THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
64/2005/QD-BTC
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Hanoi,
September 15, 2005
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DECISION
PROVIDING THE REGIME OF COLLECTION, PAYMENT, MANAGEMENT AND USE
OF CUSTOMS CHARGES AND FEES
THE MINISTER OF FINANCE
Pursuant to the Government’s
Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the
Ordinance on Charges and Fees;
Pursuant to the Government’s Decree No. 101/2001/ND-CP of December 31, 2001,
detailing the implementation of a number of articles of the Customs Law
regarding customs procedures and customs inspection and supervision regime;
Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining
the functions, tasks, powers and organizational structure of the Ministry of
Finance;
At the proposal of the director of the Tax Policy Department,
DECIDES:
Article 1.-
To promulgate together with this Decision a Table of customs charge and fee
rates.
Article 2.-
Charge and fee payers are organizations and individuals (including Vietnamese
and foreign organizations and individuals) for whom customs authorities carry
out customs jobs involving the collection of charges and/or fees specified in
the Table of charge and fee rates, promulgated together with this Decision
(except for the cases defined in Article 3 of this Decision).
Article 3.-
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a/ Humanitarian or
non-refundable aids; gifts to state agencies, political organizations,
socio-political organizations, social organizations, socio-professional
organizations, people’s armed force units, and gifts to individuals within the
limits not liable to income tax on high-income earners; belongings and chattels
of foreign organizations and individuals under diplomatic immunity regulations;
hand luggage;
b/ Goods going through customs
procedures and being kept in customs warehouses for customs clearance the next
day;
c/ Goods imported or exported on
the spot;
d/ Escort of seagoing vessels
and goods and/or luggage transported by seagoing vessels from buoy “zero” to a
seaport area or vice versa.
2. The customs clearance fees
defined at Point 1, Section I of the Table on customs charge and fee rates
promulgated together with this Decision, shall not be collected on export
goods.
3. For goods processed for
foreign parties; goods being stone, sand, gravel, fertilizers, pesticides,
herbicides, petrol and oil, gypsum and ores of all kinds, they shall, when
imported into Vietnam, be subject to a customs clearance fee rate equal to 50%
of the rate specified at Point 1, Section I of the Table of customs charge and
fee rates promulgated together with this Decision.
Article 4.-
Provincial/municipal Customs Departments; border-gate Customs Departments,
customs control teams and equivalent units under provincial, inter-provincial
or municipal Customs Departments shall have to organize the collection of
customs charges and fees according to the provisions of this Circular
(collectively referred to as charge- and fee-collecting agencies).
Article 5.-
Customs charges and fees constitute a State budget revenue source and shall be
managed and used as follows:
1. Charge- and fee-collecting
agencies shall be entitled to deduct 90% (ninety percents) of the total
collected customs charge and fee amount to cover expenses for charge and fee
collection, specifically:
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b/ Other expenses directly
related to the charge and fee collection, such as overtime payments, working
trip allowances for escort of goods;
c/ Expenses for rewards and
welfare for officials and public employees who directly collect charges and
fees, which shall be paid on the principle that each person shall receive an
average amount not exceeding 3 (three) months’ paid wage amount, if the
collected amount of the current year is higher than that of the preceding year,
or equal to 2 (two) months’ paid amount, if the collected amount of the current
year is lower than or equal to that of the preceding year.
2. Charge- and fee-collecting
agencies shall be entitled to open “charge and fee custody” accounts at the
state treasuries in the localities where charges and fees are collected for the
monitoring and management of charge and fee money. Based on the charge and fee
collection situation (the collected charge and fee amount, the distance between
the fee-collection venue and the state treasury, etc.) charge- and
fee-collecting agencies shall, daily or weekly, deposit the charge and fee
amounts collected in the period into custody accounts and have to organize
separate accounting of this revenue in accordance with non-business
administrative accounting regime. After having been settled according to the
prescribed regime, the unspent charge and fee amount shall be carried forward
to the subsequent year for further spending under regulations. The charge and
fee amount left for charge- and fee-collecting agencies according to the
provisions of Point 1 of this Article shall not be reflected in the state
budget.
3. Charge- and fee-collecting agencies
shall have to declare, remit and settle the remaining charge and fee amount
(10%) into the state budget according to corresponding chapters, types,
clauses, items and sub-items of the current state budget index.
Article 6.-
1. This
Decision takes effect 15 days after its publication in “CONG BAO.” To annul
Joint Circular No. 71/2000/TTLT/BTC-TCHQ of July 19, 2000, of the Ministry of
Finance and the General Department of Customs, guiding the regime of
collection, payment, management of the use of customs fees.
2. Other matters related to the
collection, payment, management and use of customs charges and fees not
mentioned in this Decision shall comply with the guidance in the Finance
Ministry’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the
implementation of the provisions of charge and fee law.
Article 7.-
Organizations and individuals being charge and fee payers, charge- and
fee-collecting agencies and relevant agencies shall have to implement this
Decision.
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FOR THE MINISTER OF
FINANCE
VICE MINISTER
Truong Chi Trung
TABLE
OF CUSTOMS CHARGE AND FEE RATES
(Issued together with the Finance Minister’s Decision No. 64/2005/QD-BTC of
September 15, 2005)
I. CHARGE AND
FEE RATES
1. Customs clearance fees
Ordinal
number
Kinds
of goods
Calculation unit
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I
Common goods
1
Goods transported by ship
or barge (bulky goods, goods of different kinds in bags, cans, barrels, tubs
or tanks)
a/
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Ton
10,000
- Fee rate for the second ton
on
Ton
600
b/
Goods transported by ship
(goods of the same kind) and fee rate per ton
Ton
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Maximum fee rate for customs
clearance for:
- Ships of a tonnage of under
10,000 GT (Gross registered tonnage)
Ship
Not
exceeding 2,000,000
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Ship
Not
exceeding 4,000,000
- Ships of a tonnage of
between 20,000 GT and under 70,000 GT
Ship
Not
exceeding 5,000,000
- Ships of a tonnage of 70,000
GT or more
Ship
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2
a/
Goods transported by truck
Ton
4,000
b/
Goods transported by train
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1,500
3
Postal matters, postal
parcels
a/
Of between 5 kg and under 20
kg
Time
7,000
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Of between 20 kg and 50 kg
Time
10,000
c/
Of over 50 kg, for every extra
10 kg a surcharge shall be collected
10
kg
500
d/
Of 1 ton or more, a surcharge
shall be collected
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3,000
II
1
Goods in 20-feet containers
Container
30,000
2
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Container
60,000
III
Goods being assorted automobiles and motorcycles
1
Assorted automobiles
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a/
Automobiles in complete units
Automobile
18,000
b/
Automobile components in
complete sets
Set
20,000
2
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Unit
or Set
6,000
2. Customs escort fees
Ordinal
number
Kinds of
goods
Calculation
unit
Fee rate
(VND)
1
By truck
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Under 100 km
Unit
48,000
b/
Between 100 km and 150 km
Unit
96,000
c/
From over 150 km, a surcharge shall be
collected for every extra 50 km
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30,000
2
By train
a/
Under 100 km
Carriage
42,000
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Between 100 km and 200 km
Carriage
96,000
c/
From over 200 km, a surcharge shall be
collected for every extra 50 km
Carriage
20,000
3
By ship
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a/
For ships of a tonnage of under 300 GT, the
fee rates for river-coastal barges (at Point 4 below) shall apply
b/
For ships of a tonnage of between 300 GT and
under 1,000 GT
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- Under 200 km
Unit
360,000
- Between 200 km and 300 km
Unit
720,000
- From over 300 km, a surcharge shall be
collected for every extra 50 km
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100,000
c/
For ships of a tonnage of 1,000 GT or more
- Under 200 km
Unit
600,000
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- Between 200 km and 300 km
Unit
1,200,000
- From over 300 km, a surcharge shall be
collected for every extra 50 km
Unit
150,000
4
By river-coastal barge
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a/
Under 200 km
Unit
240,000
b/
Between 200 km and 300 km
Unit
300,000
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From over 300 km, a surcharge shall be
collected for every extra 50 km
Unit
50,000
5
By canoe or boat
a/
Under 100 km
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60,000
b/
Between 100 km and under 150 km
Unit
120,000
c/
Between 150 km and 200 km
Unit
180,000
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From over 200 km
Unit
240,000
3. Fees for goods, luggage and means of
transport transiting Vietnam
Ordinal
number
Kind of
transport means - Distance
Calculation
unit
Fee rate
(VND)
1
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a/
Under 100 km
Unit
60,000
b/
From 100 km upward, a surcharge shall be
collected for every extra 50 km
Unit
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2
Train
a/
Under 100 km
Carriage
72,000
b/
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Carriage
36,000
3
Ship
a/
Of a tonnage of between 300 GT and under 1,000
GT
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- Under 100 km
Unit
120,000
- From 100 km upward, a surcharge shall be
collected for every extra 50 km
Unit
60,000
b/
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- Under 200 km
Unit
300,000
- From 200 km upward, a surcharge shall be
collected for every extra 50 km
Unit
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c/
Of a tonnage of between 3,000 GT and 5,000 GT
- Under 200 km
Unit
720,000
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Unit
120,000
d/
For ships of a tonnage of over 5,000 GT
- Under 200 km
Unit
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- From 200 km upward, a surcharge shall be
collected for every extra 50 km
Unit
240,000
4. Customs warehousing charges
Ordinal
number
Kinds of
goods
Calculation
unit (day and night)
Charge rate
(VND)
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Assorted automobiles
a/
Trucks of a tonnage of 2 tons or more,
passenger cars with 15 seats or more
Unit
25,000
b/
Trucks of a tonnage of under 2 tons, cars,
tourist cars with 14 seats or less
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15,000
2
Motorcycles
Unit
5,000
3
Computers, fax machines, photocopiers
Unit
5,000
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Air-conditioners, radio receivers, cassette
recorders, communication machines, television sets, videotape recorders
Unit
2,500
5
Gold
Tael (37.5 gr)
3,500
6
Gems
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5,000
7
Other goods
a/
Small postal parcels of under 20 kg
Parcel
1,000
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Small postal parcels of between 20 kg and 100
kg
Parcel
2,000
c/
Goods parcels of between over 100 kg and 1,000
kg
Parcel
2,500
d/
Goods parcels of over 1,000 kg
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5,000
6. Sealing charges
Ordinal
number
Forms of
sealing
Calculation
unit
Charge rate
(VND)
1
Paper sealing
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a/
Using less than 10 sealing papers
Per sealing
5,000
b/
Using from 10 to less than 20 sealing papers
Per sealing
10,000
c/
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Per sealing
20,000
d/
Using more than 50 sealing papers
Per sealing
30,000
2
Lead sealing
Per sealing
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3
Bolt sealing
Per sealing
12,000
II.
PRINCIPLES FOR COLLECTION OF CHARGES AND FEES
1. For warehousing charges: In
cases where the charge amount is equal to or exceeds the value of goods and/or
luggage, a charge level equal to 30% of the value of goods and/or luggage
subject to such charges shall apply.
2. For goods temporarily
imported for re-export or temporarily exported for re-import, customs clearance
fees shall be collected only once at the time the import procedures are carried
out.
3. Measuring unit for goods
conversion to determine charge and fee rates: One cubic meter is equivalent to
one ton (1 m3 = 1 ton).
4. Charge and fee payers shall
have to declare the quantities of goods or means of transport requested for
customs clearance according to the provisions of customs law. Based on the
declarations and dossiers accompanying goods or means of transport subject to
customs clearance, the charge- and fee-collecting agencies shall have to
conduct inspection and notify charge and fee payers of the payable charge and
fee amounts according to the levels specified in this Decision with specific
deadlines as follows:
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b/ Customs escort fees must be
paid before the escort is effected by customs authorities;
c/ Fees for transit goods,
luggage or means of transport must be paid right at the time when relevant
customs procedures are carried out;
d/ Customs warehousing charges
must be paid before goods are ex-warehoused;
e/ Sealing charges must be paid
right after customs authorities complete the sealing work.
For subjects in the process of
pilot application of e-customs procedures, the charge and fee payment deadlines
shall comply with the Finance Ministry’s regulations on pilot application of
e-customs procedures to import and export goods.
5. Customs charges and fees
shall be collected in Vietnam dong.
In cases where customs charge
and fee payers wish to make payment in foreign currencies due to non-existence
of a foreign exchange transaction spot at the charge and fee collection venue,
such payment is allowed but the payable amount must be converted into Vietnam
dong at the average exchange rate in the inter-bank foreign exchange market,
announced by the State Bank of Vietnam at the time of collection of charges or
fees.-