Decree No. 134/2016/ND-CP dated September 1st, 2016 of the Government on guidelines for the Law on export and import duties
This Decree defines dutiable subjects; application of import duty, export duty, time limit for payment of duties on imports, exports; exemption, reduction, and refund of import duty, export duty (Article 1) read more
In comparison with the earlier provisions, there are some noticeable new points in this Decree as follows:
- It is clearly regulated that goods imported, exported on the spot and goods of an export processing enterprise which exercises its rights to export, import or distribution are also the dutiable subjects (Article 2)
- It is supplemented the provision that if concessional rate of duty on an article specified in a concessional tariff schedule is lower than the special concessional rate specified in a special concessional tariff schedule, the former shall apply. Where duty is paid according to the special concessional rate which is higher than the concessional rate on the same article, overpaid duty shall be dealt with in accordance with tax administration laws (Article 3)
- It is supplemented the provision on duty-free allowance and application for duty exemption for goods of persons on entry, exit; duty -free allowance and application for duty exemption for exports, import being movable assets, gifts. The most noticeable point in this provision is that the number of times of duty exemption must not exceed 4 times per year (Article 8).
- It is supplemented the provision on duty exemption for goods imports, exported for the purpose of processing, export production (Article 10, Article 11)
- It is supplemented the provision on 5-year exemption from import duties on raw materials, that cannot be domestically manufactured and are imported to serve manufacturing activities of investment projects in the fields eligible for special investment incentives or located in extremely disadvantaged areas, hi-tech enterprises, science and technology enterprises (Article 15)
This Decree takes effect from September 1st, 2016 and replaces Decree No. 87/2010/ND-CP dated August 13th, 2010.
To abolish the provisions on exemption from export and import duties provided in these Decision: Decision No. 31/2015/QD-TTg dated August 4th, 2016, Decision No. 52/2015/QD-TTg dated October 20th, 2015, Decision No. 53/2013/QD-TTg dated September 13th, 2013 and Article 7 of Decision No. 219/2009/QD-TTg dated October 1st, 2009.
These Annexes are issued together with this Decree to be used as the bases for consideration of tax exemption: List of commodities and allowance for commodities serving work and life of diplomatic missions, consular offices and representative offices of foreign organizations in Vietnam (Annex I); List of commodities and allowance for commodities serving work and life of members of diplomatic missions, consular offices and representative offices of foreign organizations in Vietnam (Annex II); List of commodities and allowance for commodities serving work and life of other employees of diplomatic missions, consular offices and representative offices of foreign organizations in Vietnam (Annex III); List of fatal diseases (Annex IV); List of duty free allowances for goods traded by border residents (Annex V); List of prioritized medical equipment (Annex VI).
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