Circular No. 10/2015/TT-BTC provides detailed regulations on the exemption of import duties for spare parts used in the production and assembly of medical equipment. The exemption period is five years from the date the project begins production.
Scope of application
Organizations and individuals investing in projects for the production and assembly of medical equipment requiring priority research and manufacturing.
Key points
- Organizations and individuals importing spare parts for the production and assembly of medical equipment that cannot be produced domestically will be exempted from import duties for a period of five years from the date the project begins production.
- The duration of the exemption is determined according to the guidance provided in Clause 15, Article 100 of Circular No. 128/2013/TT-BTC.
- Spare parts eligible for exemption must be those imported for the production and assembly of medical equipment with basic technical specifications specifically listed in the Appendix issued together with Decision No. 54/2014/QĐ-TTg.
- The registration dossier and procedures for the exemption of import duties shall be carried out in accordance with Articles 101 and 102 of Circular No. 128/2013/TT-BTC.
- Settlement of importation and use of goods imported under duty-free treatment shall be conducted in accordance with the guidance provided in Article 103 of Circular No. 128/2013/TT-BTC.
🌐 Social impact of this document
- Positive impact: Helps reduce input costs for medical equipment production projects, increases competitiveness, and promotes research and manufacturing of medical products.
- Negative impact: May create disadvantages for domestic enterprises lacking necessary spare parts to participate in supply chains.
❓ Frequently asked questions
What is the duration of the exemption?
The exemption period for import duties is five years from the date the project begins production, as stipulated in Article 1 of this Circular.
Which spare parts are eligible for exemption?
Imported spare parts that cannot be produced domestically and are required for the production and assembly of medical equipment needing priority research and manufacturing are eligible for exemption, as stipulated in Article 1 of this Circular.
How long is the duration of the exemption?
The duration of the exemption for import duties is determined according to the guidance provided in Clause 15, Article 100 of Circular No. 128/2013/TT-BTC.
Which spare parts are not eligible for exemption?
Spare parts that can be produced domestically or do not fall within the category requiring priority research and manufacturing will not be eligible for exemption, as stipulated in Article 3 of this Circular.
What are the procedures for registering for duty-free treatment?
The procedures for registering the list of goods eligible for import duty-free treatment shall be carried out in accordance with Article 101 of Circular No. 128/2013/TT-BTC.
Full text
CIRCULAR
Detailed regulations implementing Decision No. 54/2014/QĐ-TTg dated September 19, 2014 of the Prime Minister on exemption from import tax for imported components used to produce and assemble medical equipment that needs priority research and manufacture
issuedThe Prime Minister on exemption from import tax for imported components used to produce and assemble medical equipment that needs priority research and manufacturemedical equipment that needs priority research
and manufacture
__________________
Pursuant to the Law on Export Tax and Import Tax dated June 14, 2005;
Pursuant to Decree No. 87/2010/NĐ-CP dated August 13, 2010 of the Government detailing certain provisions of the Law on Export Duties and Import Duties;
Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 54/2014/QĐ-TTg dated September 19, 2014 of the Prime Minister on exemption from import tax for imported components used to produce and assemble medical equipment that needs priority research and manufacture.
At the proposal of the Director of the Policy Department;
The Minister of Finance issues this Circular detailing the implementation of Decision No. 54/2014/QĐ-TTg dated September 19, 2014 of the Prime Minister on exemption from import tax for imported components used to produce and assemble medical equipment that needs priority research and manufacture (Decision No. 54/2014/QĐ-TTg).
Article 1. Scope of Regulation
1. Imported components belonging to types not yet produced domestically for producing and assembling medical equipment that needs priority research and manufacture of projects listed in the Appendix attached to Decision No. 54/2014/QĐ-TTg shall be exempted from import tax for a period of five years from the date the project begins production and assembly of products as stipulated in Article 1 of Decision No. 54/2014/QĐ-TTg.
2. Components referred to in Clause 1 of Article 1 of this Circular are electronic parts, semiconductor parts, mechanical parts imported for complete assembly of products.
Article 2. Exemption Period
Determining the five-year exemption period from the date the project starts production shall be carried out according to the guidance provided in Clause 15 of Article 100 of Circular No. 128/2013/TT-BTC dated September 10, 2013 of the Ministry of Finance on customs procedures; customs inspection and supervision; export tax, import tax, and management of goods for export and import (Circular No. 128/2013/TT-BTC).
Article 3. Conditions for Application
1. Imported components exempted from import tax as specified in Article 1 of this Circular are types imported for producing and assembling medical equipment with basic technical specifications specifically detailed in the Appendix attached to Decision No. 54/2014/QĐ-TTg.
2. Imported components belonging to types not yet produced domestically are determined according to Circular No. 04/2012/TT-BKHĐT dated August 13, 2012 of the Ministry of Planning and Investment issuing a list of machinery, equipment, spare parts, specialized transport vehicles, raw materials, materials, semi-finished products domestically produced and other guidelines of the Ministry of Planning and Investment (if any).
Article 4. Procedures for Tax Exemption, Finalization of Importation and Usage of Imported Goods
1. Procedures for registering the list of goods eligible for tax exemption shall be carried out according to Article 101 of Circular No. 128/2013/TT-BTC.
2. Procedures for tax exemption on imports shall be carried out according to the guidance provided in Article 102 of Circular No. 128/2013/TT-BTC.
3. Finalization of importation and usage of goods imported under tax exemption provisions of this Circular shall be carried out according to the guidance provided in Article 103 of Circular No. 128/2013/TT-BTC.
Article 5. Effective Date
1. This Circular takes effect from March 15, 2015.
2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacing documents.
3. For investment projects producing and assembling medical equipment that needs priority research and manufacture listed in the Appendix attached to Decision No. 54/2014/QĐ-TTg which have imported components for producing and assembling medical equipment with customs declarations registered from November 15, 2014 until the effective date of this Circular, shall be implemented according to the provisions of Decision No. 54/2014/QĐ-TTg and specific guidance provided in Articles 1, 2, 3, and 4 of this Circular.
4. During the implementation process, if any difficulties arise, organizations and individuals concerned are requested to promptly report to the Ministry of Finance for appropriate amendments and supplements./.
DEPUTY MINISTER
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