Procedures for considering tax exemption for goods being gifts, gifts or samples that are not under the jurisdiction of the Ministry of Finance, the General Department of Customs, or the Customs Department; Medicinal drugs are gifts or gifts with a value exceeding the tax-free quota but being settled by Vietnamese people

Procedure name Procedures for considering tax exemption for goods being gifts, gifts or samples that are not under the jurisdiction of the Ministry of Finance, the General Department of Customs, or the Customs Department; Medicinal drugs are gifts or gifts with a value exceeding the tax-free quota but being settled by Vietnamese people
Decision issued Decision No. 2770/QD-BTC dated December 25, 2015
How to perform  Dossier for tax exemption consideration is submitted directly to the Customs Branch or submitted by post (manual form);

– Submit by electronic transaction through the Electronic Data Processing System (electronic form).

Resolution deadline – In case the dossier is incomplete, notify the taxpayer within 03 working days from the date of receiving the dossier to complete the dossier; – Issue tax exemption decisions according to regulations. – In case at the time of customs procedures, organizations or individuals submit complete documents according to regulations, the Customs Branch where the organization or individual submits the application for tax exemption consideration will check the documents and check the conditions. Consider tax exemption and implement tax exemption on the basis of customs documents submitted by organizations and individuals within the time limit for carrying out customs procedures as prescribed in Article 23 of the Customs Law.
Implementation object Organizations and individuals.
Implementing agencies – Authority with decision-making authority: Customs Branch.

– Authority or competent person authorized or decentralized to implement (if any): No

– Agency directly implementing administrative procedures: Customs Branch.

– Coordinating agency (if any): No

Result Tax exemption decision.
Fees and charges Do not have
Requires implementation conditions For gifts and gifts, it is implemented according to the Prime Minister's regulations on luggage limits for people on exit and entry and gifts and gifts. – Goods imported for sale at duty-free shops according to the provisions of the Prime Minister's Decision shall comply with separate instructions of the Ministry of Finance. – In case there are promotional goods or trial goods provided by foreign parties for free to duty-free shops to sell with goods sold at duty-free shops, the number of promotional goods and goods used The above mentioned tests are not subject to import tax. Promotional goods and trial goods are subject to the supervision and management of customs authorities like imported goods for sale at duty-free stores.
Legal grounds  Law on export tax and import tax No. 45/2005/QH11 dated June 14, 2005;

– Decree No. 87/2010/ND-CP dated August 13, 2010 of the Government detailing a number of articles of the Law on Export Tax and Import Tax;

– 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 and control;

– Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance regulating customs procedures; customs inspection and supervision; export tax, import tax and tax administration for exported and imported goods.

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