What is the newest customs declaration form in Vietnam?

What is the newest customs declaration form in Vietnam?

Under Clause 8, Article 3 of the 2019 Tax Administration Law, “customs declaration” means a document stipulated by the Minister of Finance and used as a tax return for imported or exported goods.

According to Circular 38/2015/TT-BTC, there are two customs declaration forms for exports and imports: Form HQ/2015/XK and Form HQ/2015/NK:

Form HQ/2015/XK is prescribed in Appendix 5 issued together with Circular 38/2015/TT-BTC: DOWNLOAD

Form HQ/2015/NK is prescribed in Appendix 4 issued together with Circular 38/2015/TT-BTC: DOWNLOAD

What is the newest customs declaration form in Vietnam? (Image from Internet)

What does customs duty in Vietnam mean?

Under Clause 11, Article 3 of Decree 46/2020/ND-CP, the definition of customs duty is as follows:

Declaration and payment of registration fee

Definitions

For the purposes of this Decree, these terms are construed as follows:

1. “ACTS” means the integrated information technology system developed by Member States of ASEAN (hereinafter referred to singularly as "Contracting Party" and collectively as "Contracting Parties") for the purposes of connecting and exchanging information to carry out electronic transit procedure, control the movement of goods across the territory of Contracting Parties, assisting customs authorities of Contracting Parties in calculating customs duties and guarantee amounts, and exchanging information for recovery of customs debts under Protocol 7 on Customs Transit System (hereinafter referred to as “Protocol 7”).

2. “Customs transit declaration” means the electronic customs declaration containing information provided by the Declarant to place goods under the ACTS procedure.

Each customs transit declaration shall include only the goods to be loaded on a single means of transport for a transit operation through the ACTS procedure.

3. “Transit Accompanying Document” or “TAD” means the customs transit declaration approved by the customs authority of departure and printed out from the ACTS.

4. “Transit operation” means the transport of goods in transit from a customs authority of departure to a customs authority of destination under the ACTS procedure.

5. “Guarantee” means the guarantor’s promise to ensure payment of customs duties which may be incurred in transit operations.

6. “Single journey guarantee” means the guarantor’s promise to fulfill obligations to pay the full amount of customs duties which may be incurred in a single transit operation.

7. “Multiple journey guarantee” means the guarantor’s promise to fulfill obligations to pay the full amount of customs duties which may be incurred in a number of transit operations.

8. “Guarantor” means any natural or legal person who undertakes with the customs authority of departure, the customs authority of transit and the customs authority of destination in writing to pay any potential customs duties at the request of customs authorities relating to a transit operation.

9. “Guarantor in Vietnam” (in case goods are transported from Vietnam across the territory of one or more Contracting Parties) means the credit institution or foreign bank branch that operates in accordance with the Law on Credit Institutions and undertakes with the customs authority of Vietnam, the customs authority of transit and the customs authority of destination to pay any potential customs duties which may be incurred in transit operations.

10. “Office of guarantee” means the office designated by a Contracting Party of Protocol 7 to give the authorisation of guarantors and supervise guarantees covering transit operations. The offices of guarantee in Vietnam are customs authorities.

11. “Customs duties" means the import duties, taxes and charges which may be incurred in respect of goods in transit.

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Under the above definition, customs duty means the import duty, tax, and charge that may be incurred in respect of goods in transit.

What currency is used for customs duty payment in Vietnam?

According to Clause 3, Article 24 of Decree 46/2020/ND-CP, the regulations on the currency of guarantee and payment of customs duties are as follows:

- Currency of guarantee: If the goods are transported from Vietnam across the territory of one or more Contracting Parties, the currency shown in the letter of guarantee shall be VND.

In other cases, the currency shown in the letter of guarantee shall comply with the provisions in force in the country of departure.

- Currency of payment of customs duties: The currency of customs duties paid to customs authorities of Vietnam is VND, except cases where the customs duties are declared and paid in a freely convertible currency as prescribed in the Law on tax administration.

The exchange rate applied when calculating the duties payable shall comply with regulations of the Law on customs.