1. Tax exempt objects
Enterprises importing goods to create fixed assets under investment projects in the List of industries and occupations eligible for investment incentives Issued with Appendix II and III of Decree No. 31/2021/ND-CP dated December 26 03/2021 of the Government, investment law No. 61/2020/QH14 dated June 17, 2020 or investing in industrial parks and export processing zones established according to the Government’s regulations will be exempt from import tax.
Imported goods to create fixed assets are not exempt from value-added tax, except for imported goods that cannot be produced domestically and may be imported in the following cases: investment in scientific research activities , technological development; Search, exploration and development of oil and gas fields.
Goods exempt from import tax include:
a) Equipment and machinery;
b) Specialized means of transport used in technological lines and means of transport for transporting workers;
c) Components, details, separate parts, spare parts, fixtures, molds, accessories accompanying equipment, machinery, and specialized means of transport specified in Points a and b of this Clause;
d) Raw materials and supplies used to manufacture equipment and machinery in the technological line or to manufacture components, details, separate parts, spare parts, fixtures, molds, and accessories accompanying equipment and machinery specified in point a of this clause;
e) Construction materials that cannot be produced domestically;
f) Goods are equipment imported for the first time according to the list prescribed by the Government of investment projects on hotels, offices, apartments for rent, houses, commercial centers, technical services, Supermarkets, golf courses, tourist areas, sports areas, entertainment areas, medical examination and treatment facilities, training, culture, finance, banking, insurance, auditing, consulting services.
The import tax exemption for imported goods specified in Points a, b, c, d and dd of this Clause applies to cases of expanding project scale, replacing or innovating technology.
2. Tax exemption documents and procedures
Dossier to register the List of tax-free export and import goods includes:
a) Request letter (according to the attached form);
b) List of exported and imported goods eligible for tax exemption (according to the attached form);
Reduction monitoring sheet for cases of not registering the List on the VNACCS system.
c) The List registrant is responsible for: registering and editing the List through the system.
The List registrant is responsible for: registering and editing the List through the customs electronic data processing system (except for cases where register for the Paper List); Determine your own usage needs and build a List according to relevant regulations; Be responsible before the Law for accurately and truthfully declaring the items on the List and using these goods for the right tax-free purposes; Store documents related to the basis for determining tax-free export and import goods and present them to customs authorities and competent authorities when conducting inspection and examination according to regulations;
d) The customs authority is responsible for: receiving, checking documents and processing within a maximum of 10 working days from the date of receiving complete documents and responding to the processing results to the customs declarant.
Note:
Enterprises must register the list of tax-free goods before completing customs procedures. In case the list of tax-exempt goods is registered after customs procedures, it will not be considered for import tax exemption.
3. Regarding reporting and checking the use of duty-free goods
Enterprises registering the List of Tax-Exempt goods are responsible for reporting the use of tax-free goods to the customs authority where the List of Tax-Exempt goods is registered no later than the 90th day from the end of the fiscal year.
The content of the report is according to form No. 17/BCKT-NKMT/TXNK Appendix VI issued with Circular 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance.
- Related documents for reference:
- Investment Law No. 61/2020/QH14 dated June 17, 2020
- 31/2021/ND-CP dated March 26, 2021 of the government
- Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government
- Decree No. 118/2015/ND-CP dated November 12, 2015 of the Government
- Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance
- Circular No. 39/2018/TT-BTC dated April 20, 2028 of the Ministry of Finance