How to enjoy preferential import tax rate from Laos?

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Customs officials of Lao Bao Border Gate Customs Branch (under Quang Tri Customs Department) inspect imported goods. Photo: Q.H

The Ministry of Industry and Trade has issued Circular 56/2018/TT-BTC guiding the implementation of a number of articles of the Vietnam - Laos Border Trade Agreement between the Government of the Socialist Republic of Vietnam and the Lao People's Democratic Republic.

Accordingly, the Circular applies to Vietnamese traders operating in Vietnam, having to register border trading activities in Vietnam-Laos border provinces under processes and procedures in this circular, for being entitled to the preferential policy in the agreement. This applies to Vietnamese and Laos border residents; for Vietnamese enterprises which have invested in production, farming and planting in Lao provinces adjacent to Vietnam borders; and for other organizations and individuals engaged in Vietnam - Laos border trade activities.

The Circular specifies that the goods imported by traders shall enjoy preferential import tax rate under Clause 1, Article 6 of the Vietnam-Laos Border Trade Agreement, if they have Certificate of Origin form S issued by a competent authority of Lao PDR.

Border traders, who import goods to Vietnam under provisions in Article 7 and Clause 2, Article 13 of the Vietnam-Laos Border Trade Agreement, must submit the following documents for implementation of import procedures: A document issued by the provincial Industry and Trade Department or district Industry and Trade Department at Lao border gates, which certifies that goods are produced at and by investment projects of Vietnamese investors; a written confirmation issued by a competent authority of Lao PDR, which certifies that goods are inspected and met standards on quality, quarantine and foods safety.

Also, according to the Circular, border residents as prescribed in Clause 1, Article 5 of the Vietnam-Laos Border Trade Agreement are allowed to buy, sell and exchange goods across border gates and enjoy duty exemption rate as per provisions in Article 13, Decree 14/2018/ND-CP and Circular 02/2018/TT-BTC dated 27th February 2018 of the Ministry of Industry and Trade, detailing the List of goods traded and exchanged by border residents.

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Crops, domestic animals and goods, produced by residents in the border districts of Laos are subject to tax incentives provided in Clause 4, Article 5 of the Vietnam-Laos Border Trade Agreement, and when carrying out import procedures the following documents are required: A certificate for goods produced by residents at border districts of Lao PDR and issued by the Industry and Trade Department of border districts of Lao PDR; a Certificate on quarantine, quality control and food safety issued by a competent authority of Lao PDR.

The Circular replaces Circular 10/2016/TT-BTC dated 1st July 2017 of the Ministry of Industry and Trade, guiding the implementation of a number of articles of the Vietnam-Laos Border Trade Agreement between the Government of the Socialist Republic of Vietnam and the Lao People's Democratic Republic.

The Circular will take effect from 19th January 2019.