blue-check The Law on export and import duties 2016

Law No. 107/2016/QH13 dated April 06th, 2016 of the National Assembly on export and import duties
Posted: 28/4/2016 1:40:05 PM | Latest updated: 20/8/2022 11:07:58 AM (GMT+7) | LuatVietnam: 3961 | Vietlaw: 254

This Law provides for taxed goods, taxpayers, basis for tax calculation, time for tax calculation, tariff schedules, anti-dumping duty, countervailing duty, safeguard duty imposed upon exports and imports; tax exemption, tax reduction, refund of export and import duties

In comparison with the provisions provided in the earlier Law, Clause 3 Article 2 of this Law clarifies that taxed goods shall include goods exported-imported on the spot; goods exported and imported by enterprises exercising their right to export, import; goods traded by foreign direct investment enterprises (FDI enterprises) exercising their right to distribute. However, the Government shall regulate in details the taxed goods according to the new Law

Regarding basis for calculation of import and export duties, apart from the proportional duty and fixed duty, this Law adds the mixed duty. Mixed duty means the total amount of proportional duty and fixed duty (Article 6)

Tax payment deadline is also amended under this Law. Accordingly, duties on exports and imports have to be paid before customs clearance, except for the case of having guarantee for the amount of tax payable or the taxpayer is given priority. Under the earlier Law, the payment deadline for duties on imports, exports is within 30 days as from the date of registration of the customs declaration; particularly, the payment deadline for duties on materials imported for export production, on goods temporarily imported for re-export is 275 days and 15 days, respectively (Article 9)

This Law takes effect from September 01st, 2016 and replaces the Law on import and export duties No. 45/2005/QH11status1 dated June 14th, 2005.

Ms Phuong Thao (
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Published Vietlaw's Newsletter No. 254

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