How does the Law on export and import tax regulate trade defence?
Goods of a minimum value exempted from duties | |
Goods of a minimum value exempted from Customs duties | |
Application of policies in case of a new declaration for goods transferred to domestic consumption |
The Law on export tax and import tax 2016 has been upgraded with some provisions of tax-defence measures to contribute to the protection of domestic production. Photo: Thu Trang. |
In fact, the tax-defence measures such as safeguard tax, anti-dumping tax, anti-subsidy tax and anti-discrimination tax in imports are specified in Clause 2 and Clause 3 of Article 5 and Article 11 of the Law on export tax and import tax 2005, but does not cover all the necessary provisions to apply these taxes.
In addition to the provisions of Law on export tax and import tax 2005, the application of these taxes must comply with the provisions in the Ordinance on Anti-dumping No. 20/2004 / PL-UBTVQH11 04/29/2004, the Ordinance on Anti-subsidy No. 22/2004 / PL-UBTVQH11, and the Ordinance on Safeguards No. 42/2002 / PL-UBTVQH10 issued by the Standing Committee of the National Assembly.
Therefore, in order to contribute to the protection of domestic production, the Law on export tax and import tax 2016 has been upgraded with some provisions currently prescribed in three Ordinances (Anti-dumping tax, anti-subsidy tax, safeguard tax) to determine the conditions and principles for application of the three taxes in the Law on export tax and import tax, protecting domestic production which may be affected or threatened by acts of dumping, subsidies and discrimination of trading partners.
The upgraded contents of the Law on export tax and import tax are the most common regulations (conditions, rules, duration of application) in relation to tax, not abolishing other contents in the three Ordinances.
It can be seen that tranferring the legal provisions of the Ordinances into the Law on export tax and import tax 2016 is consistent with the general policy of the Government in transparency of the process of finalizing the laws in Vietnam.
Under current international experience, trade defence measures play an important role in the trade policy of the country which are applied to protect domestic industries from foreign competitors and are used as barriers for market entry, including: anti-dumping, anti-subsidy and safeguard measures.
Anti-dumping and anti-subsidy are applied to deal with acts of unfair competition from imported goods. While anti-dumping measures are to deal with the act of selling products at low prices to dominate the market and eliminate the competitors, the anti-subsidy measures are applied to protect domestic manufacturing industry from the special policies of foreign countries’ subsidies for export.
Safeguard measures are considered as tools to protect domestic manufacturing, which shall be applied in cases of emergency including abnormal increase of imports or unfavorable conditions for domestic production.
According to the Law on export tax and import tax 2016, the entire Chapter III (Articles 12, 13, 14, 15) on anti-dumping tax, anti-subsidy tax and safeguard tax, states that the Ministry of Industry and Trade is the agency determining the application of anti-dumping tax, anti-subsidy tax and safeguard tax for specific cases.
Conditions for products processed from imported minerals to enjoy a 0% VAT rate VCN- Hanoi Department of Taxation has provided guidance for the policy which regulates a 0% VAT rate ... |
Until now, the Ministry of Industry and Trade has applied safeguard measures against imported goods such as: vegetable oil, billet and steel products, monosodium glutamate from several countries; and anti-dumping tax on imported goods such as stainless steel with a thickness of less than 3.5mm from some countries. Currently, the Ministry of Industry and Trade has not applied anti-subsidy tax for any items.
Related News
To maintain its billion-dollar export position, forestry and fisheries enterprises propose additional credit limits
06:15 | 28/04/2024 Import-Export
Risk prevention solutions for processing and export manufacturing businesses
07:52 | 29/04/2024 Regulations
Latest News
Seafood exporters are worried about some inadequacies from the two new decrees
06:47 | 30/04/2024 Regulations
Reporting to the National Assembly for considering VAT reduction in the second half of 2024
17:09 | 14/04/2024 Regulations
The Prime Minister requested that before April 25, complete the revision of regulations on import and export of medicinal materials
10:33 | 13/04/2024 Regulations
No need to reduce the output of manufacturing and assembling automobile to enjoy preferential tariff
09:09 | 11/04/2024 Regulations
More News
Hundreds of tons of cinnamon essential oil are left in inventory due to export regulations
09:31 | 10/04/2024 Regulations
Business suspension of temporary import and re-export of Monazite ores and ore concentrates will be valid on May 13th
20:09 | 07/04/2024 Regulations
Improving the customs legal system to be modern, synchronous, unified and transparent
10:33 | 07/04/2024 Regulations
New points about rules of origin in AKFTA
08:05 | 03/04/2024 Regulations
It is necessary to build a national database on cross-border trade and transport
15:23 | 29/03/2024 Regulations
Removing difficulties in tax exemption and refund policies for export processing enterprises
14:48 | 27/03/2024 Regulations
Reviewing the list of scrap that is temporarily suspended from temporary import and re-export business
15:41 | 24/03/2024 Regulations
New law expected to boost financial leasing
14:05 | 22/03/2024 Regulations
5% VAT on fertilisers to create fairer market: domestic producers
14:03 | 22/03/2024 Regulations
Your care
Seafood exporters are worried about some inadequacies from the two new decrees
06:47 | 30/04/2024 Regulations
Risk prevention solutions for processing and export manufacturing businesses
07:52 | 29/04/2024 Regulations
Reporting to the National Assembly for considering VAT reduction in the second half of 2024
17:09 | 14/04/2024 Regulations
The Prime Minister requested that before April 25, complete the revision of regulations on import and export of medicinal materials
10:33 | 13/04/2024 Regulations
No need to reduce the output of manufacturing and assembling automobile to enjoy preferential tariff
09:09 | 11/04/2024 Regulations