What matters do customs authorities examine tax suspension warehouses in Vietnam? Where are tax suspension warehouses established?
Where are tax suspension warehouses established?
Pursuant to Article 62 of the 2014 Law on Customs of Vietnam stipulating as follows:
Requirements for establishment of bonded warehouses, tax suspension warehouses and container freight stations
1. Bonded warehouses and container freight stations shall be established in areas that are home to:
a/ Seaports, international civil airports, inland import and export ports, land border checkpoints, international railway stations;
b/ Industrial parks, hi-tech parks, non-tariff zones and other zones as prescribed.
2. Tax suspension warehouses shall be established in workshop’s area of export production enterprises.
3. The General Director of Customs have entitlement to decide to establish, extend the operation duration, suspend and terminate the operation of bonded warehouses, tax suspension warehouses and container freight stations.
4. The Government shall provide guidance on the establishment and operation of bonded warehouses, tax suspension warehouses and container freight stations.
According to the above regulations, tax suspension warehouses shall be established in workshop’s area of export production enterprises. The General Director of Customs have entitlement to decide to establish, extend the operation duration, suspend and terminate the operation of tax suspension warehouses.
What matters do customs authorities examine tax suspension warehouses in Vietnam? Where are tax suspension warehouses established?
What are the rights and obligations of owners of tax suspension warehouses in Vietnam?
Pursuant to Article 63 of the 2014 Law on Customs of Vietnam stipulating as follows:
Rights and obligations of enterprises dealing in bonded warehouse or container freight stations, container freight station providers, goods owners and owners of tax suspension warehouses
1. Enterprises dealing in bonded warehouses and owners of goods stored in bonded warehouses have the following rights and obligations:
a/ Enterprises dealing in bonded warehouses may perform contracts on storing goods in their bonded warehouses and move the goods in their bonded warehouses according to agreements with goods owners.
Enterprises dealing in bonded warehouses shall comply with requests of customs authorities for goods inspection. Once every three months, enterprises dealing in bonded warehouses shall notify in writing Customs Departments in charge of bonded warehouses of actual requirements of the goods and the operation of the bonded warehouses.
b/ Goods owners may consolidate packing, categorize goods or take goods samples under the supervision of customs officials and may transfer the ownership of such goods. The transfer of goods from one bonded warehouse to another must be approved in writing by directors of Customs Departments in charge of bonded warehouses where such goods are stored.
2. Owners of tax suspension warehouses have the following rights and obligations:
a/ Store goods being materials and supplies imported for export production;
b/ Arrange, re-pack and move the goods in the tax suspension warehouses;
c/ Notify in advance customs authorities of tentative plans for bringing materials and supplies from tax suspension warehouses to production;
d/ Notify in writing Customs Departments in charge of tax suspension warehouses of the actual requirements of the goods and the operation of their tax suspension warehouses once every three months;
dd/Make a general list of import customs declarations and the total quantity of materials and supplies that have been brought into tax suspension warehouses and a general list of export customs declarations and the total quantity of exported goods in the previous year and send them to Customs Departments in charge of tax suspension warehouses not later than January 31 every year.
3. Goods owners, enterprises dealing in container freight stations and container freight station providers have the following rights and obligations:
a/ Goods owners may transfer of the ownership of the goods, pack, re-pack, consolidate, repair and preserve goods;
b/ container freight station providers may break bulk or load shipments of different owners in the same container, arrange or re-arrange stored goods;
c/ Once every three months, enterprises-dealing in container freight stations shall notify in writing Customs Departments in charge of container freight stations of the actual requirements of the goods and their operation.
4. Enterprises dealing in bonded warehouses, enterprises dealing in container freight stations and owners of tax suspension warehouses shall comply with regulations on accounting and statistics, be equipped with technical means and equipment to manage goods electronically and connected to customs authorities’ network for customs inspection and supervision in accordance with this Law.
5. Enterprises dealing in bonded warehouses, enterprises dealing in container freight stations, container freight station providers, owners of tax suspension warehouses and goods shall comply with the law on operation of bonded warehouses, tax suspension warehouses and container freight stations.
Thus, owners of tax suspension warehouses have the following rights and obligations:
- Store goods being materials and supplies imported for export production;
- Arrange, re-pack and move the goods in the tax suspension warehouses;
- Notify in advance customs authorities of tentative plans for bringing materials and supplies from tax suspension warehouses to production;
- Notify in writing Customs Departments in charge of tax suspension warehouses of the actual requirements of the goods and the operation of their tax suspension warehouses once every three months;
- Make a general list of import customs declarations and the total quantity of materials and supplies that have been brought into tax suspension warehouses and a general list of export customs declarations and the total quantity of exported goods in the previous year and send them to Customs Departments in charge of tax suspension warehouses not later than January 31 every year.
What matters do customs authorities examine tax suspension warehouses in Vietnam?
Pursuant to Clause 1, Article 94 of Decree 08/2015/ND-CP stipulating the matters of examination of tax suspension warehouses by customs authorities as follows:
Customs authorities shall conduct annual examination of management of the duty-suspension warehouse carried out by enterprises. The following matters shall be examined:
- Implementation of regulations enshrined in Clause 1 Article 92 of Decree 08/2015/ND-CP;
- Actual quantity of in-stock commodities, actual in-stock commodity quantity compared with the quantity recorded in accounting books, tracking records, and status reports on enterprise’s use of raw materials.
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