Which cases are not subject to export and import duties in Vietnam? What is the time of calculation of export and import duties?

Which cases are not subject to export and import duties in Vietnam?

Pursuant to the provisions in Clause 4, Article 2 of the Law on Export and import duties 2016, four specific cases are not subject to export tax and import tax as follows:

[1] Goods in transit, transshipment, and translocation;

[2] Humanitarian aid goods, non-refundable aid goods;

[3] Goods exported from non-tariff zones to foreign countries; goods imported from foreign countries into non-tariff zones and only used within non-tariff zones; goods transferred from one non-tariff zone to another non-tariff zone;

[4] The portion of oil and gas used to pay natural resource tax to the State when exported.

Which cases are not subject to export and import duties in Vietnam? (Image from the Internet)

What is the basis for calculating export and import fixed duties in Vietnam?

Pursuant to Article 6 of the Law on Export and import duties 2016, it is stipulated:

Basis for calculating export and import fixed duties, mixed tax calculation method

1. The tax amount applying the absolute tax calculation method on exported and imported goods is determined based on the actual quantity of exported and imported goods and the absolute tax rate per unit of goods at the time of tax calculation.

2. The tax amount applying the mixed tax calculation method on exported and imported goods is determined as the total tax amount according to the percentage and the absolute tax amount as stipulated in Clause 1, Article 5 and Clause 1, Article 6 of this Law.

Thus, the basis for calculating export and import fixed duties is the actual quantity of exported, imported goods and the absolute tax rate per unit of goods at the time of tax calculation.

What is the time of calculation of export and import duties in Vietnam?

Pursuant to Article 8 of the Law on Export and import duties 2016 stipulating the customs value for tax calculation and the time for tax calculation as follows:

Customs value for tax calculation, time of tax calculation

1. The customs value for export tax and import tax calculation is the customs value as prescribed by the Customs Law.

2. The time of export tax and import tax calculation is the time of customs declaration registration.

For exported and imported goods not subject to tax, exempt from export and import duties, or applying tax rates, absolute tax levels within the tariff quota but changed to goods not subject to tax, exempt from tax, applying tax rates, absolute tax levels within the tariff quota according to the law, the time of tax calculation is the time of new customs declaration registration.

The time for customs declaration registration is conducted according to the provisions of the customs law.

Thus, the time of export tax and import tax calculation is the time of customs declaration registration.

For exported and imported goods not subject to tax, exempt from export and import duties, or applying tax rates, absolute tax levels within the tariff quota but changed according to legal provisions, the time of tax calculation is the time of new customs declaration registration.

Note: The time for customs declaration registration is conducted in accordance with the customs law provisions.

Are imported components for manufacturing exports exempt from export and import duties in Vietnam?

Pursuant to Article 16 of the Law on Export and import duties 2016 stipulating tax exemptions as follows:

Tax Exemption

...

6. Raw materials, supplies, components imported for processing export products; imported finished products to attach to processed products; processed products for export.

Exported processed products manufactured from domestic raw materials subject to export tax are not exempt from tax for the value of corresponding domestic raw materials and supplies constituting the export products.

Goods exported for processing and subsequently re-imported are exempt from export tax and import tax calculated on the value of exported raw materials forming processed products. For goods exported for processing and subsequently re-imported that are resources and minerals, products with a total resource and mineral value plus energy costs account for 51% of the product cost or more, tax exemption is not granted.

7. Raw materials, supplies, components imported for manufacturing exports.

8. Goods manufactured, processed, recycled, assembled in non-tariff zones without using imported raw materials, parts from abroad when imported into the domestic market.

9. Goods temporarily imported for re-export or temporarily exported for re-import within a certain period, including:

...

Thus, imported components for manufacturing exports are among the subjects exempted from export tax and import tax.