Instructions for FDI enterprises to register for tax exemption documents

The Sub-department of Customs managing investment goods has just sent a document to enterprises to register for tax exemption dossiers to guide the implementation contents.

In case imported goods are on the list of tax-exempt goods, please declare in the box “Import license” on the VNACCS declaration with the content “DMTL + Listed registered tax exemption number”.

This guideline is based on Article 31 of Decree No. 134/2016/ND-CP detailing tax exemption dossiers and procedures when carrying out customs procedures, which is amended and supplemented in Clause 14, Article 1 of Decree No. No. 18/2021/ND-CP of the Government; Pursuant to Article 7 Article 8 Decision No. 3394/QD-TCHQ dated December 31, 2021 of the General Department of Customs detailing the inspection and handling of tax exemption dossiers; Pursuant to Appendix II of Circular No. 38/2015/TT-BTC as 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 targets Information related to electronic customs procedures and management regime for exported and imported goods.

Previously, in order for FDI enterprises to use the tax-exempt list correctly and conveniently, the Sub-Department Customs managing Investment Goods had systematized many important contents to guide enterprises to implement.

Accordingly, for the List of tax-exempt items that import term has expired (the estimated time limit for ending importation was registered at the time of List registration), it is no longer valid for customs procedures of such projects.

In case the project continues to operate, the enterprise is requested to send a written notice of the termination of the import of goods on the list of tax-exempt goods, and commit to use the tax-exempt imported goods for the right purposes as prescribed by law and return the original deduction monitoring sheet to the Customs Sub-Department managing investment goods.

Annually, within 90 days from the end of the fiscal year, the enterprise is responsible for notifying the use of tax-free goods in the fiscal year to the Sub-department of Customs managing investment goods until the end of the whole project is terminated or the goods have been re-exported out of Vietnam or the goods have been changed to tax-free use purposes or have been transferred to domestic consumption and 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 according to Point b, Clause 3, Article 7 of Decree No. 128/2020/ND-CP dated October 19, 2020 by the Government on penalties for administrative violations in the field of customs.

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