Is import duty applicable for printed advertisements for a new cosmetic product in Vietnam?
Is import duty applicable for printed advertisements for a new cosmetic product in Vietnam?
Based on Article 27 of Decree 134/2016/ND-CP, non-commercial goods are exempt from import duty in the following cases:
import duty exemption for non-commercial goods
Non-commercial goods are exempt from import duty in the following cases:
- Samples, images of samples, films of samples, model replacements for samples with a customs value not exceeding 50,000 Vietnamese dong or processed to prevent sale or use, solely for sampling purposes.
- Advertising materials classified in Chapter 49 of the Vietnam Export and Import Classification, including: brochures, trade catalogs, yearbooks, advertising documents, tourism posters used for advertising, publicizing or advertising a product or service and provided free of charge are exempt from import duty under Clause 10 Article 16 of the Law on Export and import duty, on the condition that each shipment only consists of one type of publication and the total weight does not exceed 1 kg; in cases where a shipment contains different types of publications, each type consists of a single copy or the total weight of publications does not exceed 1 kg.
- The procedures and documentation for tax exemption are implemented as stipulated in Article 31 of this Decree.
Therefore, in this case, the distribution agent will be exempt from import duty for advertising publications, including trade catalogs and advertising documents under the condition that each shipment only consists of one type of publication and the total weight does not exceed 1 kg. If a shipment contains different types of publications, each type consists of a single copy or the total weight of publications does not exceed 1 kg.
Is import duty applicable for printed advertisements for a new cosmetic product in Vietnam? (Image from the Internet)
Vietnam: What does the application for import duty exemption for printed advertisements for a new cosmetic product include?
According to Clause 3, Article 27 of Decree 134/2016/ND-CP, the application for import duty exemption for non-commercial goods is implemented as stipulated in Clause 1, Article 31 of Decree 134/2016/ND-CP.
Referring to Clause 1, Article 31 of Decree 134/2016/ND-CP, it is regulated that the tax exemption documents include customs documentation as stipulated in the Customs Law 2014 and its guiding documents.
According to Clause 1, Article 24 of the Customs Law 2014, the customs documentation includes:
- Customs declaration or equivalent documents.
- Relevant documents.
Depending on each case, the customs declarant must submit or present sale contracts, commercial invoices, transport documents, certificates of origin, export and import licenses, notification of inspection results or exemption from specialized inspection, and other documents related to goods as prescribed by relevant law.
What is the procedure for import duty exemption for printed advertisements for a new cosmetic product in Vietnam?
The procedure for import duty exemption for printed advertisements for a new cosmetic product is implemented as regulated in Clause 3, Article 31 of Decree 134/2016/ND-CP (Point C, Clause 3 of this Article is amended by Clause 14, Article 1 of Decree 18/2021/ND-CP).
Step 01: The taxpayer autonomously determines and declares the goods and tax amount to be exempted (except for the declaration of the tax amount to be paid for export, import goods for processing provided by the processing taxpayer) on the customs declaration when conducting customs procedures, taking legal responsibility for the contents declared.
Step 02: The customs office where the customs procedure is carried out references the tax exemption documentation, compares it with the current regulations to execute the tax exemption as stipulated.
In cases where the imported goods are found not to qualify for tax exemption as declared, taxes will be collected and violations penalized (if any), in accordance with the regulations.
Step 03: The electronic data processing system automatically deducts the quantity of exported or imported goods corresponding to the quantity of goods on the Tax Exemption List.
When notifying the paper Tax Exemption List, the customs office updates and deducts the quantity of exported or imported goods corresponding to the quantity of goods on the Tax Exemption List.
In cases of tax-exempt importation of goods as a set or production line, taxpayers must carry out customs procedures at the customs office where the machinery and equipment are installed.
+ At the time of registration of the customs declaration, the taxpayer declares in detail the goods on the customs declaration.
+ If detailed declaration on the customs declaration is not possible, the taxpayer prepares a detailed list of imported goods according to the information criteria specified in Form No. 04 Appendix VIIa issued together with Decree 18/2021/ND-CP through the electronic data processing system or according to Form No. 15 Appendix VII issued together with Decree 18/2021/ND-CP and attach the customs declaration.
+ Within 15 days from the conclusion of importation of the final shipment of each set or production line, the taxpayer is responsible for notifying the customs office where the Tax Exemption List is notified according to the information criteria specified in Form No. 05 Appendix VIIa issued together with Decree 18/2021/ND-CP through the electronic data processing system or according to Form No. 16 Appendix VII issued together with Decree 18/2021/ND-CP.
