Circular No. 3655-TC/TCT guides the handling of special consumption tax for imported goods that have not yet met the conditions specified in Circular No. 756 TC/TCT, including confirmation from the State Bank, signing contracts before January 1, 1996, and other cases.
Scope of application
Ministries, ministerial-level agencies, government-affiliated agencies; People's Committees of provinces and centrally-administered cities; and enterprises importing goods.
Key points
- For cases opening Letters of Credit (L/C) or making payments at banks outside Vietnam’s territory: Confirmation from the State Bank of Vietnam (or representatives of foreign banks) regarding the accuracy and validity of the L/C and payment documents is required.
- For cases failing to meet the payment conditions: Payments made on a Trust Receipt basis, opening L/Cs, and other forms of payment after December 31, 1995, must have the Bill of Lading signed before January 1, 1996.
- For cases receiving goods at bonded warehouses: Contracts and L/Cs or other payment documents must be signed before January 1, 1996.
- For cases where the Ministry of Trade issues import plans after December 31, 1995: If all conditions are met and the Bill of Lading is signed before January 1, 1996, or if contracts are signed and L/Cs opened or payments made through banks before January 1, 1996, along with an import permit application submitted before January 1, 1996, they will also be eligible for special consumption tax treatment.
- The date of signing the Bill of Lading under the guidelines issued by the Ministry of Finance shall be based on the original Bill of Lading or the first leg Bill of Lading.
🌐 Social impact of this document
- Positive impact: Helps businesses gain additional time to complete payment procedures and import goods, reducing financial pressure.
- Negative impact: May cause difficulties for businesses unable to meet the conditions within the prescribed timeframe, leading to increased management costs and legal risks.
❓ Frequently asked questions
When does this circular apply?
Circular No. 3655-TC/TCT applies to the importation of goods from January 1, 1996, to December 31, 1996.
For cases opening Letters of Credit (L/C) or making payments at banks outside Vietnam’s territory, who needs to provide confirmation?
The circular requires confirmation from the State Bank of Vietnam (or representatives of foreign banks) regarding the accuracy and validity of the L/C and payment documents.
What date must the Bill of Lading be signed by?
The Bill of Lading must be signed before January 1, 1996, to meet the conditions for special consumption tax handling under this circular.
How can cases where the Ministry of Trade issues import plans after December 31, 1995, be handled?
If all conditions are met and the Bill of Lading is signed before January 1, 1996, or if contracts are signed and L/Cs opened or payments made through banks before January 1, 1996, along with an import permit application submitted before January 1, 1996, they will also be eligible for special consumption tax treatment.
According to which provision is the date of signing the Bill of Lading calculated?
The date of signing the Bill of Lading under the guidelines issued by the Ministry of Finance is calculated based on the original Bill of Lading or the first leg Bill of Lading.
Full text
LETTER
OF THE MINISTRY OF FINANCE NUMBER 3655 TC/TCT ON OCTOBER 16, 1996
REGARDING THE PROCESSING OF SPECIAL CONSUMPTION TAX
FOR IMPORTED GOODS
Respected: - Ministries, ministerial-level agencies, directly affiliated agencies, of Government,
- People's Committees of provinces and centrally governed cities,
Implementing the guidance of the Prime Minister in Circular No. 533/KTTH dated January 30, 1996, and Circular No. 841/KTTH dated February 24, 1996 of the Government on the implementation of the Law on Special Consumption Tax, the Ministry of Finance issued Circular No. 756 TC/TCT dated March 11, 1996 to guide the processing of special consumption tax for imported goods. After reaching consensus with the General Department of Customs through Circular No. 1554 TCHQ/KTTH dated May 28, 1996, the Ministry of Finance supplements the following guidance:
For cases that have not met the conditions to be processed according to the guidance in Circular No. 756 TC/TCT dated March 11, 1996 of the Ministry of Finance, they will continue to be processed according to the spirit of Circular No. 756 TC/TCT for the following cases:
1. In cases where Letters of Credit (L/C) or payments are made at banks outside the territory of Vietnam, there must be confirmation from the State Bank of Vietnam (or the representative of the foreign bank in Vietnam) that the L/C and payment documents are correct and valid.
2. For cases that have not met the payment conditions: - Payments under Trust Receipts (T.Tr), issuance of L/C, and other forms of payment after December 31, 1995, the bill of lading (Bill) must be signed before January 1, 1996. - Issuance of partial L/C or payment under partial T.Tr or depositing a part before January 1, 1996, with the remaining amount paid after December 31, 1995, the contract signed before January 1, 1996, must clearly state this payment method and the payment must comply with the signed contract.
3. For cases where goods are received at bonded warehouses, the contract and L/C or other payment documents must be signed before January 1, 1996.
4. For cases where the Ministry of Trade issues import plans after December 31, 1995: If all conditions stipulated in Circular No. 756 TC/TCT dated March 11, 1996 of the Ministry of Finance are met and the bill of lading (Bill) is signed before January 1, 1996; or if contracts and L/C or bank payments were made before January 1, 1996, and a request for pre-importation permission was submitted to the Ministry of Trade before January 1, 1996, then these cases will also be processed according to the spirit of Circular No. 756 TC/TCT dated March 11, 1996 of the Ministry of Finance.
The date of signing the bill of lading (Bill) in the guidance of the Ministry of Finance shall be based on the original bill of lading or the first leg bill of lading.
The Ministry of Finance supplements the guidance on the processing of special consumption tax for imported goods, all other provisions remain in accordance with the spirit of Circular No. 756 TC/TCT dated March 11, 1996. Any difficulties encountered during implementation should be promptly reported to the Ministry of Finance for specific resolution.
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