When is the deadline for duty payment on exports in Vietnam?

When is the deadline for duty payment on exports in Vietnam?

Based on Article 7 of Circular 06/2021/TT-BTC regarding the deadline for duty payment on exports as follows:

- The deadline for duty payment on goods that require analysis and inspection to accurately determine the amount of tax payable is as follows:

+ Taxpayers must temporarily pay tax according to the declaration code before goods release. The deadline for duty payment is in accordance with Article 9 of the Law on Export and Import Tax 2016.

- In cases where the results of goods analysis and inspection differ from the taxpayer's declaration, leading to an increase in the amount of tax payable, the deadline for paying the outstanding tax amount is 5 working days from the date the taxpayer receives the additional declaration request from the customs authority.

In cases where the results of goods analysis and inspection differ from the taxpayer's declaration, leading to a reduction in the amount of tax payable, the customs authority will notify the taxpayer to make an additional declaration following the customs legislation and handle the overpaid taxes according to Article 10 of Circular 06/2021/TT-BTC.

- The deadline for duty payment in cases where there is no official price available at the time of customs declaration registration is as follows:

+ Taxpayers must temporarily pay tax according to the declared price before customs clearance or goods release. The deadline for duty payment is in accordance with Article 9 of the Law on Export and Import Tax 2016.

+ In cases where an official price is available, the taxpayer must make an additional declaration and pay the increased tax difference within 5 working days from the time the official price is available.

+ In cases where an official price leads to a reduction in the amount of tax payable, the customs authority will handle the overpaid tax according to Article 10 of Circular 06/2021/TT-BTC.

+ The official price is implemented according to Article 17 of Circular 39/2015/TT-BTC regarding customs value for exported and imported goods.

- The deadline for duty payment in cases involving goods with payment amounts or adjustments to customs value not determined at the time of customs declaration registration is as follows:

+ Taxpayers must temporarily pay tax according to the declared price before customs clearance or goods release. The deadline for duty payment is in accordance with Article 9 of the Law on Export and Import Tax 2016.

+ In cases of actual payments, adjustments added to customs value, the deadline for duty payment is 5 working days from the time the importer determines these amounts.

+ Actual payments and adjustments added to customs value are implemented according to Circular 39/2015/TT-BTC and Circular 60/2019/TT-BTC.

When is the deadline for duty payment on exports in Vietnam? (Image from the Internet)

Which shall the late payment interest for exportsbe charged in Vietnam?

The cases requiring the payment of late payment interest for exports are stipulated in Clause 1, Article 59 of the Law on Tax Administration 2019 as follows:

- Taxpayers duty payment later than the prescribed deadline, the extended tax payment deadline, the deadline stated in the tax administration authority's notice, the deadline in the tax assessment decision, or the handling decision of the tax administration authority;

- Taxpayers supplement tax declaration dossiers, increasing the amount of tax payable, or if the tax administration authority or competent state agency, upon examination or inspection, discovers under-declared tax amounts, they must pay late payment interest for the increased tax amount from the day following the end of the deadline for tax payment of the tax period with errors or from the deadline for tax payment of the initial customs declaration;

- Taxpayers supplement tax declaration dossiers reducing the refunded tax amount or if the tax administration authority or competent state agency, upon examination or inspection, discovers that the refunded tax amount is less than the refunded amount, they must pay late payment interest for the refunded tax amount to be recovered from the date of receiving the refund from the state budget;

- Cases entitled to gradual payment of tax debt as prescribed in Clause 5, Article 124 of the Law on Tax Administration 2019;

- Cases not subject to administrative penalties for tax administration violations due to the expiration of the statute of limitations but are subject to retroactive tax collection for the underpaid tax amount as stipulated in Clause 3, Article 137 of the Law on Tax Administration 2019.

- Cases not subject to administrative penalties for tax administration violations regarding acts specified in Clause 3 and Clause 4, Article 142 of the Law on Tax Administration 2019;

- An agency/organization delegated by the tax administration authority to collect taxes slowly transfers tax money, late payment money, fines of the taxpayer to the state budget, must pay late payment interest for the delayed transfer amount.

What are procedures for handling late tax payments on exports in Vietnam?

Based on Clause 2, Article 7 of Circular 06/2021/TT-BTC, the procedure for handling late tax payments on exports is stipulated as follows:

- Responsibility of the taxpayer:

The taxpayer self-determines the late payment amount according to Clause 1 of this Article and pays it to the state budget.

- Responsibility of the customs authority:

The customs authority checks and handles the late payment amount as follows:

+ In case after 30 days from the end of the tax payment deadline, the taxpayer has not paid tax, late payment, or outstanding fines, or has paid but the amount of tax, late payment, or fines is still deficient, the customs authority shall notify the taxpayer of the outstanding tax, fines, and the number of overdue days via the System according to Form No. 1 Appendix II or paper document according to Form No. 01/TXNK Appendix I issued together with Circular 06/2021/TT-BTC.

In cases where the late payment amount paid is greater than the required late payment amount, the customs authority handles the excess late payment according to Article 10 of Circular 06/2021/TT-BTC.

+ In cases where the taxpayer supplements tax declaration dossiers reducing the tax payable or if the tax administration authority or competent state agency upon examination/inspection discovers a reduction in the tax payable, the customs authority adjusts the late payment amount calculated corresponding to the reduced difference.