Circular No. 26/1999/TT-BTM supplements regulations on placing goods for processing abroad according to Decree No. 57/1998/NĐ-CP. This circular guides the conditions and procedures for placing goods for processing, particularly related to export, import, tax, and management by the Ministry of Trade.
Scope of application
Vietnamese traders of all economic sectors
Key points
- Vietnamese traders may place goods for processing abroad in accordance with Vietnamese law and the law of the country where the processing takes place (Article 6a)
- Products placed for processing abroad must primarily be intended for export or consumption in the processing country, and can only be processed for stages that Vietnam cannot perform or does not ensure quality (Article 6b)
- Goods exported for processing must belong to the list of goods prohibited from export or require a permit from the Ministry of Trade before signing the processing contract, and must be approved in writing by the Ministry of Trade (Article 6c)
- Goods temporarily exported to fulfill processing contracts and re-imported into Vietnam as processed products are exempt from export tax and import tax; if not re-imported, they must pay export tax (Article 6d)
- Raw materials, components, and auxiliary materials purchased abroad for processing when re-imported into Vietnam must pay import tax (Article 6đ)
🌐 Social impact of this document
- Positive impact: Creating favorable conditions for Vietnamese enterprises to place goods for processing abroad, enhancing competitiveness and developing the export market.
- Negative impact: May impose a tax burden on processed products not re-imported into Vietnam.
❓ Frequently asked questions
When can traders place goods for processing abroad?
Vietnamese traders of all economic sectors may place goods for processing abroad in accordance with Vietnamese law and the law of the processing country (Article 6a).
What purpose must products placed for processing serve?
Products placed for processing must primarily be intended for export or consumption in the processing country. If the processed products are re-imported into Vietnam, they can only be processed for stages that Vietnam cannot perform or does not ensure quality (Article 6b).
What conditions must goods exported for processing meet?
Goods exported for processing must belong to the list of goods prohibited from export or requiring a permit from the Ministry of Trade, and must be approved in writing by the Ministry of Trade before signing the processing contract (Article 6c).
Are goods temporarily exported to fulfill processing contracts exempt from tax?
Goods temporarily exported to fulfill processing contracts and re-imported into Vietnam as processed products are exempt from export tax and import tax. If the processed products are not re-imported into Vietnam, they must pay export tax (Article 6d).
Part on imported materials, raw materials, and accessories for processing when re-imported to Vietnam are they subject to taxation?
Part on imported materials, raw materials, and accessories for processing when re-imported to Vietnam shall be subject to import tax (Article 6d).
Full text
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MINISTRY OF TRADE |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 26/1999/TT-BTM |
Hanoi, August 19, 1999 |
CIRCULAR
Supplementing Circular No. 18/1998/TT-BTM dated August 28, 1998 of the Ministry of Trade guiding the implementation
of the DecreeNo. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Commerceconcerning
export, import, processing, and agency purchase and sale of goods with foreign countries
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To implement the provisions at Section II Chapter III of Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Commerce concerning export, import, processing, and agency purchase and sale of goods with foreign countries.
Pursuant to Circular No. 18/1998/TT-BTM dated August 28, 1998 of the Ministry of Trade guiding the implementation of Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government concerning export, import, processing, and agency purchase and sale of goods with foreign countries;
The Ministry of Trade supplements Clause 6 (outsourcing production of goods abroad) in Part II (on outsourcing with foreign traders) of the aforementioned Circular No. 18/1998/TT-BTM as follows:
6. Outsourcing production of goods abroad:
a) Vietnamese traders from all economic sectors are permitted to outsource production of goods abroad in accordance with Vietnamese law and the law of the outsourcing country.
b) Products outsourced for production abroad are primarily intended for export or consumption in the outsourcing country. In cases where outsourced products are imported back to Vietnam, traders may only outsource production stages that Vietnam cannot perform or does not meet quality requirements.
c) Goods exported to be outsourced for production abroad (including machinery, equipment, materials, raw materials, auxiliary materials), if they fall under the list of prohibited exports or require a permit from the Ministry of Trade for export, must obtain written approval from the Ministry of Trade before signing the outsourcing contract.
d) Goods temporarily exported to fulfill outsourcing contracts (including machinery, equipment, materials, raw materials, auxiliary materials) and re-imported into Vietnam as outsourced products are exempt from export tax and import tax. If the outsourced products mentioned above are not re-imported into Vietnam, the exported goods for outsourcing shall be subject to export tax.
đ) In cases where outsourced products imported back into Vietnam include materials, raw materials, and auxiliary materials purchased abroad for outsourcing, these materials, raw materials, and auxiliary materials must be subject to import tax.
This Circular takes effect fifteen days from the date of signature./.
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Mai Văn Dâu (Signed) |
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