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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
VietlawOnline

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 (VietlawOnline.com)
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Effective Date 1-Sep-2016
ExpiredDate Unknown
Published Vietlaw's Newsletter No. 254

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Timeline

Import and export duties

blue-check Regarding duty on imports stored in bonded warehouses subject to destruction
blue-check Goods imported from bonded warehouses for export production shall be exempt from duty
blue-check Regarding anti-dumping duty on re-purposed goods
blue-check Goods imported from bonded warehouses for manufacture of goods for export shall be exempt from tax
blue-check Cane sugar products imported from August 8th, 2022 shall be imposed anti-dumping duty and countervailing duty
blue-check Import, export duties on leased, lent machinery shall not be exempt
blue-check Cases entitled to refund of import/export duty
blue-check Regarding determination of value of repurposed goods
blue-check Extending the investigation into imposition of anti-dumping duty on cane sugar products to July 21st, 2022
blue-check Regarding import duty exemption with regard to goods imported for processing under contract
blue-check Rules on application of anti-dumping and countervailing duties under the RCEP Agreement
blue-check Surcharges for transportation of goods from checkpoints to foreign countries shall be exempt from export duty
blue-check Schedule on problem resolutions regarding amendments to policies on import and export duties
blue-check Rules of imposition of anti-dumping, countervailing duties on goods imported from the United Kingdom of Great Britain
red-check Polyester yarn products shall be officially imposed anti-dumping duty from October 16th, 2021
blue-check Regarding selection to apply FTA
blue-check Regarding export duties on goods manufactured for export
blue-check Regarding export duty upon hiring processing of scrap outside Vietnam
blue-check From June 16th, 2021: Sugar products imported from Thailand shall be imposed official anti-dumping and countervailing duties
blue-check It is allowable making additional declaration for enjoyment of UKVFTA duty for goods imported from January 1st, 2021