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blue-check Uniform guidelines for some new regulations on customs supervision and control applicable to EPEs

Official letter No. 697/TCHQ-GSQL dated March 2nd, 2022 of the General Department of Vietnam Customs regarding implementation of clause 10 Article 1 of the Government's Decree No. 18/2021/ND-CP
Posted: 7/3/2022 2:25:32 PM | Latest updated: 29/4/2022 8:06:10 AM (GMT+7) | LuatVietnam: 5407 | Vietlaw: 551
VietlawOnline

This Official letter provides guidelines for uniform application of some regulations pertaining to conditions for customs supervision and inspection with regard to export processing enterprises (EPEs) as prescribed at clause 10 Article 1 of 18/2021/ND-CP, including:

- Minimum area of an EPE;

- Characters of hard fences;

- Customs management of an EPE's dependent branches established in areas other than the area of the EPE's head office;

- Duration of storing camera image data at EPEs;

- Tax policies applicable to EPEs that fail to meet the conditions for customs supervision and inspection;

Accordingly, the General Department of Vietnam Customs assumes that it cannot define minimum area of an EPE because applicable documents do not regulate this issue.

Regarding characters of hard fences, it is required to ensure the principle of “separating an EPE from the outside” and customs authorities shall base on each specific case (in terms of form, material, character of construction of hard fences) upon conducting physical inspection to evaluate the eligibility.

However, it is required to note that in case an EPE is established in an export processing zone without ordinary enterprises, the condition on hard fence shall be generally applied to the whole export processing zone. If the EPE is established in an export processing zone with ordinary enterprises, each EPE must have its own hard fence. In case the EPE hires, uses the same factory of the others, it is required to have hard fence surrounding the whole land area hired by the EPE.

Ms Phuong Thao (VietlawOnline.com)
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Related documents
blue-check 1446/TCHQ-GSQL
blue-check 1305/TCHQ-GSQLRegarding certification of EPEs’ eligibility for customs inspection and control after April 25th, 2022
blue-check 730/TCHQ-GSQLEPEs need to obtain the confirmation of customs supervision by cameras before April 25th, 2022
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Published Vietlaw's Newsletter No. 551
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Export processing enterprises