Instructions for FDI enterprises to register for tax exemption dossier

Manager of Investment Customs Branch Le Tuan Binh (middle) talks with businesses. Photo: T.H

According to the Investment Customs Branch, the unit has sent a document to enterprises that register for tax exemption dossiers at the Investment Customs Branch to guide the implementation.

Accordingly, based on Article 31 of the Government’s Decree No. 134/2016/ND-CP stipulates tax exemption dossiers and procedures when carrying out customs procedures, which is amended and supplemented in Clause 14, Article 1 of Decree No.18/2021/ND-CP of Government; Article 7 Article 8 Decision No. 3394/QD-TCHQ dated December 31, 2021, of the General Department of Vietnam Customs regulating on the inspection and handling of tax exemption dossiers;

Under Appendix II of Circular No. 38/2015/TT-BTC amended and supplemented in Appendix I of Circular No. 39/2018/TT-BTC dated April 20, 2018, of the Ministry of Finance guiding the declaration of information index related to electronic customs procedures and management regime for exported and imported goods,

If imported goods are on the List of goods subject to tax exemption, please declare in the box “Import license” on the VNACCS declaration with the content “DMTL + Registered duty-free list number”.

Previously, to help FDI enterprises to use the List of goods subject to tax exemption correctly and conveniently, the Investment Customs Branch had systematized many important contents to guide enterprises to implement.

Accordingly, for the List of goods subject to tax exemption whose import term has expired (the estimated time limit for ending importation was registered at the time of registration to the List), it is no longer valid for carrying out customs procedures, but the project continues to operate. Therefore, the enterprise is requested to send a notice of the termination of the import of goods on the List of goods subject to tax exemption and commit to using the imported goods which are exempted from tax for the proper purposes as prescribed by law and return the original deduction monitoring sheet to the Investment Customs Branch.

Annually, within 90 days from the end of the fiscal year, the enterprise is responsible for notifying the use of duty-free goods in the fiscal year to Investment Customs Branch until the whole project is terminated or the goods have been re-exported out of Vietnam, or the goods have been changed the use purpose or have been transferred to domestic consumption or have been destroyed.

Failure to submit the notice on the use of duty-free goods within the prescribed time limit will result in an administrative penalty following Point b, Clause 3, Article 7 of Decree No. 128/2020/ND-CP dated October 19, 2020, of the Government on sanctioning of administrative violations in the field of customs.