When shall duty-free list of exported and imported goods in Vietnam be stop using?

When shall duty-free list of exported and imported goods in Vietnam be stop using?

Pursuant to Point 1.a and 1.b, Article 5, Section 1, Chapter I of the Procedures for duty exemption, duty reduction, duty refund, duty cancellation, handling of overpaid duties, late payment interests, and fines for exported and imported goods issued together with the Decision 3394/QĐ-TCHQ in 2021 stipulating stop using the duty-free list in Vietnam as follows:

1. Stop using the duty-free list

a) The customs authority shall stop using the duty-free list in case the project owner has not fully imported goods on the duty-free list and the duty-free list is still within the import period, including the following cases:

a.1) An investment project has its investment certificate revoked by a competent authority, and operations of the investment project are amended (such as adjustment of scale, objectives, location, etc. investment incentives) or the operations of the investment project are terminated;

a.2) An investment project that transfers all or part of a project eligible for investment incentives to other organizations or individuals as prescribed in Point d Clause 5 Article 31 of Decree No. 134/2016/ND- The CP is amended and supplemented in Clause 14, Article 1 of Decree No. 18/2021/ND-CP.

b) Time to stop using the duty-free list

b.1) As soon as practicable after the customs authority receives information from the investment authority or the competent authority or the project owner about the revocation of the investment certificate, adjustment of the operation of the investment project or termination the operation of the investment project;

b.2) As soon as practicable after the customs authority carries out the inspection and detects that the project has had its investment certificate revoked, its operation has been amended, or its operation has been terminated in accordance with the laws on investment and tax.

What are procedures for stopping the use of the duty-free list of exported and imported goods in Vietnam?

Pursuant to Point 1.c Article 5 Section 1 Chapter I of the Procedures for duty exemption, duty reduction, duty refund, duty cancellation, handling of overpaid duties, late payment interests, and fines for exported and imported goods issued together with the Decision 3394/QĐ-TCHQ in 2021 stipulating procedures for stopping the use of the duty-free list of exported and imported goods in Vietnam as follows:

c) Procedure for stopping the use of the duty-free list

c.1) The processing officer file shall make a report according to form No. 01/TT-TXNK issued together with this Procedure, the draft notification to the project owner about stopping the use of the duty-free list and withdrawing the deduction monitoring sheet for the case of the paper duty-free list, report to the head of division and submit it to the head of unit for approval. After the head approves, the processing officer shall do the following:

c.1.1) For the electronic duty-free list, the processing officer shall review and check the duty-free list, stop using the duty-free list through CTL (P-Code) and respond information to the project owner through the VNACCS.

c.1.2) For the paper duty-free list, the processing officer shall notify the project owner of the stop using the duty-free list and request the re-presentation of the original of the duty-free list enclosed with the attached deduction monitoring sheet for customs authorities.

After confirming the stop using the duty-free list and the deduction monitoring sheet, the customs authority shall keep the original of the deduction monitoring sheet and return the original copy of the duty-free list to the project owner and a photocopy of the deduction monitoring sheet.

c.2) The Customs Department that receives the duty-free list shall send a written notice to the affiliated Customs Sub-Departments and the Customs Department of the province or city of the stop using the duty-free list.

c.3) The customs authority where duty exemption has been processed according to the duty-free list shall collect tax and late payment interest in full, handle violations according to regulations (if any) in accordance with the terminated or adjusted project, notify handling results to the Customs Department where the duty-free list is received.

What are regulations on stopping the use of the duty-free list of exported and imported goods in Vietnam regarding the investment project with capital of at least 6.000 billion VND, but at least 6.000 billion VND has not been disbursed within 03 years?

Pursuant to Point 2 Article 5 Section 1 Chapter I of the Procedures for duty exemption, duty reduction, duty refund, duty cancellation, handling of overpaid duties, late payment interests, and fines for exported and imported goods issued together with the Decision 3394/QĐ-TCHQ in 2021 stipulating regulations on stopping the use of the duty-free list of exported and imported goods in Vietnam regarding the investment project with capital of at least 6.000 billion VND, but at least 6.000 billion VND has not been disbursed within 03 years as follows:

2. Regarding the investment project with capital of at least 6.000 billion VND, but at least 6.000 billion VND has not been disbursed within 03 days from the issuance date of the Certificate of Investment Registration or written approval for investment guidelines; or at least 6.000 billion VND has been disbursed within 03 days from the issuance date of the Certificate of Investment Registration or written approval for investment guidelines but the criterion for total revenue or employees is not satisfied with regulations of investment law, the customs authority shall do as follows:

a) The Customs Department that receives the duty-free list shall send a written notice to the affiliated Customs Sub-Departments and the Customs Department of the province or city that the duty exemption has not been processed according to the duty-free list.

b) The customs authority where duty exemption has been processed according to the duty-free list shall collect tax and late payment interest in full, handle violations according to regulations (if any) and notify handling results to the Customs Department where the duty-free list is received.

Best regards!