03:04 | 30/08/2023

Are domestic goods sold in duty-free shops? When should the final accounts for goods sold in duty-free shops in Vietnam be submitted?

Are domestic goods sold in duty-free shops? When should the final accounts for goods sold in duty-free shops in Vietnam be submitted? - T.Q (Bac Giang, Vietnam)

Are domestic goods sold in duty-free shops in Vietnam?

According to Clause 1, Article 6 of Decree 100/2020/ND-CP, regulations on goods sold at duty-free shops are as follows:

Goods sold in duty-free shops
1. Goods that may be sold in duty-free shops include goods temporarily imported, goods from free trade zones and bonded warehouses; and domestically manufactured goods permitted to be traded in accordance with regulations of Vietnamese law.
Goods temporarily imported and goods from free trade zones and bonded warehouses that are sold in duty-free shops shall not be included in list of goods prohibited from import and list of goods subject to suspension of temporary import according to regulations of laws on foreign trade management.
Goods from domestic market permitted for sale under Vietnamese law and sold in duty-free shops shall not be included in list of goods prohibited from import and list of goods subject to suspension of temporary import. Goods subject to conditional export shall be sold in duty-free shops in compliance with conditions prescribed by law.
2. Goods from domestic market permitted for sale under Vietnamese law and sold in duty-free shops shall be subject to management and supervision by customs authorities based on list of goods delivered to duty-free shops/duty-free goods warehouses notified by the duty-free business.
3. Goods sold in duty-free shops shall be stored in duty-free shops/duty-free goods warehouses of duty-free businesses.
4. Time limit for storage of goods in duty-free shops is provided for in Point a Clause 2 Article 47 of the Law on Customs No. 54/2014/QH13 dated June 23, 2014.
5. Tobacco, cigarettes and alcohol sold in duty-free shops must bear the “VIET NAM DUTY NOT PAID” stamp issued by the Ministry of Finance. This stamp shall be affixed at locations provided for in Appendix I enclosed therewith. The stamp must be affixed to a product before it is sold in the duty-free shop or before it is delivered to the buyer in case it is delivered directly from the duty-free goods warehouse to the buyer.
6. For broken, damaged, degraded, poor quality or expired goods that cannot be sold, the duty-free business shall make a record of the condition of the goods to be disposed of (with confirmation from the customs sub-department managing the duty-free shop/duty-free goods warehouse) and dispose of the goods as per the law. Before disposal, the business must submit a detailed disposal plan to the customs sub-department managing the duty-free shop/duty-free goods warehouse for supervision of the disposal as per the law.
7. For sample products, product samples (perfume test strips, alcohol, cosmetics, perfumes, etc.), and bags and packaging imported to hold duty-free products purchased, duty-free businesses shall manage these types of goods separately, ensure that they are used for the intended purpose and submit final accounts to customs authorities according to regulations in Article 24 herein.

According to the above regulations, domestic goods are items that are not on the list of goods banned from export, temporarily suspended from export, and are allowed to circulate according to the provisions of Vietnamese law, and can be sold at duty-free shops.

Are domestic goods sold in duty-free shops? When should the final accounts for goods sold in duty-free shops in Vietnam be submitted?

When should the final accounts for goods sold in duty-free shops in Vietnam be submitted?

Pursuant to Clause 1, Article 24 of Decree 100/2020/ND-CP stipulating the submission period for final accounts for goods sold in duty-free shops as follows:

Final accounts for goods sold in duty-free shops
1. Submission period for final accounts for goods sold in duty-free shops:
a) On an annual basis, within 90 days from the fiscal year-end, the duty-free business shall submit the final accounts for its duty-free sale in the fiscal year to the customs authority;
b) After submitting final accounts, the duty-free business may make change to the final accounts before the submission deadline and before the time the customs authority announces whether the final accounts are subject to inspection.
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Accordingly, on an annual basis, within 90 days from the fiscal year-end, the duty-free business shall submit the final accounts for its duty-free sale in the fiscal year to the customs authority.

What are the cases subject to final accounts inspection in Vietnam?

Pursuant to Clause 5, Article 24 of Decree 100/2020/ND-CP, cases subject to final accounts inspection:

- Final accounts submitted by a duty-free business for the first time;

- Final accounts whose figures are unusually different from those available in the electronic data processing system of the customs authority, an explanation for which has been given by the duty-free business but is not accepted by the customs authority;

- Final accounts inspected for risk management and/or assessment of regulatory compliance by the duty-free business.

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