Procedures for consideration of tax exemption for specialized imported goods directly serving security and defense; capital from the local budget will only be considered for tax exemption if they are of a type that cannot be produced domestically.
- April 24, 2023
Procedure name | Procedures for consideration of tax exemption for specialized imported goods directly serving security and defense; capital from the local budget will only be considered for tax exemption if they are of a type that cannot be produced domestically. |
Decision issued | Decision No. 2770/QD-BTC dated December 25, 2015 |
How to perform | Organizations and individuals submit tax exemption applications directly at the headquarters of the General Department of Customs or by post. |
Resolution deadline | Issue a tax exemption decision within 15 days from the date of receipt of complete documents; In cases where a physical inspection is required, it may take up to 40 days from the date of receipt of complete documents. |
Implementation object | Organizations and individuals |
Implementing agencies | – Deciding authority: General Department of Customs.
– Authority or competent person authorized or decentralized to implement (if any): no. – Agency directly implementing administrative procedures: General Department of Customs. – Coordinating agency (if any): No. |
Result | Official letter or decision on tax exemption |
Fees and charges | Do not have |
Requires implementation conditions | Imported goods must be goods that cannot be produced domestically. |
Legal grounds | – Law on export tax and import tax No. 45/2005/QH11 dated June 14, 2005;
– Law amending and supplementing a number of articles of the Law on Tax Administration No. 21/2012/QH13 dated November 20, 2012; – 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. |
The order of execution | – Organizations and individuals requesting tax exemption consideration for goods that are gifts with a value exceeding the tax exemption limit must submit complete documents, provide information, documents, and records for goods expected to be exported. , imported to the customs office. For imported goods subject to tax exemption consideration, the deadline for submitting tax exemption documents is no later than 30 working days from the date of customs clearance or release of goods.
– The General Department of Customs receives and checks documents, based on current regulations, issues tax exemption decisions according to regulations or notifies taxpayers of the reason for not being considered for tax exemption and the tax amount. must be submitted within 15 days from the date of receipt of complete documents and penalties according to current regulations (if any); In cases where an actual inspection is needed to have sufficient grounds to resolve the application, this time limit can be extended to a maximum of 40 days from the date of receipt of the complete application. In case at the time of customs procedures, the taxpayer submits complete documents according to regulations, the customs authority checks the documents, checks the conditions for tax exemption consideration and implements tax exemption on the basis of customs documents. paid by taxpayers within the time limit for carrying out customs procedures as prescribed in Article 23 of the Customs Law; |
Profile components | – Official dispatch requesting tax exemption consideration from the Ministry of National Defense, the Ministry of Public Security or a unit authorized or decentralized by the Ministry of National Defense or the Ministry of Public Security (clearly stating: Goods imported for security and national defense belong to central and local budget capital; Quantity, type, value of imported goods of each item on the List approved by the Ministry of National Defense and the Ministry of Public Security, agreed with the Ministry of Finance; , customs declaration; In case there are many different customs declarations, the customs declarations for tax exemption consideration must be listed (in case of multiple imports, the reconciliation monitoring sheet must be attached);
– Import entrustment contract (in case of import entrustment) or notice of winning bid attached to the goods supply contract (in case of import through bidding), clearly stating the payment price excluding import tax: submit 01 photocopy; – Goods purchase contract (if any): 01 copy; – In case of declaring a paper customs declaration, in addition to relevant documents, the taxpayer also submits a customs declaration: 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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