When shall the tax-suspension warehouse owner make a general list of import customs declarations in Vietnam?

When shall the tax-suspension warehouse owner make a general list of import customs declarations in Vietnam?

Pursuant to Point dd Clause 2 Article 63 of the Customs Law 2014 stipulating the rights and obligations of the tax-suspension warehouse owner as follows:

Rights and obligations of bonded warehouse enterprises, consolidation site business enterprises, consolidation service business enterprises, cargo owners, tax-suspension warehouse owners

1. bonded warehouse enterprises and cargo owners storing goods in bonded warehouses have the following rights and obligations:

a) bonded warehouse enterprises have the right to enter into contracts to receive goods stored in bonded warehouses; to move goods within bonded warehouses as agreed with the cargo owners. They are responsible for complying with customs authorities’ requests for inspections. Every three months, bonded warehouse business enterprises must provide a written notification to the Customs Department managing the bonded warehouses regarding the goods’ status and warehouse operations;

b) Cargo owners are allowed to reinforce packaging, classify goods, take samples, and perform other tasks under the supervision of customs officials; they may transfer the ownership of goods. Moving goods from one bonded warehouse to another requires written approval from the Director of the Customs Department managing the warehouse storing these goods.

2. Tax-suspension warehouse owners have the following rights and obligations:

a) To store imported raw materials and supplies for producing export goods;

b) To rearrange, repack, and move goods within the tax-suspension warehouse;

c) To notify customs authorities in advance of their intended plans to put raw materials and supplies from the tax-suspension warehouse into production;

d) Every three months, to submit a written notification to the Customs Department managing the tax-suspension warehouse regarding the status of goods and warehouse operations;

dd) By January 31st each year, to make a summary of the import customs declarations and quantities of raw materials and supplies introduced into the tax-suspension warehouse, and a summary of the export customs declarations and quantities of goods exported in the previous year and submit it to the Customs Department managing the tax-suspension warehouse.

...

Thus, by January 31st each year, the tax-suspension warehouse owner must make a summary of the import customs declarations and the quantities of raw materials and supplies introduced into the tax-suspension warehouse in the previous year and submit it to the Customs Department managing the tax-suspension warehouse.

When shall the tax-suspension warehouse owner make a general list of import customs declarations in Vietnam? (Image from the Internet)

What are the conditions for recognizing a tax-suspension warehouse in Vietnam?

Based on Clause 2 Article 16 of Decree 68/2016/ND-CP stipulating the conditions for recognizing a tax-suspension warehouse as follows:

- An enterprise is recognized as a priority enterprise entitled to operate a tax-suspension warehouse if it meets the following conditions:

+ Has an accounting system and information technology application according to the standards set by state management agencies to monitor, manage imported, exported, stored, and leftover goods in the warehouse;

+ Located in the production facility area of the enterprise, separated from areas containing non-duty-free materials and supplies, equipped with a camera system adhering to customs data exchange standards to supervise goods entering and exiting the tax-suspension warehouse.

- An enterprise producing export goods with an export turnover of at least 40 million USD is recognized as operating a tax-suspension warehouse, besides meeting conditions specified in Clause 1 Article 16 of Decree 68/2016/ND-CP, it must also satisfy the following conditions:

+ Has conducted export activities for at least 2 consecutive years without violating customs and tax laws;

+ Complies with accounting and statistical laws;

+ Makes payments through banks as prescribed by law.

What are procedures for recognizing a tax-suspension warehouse in Vietnam?

According to Article 18 of Decree 68/2016/ND-CP, the process for recognizing a tax-suspension warehouse is regulated as follows:

- Enterprises submit an application for recognition directly, by mail, or through the customs authority's electronic information system to the General Department of Customs.

- Within 10 working days from the date of receiving the enterprise's complete application, the General Department of Customs completes the inspection of the application and the actual warehouse. Upon completing the inspection, the customs authority and enterprise sign a record of the inspection content.

- Within 5 working days from the completion of the application and actual warehouse inspection, the Director General of the General Department of Customs issues a decision to recognize the tax-suspension warehouse or provides a written response to the enterprise if it does not meet the prescribed conditions.

- If the application is not complete, within 5 working days from the date of receiving the enterprise's application, the General Department of Customs issues a notification requesting the enterprise to supplement the application. After 30 working days from the date of sending the notification without a written response from the enterprise, the General Department of Customs has the right to cancel the application.