Vietnam: Application for debt cancellation for exports and imports

LAWNET would like to answer Ms. Ngan’s question as follows:

According to Clause 3 Article 136 of Circular No. 38/2015/TT-BTC amended by Clause 69 Article 1 of Circular No. 39/2018/TT-BTC of the Ministry of Finance of Vietnam, an application for debt cancellation for exports and imports consists of:

- Form No. 33/CVXN/TXNK in Appendix VI of Circular No. 38/2015/TT-BTC prepared by the Customs Department to which the taxpayer owes tax, late payment interest or fines that are eligible for cancellation: 01 original copy;

- The following documents may be required in certain situations:

+ A decision issued by a competent authority on the enterprise’s declaration of bankruptcy in the case an enterprise declared bankrupt has made payments in accordance with the bankruptcy law but has no assets to pay taxes, late payment interest, fines: 01 photocopy;

+ A death certificate or a court’s declaration of missing person; a court’s decision that a person is incapable of civil acts, or documents proving that a person is dead, missing or incapacitated in the cases where an individual is considered by law to be dead, missing, or has lost his/her civil act capacity but has no property to pay tax, late payment interest, or fine arrears: 01 photocopy;

+ Documents proving that tax, late payment interest and fines cannot be fully collected despite every effort or payment of which cannot be enforced in the cases specified in Clause 3 Article 65 of the Law on Tax administration, which is amended in Clause 20 Article 1 of the Law No. 21/2012/QH13: 01 photocopy.

Also according to Circular No. 38/2015/TT-BTC of the Ministry of Finance of Vietnam, procedures for debt cancellation for exports and imports are as follows:

- The Director of the Customs Department shall verify the documents and requests for debt cancellation, and send them to a competent authority as prescribed;

- The Director of the General Department of Customs shall consider debt cancellation in the cases within his/her competence or receive, verify the documents and requests for debt cancellation, and send them to the Ministry of Finance in the cases within the competence of the Ministry of Finance, or request the Ministry of Finance to send them to the Prime Minister in the cases within the competence of the Prime Minister;

- Presidents of the People’s Committee of the same province with the Customs Department to which the enterprise owes tax debt shall consider debt cancellation in the case within his/her competence.

View details on application for tax deferral for exports and imports HERE.

Nguyen Trinh

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