THE
GOVERNMENT
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
No.
54-CP
|
Hanoi,
August 28, 1993
|
DECREE
ON EXPORT AND IMPORT DUTIES MAKING DETAILED PROVISIONS FOR
THE IMPLEMENTATION OF THE LAW ON EXPORT AND IMPORT DUTIES AND THE LAW ON
AMENDMENT OF AND ADDITION TO A NUMBER OF ARTICLES OF THE LAW ON EXPORT AND
IMPORT DUTIES
THE GOVERNMENT
Pursuant to the Law on the
Organization of the Government dated 30 September 1992;
Pursuant to the Law on Export a nd Import Duties dated 26 December 1991
passed by Legislature VIII of the National Assembly of the Socialist Republic
of Vietnam at its 10th Session; the Law on the Amendment of and Addition to a
Number of Articles of the Law on Export and Import Duties dated 5 July 1993
approved by Legislature IX;
On the proposal of the Minister of Finance;
DECREES:
Chapter I
GOODS SUBJECT TO AND
ENTITIES LIABLE FOR PAYMENT OF DUTY
Article 1
Goods
permitted to be exported or imported across the borders of Vietnam which fall
within one of the following categories shall be subject to export or import
duty:
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2. Exports or imports of foreign
economic organizations or of one of the forms of foreign investment in Vietnam.
3. Goods referred to in clauses
1 and 2 above which are permitted to be imported into export processing zones
in Vietnam and goods of enterprises in export processing zones which are
permitted to be imported into the domestic market of Vietnam.
4. Goods which are exported or
imported as samples or for the purpose of advertising or exhibition.
5. Refundable or non-refundable
humanitarian goods which are the subject of aid programmes.
6. Goods which are personal
belongings and which exceed the quantity stipulated for exemption of duty of
Vietnamese or foreigners crossing the borders of Vietnam.
7. Goods which are gifts or
presents and which exceed the quantity stipulated for exemption from duty of
foreign organizations, individuals, or foreign nationals of Vietnamese origin,
brought or sent back to organizations or individuals in Vietnam and vice versa
.
8. Exported or imported goods
which exceed the quantity stipulated for exemption from duty of Vietnamese
citizens who have been appointed by the State to assignments, work, and studies
overseas, of international organizations and foreign diplomatic agencies in
Vietnam, and of foreigners working in any of the organizations referred to or
in any of the forms of foreign investment in Vietnam.
9. Goods which are movable
assets and which exceed the quantity stipulated for exemption from duty of
foreign organizations or individuals which are exported across the borders of
Vietnam at the end of the term of their residency or work in Vietnam, or of
Vietnamese citizens who are permitted to emigrate by the Vietnamese Government.
Article 2
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Article 3
The
following goods shall not be subject to export and import duties provided that
all customs formalities are carried out:
1. Goods in transit including
those being transported on roads which cross the borders of Vietnam on the
basis of a treaty signed between two governments or between branches and
localities permitted by the Prime Minister. Goods which are imported from
foreign countries into export processing zones and goods which are exported to
foreign countries from export processing zones; and goods which are transported
from one export processing zone to another export processing zone within the
territory of the Socialist Republic of Vietnam.
2. Goods in transit including
the following:
(a) Goods transported directly
from a port of the exporting country to a port of the importing country,
without stopping at a port of Vietnam.
(b) Goods transported to a port
of Vietnam and then to a port of the importing country, without being subject
to the importing procedures of Vietnam.
(c) Goods put into bonded
warehouses and then transported to another country in accordance with the
administrative regulations of the bonded warehouse, without being subject to
the importing procedures of Vietnam.
3. Goods categorized as
humanitarian aid including goods supplied by United Nations organizations,
goods supplied by the State in accordance with agreed aid programmes and projects,
and other aid from the Government in the event of unforeseen circumstances, or
from foreign organizations in order to assist in overcoming damage caused by
natural disasters or epidemics.
The Ministry of Finance shall
issue guidance provisions on the basis of the administrative procedures and the
General Department of Customs shall issue guidance provisions on the basis of
the customs procedures in relation to goods which are not subject to duties as
stipulated in this article.
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Organizations
and individuals shall pay export or import duty on goods which are subject to
export or import duty as stipulated in article 1 of this Decree when exporting
or importing such goods. In circumstances where the exported or imported goods
are assigned, the assignee shall pay the export and import duty.
Article 5
Goods
which are exported and imported pursuant to an international treaty to which
Vietnam is a signatory shall be subject to the provisions of the international
treaty which relate to export and import duties where the treaty makes
provisions for exemption from or reduction of export and import duties. The
Ministry of Finance shall determine the exemption from or reduction of duties
in each case in accordance with the provisions of the international treaty.
Chapter II
BASIS ON WHICH DUTY
SHALL BE CALCULATED AND MANNER IN WHICH DUTY SHALL BE LEVIED
Article 6
The basis
for calculating the amount of export and import duty payable is as follows:
1. The quantity of each item of
goods listed in the export/import declaration form (hereinafter referred to as
the declaration) which is submitted by an organization or individual.
2. Dutiable value as stipulated
in article 7 of this Decree.
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Article 7
The basis
for determining dutiable value shall be:
1. For exports: the contract
selling price at the border gate, excluding transportation costs (F) and
insurance costs (I), pursuant to the sales contract and consistent with
documentary evidence relating to the sale.
For imports: the contract
purchasing price at the port of destination, including transportation costs (F)
and insurance costs (I), pursuant to the sales contract and consistent with
documentary evidence relating to the sale.
The dutiable value in Vietnamese
dong shall be the dutiable value in foreign currency multiplied by the buying
exchange rate published by the State Bank of Vietnam. The Ministry of Finance
shall provide guideline provisions in respect of any currency for which the
Bank does not publish a rate.
2. In relation to goods exported
or imported pursuant to sale or purchase contracts, where completed legal
written evidence confirms that the dutiable value is in accordance with the
provisions of the contract, the dutiable value shall be determined according to
the contract.
The Ministry of Finance and the
Ministry of Trade shall stipulate the basis upon which to determine the
dutiable value pursuant to a sale or purchase contract.
3. In cases where the conditions
for determining the dutiable value in accordance with a contract as stated in
clause 2 of this article, are not satisfied; or the contract price is low in
comparison with market prices at the bordergates; or goods are exported or
imported by means other than selling, purchasing, or settlement through banks,
the dutiable value shall be the actual minimum selling or purchasing price at
the bordergates.
The Ministry of Finance shall,
together with the Ministry of Trade and the General Department of Customs,
stipulate the actual minimum selling and buying prices on the basis of the
principle for determining the dutiable value as stipulated in clause 1 of this
article.
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Any duty
payable shall be paid in Vietnamese currency: in the case of payment in foreign
currency, the foreign currency must be freely convertible. The Ministry of
Finance shall stipulate the circumstances in which duty may be paid in foreign
currency.
Article 9
The export
and import duty payable shall be equal (=) to the quantity of each item of goods
actually exported or imported multiplied by (x) its dutiable value and by the
rate of duty applicable to each item of goods stated in the tariff.
Chapter
III
DUTY TARIFF
Article 10
The rates
of export and import duty are stipulated in the tariff issued with this Decree.
This tariff shall be in force temporarily.
In consideration of the
differing policies to encourage export and import of each item of goods and the
periodical fluctuations in market prices, the Ministry of Finance shall, before
presenting any adjustment of the duty rates stated in the tariff issued with
this Decree to the Council of Ministers within the limits fixed for such rates
by the State Council, consult with the Ministry of Trade.
Article 11
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1. The normal rate shall be the
rate of duty stipulated in the tariff issued with this Decree.
2. The preferential rate:
(a) The preferential rate of
duty shall be the rate applied in respect of goods which are exported and
imported in the following circumstances:
- the goods are exported and
imported pursuant to trade agreements signed between two governments which
include terms for preferential treatment in respect of export and import duty
for each item of goods of a specified quantity.
- the goods which are exported
and imported are goods which are manufactured in Vietnam (in relation to
exports), or in a foreign country which has signed terms for professional
commercial trading relations with Vietnam (in relation to imports).
The Ministry of Finance shall,
on the basis of the circumstances stated in this clause, issue guidance
provisions in relation to the basic circumstances in which the preferential
rate shall be applied.
(b) The preferential rate of
duty shall be applied at a uniform rate equal to seventy (70) per cent of the
standard rate stated in the tariff.
(c) The Government shall
determine the other circumstances in which the preferential rate of duty and
the above provisions shall be applied on the basis of the recommendations of
the Ministry of Finance and relevant Ministries.
Chapter IV
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Article 12
The cases
in which an exemption from duty shall be allowed, as stipulated in article 10
of the Law on Export and Import Duties, are provided for in detail as follows:
1. Non-refundable aid shall
include:
- bilateral or multi-lateral
non-refundable aid of government, inter- government and non-govern ment
organizations.
- non-refundable goods which are
the subject of humanitarian aid programmes of foreign organizations for the
purpose of charity, education, health, and culture, of international religious
organizations providing assistance in the scientific, educational, health and
cultural fields, and to Vietnamese religious organizations to be applied
directly in relation to science, education, health, culture, and religion.
2. Temporary imports and re
-exports, and temporary exports and re -imports for exhibitions shall include
goods which are permitted to be temporarily exported or imported for
exhibitions and which, at the end of the exhibition, must be re - imported into
Vietnam, in the case of temporary exports, or re -exported from Vietnam, in the
case of temporary imports.
3. Movable assets of Vietnamese
or foreign organizations and individuals transferred into Vietnam or overseas
within permitted quota includes:
(a) Movable assets of foreign
organizations or individuals exported through the bordergates of Vietnam
at the end of the term of their residency or work in Vietnam.
(b) Movable assets of Vietnamese
organizations which, or individuals who, are permitted to conduct business or
work in foreign countries and such assets are imported through the bordergates
of Vietnam upon expiry of the term.
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The Ministry of Finance shall,
together with the Ministry of Foreign Affairs and the General Department of
Customs, make detailed provisions on the quota of movable assets to be exempted
from duty in respect of each entity in accordance with the law of the
respective countries and international law.
4. Goods which are brought or
sent back by Vietnamese citizens who have finished their labour contracts in
foreign countries, who are experts in foreign countries, or who have lived in
foreign countries for study purposes, provided that they comply with the
provisions of the Government on entry/exit baggage criteria.
5. Exports and imports of
foreign organizations which, and individuals who, pursuant to international
treaties to which Vietnam is a signatory or a participant, enjoy diplomatic
immunities stipulated by the Government.
The Ministry of Finance shall,
together with the Ministry of Foreign Affairs and the General Department of
Customs, present the levels of exemption from duty referred to in this clause
to the Government for promulgation.
6. Raw materials and other
materials imported from foreign countries for processing and re -export
pursuant to a contract in writing in any of the following forms: receipt of raw
or other materials and subsequent transfer of the finished products, or payment
for part or all of the raw or other materials and subsequent sale of the
finished products, to a foreign country in accordance with the contract.
The Ministry of Finance shall
provide guidance in relation to the circumstances for exemption from duty stipulated
in this article.
Article 13
The cases
in which a reduction of duty shall be granted, as stipulated in article 11 of
the Law on Export and Import Duty, are provided for in detail as follows:
1. Imports for specialized use
for security, national defence,
scientific, educational, training or research purposes funded by State
organizations or bodies.
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In the cases of duty exemption
stipulated in article 76 of Decree 18-CP dated 16 April 1993, the Ministry of
Finance shall be responsible for duty exemption on the basis of an investment licence
issued by the State Committee for Co - operation and Investment and a list
provided by the Ministry of Trade of equipment, machinery, accessories, means
of production and materials imported into Vietnam in order to invest in the
capital construction of the enterprise or to create fixed assets for t he
performance of the business co- operation contract.
3. Gifts of foreign
organizations and individuals given to Vietnamese organizations and individuals
and vice versa shall be exempted from duty in accordance with the level
stipulated by the Ministry of Finance.
4. Goods imported for duty free
sale at duty free shops permitted by the authorized bodies to sell to people
exiting Vietnam, to foreign representative bodies and to foreigners in Vietnam.
The Ministry of Finance shall
stipulate the procedures for determining the reduction of duty in relation to
the cases referred to in this article.
Article 14
Where
goods are genuinely damaged or lost in the process of transportation, loading,
or unloading as certified by Vietnam Export and Import Inspection Company (Vinacontrol),
duty may be reduced in proportion to the damage to the goods. Customs offices
at the level of the provinces and cities shall, on the basis of the level of
damages certified by Vinacontrol,
inspect and examine all files in accordance with the procedures for determining
the reduction of duty stipulated by the Ministry of Finance.
Article 15
In the
event that the original basis upon which an exemption from or reduction of duty
was granted as stipulated in articles 12, 13 and 14 of this Decree is changed,
the owners of the exports or imports shall notify the customs office at the
level of the provinces and cities within two days of the change in the order
that the customs office may carry out the procedures for and the collection of
the amount of exemption from or reduction of the duty.
The Ministry of Finance shall
issue guidance provisions in relation to the basics of the procedures for and
authority to collect the full amount of duty payable in relation to these
cases.
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The cases
in which the amount of export and import duty paid shall be refunded, as
stipulated in articles 14 and 15 of the Law on Export and Import Duties, are
provided for in detail as follows:
1. The amount of duty paid shall
be refunded in the following cases:
(a) Where imported goods in
respect of which a declaration has been submitted to the tax office and duty
has already been paid have remained at the bordergates or in a
customs warehouse, and are to be re -exported.
(b) Where goods in respect of
which a declaration has been submitted and export duty has been paid are no
longer to be exported.
(c) Where the quantity of goods
actually exported or imported is smaller than that stated in the declaration
and that in respect of which duty has been paid.
(d) Where materials are imported
for the manufacture of exports, the refunded amount being in proportion to the
quantity of exports.
(e) Goods permitted by the
Ministry of Trade:
- goods temporarily imported for
re -export shall not be subject to export duty upon re -exporting and the
refunded amount shall be in proportion to the quantity of re -exports.
- goods temporarily exported for
re -import shall not be subject to import
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- raw materials and materials imported
for the manufacture of exports shall not be subject to import duty if the
products are exported within the time limit for payment of duty stipulated in
article 17 of this Decree and the refunded amount shall be in proportion to the
quantity of actual exports.
- goods temporarily imported for
re -export shall not be subject to import duty if they are actually re
-exported within the time limit for payment of duty (thirty (30) days) and the
refunded amount shall be in proportion with the actual re -exported goods.
- goods temporarily exported for
re -import shall not be subject to export duty if they are actually re
-imported within the time limit for payment of tax (fifteen (15) days) and the
refunded amount shall be in proportion with the actual re -imported goods.
- imported goods of a number of
Vietnamese businesses permitted to import for the purposes of acting as agents
for the delivery and sale of goods to foreign countries; provided that they are
registered with the Ministry of Finance they shall be refunded with the duty
paid in proportion to the actual amount of goods exported out of Vietnam.
2. The time for the refund of an
amount of duty paid shall be as follows:
Within thirty (30) days from
receipt of a reques
t for a refund of the duty paid, the Ministry of Finance shall pay the
refundable tax to that person. If the payment deadline stipulated above is not
met, the Ministry of Finance shall pay to the person who has paid the duty both
the refundable tax and in terest
thereon for the overdue period at the rate payable on bank deposits at the time
the refund is made.
The Ministry of Finance shall
issue guidance provisions in relation to the basics of the procedures for
determining the amount of the refund of the duty paid in the cases which are eligible
for a refund as stipulated in this article.
Chapter V
DEALING WITH BREACHES
AND RESOLVING COMPLAINTS
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Dealing
with breaches as provided for in article 20 of the Law on Export and Import
Duty shall be stipulated as follows:
1. Where the payment of duty is
overdue, the organizations which, and individuals who, are liable for the duty
shall pay a fine of one fifth of one (0.2) per cent of the overdue amount in
respect of each day of delay.
(a) In the cases of exports and
imports referred to in clauses 1, 2, 3, 4 and 5 of article 1 of this Decree,
the time for payment of duty shall be as follows:
- within fifteen (15) days from
the date the organization which, or individual who, is liable for the export
duty receives official notification of the amount to be paid from the tax
office.
- within thirty (30) days from
the date the organization which, or individual who, is liable for the import
duty receives official notification of the amount to be paid from t he tax
office.
- within ninety (90) days from
the date the organization which, or individual who, imports materials and raw
materials for the manufacture of exports receives official notification of the
amount to be paid from the tax office.
(b) In the cases of exports and
imports referred to in clauses 6, 7, 8 and 9 of article 1 of this Decree, the
person liable for the duty must pay it before the goods are exported from or
imported into Vietnam.
2. Where the person liable for
payment of duty delays payment for more than ninety (90) days from the date of
receipt of official notification from the tax office, the customs office shall
suspend processing of the next consignment of that person and, at the same
time, notify the Ministry of Trade. When the Ministry of Trade receives
notification from the customs office it shall suspend the issuance of licences
for export or import of goods to that person until all outstanding duty is paid
as confirmed by the customs office.
3. Any person liable for duty
who is fraudulent in relation to payment of duty shall be fined an amount which
is between two to five times the amount of duty which was the subject of the
fraud.
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Article 18
In the
event that the original basis upon which an exemption of duty or reduction of
duty was granted is changed, and the party concerned fails to notify the tax
office as provided for in article 15 of this Decree, the party concerned shall
pay a fine of one fifth of one (0.2) per cent of the amount of duty payable per
day and, if the party continues to breach the provisions on the payment of
overdue duty or fraudulent conduct, he or she shall be penalised in accordance
with the provisions o f article 17 of this Decree.
Article 19
Where a
person liable for duty disagrees with a fine imposed by the tax office as
provided for in clauses 1 and 3 of article 17, he shall pay the fine and may,
at the same time, lodge a claim for review with the General Department of
Customs. Within twenty (20) days from the date of receipt of the application
for review, the General Department of Customs must fully resolve the matter. If
the person disagrees with the decision of the General Department of Customs, he
may lodge a claim for review with the Minister of Finance. Within thirty (30)
days, the Minister of Finance must fully resolve the matter and the decision of
the Minister of Finance shall be final.
Article 20
Any tax
officer or individual who takes advantage of his position and power to
appropriate or embezzle duty paid on dutiable exports or imports shall repay to
the State the appropriated or embezzled amount and shall, depending on the
seriousness of the breach, be subject to administrative punishment or be
prosecuted for criminal responsibility as provided by the law.
Any tax officer or individual
who takes advantage of his position and power to protect those who breach their
export and import duty obligations, or who deliberately breaches the Law on
Export and Import Duties shall, depending on the seriousness of the breach, be
subject to administrative punishment or be prosecuted for criminal
responsibility as provided by the law.
Any tax officer who is
irresponsible or intentionally deals with a case in an unlawful manner which
results in damage being suffered by the taxpayer or person affected shall pay
compensation to that person.
The Ministry of Finance shall
issue basic provisions in relation to breaches of the law as stipulated in this
article.
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ORGANIZATION OF
IMPLEMENTATION
Article 21
Organizations
or individuals shall make a declaration with the customs office at the level of
provinces and cities or with agencies authorized by the General Department of
Customs in respect of each consignment of goods permitted to be exported or
imported. Within eight business hours from the lodging of a declaration
concerning exports or imports, the customs office shall officially notify the
person liable of the amount to be paid. Within the time period stipulated in
article 17 of this Decree, the organization or person liable for the duty must
pay the amount in full.
In the event that there is any
inconsistency between the actual consignment and the declaration, the customs
office shall, within two business days from verifying a consignment of exports
or imports, adjust the amount of duty payable and shall, at the same time,
notify the organization or person liable of the official duty payable.
In the event that within fifteen
(15) days, in the case of trading exports, and within thirty (30) days, in the
case of trading imports, from the date that the customs office confirms the
lodging of the declaration the organization or individual does not have the
actual goods for export or import, the lodged declaration for export or import
and the notification of the duty payable in respect of the consignment of goods
shall no longer be valid. When the organization or individual does have the
actual goods for export or import, they must lodge a new declaration. The
customs office shall prepare a new official notification on the basis of the
newly lodged declaration.
Article 22
When
exporting or importing goods across the bordergates of Vietnam,
the persons liable in respect of goods permitted to be exported or imported in
the circumstances stated in clauses 6, 7, 8 and 9 of article 1 of this Decree
shall fully declare all goods which are exported or imported to the tax office
at the bordergate
concerned and shall pay the full amount of duty payable before exporting the
goods from or importing the goods in Vietnam.
Article 23
The
General Department of Customs shall issue provisions in relation to the
procedures for declaration, verification, determination, and payment of duties
in relation to exp orts and imports and shall organize the uniform collection
of duties throughout all customs offices. Customs offices at the level of the
provinces and cities and customs offices at bordergates shall comply
strictly with the provisions in relation to the lodging of declarations
provided that the person wanting to export or import goods has the relevant
documentary evidence from the calculation of duty. Customs offices shall also
calculate accurately the amount of duty payable by the organization or individual
liable for duty and shall ensure favourable conditions for organizations and
individuals to carry out their tax obligations.
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The State Bank of Vietnam shall
make provisions and provide guidance for banks in relation to the provision of
full audited documents relating to export and import duties which include the
name of the bank and the account numbers of the person liable at the request of
the customs office and tax office in order to enable them to carry out the
supervision of export and import duties.
Chapter
VII
FINAL PROVISIONS
Article 24
This
Decree shall be of full force and effect as of 1 September 1993 and shall
replace Decree 110-HDBT dated 31 March 1992.
All other previous provisions on
export and import duties which are inconsistent with this Decree are hereby
repealed.
Article 25
The
Minister of Finance, the Minister of Trade and the head of the General
Department of Customs shall together issue detailed guideline provisions for
the implementation of this Decree.
All ministers, heads of
ministerial equivalent bodies and bodies of the Government, and chairmen of
people's committees at the level of the provinces and cities under central
authority shall implement this Decree.
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ON
BEHALF OF THE COUNCIL OF MINISTERS ON BEHALF OF THE CHAIRMAN VICE CHAIRMAN
Phan
Van Khai