What are regulations on deadlines for paying tax imposed on exported and imported goods in Vietnam?

What are regulations on deadlines for paying tax imposed on exported and imported goods in Vietnam?

Based on Clause 6, Article 17 of Decree 126/2020/ND-CP stipulating the deadlines for paying tax imposed on exported and imported goods as follows:

- The deadline for paying imposed tax is pursuant to Clause 4, Article 55 of the Law on Tax Administration 2019;

- Exported or imported goods that are imposed for tax but the taxpayer has not declared in the customs declaration or has declared but the customs declaration is canceled under customs law; imported goods that have been processed, produced, and are no longer in their original condition as when first imported; imported goods that are tax-exempt or not subject to tax but are mortgaged or pledged as collateral for loans because the taxpayer is unable to repay debts being handled by credit institutions per legal regulations; imported goods that are seized for auction by the competent authority's decision, judicial decision; taxes must be paid upon imposion tax decision issuance date.

- In the case of imposing tax on imported goods for processing, production for export, goods not subject to tax, and other goods declared under various customs declarations but still in their original condition upon importation, and the customs authority cannot accurately identify the quantity of goods based on each customs declaration, the customs declaration used for applying the deadline for paying imposed tax is the last customs declaration, having the taxable goods in the inspection, audit period.

If the last customs declaration's taxable goods have a smaller quantity than the taxable quantity, the difference is calculated according to the deadline of the preceding similar import form's customs declaration with the taxed goods.

What are regulations on deadlines for paying tax imposed on exported and imported goods in Vietnam? (Image from the Internet)

What are procedures for imposing tax on exported and imported goods in Vietnam?

Based on Clause 5, Article 17 of Decree 126/2020/ND-CP stipulating the procedures for imposing tax on exported and imported goods as follows:

(1) Determine goods subject to tax imposion;

(2) Calculate the imposed tax:

The imposed tax amount is based on goods' name, quantity, type, code, origin, value, tax rate, exchange rate, and tax calculation method.

In the case of partial tax imposion within the same type of goods declared under various customs declarations, based on the first customs declarations imposing the tax, the imposed tax is the average tax calculated by the following formula:

In the case the first customs declaration's goods are not subject to tax, do not have tax data, or customs declaration canceled under legal regulations, the customs authority determines tax based on identical or similar stored goods' name, type, value, code, origin, tax rate, tax calculation method in the customs database.

The exchange rate for tax calculation is based on the exchange rate at the tax imposion decision issuance time.

(3) Identify the tax difference between the payable tax amount and the taxpayer's declared tax amount.

(4) Identify the tax payment deadline.

(5) Draft a report as a basis for tax imposion, except for:

When the taxpayer cannot self-assess the payable tax amount; the customs authority determines tax based on inspection, audit, competent authority's conclusions, which specifies the imposed tax amount; tax-exempt imported goods mortgaged for loans as per point m, clause 4, Article 17 of Decree 126/2020/ND-CP; imported goods, unfinished customs procedures, auctioned by court decisions per point 1, clause 4, Article 17 Decree 126/2020/ND-CP.

(6) Notify in writing to the taxpayer or authorized person, guarantor, or tax replace regarding the legal basis, tax imposion method, detailed tax amount per tax type, deadline, late payment interest, and fines.

If the customs authority determines tax based on a competent authority's conclusion per point h, clause 1, Article 52 of the Law on Tax Administration 2019, point n, clause 4, Article 17 of Decree 126/2020/ND-CP, the notification to the taxpayer must clearly state the imposion reason based on the conclusion, imposed tax amount, deadline.

If imposed tax is upon post-clearance audit, the reasons, legal basis, and deadline are clearly stated in the audit conclusion, no separate notification.

(8) Issue the tax imposion decision following Form No. 01/QDADT/TXNK in Appendix 3 of Decree 126/2020/ND-CP, sending to the taxpayer as per point k, clause 5, Article 17 Decree 126/2020/ND-CP. This decision must state the reason, legal basis, imposed tax amount, payment deadline, and late payment interest time.

If the tax imposion decision is incomplete or incorrect, the customs authority issues an amended, supplemented decision following Form No. 01/QDADT/TXNK in Appendix 3 of Decree 126/2020/ND-CP.

If the issued tax imposion decision is unlawful, the customs authority issues a cancellation decision following Form No. 02/QDHADT/TXNK in Appendix 3 of Decree 126/2020/ND-CP.

Any overpaid tax, late payment interest, or fines due to the amended, supplemented, or canceled imposion decision, the customs authority refunds to the taxpayer per Article 60 of the Law on Tax Administration 2019.

(9) Notify the reasons for tax imposion, the imposion decision, amended, supplemented, and cancellation decisions to the entities per point e, clause 5, Article 17 of Decree 126/2020/ND-CP within 8 working hours from issuance.

What are cases of tax imposion for exported and imported goods in Vietnam?

Based on Clause 1, Article 52 of the Law on Tax Administration 2019, the customs authority determines tax on exported and imported goods in the following instances:

- The taxpayer uses unlawful documents to declare, calculate tax; does not declare, or inaccurately, incompletely declares tax-related information;

- Past the deadline, the taxpayer does not provide, refuses, delays, or extends the provision of records, accounting books, documents, data related to the accurate tax imposion;

- The taxpayer does not prove, explain, or cannot explain within the deadline tax-related contents per legal regulations; does not comply with customs inspections, audits;

- The taxpayer does not accurately reflect, reflect insufficiently, honestly, or correctly the data on the accounting books to determine the tax obligations;

- The customs authority has sufficient proof of incorrect declared transaction value;

- Transactions are executed contrary to economic substance, actual occurrence, affecting the payable tax amount;

- The taxpayer cannot self-assess the payable tax amount;

- Other cases where the customs authority or other authority finds incorrect taxation or calculation contrary to legal regulations.