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red-check Guidelines for 2016 Law on export and import duties

Decree No. 134/2016/ND-CPstatus2 dated September 1st, 2016 of the Government on guidelines for the Law on export and import duties
Posted: 29/9/2016 3:23:53 PM | Latest updated: 26/12/2022 11:12:49 AM (GMT+7) | LuatVietnam: 4068 | Vietlaw: 276
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This Decree defines dutiable subjects; application of import duty, export duty, time limit for payment of duties on imports, exports; exemption, reduction, and refund of import duty, export duty (Article 1)

In comparison with the earlier provisions, there are some noticeable new points in this Decree as follows:

- It is clearly regulated that goods imported, exported on the spot and goods of an export processing enterprise which exercises its rights to export, import or distribution are also the dutiable subjects (Article 2)

- It is supplemented the provision that if concessional rate of duty on an article specified in a concessional tariff schedule is lower than the special concessional rate specified in a special concessional tariff schedule, the former shall apply. Where duty is paid according to the special concessional rate which is higher than the concessional rate on the same article, overpaid duty shall be dealt with in accordance with tax administration laws (Article 3)

- It is supplemented the provision on duty-free allowance and application for duty exemption for goods of persons on entry, exit; duty -free allowance and application for duty exemption for exports, import being movable assets, gifts. The most noticeable point in this provision is that the number of times of duty exemption must not exceed 4 times per year (Article 8).

- It is supplemented the provision on duty exemption for goods imports, exported for the purpose of processing, export production (Article 10, Article 11)

- It is supplemented the provision on 5-year exemption from import duties on raw materials, that cannot be domestically manufactured and are imported to serve manufacturing activities of investment projects in the fields eligible for special investment incentives or located in extremely disadvantaged areas, hi-tech enterprises, science and technology enterprises (Article 15)

This Decree takes effect from September 1st, 2016 and replaces Decree No. 87/2010/ND-CPstatus1 dated August 13th, 2010.

To abolish the provisions on exemption from export and import duties provided in these Decision: Decision No. 31/2015/QD-TTgstatus2 dated August 4th, 2016, Decision No. 52/2015/QD-TTgstatus1 dated October 20th, 2015, Decision No. 53/2013/QD-TTgstatus2 dated September 13th, 2013 and Article 7 of Decision No. 219/2009/QD-TTg dated October 1st, 2009.

These Annexes are issued together with this Decree to be used as the bases for consideration of tax exemption: List of commodities and allowance for commodities serving work and life of diplomatic missions, consular offices and representative offices of foreign organizations in Vietnam (Annex I); List of commodities and allowance for commodities serving work and life of members of diplomatic missions, consular offices and representative offices of foreign organizations in Vietnam (Annex II); List of commodities and allowance for commodities serving work and life of other employees of diplomatic missions, consular offices and representative offices of foreign organizations in Vietnam (Annex III); List of fatal diseases (Annex IV); List of duty free allowances for goods traded by border residents (Annex V); List of prioritized medical equipment (Annex VI).

Theo Khoản 1 Điều 35 Nghị định 08/2015/NĐ-CPstatus2 , hàng XNK tại chỗ bao gồm các trường hợp sau:
a) Bán lại hàng gia công ngay tại Việt Nam
b) Hàng mua bán giữa doanh nghiệp nội địa với doanh nghiệp chế xuất, doanh nghiệp trong khu phi thuế quan;
c) Hàng mua bán giữa doanh nghiệp Việt Nam với nước ngoài nhưng được chỉ định giao tại Việt Nam.
Ghi chú về sửa đổi, bổ sung
  • According to Clause 1 Article 35 of Decree No. 08/2015/ND-CPstatus2 , goods exported, exported on the spot include these cases:
  • a) Goods produced in Vietnam and sold to Vietnamese organizations or individuals by overseas ones;
  • b) Goods traded between domestic enterprises and exporting and processing enterprises or enterprises located in non-tariff zones;
  • c) Goods traded between Vietnamese enterprises and overseas organizations or individuals and delivered or received in Vietnam under the designation arrangement.
  • See more the amendments, supplements at Decree No. 18/2021/ND-CP dated March 11th, 2021
  • Point c Clause 3 Article 78, Point b Clause 4 Article 20, Clause 1 Article 29; the phrase “(if duty exemption is granted before customs procedures are completed) or Form 03b in Appendix VII enclosed herewith (if duty exemption is granted after customs procedures is completed) at Point a Clause 3 Article 20; the phrase “If duty exemption is granted before customs procedures are completed” at Point a Clause 4 Article 20; the phrase “Clause 2 Article 8” at Clause 4 Article 31; the phrase “If goods are eligible for duty refund but duty has not been paid or is exempted as prescribed in Article 19 of the Law on Export and import duties, documents and procedures are similar to those for duty refund” at Clause 3 Article 33, Clause 3 Article 34, Clause 3 Article 35, Clause 6 Article 36, Clause 4 Article 37 of this Decree shall be abrogated from April 25th, 2021, according to the regulations at Decree No. 18/2021/ND-CP dated March 11th, 2021.
  • Annex VII promulgated together with this Decree is replaced by Annex VII promulgated together with Decree No. 18/2021/ND-CP dated March 11th, 2021.
  • See more the amendments, supplements at Decree No. 104/2022/ND-CP dated December 21st, 2022.
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Hiệu lực 1-Sep-2016
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Published Vietlaw's Newsletter No. 276

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