Subjects of import and export tax in Vietnam

What are the regulations on the subjects of import and export tax in Vietnam? - Thanh Lam (HCMC, Vietnam)

Subjects of import and export tax in Vietnam (Internet image) 

1. Subjects of import and export tax in Vietnam

Pursuant to Article 2 of the Law on Export and import duties 2016, the subjects subject to import and export tax are as follows:

- Goods exported and imported through Vietnam’s border and checkpoints.

- Goods exported from the domestic market into export processing enterprises, export processing zones, tax-suspension warehouses, bonded warehouses and other free trade zones defined in Clause 1 Article 4 of the Law on Export and import duties 2016;

- Goods imported from export processing enterprises, export processing zones, tax-suspension warehouses, bonded warehouses and other free trade zones defined in Clause 1 Article 4 of the Law on Export and import duties 2016 into the domestic market.

- Provisions of Decree 08/2015/ND-CP 5 shall apply to the exports delivered to domestic processors specified in Clause 3 Article 2 of the Law on Export and import duties 2016.

- Goods of an export processing enterprise which exercises its rights to export, import or distribution specified in Clause 3 Article 2 of the Law on Export and import duties 2016 are:

Goods exported or imported by the export processing enterprise to exercise such rights in accordance with trading and investment laws.

2. Import and export tax payers in Vietnam

Article 3 of the Law on Export and import duties 2016 stipulates taxpayers as follows:

- Owners of exports and imports.

-. Entrusted exporters and importers.

- People entering and leaving Vietnam carrying exports or imports, sending or receiving goods through Vietnam’s border and border checkpoints.

- Taxpayers’ guarantors and other entities authorized to pay tax on behalf of taxpayers, including:

+ Customs brokerage agents in case authorized by the taxpayer to pay export and import duties;

+ Providers of postal services or international express mail services paying tax on behalf of taxpayers;

+ Credit institutions or other organizations operating under the Law on credit institutions that provide guarantee or pay tax on behalf of taxpayers;

+ People authorized by goods owners in case goods are gifts of individuals; any luggage sent before or after its owner’s arrival or departure;

+ Any branch of an enterprise authorized to pay tax on its behalf;

+ Other people authorized to pay tax on behalf of taxpayers as prescribed by law.

- Any person who purchases or transports goods within the tax-free allowance applied to border residents which are sold domestically instead of being consumed or used for manufacture; foreign traders permitted to deal in exports and imports at bordering markets as prescribed by law.

- Owners of exports or imports that are initially tax-free but then taxed.

- Other cases prescribed by law.

3.Tax payment deadline in Vietnam

In Article 9 of the Law on Export and import duties 2016, the deadline for paying import and export tax in Vietnam is as follows:

- Duties on exports and imports have to be paid before customs clearance or release as prescribed by the Law on Customs, except for the case in Clause 2 of Article 9 of the Law on Export and import duties 2016.

Where a credit institution provides guarantee for the amount of tax payable, customs clearance or release shall be granted.

However, late payment interest shall be paid for the period from the date of customs clearance or release to the tax payment date in accordance with the Law on Tax administration.

The guarantee period shall not exceed 30 days from the day on which the customs declaration is registered.

If the taxpayer fails to pay tax and late payment interest by the end of the guarantee period, the guarantor shall fully pay tax and late payment interest on behalf of the taxpayer.

- The taxpayer given priority as prescribed by the Law on Customs shall pay tax on the customs declarations granted customs clearance or release in the month by the 10th of the next month.

If the taxpayer fails to pay tax by the aforesaid deadline, the taxpayer shall fully pay outstanding tax and late payment interest as prescribed by the Law on Tax administration.

Ngoc Nhi

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