Regulations on duty-free allowances in Vietnam

Regulations on duty-free allowances in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on duty-free allowances in Vietnam

Pursuant to Article 8 of Decree 100/2020/ND-CP, regulations on duty-free allowanceses in Vietnam are as follows:

- Persons exiting/transiting through Vietnam, passengers on international flights departing from Vietnam or persons waiting to exit Vietnam provided for in Clause 1 Article 3 of Decree 100/2020/ND-CP may buy duty-free goods without any restriction in terms of quantity and value but they shall take responsibility for procedures and allowance imposed by the arriving country.

- Duty-free allowances for passengers on international flights to Vietnam and persons entering Vietnam provided for in Clause 2 and Clause 3 Article 3 of Decree 100/2020/ND-CP are stipulated in Clause 1 and Clause 2 Article 6 of Decree 134/2016/ND-CP.

- Duty-free allowances for entities provided for in Clause 4 Article 3 of Decree 100/2020/ND-CP are stipulated in Article 5 of Decree 134/2016/ND-CP.

- For persons provided for in Points a and b Clause 5 Article 3 of Decree 100/2020/ND-CP, who may buy duty-free goods for personal use and for daily living of the crew of a vessel sailing international route while it is at anchor in a Vietnamese seaport, allowance for each crew member each time the vessel is at anchor in a Vietnamese seaport:

+ 1,5 liter of alcohol whose alcohol content is at least 20 degrees; or 2,0 liter of alcohol whose alcohol content is under 20 degrees; or 3,0 liter of alcoholic beverages and beer.

For alcohol contained in a bottle, jar or can (hereinafter referred to as "bottle”) whose capacity is higher than the permitted allowance but less than 01 liter, the whole bottle may be exempt from duty. If the bottle’s capacity is more than 01 liter, the contents in excess of the permitted allowance shall be liable to duty as per the law;

+ 200 cigarettes or 250 gram of shredded tobacco or 20 cigars.

- Persons provided for in Point c Clause 5 Article 3 of Decree 100/2020/ND-CP may buy duty-free goods without any restriction in terms of quantity and value for use on a vessel operating outside of Vietnam’s territorial waters after it exits Vietnam.

2. Regulations on goods sold in duty-free shops in Vietnam

Pursuant to Article 6 of Decree 100/2020/ND-CP, goods sold in duty-free shops in Vietnam are as follows:

- Goods that may be sold in duty-free shops include goods temporarily imported, goods from free trade zones and bonded warehouses; and domestically manufactured goods permitted to be traded in accordance with regulations of Vietnamese law.

Goods temporarily imported and goods from free trade zones and bonded warehouses that are sold in duty-free shops shall not be included in list of goods prohibited from import and list of goods subject to suspension of temporary import according to regulations of laws on foreign trade management.

Goods from domestic market permitted for sale under Vietnamese law and sold in duty-free shops shall not be included in list of goods prohibited from import and list of goods subject to suspension of temporary import. Goods subject to conditional export shall be sold in duty-free shops in compliance with conditions prescribed by law.

- Goods from domestic market permitted for sale under Vietnamese law and sold in duty-free shops shall be subject to management and supervision by customs authorities based on list of goods delivered to duty-free shops/duty-free goods warehouses notified by the duty-free business.

- Goods sold in duty-free shops shall be stored in duty-free shops/duty-free goods warehouses of duty-free businesses.

- Time limit for storage of goods in duty-free shops is provided for in Point a Clause 2 Article 47 of the Law on Customs 2014.

- Tobacco, cigarettes and alcohol sold in duty-free shops must bear the “VIET NAM DUTY NOT PAID” stamp issued by the Ministry of Finance. This stamp shall be affixed at locations provided for in Appendix I enclosed therewith.

The stamp must be affixed to a product before it is sold in the duty-free shop or before it is delivered to the buyer in case it is delivered directly from the duty-free goods warehouse to the buyer.

- For broken, damaged, degraded, poor quality or expired goods that cannot be sold, the duty-free business shall make a record of the condition of the goods to be disposed of (with confirmation from the customs sub-department managing the duty-free shop/duty-free goods warehouse) and dispose of the goods as per the law.

Before disposal, the business must submit a detailed disposal plan to the customs sub-department managing the duty-free shop/duty-free goods warehouse for supervision of the disposal as per the law.

- For sample products, product samples (perfume test strips, alcohol, cosmetics, perfumes, etc.), and bags and packaging imported to hold duty-free products purchased, duty-free businesses shall manage these types of goods separately, ensure that they are used for the intended purpose and submit final accounts to customs authorities according to regulations in Article 24 of Decree 100/2020/ND-CP.

Ho Quoc Tuan

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