THE MINISTRY OF
FINANCE OF VIETNAM
GENERAL DEPARTMENT OF VIETNAM CUSTOMS
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 642/TCHQ-TXNK
Re: declaration of VAT rate, determination
of names and HS codes of imported goods which are not eligible for VAT
reduction under Decree No. 15/2022/ND-CP
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Hanoi, February
25, 2022
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To:
- Provincial Customs Departments;
- Enterprises whose names appear in the list enclosed
herewith.
The General Department of Vietnam Customs
has received requests from certain enterprises (whose names
appear in the list enclosed herewith) for guidelines on declaration of VAT
rate, determination of names and HS codes of imported goods which are not
eligible for VAT reduction under the Government’s Decree No. 15/2022/ND-CP
dated January 28, 2022. In response to these requests, the General Department
of Vietnam Customs has some opinions as follows:
1. Declaration and calculation
of VAT on imported goods should base on the actual conditions
of imported goods, provisions on objects subject to VAT, 5% VAT and 10% VAT in
the VAT Law and Article 1 of the Decree No. 15/2022/ND-CP, and the list of
goods and services which are not eligible for VAT reduction in Appendixes
enclosed with the Decree No. 15/2022/ND-CP.
2. Imported goods which are
not eligible for VAT reduction under the Resolution No. 43/2022/QH15 are those
goods having their names specified in column 8 “name of
product” and described in column 9 “contents" (in case contents in column
9 are not available, the name of product in column 8 shall be applied) of
Appendix I, Part A Appendix III or in column 3 “goods” of Part B Appendix III
or those subject to excise tax in Appendix II enclosed with the Decree No.
15/2022/ND-CP.
If any of the imported goods mentioned in
Appendixes I, II, III enclosed with the Decree No. 15/2022/ND-CP is not subject
to VAT or is subject to 5% VAT as prescribed in the VAT Law, it shall be
treated in accordance with the provisions of the VAT Law.
If an imported good other than those mentioned in
Appendixes I, II, III enclosed with the Decree No. 15/2022/ND-CP is subject to
10% VAT as prescribed in the VAT Law, it may be eligible for 8% VAT as
prescribed in the Resolution No. 43/2022/QH15.
3. Determination of goods
which are not eligible for VAT reduction in column 10 Appendix I, column 10
Part A Appendix III, column 4 Part B Appendix III:
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a) If column 10 Appendix I, column 10 Part A
Appendix III, or column 4 Part B Appendix III only indicates HS code of Chapter,
all goods of that Chapter meeting the condition (i) mentioned above shall not
be eligible for VAT reduction.
b) If column 10 Appendix I, column 10 Part A
Appendix III, or column 4 Part B Appendix III indicates HS codes
of Chapter and heading, all goods of that heading meeting
the condition (i) mentioned above shall not be eligible for VAT reduction.
c) If column 10 Appendix I, column 10 Part A
Appendix III, or column 4 Part B Appendix III indicates HS codes of Chapter,
heading and subheading, all goods of that subheading meeting the condition (i)
mentioned above shall not be eligible for VAT reduction.
d) If column 10 Appendix I, column 10 Part A
Appendix III, or column 4 Part B Appendix III indicates HS codes of Chapter,
heading, subheading and tariff item (8 digits), all goods bearing that 8-digit
HS code and meeting the condition (i) mentioned above shall not be eligible for
VAT reduction.
3.2. Imported goods which are not eligible for VAT
reduction are those goods having their names specified in column 8 “name of
product” and described in column 9 “contents" (in case contents in column
9 are not available, the name of product in column 8 shall be applied) of
Appendix I, Part A Appendix III or in column 3 “goods” of Part B Appendix III,
and marked (*), and shall be treated as follows:
Based on the actual conditions of imported goods,
list of Vietnam’s imports and exports enclosed with the Circular No.
65/2017/TT-BTC dated June 27, 2017 and the Circular No. 09/2019/TT-BTC of the
Ministry of Finance of Vietnam, HS code specified in
customs declaration forms shall be 8-digit HS code of such goods which shall not be eligible
for VAT reduction.
4. Goods described as “Other”
in Part B Appendix III are those goods which are classified in one of the
headings specified in Section I through VI but classified in neither of the
subheadings of these headings.
Example 1: Section I indicates the heading of
calculating machines, network equipment and peripherals, and names of products
are clearly specified in subheadings bearing ordinal
number 01 – 05 but the subheadings bearing the ordinal
number 06 is “Other”. In this case, imported goods in the subheadings
bearing the ordinal number 06 are those goods classified in the heading of
machines, network equipment and peripherals other than cash registers (No. 01),
accounting machines (No. 02), e-readers (No. 03), automatic plate exposure
machines (No. 04) and CTP plate making machines (No. 05).
Example 2: Section V indicates the heading of
multi-media electronics, communication and telecommunications apparatus, and
names of products of subheadings are specified as follows:
No. 01 (Transmission apparatus for radio-broadcasting or television,
telecommunications apparatus), No. 02 (Telephone), No. 03 (Transmission network
apparatus), and No. 04 (Other).
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Provincial Customs Departments and enterprises
whose names appear in the list enclosed herewith are requested to comply with
the instructions herein./.
PP. DIRECTOR
GENERAL
DEPUTY DIRECTOR GENERAL
Luu Manh Tuong
LIST OF ENTERPRISES
(enclosed with the Official Dispatch No. 642/TCHQ-TXNK dated February 25,
2022 of the General Department of Vietnam Customs)
No.
Enterprises
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Address
1
Rita Vo Co., Ltd.
063-22/XNK-RTV dated February 15, 2022
327 Hanoi Highway, An Phu Ward, Thu Duc, Ho Chi
Minh City
2
Roche Vietnam Co., Ltd.
1006/0222/HC-RV dated February 11, 2022
27th Floor, Pearl Plaza Building, No. 561A Dien
Bien Phu Street, Ward 25, Binh Thanh District, Ho Chi Minh City
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Tung Vi Trading Service Production Co., Ltd.
01/02/22-CVTV dated February 10, 2022
418/15 Tran Phu, Ward 7, District 5, Ho Chi Minh
City
4
Kangaroo International Joint Venture Company
1102/2022/CV-KGR dated February 11, 2022
Tan Quang Industrial Park, Tan Quang Commune, Van
Lam, Hung Yen Province
5
Benny VietNam Electric Joint Stock
Company
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No. 12, Alley 26 Xuan Dieu, Quang An Ward, Tay Ho
District, Hanoi City
6
Giao Van Service – Trading Company Limited
01/TCHQ/2022 dated February 8, 2022
208 Hoang Hoa Tham Street, Ward 12, Tan Binh
District, Ho Chi Minh City
7
Vietnam Automobile Manufacturers Association
025101/2022/VAMA dated February 15, 2022
10th Floor, Dao Duy Anh Building, No. 9 Dao Duy
Anh Street, Dong Da, Hanoi City
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Linh Hung Co., Ltd.
CV1102/LH-HQ dated February 11, 2022
Phu Lam Industrial Point, Phu Lam Ward, Ha Dong
District, Hanoi City.
9
BHFLEX Co., Ltd.
20220209-01/BHFLEX dated February 9, 2022
Khai Quang Industrial Park, Khai
Quang Ward, Vinh Yen City, Vinh Phuc Province
10
Cuckoo Vina Co., Ltd.
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15th Floor, C Tower, Central Point Building, 219
Trung Kinh Street, Yen Hoa Ward, Cau Giay District, Hanoi City
11
THN Vietnam Co., Ltd.
170222/CV dated February 17, 2022
414, Luy Ban Bich Street,
Hoa Thanh Ward, Tan Phu District, Ho Chi Minh City
12
Fusion Group Co., Ltd.
01/2022-FUSION dated February 17, 2022
Lot L1-06B, Lot L1-07B, Lot L1-08B, An Khanh
Ecotourism Area, An Khanh, Hoai Duc, Hanoi City
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Tan Hoa Loi Co., Ltd.
16-22/CV-THL dated February 15, 2022
245/61D Hoa Binh, Hiep Tan, Tan Phu, Ho Chi Minh
City
14
Panasonic Life Solutions Vietnam Co., Ltd.
PLSVN-09022022 dated February 09, 2022
No. 1 Vsip II-A, Road No. 12, VN-Singapore II-A
Industrial Park, Vinh Tan, Tan Uyen, Binh Duong
15
Nidec Mobility Vietnam Co., Ltd.
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21st Floor, Leadvisors Tower, Pham Van
Dong Street, Bac Tu Liem, Hanoi City
16
MJ Logistics Hanoi Co., Ltd.
202202-01 dated February 09, 2022
15th Floor, TTC Tower, Block B1A, Cau Giay
Cottage Industry and Light Industry Manufacturing Cluster, Dich Vong Hau
Ward, Cau Giay District, Hanoi City
17
Hanoi International Pharma -
Chemical Joint Stock Company
CV1102/HIPC-HQ dated February 11, 2022
No.8, Alley 4, Xom Quarter, Phu Lam Ward, Ha
Dong District, Hanoi City
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XNK Bao Tien Joint Stock Company
02/2022/BT-CST dated February 19, 2022
11, Road A, Phu Thanh Ward, Tan Phu District, Ho
Chi Minh City
19
Tung Ho Steel Vietnam Corporation Limited
02.2022/CV/VMKHQ dated February 17, 2022
Phu My II Industrial Zone, Phu My Ward, Ba Ria –
Vung Tau Province
20
Posco Yamato Vina Steel Joint Stock Company
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Road N1, Phu My II Industrial Zone, Phu My Ward,
Ba Ria – Vung Tau Province
21
Benny Vietnam Electronics Joint Stock Company
08/CV, 09/CV dated February 19, 2022
1st Floor, A Tower, Dong Phat Building, Vinh
Hung, Hoang Mai, Hanoi City
22
Benny VietNam Electric Joint Stock
Company
05/cv dated February 19, 2022
No. 12, Alley 26 Xuan Dieu, Quang An Ward, Tay Ho
District, Hanoi City
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Vinacomin – Coal Import Export Joint Stock
Company
95/CLM-KTTC dated February 21, 2022
47 Quang Trung, Hoan Kiem District, Hanoi City
24
Dat Hop Co., Ltd.
Official Dispatch without reference number dated
February 21, 2022
No. 2, Road No. 4, Van Phuc 1 Housing Area, Hiep
Binh Phuoc, Thu Duc, Ho Chi Minh City
25
Panasonic Vietnam Co., Ltd
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Lot J1-J2, Thang Long Industrial Zone, Kim Chung
Commune, Dong Anh, Hanoi City
26
SBC Digital Joint Stock Company
01/CV-2022/SBC dated February 17, 2022
182C Le Thi Bach Cat, Ward 11, District 11,
Ho Chi Minh City
27
ABB Automation and Electrification (Vietnam) Co.,
Ltd.
01/022022/CV-ABB dated February 23, 2022, No.
02/022022/CV-ABB dated February 22, 2022
19th Floor, Friendship Building, No. 31, Le Duan
Street, Ben Nghe Ward, District 1, Ho Chi Minh City
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Sunhouse Group Joint Stock Company
230222 dated February 23, 2022
No. 139, Nguyen Thai Hoc Street, Dien Bien Ward,
Ba Dinh District, Hanoi City
29
Y Hop Mechanery and Spare Part Joint Stock
Company
220222/YH dated February 22, 2022
46/41/61 Vuon Chuoi, Ward 4, District 3, Ho
Chi Minh City