This circular guides the supplementary procedures for paying and refunding import tax on goods temporarily imported for re-export to entities permitted to engage in foreign trade activities. The notable point is the requirement that there must be a tax receipt issued by the Customs authority to consider refunding the paid tax.
Key points
- Entities permitted by the Ministry of Trade and Tourism to engage in foreign trade activities → shall pay full taxes when temporarily imported goods arrive at the port → Article 1
- Goods temporarily imported for re-export without accompanying tax payment receipts → are considered a violation of the Law on Export and Import Tax → Article 2
- The Ministry of Finance will only consider refunding paid taxes to these entities based on tax receipts issued by Customs authorities → Article 1
- Repeal the last part of point 'e' in Section 1, Part VII of Circular No. 08-TC/TCT dated March 31, 1992 → Article 3
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CIRCULAR
OF THE MINISTRY OF FINANCE NUMBER 56-TC/TCT ON OCTOBER 12, 1992
GUIDING ADDITIONAL PROVISIONS TO CIRCULAR NO. 08-TC/TCT DATED MARCH 31, 1992
IMPLEMENTING ARTICLE 14 OF THE LAW ON EXPORT AND IMPORT TAXES AND ARTICLE 16 OF DECREE No. 110-HĐBT DATED MARCH 31, 1992 ISSUED BY THE COUNCIL OF MINISTERS REGARDING GUIDELINES FOR THE DETAIL IMPLEMENTATION OF THE LAW ON EXPORT AND IMPORT TAXES; FOLLOWING CIRCULAR NO. 08-TC/TCT DATED MARCH 31, 1992, GUIDING PROCEDURES FOR REFUNDING IMPORT TAXES FOR TEMPORARY IMPORTS FOR REEXPORT;
TO STRICTLY MANAGE THE BUSINESS OF TEMPORARY IMPORTATION FOR REEXPORT, THE MINISTRY OF FINANCE NOW ADDITIONALLY GUIDES THE PAYMENT AND REFUND OF TAXES FOR GOODS IN TEMPORARY IMPORTATION FOR REEXPORT AS FOLLOWS:
FOR UNITS PERMITTED BY THE MINISTRIES OF COMMERCE AND TOURISM TO ENGAGE IN FOREIGN TRADE, THEY MUST STRICTLY FOLLOW THE REGULATIONS ON TEMPORARY IMPORTATION FOR REEXPORT ISSUED BY THE MINISTRIES OF COMMERCE AND TOURISM WHEN IMPORTING. THEY MUST PAY FULL TAXES UPON ARRIVAL AT THE PORT AND BE ELIGIBLE FOR REFUNDS UPON ACTUAL EXPORT. GOODS IN TEMPORARY IMPORTATION FOR REEXPORT TRANSPORTED WITHOUT A TAX RECEIPT ARE CONSIDERED TO VIOLATE THE LAW ON EXPORT AND IMPORT TAXES AND WILL BE PROCESSED ACCORDINGLY AS PROVIDED BY LAW. THE MINISTRY OF FINANCE WILL ONLY CONSIDER REFUNDING TAXES PAID BY THESE UNITS BASED ON THE TAX RECEIPTS ISSUED BY CUSTOMS AUTHORITIES.
ABOLISH THE LAST SENTENCE OF POINT "e" SECTION 1 PART VII IN CIRCULAR NO. 08-TC/TCT DATED MARCH 31, 1992 OF THE MINISTRY OF FINANCE.
REQUESTING PROVINCES AND CITY PEOPLE'S COMMITTEES AND GOVERNMENT MINISTRIES AND AGENCIES AT THE SAME LEVEL TO GUIDE UNITS IN IMPLEMENTATION
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