Customs Procedures and Import Tax Refund for FDI Enterprises When Re-exporting Imported Goods
- phanhoainamba
- Jun 7, 2024
- 2 min read
Based on Official Letter No. 2269/TCHQ-TXNK Dated May 23, 2024, from the General Department of Customs on Customs Procedures and Import Tax Refunds
1. Export and Import Rights of Foreign-Invested Enterprises:
Legal Basis: Clause 1, Article 7 of Decree No. 09/2018/ND-CP dated January 15, 2018.
Regulations: Foreign-invested enterprises with export rights can export the following types of goods:
Goods purchased in Vietnam.
Goods processed in Vietnam by the enterprise.
Legally imported goods into Vietnam that are re-exported abroad or into special customs zones.
Note: Enterprises must comply with the provisions of the Foreign Trade Management Law No. 05/2017/QH14 and Decree No. 09/2018/ND-CP dated January 15, 2018.
2. Customs Procedures for Export and Import Goods:
Legal Basis: Article 87 of Circular No. 38/2015/TT-BTC dated March 25, 2015.
Regulations: The documentation and customs procedures for export and import goods are detailed in Circular No. 38/2015/TT-BTC.
Recommendation: Enterprises should refer to the actual situation and align with the above regulations to prepare documentation and accurately perform customs procedures.
3. Use of Customs Procedure Codes:
Code B13: Applied to goods that have been imported (including under the rights of foreign-invested enterprises) and then exported in their original condition, unused, unprocessed, or unmodified (including under the rights of foreign-invested enterprises) abroad or into non-tariff zones.
Code A41: Applied to cases where an enterprise has been granted import rights and imports goods under these rights.
4. Import Tax Refunds:
Conditions:
The enterprise has paid import tax.
The imported goods must be re-exported.
The goods must be unused, unprocessed, and unmodified.
Documentation: Enterprises must prepare documents as specified in Clause 2, Article 34 of Decree No. 134/2016/ND-CP dated September 1, 2016, as amended and supplemented by Clause 17, Article 1 of Decree No. 18/2021/ND-CP dated March 11, 2021.
Note: Enterprises must accurately and truthfully declare information about re-exported goods on the customs declaration form.
Contact W&A for more detailed information!
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