Which entity is authorized, guaranteed, and pays dutyes on behalf of taxpayers for import and export duties in Vietnam?

Which entity is authorized, guaranteed, and pays dutyes on behalf of taxpayers for import and export duties in Vietnam?

According to Article 3 of the Law on Export and Import Duty 2016, the individuals or entities authorized, guaranteed, and paying dutyes on behalf of taxpayers for import and export duties can be:

(1) Customs brokers in cases where they are authorized by the taxpayer to pay export and import dutyes;

(2) Enterprises providing postal services, international express delivery services in cases where they pay dutyes on behalf of the taxpayer;

(3) Credit institutions or other organizations operating under the Law on Credit Institutions in cases of guaranteeing and paying dutyes on behalf of the taxpayer;

(4) Individuals authorized by the goods owner in cases where goods are gifts from individuals; baggage sent before or after the trip of travelers;

(5) Branches of enterprises authorized to pay dutyes on behalf of the enterprises;

(6) Other persons authorized to pay dutyes on behalf of the taxpayers as per legal regulations.

Which entity is authorized, guaranteed, and pays dutyes on behalf of taxpayers for import and export duties in Vietnam? (Image from the Internet)

When is the deadline for paying import and export duties in Vietnam?

According to Article 9 of the Law on Export and Import Duty 2016, the deadline for paying import and export duties is stipulated as follows:

- Exported and imported goods subject to duty must pay dutyes before customs clearance or release of goods as per the Customs Law 2014.

Except for cases where taxpayers are subject to priority policies under the Customs Law 2014 and can pay dutyes for customs declarations that have been cleared or released in the month by the tenth day of the following month. If this deadline is not met, the taxpayer must pay the full duty debt and late payment interest as prescribed by the Law on Duty Administration.

In cases where the duty amount is guaranteed by a credit institution, the goods can be cleared or released, but late payment interest must be paid as prescribed by the Law on Duty Administration 2019 from the date of clearance or release until the duty is paid. The maximum guarantee period is 30 days from the date of customs declaration registration.

In cases where the duty is guaranteed by a credit institution but the guarantee period expires, and the taxpayer has not paid the duty and late payment interest, the guaranteeing organization must fully pay the duty and late payment interest on behalf of the taxpayer.

- taxpayers subject to priority policies under the Customs Law 2014 can pay dutyes for customs declarations that were cleared or released in the month by the tenth day of the following month. If this deadline is not met, the taxpayer must pay the full duty debt and late payment interest as prescribed by the Law on Duty Administration 2019.

What are cases of import and export duty refund in Vietnam?

Pursuant to Article 19 of the Law on Export and Import Duty 2016, the cases for refunding import and export duties include:

- taxpayers who have paid import or export dutyes but do not have imported or exported goods, or the quantity of imported or exported goods is less than the quantity on which duty was paid; (1)

- taxpayers who have paid export duty but must re-import goods, whereby the export duty will be refunded and the import duty will not be required; (2)

- taxpayers who have paid import duty but must re-export goods, whereby the import duty will be refunded and the export duty will not be required; (3)

- taxpayers who have paid dutyes on imported goods for production or business but have already used those goods for producing exported products and have exported those products;

- taxpayers who have paid dutyes on machinery, equipment, tools, and vehicles of organizations and individuals permitted to be temporarily imported and re-exported, except for rented goods for investment projects, construction, and installation works, production support, when re-exported abroad or to non-tariff zones.

The amount of import duty to be refunded is determined based on the remaining usage value of the goods at the time of re-export, calculated according to the usage time and storage in Vietnam. If the goods have no remaining usage value, the import duty paid will not be refunded.

No duty refund will be made for duty amounts below the minimum refund level as prescribed by the Government.

* The goods stipulated in (1), (2), (3) will be refunded when they are unused, unprocessed, or unmanufactured.