What is the guidance for calculating tax amount for imports and exports in Vietnam during 2024?

What is the guidance for calculating tax amount for imports and exports in Vietnam during 2024?

Under Clause 5, Article 17 of Decree 126/2020/ND-CP, the tax amount for imports and exports is calculated as follows:

The tax amount depends on the commodity name, quantity, category, code, origin, value, tax rate, applied exchange rate and tax accounting method.

Imposition of tax on part of the goods of the same category under multiple customs declarations or the first export/import declaration in which tax has been determined:

If goods under the first import declaration are not subject to tax or there is no data about tax amount or the customs declaration has been destroyed in accordance with customs laws or there is no customs declaration, the customs authority shall impose tax according to the commodity name, quantity, category, code, origin, value, tax rate, applied exchange rate and tax accounting method or identical or similar goods in the customs authority’s database at the exchange rate applicable when the decision on tax imposition is issued.

What is the guidance for calculating tax amount for imports and exports in Vietnam during 2024? (Image from Internet)

On what basis does the customs authority assess the tax for import and export goods?

Pursuant to Clause 3, Article 17 of Decree 126/2020/ND-CP, it is stipulated as follows:

Imposition of tax liability on exports and imports

1. In the cases specified in Clause 1 Article 52 of the Law on Tax Administration and Clause 4 of this Article, the customs authority shall determine the elements of taxation and tax accounting method to determine the amount of tax payable by the taxpayer.

2. Tax liability shall be imposed on exports and imports while carrying out customs procedures or after customs clearance or conditional customs clearance is granted as prescribed in Clause 4 of this Article.

3. Basis for tax imposition: commodity name, code, quantity, origin, value, tax rate, presumptive tax, mixed tax; tax accounting method; customs dossier; accounting records and electronic data stored by the enterprise and the customs authority; inspection result or verdict given by a competent authority or court judgment/verdict, other documents and information relevant to the exports or imports prescribed in Clause 2 Article 52 of the Law on Tax Administration.

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The customs authority imposes the tax based on:

- commodity name, code, quantity, origin, value, tax rate, presumptive tax, mixed tax; tax accounting method;

- customs dossier;

- accounting records and electronic data stored by the enterprise and the customs authority; inspection result or verdict given by a competent authority or court judgment/verdict, other documents and information relevant to the exports or imports prescribed in Clause 2 Article 52 of the Law on Tax Administration 2019 as follows:

The customs authority shall impose tax according to the exports or imports in reality; the tax calculation bases and methods; the tax administration database and commerce database; customs declarations; other documents and information relevant to the exports and imports.

Is it necessary to pay the tax amount imposed by the tax authority in Vietnam if there is disagreement?

Pursuant to Article 54 of the Law on Tax Administration 2019:

Responsibilities of tax authorities for paying tax imposed

Taxpayers shall pay the tax imposed by tax authorities under tax decisions, even if they do not concur with it, in which case they may request explanation from the tax authority or file a complaint or lawsuit against the tax liability imposition decision. Taxpayers shall provide documents to support their complaints or lawsuits.

Suppose the taxpayer disagrees with the tax amount imposed by the tax authority. In that case, the taxpayer must still pay the imposed tax amount, in which case they may request an explanation from the tax authority or file a complaint or lawsuit against the tax liability imposition decision.

Taxpayers shall provide documents to support their complaints or lawsuits..