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MINISTRY OF FINANCE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 1813/BTC-TCHQ
Regarding the implementation of Decision No. 01/2025/QD-TTg dated January 3, 2025 of the Prime Minister of Vietnam

Hanoi, February 17, 2025

 

To: Customs Departments of provinces and/or municipalities

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1. Application of tax policies:

Pursuant to Law on Value Added Tax No. 13/2008/QH12 dated June 3, 2008;

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Pursuant to Decree No. 134/2016/ND-CP dated September 1, 2016 of the Government of Vietnam on the elaboration of the Law on Export and Import Duties, amended by Decree No. 18/2021/ND-CP dated March 11, 2021 of the Government of Vietnam;

Pursuant to Decision No. 01/2025/QD-TTg dated January 3, 2025 of the Prime Minister of Vietnam on annulment of the entirety of the Prime Minister’s Decision No. 78/2010/QD-TTg dated November 30, 2010 on duty-free and VAT-free values of imports sent by express delivery services

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Exemption of import duty on goods sent via express delivery services shall comply with the provisions of the Law on Export and Import Duties 2016 and Decree No. 134/2016/ND-CP amended by Decree No. 18/2021/ND-CP of the Government of Vietnam.

2. Customs declaration, supervision of tax liabilities and customs fees for MIC declarations

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2.1.1. The express delivery enterprise shall make e-MIC declaration on the VNACCS under the current regulations. The express delivery enterprise shall calculate the VAT payable and submit it to the customs authority according to Form No. 02-BKTKTGT specified in Appendix I regrading List 2 issued with Circular No. 56/2019/TT-BTC dated August 23, 2019 of the Minister of Finance of Vietnam with the added lines "Total customs value", "VAT rate" and "VAT amount" (according to the Appendix attached to this Official Dispatch).

2.1.2. The customs authority shall, based on the tax calculation statement according to Form No. 02-BKTKTGT provided by the express delivery enterprise, update the taxes payable into the Centralized Tax Accounting System. The customs authority shall, based on the payment receipt to the state budget, update at the deposit account of the customs authority where the declaration is registered or deduction of the general guarantee according to the provisions of Circular No. 191/2015/TT-BTC dated November 24, 2015 of the Ministry of Finance and make certification on the statement made in Form No. 02-BKTKTGT to confirm the goods passing through the customs controlled area.

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- The express delivery enterprise shall make customs declarations according to Form HQ/2015/NK issued together with Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance. Declaration of entries on the declaration shall follow guidelines in Part III, Appendix II, List 2 issued with Circular No. 56/2019/TT-BTC. Where:

+ In Entry (18) on the declaration, the enterprise declares the name of the goods representing the shipment and the attached file number HYS (Packing list –the express delivery enterprise shall calculate the VAT payable according to the Packing list attached to Official Dispatch No. 6110/TCHQ-GSQL dated November 24, 2023); + In Entry (29). VAT - “Taxable value” is “Total customs value”; “Tax rate (%)” is “the regulatory VAT rate”; “Tax amount” is “total tax amount payable at stated VAT rate”.

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2.3. For imports subject to VAT (5%, 8%, 10%) and not subject to VAT, the enterprise shall prepare lists of imports subject to the same VAT rate.

2.4. Other procedures shall comply with the applicable legislative documents and guidelines in Official Dispatch No. 6110/TCHQ-GSQL dated November 24, 2023, Official Dispatch No. 6156/TCHQ-GSQL dated November 29, 2023 of the General Department of Vietnam Customs.

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Pursuant to Clause 1, Article 94 of the Law on Tax Administration 2019, "Electronic documents include documents and receipts in electronic forms provided for taxpayers by tax authorities or tax-deducting organizations while following tax procedures or collecting other state budget revenues, and other electronic documents and receipts".

Pursuant to Clause 2, Article 32 of Decree No. 123/2020/ND-CP on the required information on receipts;

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Pursuant to the above regulations, if an enterprise has an information technology system eligible for issuing e-receipts to customers according to the provisions of the Law on Tax Administration, Decree No. 123/2020/ND-CP, it shall notify the customs authority of the issuance of receipts according to the provisions of Circular No. 178/2011/TT-BTC.

4. Customs Departments of provinces and/or municipalities shall disseminate the guidance in this Official Dispatch among their affiliated Customs Sub-Departments and publicly post it at locations for customs clearance procedures; and report any issue that arises to the General Department of Vietnam Customs for guidance on settlement.

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ON BEHALF OF MINISTER
PP. DIRECTOR GENERAL OF VIETNAM CUSTOMS
DEPUTY DIRECTOR GENERAL




Au Anh Tuan

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