activities gas: 01 photocopy stamped as a true copy of the agency's copy; + Financial leasing contract in case of financial leasing for import of goods provided to subjects entitled to tax exemption incentives, clearly stating the price of goods supply does not include import tax: 01 certified copy stamp a copy of the agency's original copy; + Transfer documents for goods subject to tax exemption in case goods subject to tax exemption are transferred to another subject to tax exemption, clearly stating the transfer price of goods does not include import tax: 01 copy Take a photo stamped as a true copy of the agency's copy; + Written confirmation from the Ministry of Science and Technology for means of transport specified in Article 14 of Decree 134/2016/ND-CP dated September 1, 2016 of the Government: 01 original copy. + The tax exemption list has been received by the customs authority in the case of notification of the tax exemption list expected to be imported in paper with the reconciliation monitoring sheet and has been received by the customs authority: 01 photocopy and present original for comparison. In case of notification of the Tax Exemption List through the Electronic Data Processing System, the taxpayer does not have to submit the Tax Exemption List, the customs authority uses the Tax Exemption List on the Electronic Data Processing System to Implement tax exemption according to regulations. (Cases requiring notification of the list of tax-free goods expected to be imported according to the provisions of Article 30 of Decree 134/2016/ND-CP dated September 1, 2016 of the Government include: + In case of tax exemption on imported goods to create fixed assets of subjects eligible for investment incentives as prescribed in Article 14 of Decree 134/2016/ND-CP. + In case of import tax exemption for raw materials, supplies and components for a period of 05 years as prescribed in Article 15 of Decree 134/2016/ND-CP. + In case of tax exemption on imported goods serving oil and gas activities as prescribed in Article 16 of Decree 134/2016/ND-CP. + In case of tax exemption on imported goods serving shipbuilding and exporting ships as prescribed in Article 17 of Decree 134/2016/ND-CP. + In case of tax exemption for plant varieties, animal breeds, fertilizers, and pesticides as prescribed in Article 18 of Decree 134/2016/ND-CP. + In case of tax exemption for raw materials, supplies and components imported for the production and assembly of medical equipment as prescribed in Article 23 of Decree 134/2016/ND-CP. + In case of tax exemption for imported raw materials, supplies, and components that directly serve the production of information technology products, digital content, and software as prescribed in Article 24 of Decree 134/2016/ND -CP For cases where it is necessary to notify the list of tax-free goods expected to be imported, procedures for notifying the list of tax-free goods are guided separately.) Note For cases of tax exemption for luggage of people leaving or entering the country; Tax exemption for exported and imported goods with a minimum value; Exported and imported goods sent via express delivery service, tax exemption documents are customs documents according to the provisions of Customs Law No. 54/2014/QH13 dated June 23, 2014 and guiding documents. onion. 3.2. HTax exemption documents for special cases In addition to the tax exemption documents mentioned above, depending on each case, taxpayers must additionally submit: a) Goods of foreign organizations and individuals enjoy privileges and immunities – Tax exemption allowance book as prescribed in Clause 7, Article 5 of Decree 134/2016/ND-CP dated September 1, 2016 of the Government: 01 photocopy with stamp of true copy of the agency, except in cases where The tax exemption allowance book has been updated to the National One-Stop Information Portal; – Documents proving completion of re-export or destruction or transfer for the cases specified in Clause 4, Article 5 of Decree 134/2016/ND-CP: 01 photocopy with a stamp as a true copy of the original. of the agency; – Written confirmation from the Ministry of Foreign Affairs in case of import of goods specified in Clause 2 and Clause 3, Article 5 of Decree 134/2016/ND-CP: 01 photocopy with stamp of true copy of the agency. ; – Document of approval from the Prime Minister in case of import of goods specified in Clause 4, Article 5 of Decree 134/2016/ND-CP: 01 photocopy with stamp of true copy of the agency. b) Movable assets – Work permit or document of equivalent value issued by a competent authority for foreigners and Vietnamese residing abroad who come to work and work in Vietnam for 12 (twelve) months or more: 01 photocopy with the agency's original stamp; – Document proving the termination of operations or termination of working period abroad for Vietnamese organizations and citizens operating abroad for 12 (twelve) months or more after the end of operations Returning to the country: 01 copy stamped as a true copy of the agency's copy; – Passport (with entry verification stamp of the immigration management agency at the border gate or entry verification stamp of the immigration management agency at the border gate on the separate visa in case of passport issued a separate visa) or a valid passport replacement document (with an entry verification stamp from the immigration management agency at the border gate) for Vietnamese residing abroad who have registered permanent residence. in Vietnam: 01 photocopy stamped as a true copy of the agency's copy; – Permanent residence book issued by the police agency clearly stating the overseas residence address for Vietnamese residing abroad who have registered permanent residence in Vietnam: 01 notarized or authenticated copy ; – Decision of the Minister of Finance on tax exemption for movable assets exceeding the tax exemption limit: 01 original copy. c) Gifts and gifts – Donation agreement document in case the gift recipient is an organization: 01 photocopy stamped as a copy of the original by the organization receiving the gift. – Decision of the Minister of Finance on tax exemption for gifts and gifts exceeding the tax exemption limit: 01 original copy; – Document from the superior governing body permitting the receipt and use of tax-free goods or a document proving that the organization is guaranteed operating funds by the state budget for gifts and donations to the agency. Agencies and organizations whose operating costs are guaranteed by the State: 01 original copy; – Document of the Chairman of the People's Committee of the province or city or the governing Ministry or branch for gifts and donations for humanitarian and charitable purposes: 01 original copy. d) Goods bought, sold and exchanged by border residents – Border laissez-passer or citizen identification card: Present the original. e) Goods temporarily imported for re-export or temporarily exported for re-import within a certain period of time Tax exemption documents are customs documents according to the provisions of Customs Law No. 54/2014/QH13 dated June 23, 2014 and guiding documents. Particularly for temporarily imported and re-exported goods, taxpayers must additionally submit a letter of guarantee from a credit institution or deposit payment slip to the customs office's deposit account at the State Treasury: 01 copy. mainly in cases where the letter of guarantee has not been updated into the customs electronic data processing system g) Imported goods serving scientific research and technological development – Decision on the implementation of scientific research topics, programs, projects, tasks, technology development and list of goods that need to be imported to implement research topics, programs, projects, and tasks Scientific research and technological development by a competent state agency according to the provisions of the Law on Science and Technology: 01 photocopy with the agency's stamp as a true copy; – Document confirming the list of goods to develop technology incubation activities and science and technology business incubation activities of the People's Committee of the province, city, or governing ministry where the project or technology incubation facility is located. technology, science and technology business incubation: 01 photocopy stamped as a true copy of the agency; – Document confirming the list of goods to serve technological innovation from the Ministry of Science and Technology or an agency authorized by the Ministry of Science and Technology: 01 photocopy with the agency's original stamp. h) Goods serving printing and minting activities Document of the State Bank allowing organizations to import machinery, equipment, raw materials, supplies, components, parts, accessories to serve printing and minting activities: 01 stamped copy certified true copy. i) Goods exported and imported according to international treaties – International treaties: 01 photocopy, present the original for comparison, when submitting the first tax exemption application; – Entrustment contract, goods supply contract according to the winning bid document or contractor appointment document clearly stating the goods supply price does not include import tax in case of entrusted import or bidding: 01 copy Take a photo stamped as a true copy of the agency's original. k) Goods imported to serve emergency relief requirements when natural disasters, catastrophes, and epidemics occur: – Customs documents as prescribed in Article 24 of the Customs Law; – Written confirmation from the People's Committee of the province, city or Ministry or equivalent level on the import of goods to serve emergency relief requests, clearly stating the situation of damage caused by natural disasters or disasters. , epidemics caused in the area: 01 original copy; – List of goods imported directly for emergency relief: 01 original copy; – Decision on declaration of epidemic by competent authorities according to the provisions of the Law on Prevention and Control of Infectious Diseases in case of importing goods to overcome epidemics: 01 photocopy. |
Number of records | 01 set |
Name of the declaration form | |
Attachments |
SEN TRONG LOGISTICS LOGISTICS CO., LTD
Phone: (+84) 28-2218.7777 // (+84) 28-2219.7777
Website: https://whitelotuslogistics.com.vn
Email: sales777.whitelotus@whitelotuslogistics.com.vn
Contact: Ms. Tran Thi Thuy Trang – CEO
Hotline: (+84) 903.712.368
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