Tax policy applicable to goods re-imported

(Daiphuc corp) - To respond to the official letter no 08092020/CV-PVN dated 8th September 2020 of  Piaggio Vietnam Ltd. Company regarding obstacles in relation to tax policy applicable to goods, on 7th October 7/10/2020 Import – Export Tax Department (General Department of Customs) issued the official letter no 10897/TXNK-CST guiding as follows:
 
 
Clause 1 Article 2 of Law on Export Duties, Import Duties no 107/2016/QH13 provides that goods exported or imported across border or border gates of Vietnam are subject to export duties, import duties;

Point b Clause 1 Article 19 of Law on Export Duties, Import Duties no 107/2016/QH13 provides that taxpayers those paid export duty but goods are re-imported are refunded the export duty and not subject to import duty;
 
Clause 2 Article 19 of Law on Export Duties, Import Duties no 107/2016/QH13 provides that goods as provided in Points a, b and c Clause 1 of this Article are refunded if they have not yet been used or processed;
 
Article 33 of the Decree 134/2016/NĐ-CP dated 1st September 2016 of Government provides tax refund for exported goods re-imported;
 
Article 33 of the Decree 8/2015/NĐ-CP dated 21st January 2015 of Government provides customs procedures for re-importing exported goods;
 
The official letter no 2765/TCHQ-GSQL dated 1st April 2015 of General Department of Customs guides procedures for refunding and re-importing exported goods;
 
Based on the above legal provisions and guideline, in case where exported goods on which export duty was paid are re-imported, then the export duty already paid will be refund and the re-imported goods are not subject to import duty; provided that the re-imported goods have not yet been used or processed. Dossiers and procedures for refunding comply with provisions as provided for in the Article 33 of the Decree 134/2016/NĐ-CP dated 1st September 2016 of Government.
 
In case where exported goods are re-imported to repair to be exported late on, then upon exporting exporters have to file and pay export duties (if any)  in accordance with provisions.
 
Regarding the code of import – export type, in case where enterprises re-import exported goods which are returned to repair (to re-process) and export these goods to foreign clients later on, then the enterprises use the code of import – export type A31 upon re-importing, and the code of import – export type B13 upon re-importing.
 
It requests that the Company base on the above legal provisions and guideline to implement. In case where there are any obstacles the Company contacts the customs authority where customs procedures are cleared to be guided in detail. 
Vietnam taxation magazine
 

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