Second Draft of the Law on excise tax (amended) proposes cases where returned exported goods are exempt from excise tax in Vietnam
Proposal not to collect excise tax on exported goods that are returned (Image from Internet)
According to Article 3 of the Second Draft of the Law on excise tax (amended), goods specified in Clause 1, Article 2 of the Draft Law are not subject to excise tax in certain cases, including goods exported to foreign countries but returned by those countries upon import:
- Goods produced, processed, directly exported abroad by organizations, individuals, or sold, consigned to other business organizations, individuals for export abroad.
- Imported goods include:
+ Humanitarian aid, non-refundable aid including imported goods funded by non-refundable aid approved by competent authorities, humanitarian assistance, emergency relief to overcome the consequences of war, natural disasters, epidemics; gifts from foreign organizations, individuals to state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, people's armed units, public service providers within the tax exemption limit according to regulations of export and import tax laws; gifts for individuals in Vietnam within the tax exemption limit according to export and import tax laws.
+ Goods in transit according to commercial law regulations, transshipment goods, transshipment under customs law regulations.
+ Temporarily imported goods, re-exported goods, temporarily exported goods, re-imported goods are not subject to import tax, export tax within the period prescribed by export and import tax laws. In case of exceeding the re-export, re-import period or selling/change of use purpose within the temporary import, temporary export period, business organizations, individuals must pay special consumption tax.
+ Items of foreign organizations, individuals according to diplomatic exemption standards; goods carried by passengers within import baggage exemption standards under export and import tax laws; goods imported and sold at duty-free shops according to the law.
+ Goods exported to foreign countries but returned upon import.
- Airplanes, helicopters, gliders, yachts for business transport of goods, passengers, tourists and airplanes, helicopters, gliders used for security, defense, pilot training, pesticide spraying, firefighting, filming, photographing, mapping.
- Ambulance cars; prisoner transport cars; hearses; cars designed with both seating and standing areas for 24 people or more; passenger cars, four-wheeled motorized passenger cars not registered for circulation, not participating in traffic, and only operating within amusement parks, entertainment areas, sports areas, historical sites, hospitals, schools, and other specialized cars according to the Government of Vietnam regulations.
The Draft Law also proposes to remove Clause 5, Article 3 of the Law on excise tax 2008: “Goods imported from abroad into non-tariff zones, goods sold domestically into non-tariff zones and used only within non-tariff zones, goods purchased and sold between non-tariff zones, except passenger cars with less than 24 seats”.
Tran Trong Tin
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