Circular No. 101 TC/TCT guides the amendment of conditions for enjoying the old tax rate for cases of foreign trade imports before July 1, 1994 and payment through methods other than opening a letter of credit. This aims to facilitate the application of the old tariff schedule.
Scope of application
Foreign trade import enterprises, Customs Departments of provinces/cities
Key points
- For cases that have signed foreign trade purchase and sale contracts and opened letters of credit (L/C) before July 1, 1994, there is no control over the date of goods arrival at Vietnamese ports.
- For cases paying through methods other than opening an L/C such as Collection (D/A; D/P), Telegraphic Transfer (T. TR) or only opening an L/C for part of the contract value, with the remainder paid through other methods, goods arriving at port before September 1, 1994 will be subject to the old tariff schedule.
- The Customs Departments of provinces/cities will examine import/export documents and calculate taxes according to the old tariff schedule's tax rates if all prescribed conditions are met.
🌐 Social impact of this document
- Facilitate enterprises in applying the old tariff schedule, reducing complex procedures.
- Reduce operational costs for enterprises when there is no need to control the date of goods arrival at Vietnamese ports.
❓ Frequently asked questions
Which cases can apply the old tariff schedule?
For cases that have signed foreign trade purchase and sale contracts and opened letters of credit (L/C) before July 1, 1994, there is no control over the date of goods arrival at Vietnamese ports. For cases paying through methods other than opening an L/C such as Collection (D/A; D/P), Telegraphic Transfer (T. TR) or only opening an L/C for part of the contract value, with the remainder paid through other methods, goods arriving at port before September 1, 1994 will be subject to the old tariff schedule.
What conditions must enterprises meet to enjoy the old tax rate?
For cases that have signed foreign trade purchase and sale contracts and opened letters of credit (L/C) before July 1, 1994, there is no control over the date of goods arrival at Vietnamese ports. For cases paying through methods other than opening an L/C such as Collection (D/A; D/P), Telegraphic Transfer (T. TR) or only opening an L/C for part of the contract value, with the remainder paid through other methods, goods arriving at port before September 1, 1994 will be subject to the old tariff schedule.
What will the Customs Department do when examining import/export documents?
The Customs Departments of provinces/cities will specifically examine import/export documents, and if all prescribed conditions are met, they will calculate and collect taxes according to the old tariff schedule's tax rates.
What is the deadline for applying the old tariff schedule?
Goods arriving at Vietnamese ports before September 1, 1994 will be subject to the old tariff schedule for cases paying through methods other than opening a letter of credit (L/C) such as Collection (D/A; D/P), Telegraphic Transfer (T. TR) or only opening an L/C for part of the contract value, with the remainder paid through other methods.
What conditions must be met to not control the date of goods arrival at Vietnamese ports?
For cases that have signed foreign trade purchase and sale contracts and opened letters of credit (L/C) before July 1, 1994, there is no control over the date of goods arrival at Vietnamese ports.
Full text
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MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
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NUMBER: 101 TC/TCT |
HA NOI, NOVEMBER 25, 1994 |
CIRCULAR
GUIDELINES FOR AMENDING AND SUPPLEMENTING CIRCULAR NO. 73 TC/TCT
OF SEPTEMBER 1, 1994 ISSUED BY THE MINISTRY OF FINANCE
IMPLEMENTING THE OPINION OF THE PRIME MINISTER IN OFFICE LETTERS NO. 5851/KTTH ON OCTOBER 22, 1994 AND NO. 6326/KTTH ON NOVEMBER 11, 1994 OF THE GOVERNMENT OFFICE, THE MINISTRY OF FINANCE GUIDES THE AMENDMENT OF THE CONDITIONS FOR ENJOYING THE OLD TAX RATE AS PROVIDED IN POINT 3 OF CIRCULAR NO. 73 TC/TCT OF SEPTEMBER 1, 1994 ISSUED BY THE MINISTRY OF FINANCE, SPECIFICALLY AS FOLLOWS:
- FOR CASES THAT HAVE ENTERED INTO FOREIGN TRADE PURCHASE AND SALE CONTRACTS WITH FOREIGN PARTIES AND HAVE OPENED LETTERS OF CREDIT (L/C) TO PAY DIRECTLY FOR THE LOT OF GOODS BY THE TOTAL VALUE OF THE LOT BEFORE JULY 1, 1994, PROVIDED THAT THERE ARE NO CONTRACT ACCESSORIES AND THE L/C IS SIGNED AFTER JUNE 30, 1994 AND IS NOT A ROLLOVER L/C, THEN THE DATE OF ARRIVAL OF THE GOODS AT VIETNAM PORTS IS NOT RESTRICTED.
- FOR CASES OF PAYMENT THROUGH OTHER METHODS THAN OPENING A LETTER OF CREDIT (L/C), SUCH AS COLLECTION (D/A; D/P); TELEGRAPHIC TRANSFER (T.TR); BARTER... OR WHERE ONLY PART OF THE CONTRACT VALUE IS COVERED BY AN L/C AND THE REMAINING PART IS PAID THROUGH OTHER METHODS, THE GOODS MUST ARRIVE AT VIETNAM PORTS BEFORE SEPTEMBER 1, 1994 TO BE ELIGIBLE FOR THE OLD CUSTOMS DUTY TABLE.If the letter of credit (L/C) is opened in the form of Collection (D/A; D/P), Telegraphic Transfer (T.T.R.), exchange goods... or only partially for the value of the contract, with the remaining amount paid through other methods, then the old tariff will only apply to goods arriving at Vietnam's port before September 1, 1994.
BASED ON THE GUIDELINES FOR AMENDING POINT 3 OF CIRCULAR NO. 73 TC/TCT ABOVE, THE CUSTOMS BUREAUS OF PROVINCES AND CITIES SHALL CHECK THE IMPORT AND EXPORT DOCUMENTS IN DETAIL IF THEY SATISFY ALL THE CONDITIONS SET OUT, THEN CALCULATE AND COLLECT TAX AT THE RATES LISTED IN THE OLD CUSTOMS DUTY TABLE.
WE REQUEST THE GENERAL DEPARTMENT OF CUSTOMS TO ISSUE DIRECTIVES TO UNIFORMLY IMPLEMENT THIS CIRCULAR; ANY DIFFICULTIES ENCOUNTERED DURING IMPLEMENTATION SHOULD BE REPORTED TO THE MINISTRY OF FINANCE FOR TIMELY RESOLUTION./.
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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT DEPUTY MINISTER (Signed) Vũ Mộng Giao |
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