What are the regulations on granting tax payment guarantee in Vietnam?

What are the regulations on granting tax payment guarantee in Vietnam?

According to Section 3 of Official Dispatch 12167/BTC-TCHQ in 2016:

3. Tax payment guarantee

Tax payment guarantees are granted according to the provisions at Article 9 and Point d, Clause 9, Article 16 of the Export and Import Duty Law 2016. The guarantee procedures are implemented according to the provisions of Circular 38/TT-BTC and guidelines of the Ministry of Finance.

Thus, the tax payment guarantee will be granted as follows:

- Exports and imports subject to tax must pay tax before customs clearance or release of goods according to the provisions of the Customs Law 2014, except for the cases specified in Clause 2, Article 9 of the Export and Import Duty Law 2016.

In case the payable tax amount is guaranteed by a credit institution, customs clearance or release of goods is granted, but late payment interest must be paid as stipulated by the Tax Administration Law 2019 from the date of customs clearance or release of goods until the date of tax payment. The maximum guarantee period is 30 days from the date of customs declaration registration.

If the taxpayer with a tax payment guarantee granted by a credit institution fails to pay the tax and late payment interest by the end of the guarantee period, the guarantor must pay the full tax and late payment interest on behalf of the taxpayer.

- Taxpayers granted preferential treatment policies under the provisions of the Customs Law 2014 must pay tax for customs declarations already cleared or released in the month, no later than the tenth of the following month. If this deadline is missed, the taxpayer must pay the full tax arrears and late payment interest as per the Tax Administration Law 2019.

- Exemption from tax on goods temporarily imported for re-export within the temporary import and re-export period (including any extensions) if guaranteed by a credit institution or a deposit equivalent to the import tax amount of the goods temporarily imported for re-export.

What are the regulations on granting tax payment guarantee in Vietnam? (Image from the Internet)

Can the credit institution granting a guarantee for the customs declarant's tax payment have access to the customs electronic data processing system in Vietnam?

According to Clause 3, Article 6 of Circular 38/2015/TT-BTC:

customs electronic data processing system (e-customs system)

1. Customs authorities are responsible for development, management, operation, and use of the e-customs system.

2. Other organizations and individuals, within the area of their competence, are responsible for providing, exchanging information about export and import of goods with customs authorities according to applicable regulations of law.

3. The following entities are permitted to access and exchange information with the e-customs system:

a) Customs officials;

b) Customs declarants;

c) Providers of value added services recognized by customs authorities;

d) Regulatory agencies related to licensing, line management of exports or imports; issuance of Certificates of origin (CO);

dd) The agencies that monitor tax administration and price management of exports or imports;

e) Credit institutions that have entered into agreements on collection, payment of taxes, charges, and other state budget revenues related to export and import with the General Department of Customs; credit institutions or organizations operating under the Law on credit institutions that grant guarantee for declarants’ tax payment;

g) The warehousing service provider;

h) Other organizations and individuals prescribed by the General Department of Customs.

...

Thus, credit institutions or other organizations operating under the Law on Credit Institutions 2024 and granting a guarantee for the customs declarant's tax payment are allowed to have access and exchange information with the customs electronic data processing system.

What are the requirements for entities making customs declarations via the customs electronic data processing system in Vietnam?

According to Clause 5, Article 6 of Circular 38/2015/TT-BTC, any entity that makes customs declarations via the e-customs system must satisfy the following conditions:

- The entity has registered for connection with the e-customs system to be provided with an account and information for connection. Any change or cancellation of the registration information must be promptly notified to the customs authority. The registration, change or cancellation of registration information shall follow the instructions in Appendix I of Circular 38/2015/TT-BTC.

- The entity has adequate technical infrastructure for electronic transaction, ensure the transmission, receipt, storage of information when accessing and exchanging information with the e-customs system; uses electronic customs declaration software that is provided by the customs authority (if any) or inspected and certified suitable with requirements of customs authority and compatible with the e-customs system by the General Department of Customs. The General Department of Customs shall issue Decisions to recognize electronic customs declaration software and post them on the website of customs authorities.