Transfer dossier to verify if detecting suspicious signs in donating cars

	31 imported cars subject to gifts or donations shall be investigated
	The condition to import used automobiles as gifts donations
	What are the procedures for the imported automobiles as gifts, donations?

Customs officers of Cai Lan Seaport Customs Branch inspect imported cars. Photo: T.T

This car is a Lexus LS500 brand, 5 seats, made in Japan in 2018 with 3.5 litre capacity.Previously, Ho Chi Minh City Customs Department consulted with the General Department of Vietnam Customs to grant the import license for imported cars in the form of gifts or donations. Specifically, at the end of 2018, the Department received an official letter from Hong Thinh Pawn Service Co., Ltd., in District 5, Ho Chi Minh City, asking for the import of a car in the form of gifts and donations presented by AMERICAN TRADING Company (USA).

Ho Chi Minh City Customs Department asked the General Department of Vietnam Customs concerning the stated reason, “according to the good relationship between the two companies and to expand the consultation and business under the agreement between the two companies", whether it is eligible to issue the import license as prescribed in Circular 143/2015 / TT-BTC or not?

Facing the problem of local customs departments, the General Department of Vietnam Customs issued an official letter to instruct municipal and provincial customs departments to carry out procedures for granting the import license for cars in the form of gifts and donations.

Specifically, the current procedures for granting the import license for cars and motorcycles shall comply with the provisions of Circular 143/2015/TT-BTC.

If there are suspicious signs and insufficient basis for granting the import license, and there is an insufficient basis to conclude the licensing process (the license time according to regulations), the procedures shall be implemented in accordance with provisions and the dossier shall be transferred to competent units to verify. If detecting violations, they shall be handled according to law provisions.

Regarding this problem, at the end of 2018, the General Department of Vietnam Customs issued an official letter to request municipal and provincial customs departments to check and review dossiers of cars imported in the form of donations and gifts before and after 1 July 2016 (the effective date of the Law No. 106/2016/QH13 dated 6 April 2016 amending and supplementing a number of articles of the Law on VAT, the Law on Special Consumption Tax and the Law on Tax Administration) to present date.

If detecting the dossier declared as donations and gifts, but there are suspicious signs that the goods are not donations and gifts, the investigation and clarification must be implemented to handle in accordance with provisions of the law.

What are the procedures for the imported automobiles as gifts, donations? VCN- Customs News received a question from a reader on the Customs procedures and the Import Duty ...

In case of the inappropriate application of import duty, special consumption tax and VAT at the import period, the tax imposition, tax arrears and violation handling (if any) shall be implemented in accordance with the provisions of the law.

The General Department of Vietnam Customs has requested local customs departments to report and propose the handling plans to the General Department for the instruction of the implementation.