THE PRIME
MINISTER
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 31/2015/QD-TTg
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Hanoi, August 4,
2015
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DECISION
ALLOWANCE OF
BAGGAGE, MOVABLES, GIFTS, DONATIONS AND SAMPLE GOODS THAT QUALIFIES FOR TAX
EXEMPTION, TAX EXEMPTION CONSIDERATION AND NON-TAXABLE STATUS
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Export and Import Tax
dated June 14, 2005;
Pursuant to the Law on Value-added Tax dated
June 3, 2008, and the Law on Amendments and Supplements to several articles of
the Law on Value-added Tax dated June 19, 2013;
Pursuant to the Law on Excise Duty dated November
14, 2008;
Pursuant to the Law on Tax Administration dated
November 29, 2006, and the Law on Amendments and Supplements to several
articles of the Law on Tax Administration dated November 20, 2012;
Pursuant to the Law on Customs dated June 23,
2014;
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Pursuant to the Government's Decree No.
87/2010/ND-CP dated August 13th, 2010 on providing specific
provisions on implementation of a number of articles of the Law on Customs
Duty;
Pursuant to the Government’s Decree No.
83/2013/ND-CP dated July 22, 2013 on providing specific provisions on
implementation of several articles of the Law on Tax Administration and the Law
on Amendment and Supplement to several articles of the Law on Tax
Administration;
Pursuant to the Government's Decree No.
187/2013/ND-CP dated November 20, 2013 on providing specific provisions on
implementation of the Commerce Law on international commodity trade, and
operations of agents specializing in purchasing, selling, processing and
transiting goods with foreign counterparts;
Pursuant to the Government’s Decree No.
209/2013/ND-CP dated December 18, 2013 on providing instructions on the
implementation of several articles of the Law on Value-added Tax;
Pursuant to the Decree No. 91/2014/ND-CP dated
October 1, 2014 on amendments and supplements to several articles of Decrees on
Taxation;
Pursuant to the Government’s Decree No.
08/2015/ND-CP dated January 21, 2015 on providing specific provisions and
measures to implement the Law on Customs in terms of customs procedures,
regulations on customs inspection, supervision and control;
Pursuant to the Decree No. 12/2015/ND-CP dated
February 12, 2015 on providing specific provisions on implementation of the Law
on Amendment and Supplement to several articles of the Law on Taxation and
Amendment and Supplement to several articles of Decrees on Taxation;
After considering the request of the Minister of
Finance,
The Prime Minister hereby promulgates the
Decision on allowance of baggage, movables, gifts, donations and sample goods
that qualify for tax exemption, tax exemption consideration and non-taxable
status.
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GENERAL PROVISIONS
Article 1. Scope of application
1. This Decision specifies allowance of baggage
carried by passengers that enter into Vietnam through border checkpoints by
showing passports, entry and exit documents issued by Vietnamese competent
authorities, or passports and international travel documents issued by foreign
competent authorities; allowance of imported movables; allowance of gifts,
donations and sample goods issued by overseas organizations or individuals to
Vietnamese ones and vice versa.
2. This Decision shall not apply to the followings:
a) Temporary import, re-export, elimination,
assignment of motor vehicles and motorbikes of entities eligible for diplomatic
immunities and privileges in Vietnam;
b) Temporary import, import or purchase of
tax-exempt goods in Vietnam, and export, re-export, disposition and elimination
of necessary items for work and daily life of diplomatic missions, diplomatic
posts and representative offices of international organizations eligible for
the privileges and immunities in Vietnam;
c) Movables of foreign experts engaged in ODA
programs and projects in Vietnam.
Article 2. Applicable entities
1. Tax-exempt baggage: Arriving passengers.
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a) Overseas people sent to Vietnam for work or
official tasks;
b) Vietnamese organizations or civilians coming
back to Vietnam after terminating their work or term in office from abroad;
c) Vietnamese expatriates permitted to obtain their
permanent residence registration in Vietnam;
d) Vietnamese expatriates being intellects,
experts, skilled workers returning to Vietnam to work for more than one year at
the invitation of Vietnam’s government agencies.
3. Gifts, donations and sample goods: Vietnamese
citizens (except for Vietnamese people residing in overseas countries).
4. Customs authorities, customs officers and other
government agencies performing their assigned functions and duties to manage
baggage and commodities being movables, gifts, donations and sample products.
Chapter II
PROVISIONS ON ALLOWANCE
Article 3. Arriving passenger's baggage
allowance
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1. Liquors, alcoholic beverages
a) Liquors containing more than 22% alcohol by
volume: 1.5 liters;
b) Liquor containing below 22% alcohol: 2.0 liters;
c) Alcoholic beverages, beers: 3.0 liters
If arriving passengers carry liquors contained in
entire bottles, kegs, jars or cans (hereinafter referred to as bottle) of which
the volume is allowed to exceed the volume allowance stated in Point a, b and c
of this Clause but the excess volume is restricted to 01 (one) liter, the
entire bottle of each one shall be eligible for tax exemption. However, if the
excess volume is greater than 01 (one) liter, it shall be taxed in accordance
with legal regulations.
2. Tobacco products
a) Cigarettes: 200 tubes;
b) Cigars: 100 tubes;
c) Cut tobacco: 500 grams
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3. The allowance stipulated in Clause 1, 2 of this
Article shall not be applicable to persons under 18 years of age.
4. With regard to personal items, their quantity
and type must be relevant to the journey purpose.
5. As for other items that fall outside of the list
of goods stipulated in Clause 1, 2 and 4 of this Article (also outside of the
list of goods subject to import ban, temporary import suspension or conditional
import), their total value is not allowed to exceed VND 10,000,000 (ten million
Vietnam dong).
6. Regular inbound passengers in accordance with
Clause 5 Article 58 of the Government’s Decree No. 08/2015/ND-CP dated January
21, 2015 on providing specific provisions and measures to implement the Law on
Customs on procedures for customs clearance, inspection, supervision and
control shall not be entitled to tax exemption per each entry of their baggage
carried within the allowance stipulated in Clause 1, 2, 3 and 5 of this
Article, but they shall be entitled to 01 (one) tax exemption per 90-day entry
of their baggage carried within the stipulated allowance.
Article 4. Tax-exempt allowance of movables
1. As for movables (such as used or brand-new
personal items used for work and daily life activities, exclusive of motor
vehicles and motorbikes) of individuals stipulated in Clause 2 Article 2
hereof, stated allowance of each of these ones that qualify for import duty,
excise duty and value-added tax exemption shall be 01 (one) item or set.
2. As for movables (such as used or brand-new
personal items used for work and daily life activities, except for motor
vehicles and motorbikes) of organizations stipulated in Point b Clause 2
Article 2 hereof, stated allowance of each of these ones that qualify for
import duty, excise duty and value-added tax exemption shall be 01 (one) item
or set.
3. As for used motor vehicles and motorbikes of
individuals stipulated in Point c Clause 2 Article 2 hereof and conforming to
specified requirements and technical standards to be imported into Vietnam in
accordance with legal regulations, 01 (one) motor vehicle or 01 (one) motorbike
shall be exempted from import duty, but subject to excise duty and value-added
tax in accordance with legal regulations.
4. As for used or brand-new motor vehicles of
individuals stipulated in Point d Clause 2 Article 2 hereof which are imported
to use during the period of work in Vietnam, 01 (one) motor vehicle shall be
eligible for import duty, excise duty and value-added tax exemption.
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If motor vehicle owners, after ending their work
term in Vietnam, wish to transfer their motor vehicles to other organizations
or individuals in Vietnam, they have to pay their tax liabilities and comply
with legal regulations on used motor vehicles.
In the event that they wish to leave their motor
vehicles for the next work term, they are required to apply for approval granted
by Vietnam's government agencies that have invited them to return to work.
Article 5. Tax-exempt allowance of gifts and
donations
1. Gifts and donations that qualify for tax
exemption as stipulated in this Article are those that fall outside of the list
of goods subject to import and export ban and temporary suspension as well as
the list of excisabe goods (exclusive of those serving the purpose of security
and national defence) in accordance with laws.
2. Gifts and donations given by foreign organizations
or individuals to Vietnamese individuals, and those given by Vietnamese
organizations or individuals to foreign individuals that have the value of less
than VND 2,000,000 (two million Vietnam dong), or more than VND 2,000,000 (two
million Vietnam dong), but on which total amount of tax liability is less than
VND 200,000 (two hundred thousand Vietnam dong), shall be exempted from export
and import duty as well as value-added tax.
3. Gifts and donations given by foreign
organizations or individuals to Vietnamese organizations, and those given by
Vietnamese organizations or individuals to foreign organizations with the value
of less than VND 30,000,000 (thirty million Vietnam dong) shall be entitled to
export, import exemption consideration and exempted from value-added tax. As
for gifts or donations exceeding the permitted amount of VND 30,000,000 (thirty
million Vietnam dong), they shall be exempt from import duty, excise tax and
VAT levied on all of their shipment under the following circumstances:
a) Consignee is permitted to receive such gifts and
donations being public administrative agencies, socio-political organizations,
political – social – professional organizations for use by competent
authorities;
b) Goods are gifts or donations serving the charity
and humanitarian purposes.
4. If gifts and donations stipulated in Clause 2, 3
of this Article fall within the list of excisable goods for the security and
national defence purposes, they shall qualify for export, import duty and shall
be exempt from excise value-added tax.
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6. Tax exemption in accordance with Clause 3, 4 and
5 of this Article shall not apply if organizations or individuals frequently
receive one or certain good(s).
Article 6. Allowance of sample products of
organizations or individuals
1. Goods being sample products of Vietnamese
organizations or individuals consigned to overseas individuals, and those
consigned by overseas organizations or individuals to Vietnamese individuals
with the value of less than VND 1,000,000 (one million Vietnam dong) or more
than VND 1,000,000 (one million Vietnam dong), but with total tax liability sum
of less than VND 100,000 (one hundred thousand Vietnam dong), shall be exempt
from customs duty.
2. Goods being sample products of Vietnamese
organizations or individuals consigned to overseas individuals, and those
consigned by overseas organizations or individuals to Vietnamese organizations
with the value of less than VND 30,000,000 (thirty million Vietnam dong) shall
be entitled to customs duty exemption consideration.
3. Goods being sample products stipulated in Clause
1, 2 of this Article and falling outside of the list of goods subjected to
export and import ban, temporary export and import suspension shall be
tax-exempt.
Article 7. Imports or exports in excess of
allowance of baggage, movables, gifts, donations and sample goods
Organizations, individuals stipulated in Clause 1,
2, 3 and Clause 4 Article 2 hereof shall be permitted for import or export of
goods in excess of tax-exempt and exemption consideration allowance stipulated
in Article 3, 4, 5 and 6 hereof with the following conditions:
1. Goods must meet legal regulations on goods
export and import policies at the export and import time.
2. All taxes on goods in excess of the stated
allowance must be paid in accordance with legal regulations.
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IMPLEMENTATION
Article 8. Responsibilities of related
governmental organs
1. The Ministry of Finance shall preside over and
collaborate with Ministries and related agencies charged with:
a) Providing instructions on completing the
procedure for customs clearance, inspection and supervision as well as customs
administration of goods being movables and baggage of inbound passengers as
stipulated in Article 3 and 4 hereof;
b) Providing instructions on implementing the
customs procedure and customs administration for import, transfer and reexport
of motor vehicles and motorbikes in accordance with Clause 3, 4 Article 4
hereof;
c) Providing instructions on implementing the
customs procedure and administration and tax exemption consideration for gifts,
donations and sample goods stipulated in Article 5 and 6 hereof;
d) Directing and making the aggregate report on implementation
of this Decision, and show their initiative in dealing with any difficulty, as
well as report to the Prime Minister to deal with any issues beyond their
competence.
2. The Ministry of Foreign Affairs, the Ministry of
Public Security, the Ministry of National Defense, the Ministry of Health, and
the Ministry of Transport, shall be responsible for collaborating with the
Ministry of Finance in directing and organizing the implementation of this Decision.
Article 9. Effect
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Article 10. Ministers, Heads of
Ministry-level agencies, Heads of Government agencies, the President of the
People’s Committee of centrally-affiliated cities and provinces, and Heads of
related agencies, shall be responsible for this Decision.
THE PRIME
MINISTER
Nguyen Tan Dung