Is payment of import and export duties required for goods temporarily imported within a specified period in Vietnam?

Is payment of import and export duties required for goods temporarily imported within a specified period in Vietnam? 

Pursuant to Clause 9, Article 16 of the Law on Export and Import duties 2016, the provisions are as follows:

duty Exemption

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9. Goods temporarily imported or temporarily exported for re-import within a specified period, including:

a) Goods temporarily imported, temporarily exported for re-import for organization or participation in fairs, exhibitions, product introductions, sports events, cultural, artistic events, or other events; machinery and equipment temporarily imported for testing, research, and product development; professional tools temporarily imported or temporarily exported for re-import for specific work purposes or processing for foreign traders, except for machinery, equipment, tools, transport vehicles of organizations, and individuals permitted temporary import to carry out investment projects, construction, installation of works, or production support;

b) Machinery, equipment, spare parts, and components temporarily imported for replacement, repair of foreign ships and airplanes or temporarily exported for replacement, repair of Vietnamese ships and airplanes abroad; goods temporarily imported to supply to foreign ships, airplanes docking at Vietnamese ports;

c) Goods temporarily imported or temporarily exported for re-import for warranty, repair, replacement;

d) Rotating means employed by temporary import or temporary export for re-import purposes for the storage of import-export goods;

e) goods temporarily imported within the temporary import, re-export time limit (including the extension period) that are guaranteed by a credit institution or have deposited an amount equivalent to the import duty of the temporarily imported and re-exported goods.

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Thus, import-export duties are exempted for goods temporarily imported within the specified period (including the extension period).

Is payment of import and export duties required for goods temporarily imported within a specified period in Vietnam?  (Image from the Internet)

What is the guarantee period for import-export duty exemption of goods temporarily imported when a credit institution guarantees it?

Pursuant to Article 4 of Decree 134/2016/ND-CP, the provisions are as follows:

- The duty payment period is stipulated in Article 9 of the Law on Export and Import duties 2016 applicable to export and import goods subject to duty as per the duty law.

- duty guarantees for export and import goods are executed in one of two forms: separate guarantee or general guarantee.

+ A separate guarantee is when a credit institution operating under the Law on Credit Institutions commits to guarantee the full performance of duty payment obligations for a customs declaration of export or import goods;

+ A general guarantee is when a credit institution operating under the Law on Credit Institutions commits to guarantee the full performance of duty payment obligations for two or more customs declarations of export or import goods at one or multiple Customs Sub-departments. General guarantees are deducted proportionately and restored according to the amount of duty already paid;

+ In cases where a credit institution provides separate or general guarantees but the guarantee period for each declaration expires and the dutypayer has not paid the duty and late payment interest (if any), the credit institution providing the guarantee is responsible for fully paying the duty and late payment interest to the state budget based on information from the customs electronic data processing system or the customs authority's notice;

+ The content of the guarantee letter, submission of the guarantee letter, and inspection, monitoring, and handling of guarantee letters are implemented according to the duty management law.

- In cases where deposit of import duty is used for goods temporarily imported within the temporary import, re-export period (including the extension period), the dutypayer must deposit an amount equivalent to the import duty of the temporarily imported goods into the customs authority's deposit account at the State Treasury.

Refund of deposits is executed as per the regulations for refunding overpaid duties, late payment interest, and fines as stipulated by the duty management law.

How to handle goods temporarily imported exceeding the retention period yet to be re-exported from Vietnam?

Pursuant to Article 4 of Decree 134/2016/ND-CP, the provisions are as follows:

- For goods temporarily imported but exceeding the retention period without being re-exported from Vietnam, the customs authority will transfer the deposit from the customs authority's deposit account into the state budget;

- In cases of guarantees, the credit institution is responsible for paying an amount equivalent to the import duty into the state budget based on information from the customs electronic data processing system or the customs authority's notice.