Procedures for notifying the list of tax-free goods expected to be exported or imported, for cases in which the list of duty-free goods is notified.
- April 19, 2023
Procedure name | Procedures for notifying the list of tax-free goods expected to be exported or imported, for cases in which the list of duty-free goods is notified. |
Decision issued | 764/QD-BTC |
How to perform | – Organizations and individuals notify the tax exemption list through the electronic data processing system of the customs authority.
– Submit the application for tax exemption list notification directly at the customs office or by post (in case of submitting a paper application). |
Resolution deadline | Maximum 03 (three) working days from the date of receipt of the application. |
Implementation object | Organizations and individuals using goods (project owners; owners of production and business establishments; owners of shipbuilding establishments; organizations and individuals conducting oil and gas activities) are the ones who notify the List of imported goods. tax-free entry. In case the project owner does not directly import tax-free goods but the main contractor or subcontractor or financial leasing company imports goods, the contractor or financial leasing company will use the tax-exempt list provided by the project owner. The project owner has notified the customs authority |
Implementing agencies | The Customs Department where the project is implemented, the Customs Department where the headquarters is located or the project's centralized management place for projects implemented in many provinces and cities, the Customs Department where the complex and wires are installed. chain for the list of duty-free goods expected to be imported in combinations and chains. |
Result | – Electronic: Issue management codes, enter processing results information into the system, and give feedback to the business. – Manually: Stamp confirmation on 02 original copies of the Tax Exemption List, 01 original copy of the reconciliation monitoring slip or notification of goods not subject to tax exemption. |
Fees and charges | No specified |
Requires implementation conditions | (i) Cases of notification of the List of tax-exempt imported goods according to the provisions of Decree 134/2016/ND-CP and Decree No. 18/2021/ND-CP, including: – Goods imported for Creation of fixed assets of subjects eligible for investment incentives according to the provisions of Article 14 of Decree 134/2016/ND-CP amended and supplemented by Clause 7, Article 1 of Decree No. 18/2021/ND-CP . – Raw materials, supplies, and components imported to serve production within a period of 05 years as prescribed in Article 15 of Decree 134/2016/ND-CP amended and supplemented by Clause 8, Article 1 of Decree No. 18/2021/ND-CP. – Imported goods serving oil and gas activities as prescribed in Article 16 of Decree 134/2016/ND-CP. – Imported goods serving shipbuilding activities and export ships according to the provisions of Article 17 of Decree 134/2016/ND-CP. – Imported goods include: Plant varieties, animal breeds, fertilizers, and plant protection drugs as prescribed in Article 18 of Decree 134/2016/ND-CP. – Goods are raw materials, supplies, and components imported to produce and assemble medical equipment as prescribed in Article 23 of Decree 134/2016/ND-CP. – Goods are 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. (ii) Principles for building the List of tax-exempt goods expected to be imported (hereinafter referred to as the Tax-Exempt List): – Organizations and individuals using goods (project owners; production facility owners, business; shipbuilding establishments; organizations and individuals conducting oil and gas activities) hereinafter referred to as project owners, are the persons who notify the List of tax-exempt imports and exports. In case the project owner does not directly import tax-free goods but the main contractor or subcontractor or financial leasing company imports goods, the contractor or financial leasing company will use the tax-exempt list provided by the project owner. The project owner has notified the customs authority; – Goods must be subject to tax exemption as prescribed in one of the cases specified in Clause 11, Clause 12, Clause 13, Clause 14, Clause 15, Clause 16 and Clause 18, Article 16 of the Law on Export Taxes and Taxes. import; and appropriate to the industry, investment field, objectives, scale, capacity of the project, production facilities, and activities using duty-free goods; – The tax exemption list is built once for projects, production facilities, activities using tax-free goods, or built in each stage, each item, each combination, and line in accordance with reality. documents and project implementation documents, production facilities, and activities using duty-free goods, hereinafter collectively referred to as projects. – For unprocessed agricultural products invested with investment support from Vietnam and grown in Cambodia, imported into the country: Every year, taxpayers notify the List of tax-free imported goods through the Processing System. Electronic data for the Customs Department of the province bordering Cambodia. In case of notification of the Tax Exemption List by paper, the taxpayer notifies the Customs Department of the province bordering Cambodia according to the provisions of Article 30 of Decree No. 134/2016/ND-CP amended and supplemented in Clause 13 Article 1 Decree No. 18/2021/ND-CP. |
Legal grounds | – Article 16 of the Law on Export Tax and Import Tax No. 107/2016/QH13.
– Article 14, Article 15, Article 16, Article 17, Article 18, Article 23, Article 24, Article 30 of Decree No. 134/2016/ND-CP dated September 1, 2016 of the Government. – Article 1 of Decree No. 18/2021/ND-CP dated March 11, 2021 of the Government |
The order of execution | – Step 1: Organizations and individuals using goods submit documents to notify the Tax Exempt List as prescribed in Clause 3, Article 30 of Decree No. 134/2016/ND-CP Amended and supplemented Clause 13, Article 1 of Decree No. 18/2021/ND-CP before registering imported goods declaration First tax exemption.
– Step 2: Within a maximum of 03 (three) working days from the date of receiving the dossier, the customs authority notifies the project owner of receipt of the Tax Exemption List; supplement missing documents; Explain and clarify information contained in the notification file of the Tax Exempt List or notification of goods not subject to tax exemption – Step 3: The customs authority confirms the tax exemption list and reconciliation monitoring sheet (in case of paper documents); Enter processing result information into the system and give feedback to the business (the system automatically tracks deductions for each import). |
Name of the declaration form | Forms in Appendix VII issued with Decree No. 18/2021/ND-CP: – Form No. 5 – Official dispatch announcing the List of tax-free goods expected to be imported; – Form No. 6 – List of duty-free goods expected to be imported; – Form No. 7 – Reduction monitoring sheet for imported tax-free goods. |
Attachments | 0 |
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