Decree No. 18/2021/ND-CP dated March 11th, 2021 of the Government on amendments to some Articles of the Government’s Decree No. 134/2016/ND-CP dated September 01, 2016 elaborating the Law on Export and import duties

A lot of policies on import and export duties are amended at this Decree, including: application of MFN duty, FTA duty to goods imported/exported on the spot; duty exemption given to goods processed, manufactured for export; duty exemption given to goods as fixed assets of projects entitled to investment incentives; 5-year duty exemption given to materials that cannot be domestically manufactured; duty-free quota on gifts, etc.

One of the most noticeable amendments is that this Decree supplements the regulation on how to apply duty rates to goods exported/imported on the spot (Clause 1 Article 1). Accordingly, goods exported on the spot shall be entitled to apply the export duty rates promulgated at Decree No. 122/2016/ND-CP and Decree No. 57/2020/ND-CP . With regard to goods imported on the spot, if they are imported within the inland market, they shall be entitled to apply the preferential import duty rates (the MFN duty promulgated at Decree No. 125/2017/ND-CP and Decree No. 57/2020/ND-CP ); If they are imported from non-tariff zones, they shall be entitled to apply the special preferential duty rates (the FTA duty according to free trade agreements under which the shipments meet origin criteria).

With regard to goods processed for export, if they are exported on the spot (they are delivered and received within the Vietnamese territory), they shall be also exempt from export duty.

Import duty on materials for goods manufactured for export shall be also exempt regardless of hiring the processing.

This Decree takes effect from April 25th, 2021.

The following regulations of Decree No. 134/2016/ND-CP are annulled: Point c Clause 3 Article 8, Point b Clause 4 Article 20, Clause 1 Article 29; the phrase: "(đối với trường hợp miễn thuế trước khi làm thủ tục hải quan) hoặc Mẫu số 03b tại Phụ lục VII ban hành kèm theo Nghị định này (đối với trường hợp đề nghị miễn thuế sau khi làm thủ tục hải quan" (“(if duty exemption is granted before customs procedures are completed) or Form 03b in Appendix VII enclosed herewith (if duty exemption is applied for after customs procedures is completed”) in Point a Clause 3 of Article 20; the phrase “Trường hợp đề nghị miễn thuế trước khi làm thủ tục hải quan” (“If duty exemption is applied for before customs procedures are completed”) in Point a Clause 4 of Article 20; the phrase "khoản 2 Điều 8" (“Clause 2 Article 8") in Clause 4 of Article 31; the phrase “Trường hợp hàng hóa thuộc diện được hoàn thuế nhưng chưa nộp thuế hoặc không phải nộp thuế theo quy định tại Điều 19 Luật Thuế xuất khẩu, thuế nhập khẩu, hồ sơ, thủ tục thực hiện như hồ sơ, thủ tục hoàn thuế” (“If the goods are eligible for duty refund but duty has not been paid or is cancelled as prescribed in Article 19 of the Law on Export and Import Duties, documents and procedures are the same as those for duty refund”) in Clause 3 Article 33, Clause 3 Article 34, Clause 3 Article 35, Clause 6 Article 36, Clause 4 Article 37.

The following Circulars are annulled: Circular No. 90/2011/TT-BTC dated June 20th, 2011; Circular No. 201/2012/TT-BTC dated November 16th, 2012; Circular No. 81/2013/TT-BTC dated June 19th, 2013; Circular No. 116/2013/TT-BTC dated August 20th, 2013.

Article 5 of Circular No. 83/2016/TT-BTC dated June 17th, 2016 is annulled.

All forms in relation to duty exemption, duty reduction, duty refund, duty cancellation at Annex VII of Decree No. 134/2016/ND-CP shall be replaced by those at Annex VII of this Decree.

Appendix VIIa regarding declaration criteria for imports, exports and Appendix VIII regarding List of unprocessed agricultural products are added.