When is the time for calculating export and import duties in Vietnam?

When is the time for calculating export and import duties in Vietnam?

The time for calculating customs value is stipulated in Clause 2, Article 8 of the Law on Export and import duties 2016 as follows:

Taxable Value, Tax Calculation Time

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2. The time for calculating export and import duties is the time of customs declaration registration.

For exported and imported goods that are subject to non-taxable items, tax-exempt export, import tax, or apply tariff quotas and absolute tax rates, but there are changes per the legal regulations regarding tax exemption, non-taxable items, the taxable time shall be the time of new customs declaration registration.

The time for customs declaration registration is conducted according to customs law regulations.

The time for calculating customs value is determined as the time of customs declaration registration.

Note:

For exported and imported goods subject to non-tax, export, and import tax exemption, or that apply quotas and absolute tax rates but have changes in classification according to legal provisions, the tax calculation time is the time of new customs declaration registration.

The time for customs declaration registration is carried out according to customs law regulations.

When is the time for calculating export and import duties in Vietnam? (Image from the Internet)

What is the payment deadline of export and import duties in Vietnam?

The payment deadline of export and import duties is stipulated in Article 9 of the Law on Export and import duties 2016 as follows:

Tax Payment Deadline

1. Exported and imported goods subject to tax must pay tax before clearance or release of goods according to customs law, except as specified in Clause 2 of this Article.

If a credit organization guarantees the tax to be paid, clearance or release is allowed, but late payment interest must be paid as per the Tax Administration Law from the date of clearance or release until the tax payment date. The maximum guarantee period is 30 days from the date of customs declaration registration.

If the guarantee by a credit organization is in place but the taxpayer has not paid tax and late payment by the end of the guarantee term, the guarantor is responsible for fully paying the tax and late payment amounts for the taxpayer.

2. Taxpayers granted priority policies under customs laws are allowed to pay tax for cleared or released customs declarations of the month no later than the tenth day of the following month. Beyond this deadline, if the taxpayer has not paid the tax, they must pay the overdue tax amount and late payment interest as per the Tax Administration Law.

The payment deadline of export and import duties is determined as follows:

- Exported and imported goods subject to tax must pay tax before clearance or release according to customs law, except for the case specified in Clause 2, Article 9 of the Law on Export and import duties 2016.

+ If a credit organization guarantees the tax amount, clearance or release is permitted, but late payment interest must be paid as per the Tax Administration Law from the clearance or release date until the tax payment date.

+ +The maximum guarantee period is 30 days from the date of customs declaration registration.

+ If a credit organization guarantees and the guarantee period expires with unpaid tax and late payment, the guarantor must fully pay the tax and late payment for the taxpayer.

Note:

Taxpayers with priority policies per the provisions of the Customs Law 2014 can pay tax for customs declarations cleared or released within the month by the tenth of the following month at the latest.

Beyond this period, if the taxpayer hasn't paid the tax, they must pay the full overdue tax amount and late payment interest per the Tax Administration Law 2019.

Vietnam: If there are errors in customs declarations, shall amendments be made?

Customs declarations are stipulated in Clause 4, Article 29 of the Customs Law 2014 as follows:

Customs Declarations

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4. Customs declarants, upon identifying errors in customs declarations, can amend them in the following cases:

a) For goods undergoing customs procedures: before the customs authority announces the direct inspection of customs documents;

b) For goods that have been cleared: within 60 days from the date of clearance and before the customs authority decides to post-customs clearance audit, inspection, except in cases of supplementary declarations related to export, import licenses; specialized inspections concerning quality, health, culture, animal, plant quarantine; and food safety.

Beyond the deadlines specified in point a and b of this clause, if customs declarants identify errors, amendments must be made and processed according to tax laws and regulations on administrative violations.

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Customs declarants who identify errors in customs declarations can make amendments.

Amendments can be made in the following cases:

- For goods undergoing customs procedures: before the customs authority announces the direct inspection of customs documents;

- For goods that have been cleared: within 60 days from the clearance date and before the post-customs clearance audit decision, except for supplementary declarations related to export, import licenses; quality inspections, health, culture, animal, plant quarantine, and food safety.

+ Beyond the specified periods above, if errors are identified, amendments must be made and processed per tax laws and regulations on administrative violations.