Procedures for applying preferential export tariffs under the EVFTA in Vietnam

According to Vietnam's Decree 116/2022/ND-CP, the procedure for applying preferential export tariffs under the EVFTA is as follows:

- When performing customs procedures, the customs declarant shall:

Make export declarations, apply export tax rates, calculate and pay taxes according to the Export Tariff according to the List of taxable items in the Decree on the Schedules of import tariff and preferential import tariff, list of goods and its flat tax, compound tariff, and out-of-quota import tariff.

- Within 01 year from the date of registration of the export declaration, the customs declarant shall:

+ Submit all documents proving that the goods meet the requirements at Points b and c, Clause 2, Article 4 of Vietnam's Decree 116/2022/ND-CP;

+ Make additional declarations to apply the preferential export tax rates under the EVFTA.

Past the one-year period mentioned above, exported goods are not eligible for preferential export tax rates under the EVFTA.

- The customs authority shall examine the dossiers and examine the preferential export tax rates according to the Preferential Export Tariffs specified in Appendix I issued together with Vietnam's Decree 116/2022/ND-CP:

If the exported goods fully satisfy the conditions specified in Clause 2 of this Article, the preferential export tax rate according to the EVFTA shall be applied, and the overpaid tax shall be handled for the customs declarant according to the provisions of the law on tax administration.

Vietnam's Decree 116/2022/ND-CP takes effect from December 30, 2022 and replaces Vietnam's Decree 111/2020/NĐ-CP.

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