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Reviewing, stopping use of the List of tax exemptions

17:17 | 01/09/2022

VCN – Facing problems of the Ho Chi Minh City Customs Department regarding the request of enterprises on stopping the use of the List of tax exemptions, the General Department of Customs has provided specific instructions.

Imported goods will be subject to tax exemption if eligible Imported goods will be subject to tax exemption if eligible
There have been many policies on tax exemptions and deductions to support people and businesses There have been many policies on tax exemptions and deductions to support people and businesses
Tax exemptions for re-imported goods - As long as you have the paperwork Tax exemptions for re-imported goods - As long as you have the paperwork

Accordingly, Clause 11 Article 16 of the Law on Import and Export Duties provides for tax exemption on imported goods used to create fixed assets of subjects entitled to investment incentives in accordance with the investment law.

Article 30 of Decree 134/2016/ND-CP as amended and supplemented in Decree 18/2021/ND-CP stipulating the notification of the list of tax exemptions and Article 5 of Decision 3394/QD-TCHQ dated December 31, 2021 of the General Department of Customs, provide for the use of the list of tax exemptions.

Ho Chi Minh City Customs officers carry out procedures for businesses. Photo: Thu Hoa
Ho Chi Minh City Customs officers carry out procedures for businesses. Photo: Thu Hoa

According to the report by Ho Chi Minh City Customs Department, the tax exemption list No. 01-21 of Arevo Vietnam Co., Ltd. has an import deadline until July 31, 2021, currently, this list has expired for import, so it is invalid for customs clearance.

However, if Arevo Vietnam Co., Ltd. has a written request to stop using the List of Tax Exemptions, the General Department of Customs requests the Ho Chi Minh City Customs Department to apply the provisions in point c.1, c.2 Clause 1 Article 5 of Decision 3394/QD-TCHQ.

For the application of tax policy, the General Department of Customs requires Ho Chi Minh City Customs Department to review that the project of Arevo Vietnam Co., Ltd. will continue operation and the adjustment of the Investment Certificate (if any) does not affect the application of investment incentives and imported goods are still used for tax-free purposes, the customs authority will continue to monitor and manage them according to the tax exemption policy.

In particular, it is required that Arevo Vietnam Co., Ltd. is responsible for using duty-free goods in accordance with the law on customs, import-export tax and tax administration.

Regarding the announcement of the tax-exempt list, the General Department of Customs also requests Ho Chi Minh City Customs Department receives the tax-exempt list through the VNACCS system.

Policy on tax and fee exemption and reduction effective support to people and businesses Policy on tax and fee exemption and reduction effective support to people and businesses

If the system has a problem and the machinery and equipment must be imported many times and are not subject to quantity deduction at the importing time (referred to as the combination or chain), the written list of duty-free goods shall be received as prescribed in Point b, Clause 3, Article 30 of Decree 134/2016/ND-CP as amended and supplemented in Clause 13, Article 1 of Decree 18/2021/ND-CP, point b, Clause 7 of Decree 134/ 2016/ND-CP and guidance of the General Department of Customs in Official Dispatch 3245/TCHQ-TXNK dated June 28, 2021.

By Nu Bui/ Huyen Trang