Tax policy for re-imported goods of export processing enterprises

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Officers of Quang Ngai guide procedures for export processing enterprises. Photo: Thu Hoa

The GDVC cites the provisions of Point c, Clause 4, Article 2 of the Law on Import and Export Duty as saying that the import and export duty does not apply to goods exported from a non-tariff zone abroad; goods imported from abroad to the non-tariff zone and goods only used in the non-tariff zone; goods transferred from one non-tariff zone to another.

Clause 1, Article 4 of the Import and Export Duty provides that a non-tariff zone is an economic zone located within Vietnam’s territory, established in accordance with the law, having a definite geographic boundary, and separated from the outer area by hard fences in order to facilitate customs inspection and control by the customs authority and relevant agencies with regard to exports and imports, inbound and outbound vehicles and passengers; the trading relationship between the non-tariff zone and the outside area is considered for exportation and importation.

Clause 3, Article 26 of Decree No.35/2022/ND-CP of the Government provides that export processing enterprises will be entitled to investment incentives and tax policies applied to non-tariff zones from the date of establishment stated in the investment registration certificate, the revised or updated investment registration certificate or the export processing enterprise certificate of the competent investment registration agencies. After the construction of an export processing enterprise is completed, its conformance to the customs inspection and supervision conditions prescribed in the Law on Import and Export Duty must be certified before its official entry into operation.

Where an export processing enterprise does not obtain certification of conformance to the customs inspection and supervision conditions, it will not be entitled to tax policies applied to the non-tariff zone. The process for inspecting and certifying an export processing enterprise’s conformance and improvements in conformance to the customs inspection and supervision conditions will comply with the Law on Import and Export Duty.

The General Department of Vietnam Customs, if the export processing enterprise meets regulations in Clause 1, Article 4 of the Law on Import Duty as saying that the goods imported from abroad to the export processing enterprises are not subject to import duty; goods exported from export processing zones to foreign countries or exported to other non-tariff zones are not subject to export duty.

Regarding the declaration code for the re-import of exported goods for repair, recycling, and then re-export, on May 18, 2021, the General Department of Vietnam Customs issued Decision No. 1357/QD-TCHQ instructing local customs units and enterprises on the code of customs declaration forms for import and export goods. Accordingly, Hanaro TNS Vietnam Co., Ltd should follow the instructions in number 19, section 2 of Decision No.1357/QD-TCHQ.

The General Department of Vietnam Customs asked Hanaro TNS Vietnam Co., Ltd to comply with the Customs where it carries out customs procedures for instruction.