What are procedures for e-customs guarantee for imports and exports in Vietnam?

What is e-customs guarantee for imports and exports in Vietnam?

Pursuant to Article 2 of Circular 184/2015/TT-BTC, the explanation of e-customs guarantee for imports and exports is as follows:

Definition of terms

In this Circular, the following terms are understood as follows:

1. “e-customs guarantee”: is a form of issuing a tax guarantee letter by the bank through the method of transmitting tax guarantee message data via the customs e-payment gateway.

2. “Customs e-payment gateway”: is a system connecting, exchanging, matching, and providing e-information to serve the tax, fee, and e-customs guarantee collection work between the customs office, the State Treasury, banks, and management agencies implementing the connection via a national single window.

3. “National single window portal”: is a system integrating connection and e-information exchange between customs and management agencies, implementing a national single window to serve the licensing for export, import, transit goods and clearance of vehicles.

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e-customs guarantee is the tax guarantee for export and import goods by e-means, a form of issuing a tax guarantee letter by the bank through the method of transmitting tax guarantee message data via the customs e-payment gateway.

What are procedures for e-customs guarantee for imports and exports in Vietnam? (Image from the Internet)

What are procedures for e-customs guarantee for imports and exports in Vietnam?

According to Clause 1, Article 22 of Circular 184/2015/TT-BTC, the form of implementation for e-customs guarantee is regulated as follows:

Steps to implement tax guarantee by e-means

1. Regulations on form, conditions, procedures for tax guarantee for export and import goods are implemented in accordance with Article 43, Circular 38/2015/TT-BTC dated March 25, 2015, of the Ministry of Finance stipulating customs procedures; customs inspection and supervision; export tax, import tax, and tax management for export and import goods.

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Referencing Article 43 of Circular 38/2015/TT-BTC stipulating the guarantee of payable tax amount as follows:

Guarantee of payable tax amount

1. The guarantee of payable tax amount is realized in one of two forms: individual guarantee or collective guarantee.

a) Individual guarantee is when a credit institution operating under the Law on Credit Institutions commits to fully guarantee the obligation to pay the tax amount for one customs declaration of export, import goods. In cases where the credit institution has guaranteed but the guarantee period expires, and the taxpayer has not paid the tax and late payment (if any), the guaranteeing institution is responsible for paying the full tax amount, late payment instead of the taxpayer as prescribed in Clause 11, Article 1 of the Law amending, supplementing a number of articles of the Law on Tax Management No. 21/2012/QH13; Clause 2, Article 114 of the Law on Tax Management;

b) Collective guarantee is when a credit institution operating under the Law on Credit Institutions commits to fully guarantee the obligation to pay the tax amount for two customs declarations of export, import goods or more at one or multiple Customs Sub-departments. Collective guarantee is deducted forwards, and the guarantee limit is restored corresponding to the tax amount paid.

In cases where the credit institution has guaranteed but the guarantee period for each declaration expires and the taxpayer has not paid the tax and late payment (if any), the guaranteeing credit institution is responsible for paying the full tax amount, late payment instead of the taxpayer as prescribed in Clause 11, Article 1 of the Law amending, supplementing a number of articles of the Law on Tax Management No. 21/2012/QH13; Clause 2, Article 114 of the Law on Tax Management.

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The e-customs guarantee is implemented in two forms: individual guarantee and collective guarantee. Specifically:

- Individual guarantee is when a credit institution operating under the Law on Credit Institutions commits to fully guarantee the obligation to pay the tax amount for one customs declaration of export and import goods. In cases where the credit institution has guaranteed but the guarantee period expires, and the taxpayer has not paid the tax and late payment (if any), the guarantee-receiving institution is responsible for paying the full tax amount, late payment in place of the taxpayer.

- Collective guarantee is when a credit institution operating under the Law on Credit Institutions commits to fully guarantee the obligation to pay the tax amount for two or more customs declarations of export and import goods at one or multiple Customs Sub-departments. Collective guarantee is deducted forwards, and the guarantee limit is restored corresponding to the tax amount paid.

Are e-documents considered accounting documents in Vietnam?

Based on Clause 1, Article 17 of the Accounting Law 2015, e-documents are stipulated as follows:

e-document

1. An e-document is considered an accounting document when it contains the information specified in Article 16 of this Law and is represented in the form of e-data, encrypted and not altered during transmission through a computer network, telecommunications network, or on storage media such as magnetic tapes, magnetic disks, different types of payment cards.

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An e-document is considered an accounting document when it meets the following conditions:

- Contains the following content:

+ Name and number of the accounting document;

+ Date of preparation of the accounting document;

+ Name, address of the agency, organization, unit, or individual preparing the accounting document;

+ Name, address of the agency, organization, unit, or individual receiving the accounting document;

+ Description of economic and financial transactions arising;

+ Quantity, unit price, and amount of economic and financial transactions in numbers; the total amount of the accounting document used for collection and payment in both numbers and words;

+ Signatures, names, and titles of the preparer, the approver, and those related to the accounting document.

- Represented in the form of e-data, encrypted and unaltered during transmission through a computer network, telecommunications network, or on storage media such as magnetic tapes, magnetic disks, different types of payment cards.