14:59 | 08/11/2024

What are imported goods with the Code H11 in Vietnam?

What are imported goods with the Code H11 in Vietnam? When is the time for calculating export and import duties?

What are imported goods with the Code H11 in Vietnam?

According to Section II (Code of Import Types) of the Table of Codes and Usage Instructions issued with Decision No. 1357/QD-TCHQ, there are specific regulations for Code 11 as follows:

Code Combined Declaration Name Usage Instructions
H11   Other Imported Goods To be used in the cases of:

a) Gifts from foreign organizations or individuals sent to organizations or individuals in Vietnam;

b) Goods of diplomatic missions, international organizations in Vietnam, and those working at these agencies, organizations (excluding cars, motorcycles using code G14);

c) Goods are relocating assets of organizations or individuals;

d) Humanitarian aid goods, non-refundable aids;

đ) Samples;

e) Personal belongings of people entering the country sent under a bill of lading;

g) Goods carried by entering individuals exceeding tax-free limits;

h) Imported goods of foreign traders allowed to do business at border markets;

i) Other goods not listed above.

Are gifts from foreign organizations or individuals sent to organizations or individuals in Vietnam subject to export or import duties?

According to Article 8 of Decree 134/2016/ND-CP, as amended by Clause 3, Article 1 of Decree 18/2021/ND-CP, it is specified as follows:

Tax Exemption for Gifts

...

  1. Tax exemption thresholds:

a) Gifts from foreign organizations or individuals to Vietnamese organizations or individuals; gifts from Vietnamese organizations or individuals to foreign organizations or individuals with a customs value not exceeding 2,000,000 VND or having a customs value over 2,000,000 VND but total tax payable is under 200,000 VND are tax-exempt up to 04 times a year.

b) For gifts from foreign organizations or individuals to Vietnamese organizations guaranteed by the state budget as specified by budgetary laws and approved for receipt by the competent authority, or humanitarian, charitable gifts, the entire value is tax-exempt up to 04 times a year.

c) Gifts from foreign organizations or individuals to Vietnamese individuals that are medicines or medical equipment for patients suffering from diseases listed in Appendix IV of this Decree have a customs value not exceeding 10,000,000 VND, and are tax-exempt up to 4 times a year.

...

Accordingly, gifts from Vietnamese organizations or individuals to foreign organizations or individuals are exempted from export and import duties up to 04 times a year, provided those gifts have a customs value not exceeding 2,000,000 VND or have a customs value above 2,000,000 VND but the total tax payable is below 200,000 VND.

When is the time for calculating export and import duties in Vietnam?

According to Clause 2, Article 8 of the Law on Export and Import Duties 2016, it is specified as follows:

- The time for calculating export and import duties is when the customs declaration is registered.

- For goods that are exempt from tax, export and import tax, or are applied preferential tax rates, quotas for import within tariff quotas but are changed regarding the exemption of tax, application of preferential tax rates, or quotas for import within tariff quotas according to law, the time for calculating duties is when a new customs declaration is registered.

- The time for registering customs declaration shall comply with the regulations of laws on customs.

For which types of imported goods is the Code LH H11 used?

What are imported goods with the Code H11 in Vietnam? (Image from the Internet)

What are the regulations on the time limit for paying export and import duties in Vietnam?

According to Article 9 of the Law on Export and Import Duties 2016, it is specified as follows:

- Exported and imported goods subject to duties must be paid before customs clearance or goods release according to the provisions of the Law on Customs, except as provided in Clause 2 of this Article.

- In cases where the payable tax amount is guaranteed by a credit institution, customs clearance or good release may be granted. However, interest on late payment must be paid in accordance with the Law on Tax Administration from the date of customs clearance or goods release to the date of tax payment. The maximum guarantee period is 30 days from the date of customs declaration registration.

- In cases where the tax has been guaranteed by a credit institution, but the guarantee period has expired without the taxpayer having paid the tax and interest on late payment, the guarantor institution must fulfill the tax and interest payment on the taxpayer's behalf.

- Taxpayers eligible for priority policies according to the regulations of the Law on Customs may defer tax payment for customs declarations already cleared or goods released during a month no later than the tenth day of the following month. If this deadline is missed, the taxpayer must pay the full tax debt amount and interest on late payment as prescribed by the Law on Tax Administration.

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