Circular No. 5957/TC/TCT provides detailed guidance on the payment for exported goods and services through offsetting the value of exported and imported goods and services with foreign organizations and individuals. The document specifies the procedures and documentation for VAT refund for enterprises applying this method.
适用范围
Vietnamese enterprises engaged in exporting goods and services through offsetting with imported goods from foreign organizations and individuals.
要点
- Enterprises are eligible for VAT refund when they have sufficient documentation proving the actual export and import of goods under the offsetting method (Point 2).
- The VAT refund application includes a request letter, a declaration form of tax arising from output and input, export and import contracts, and related customs declarations (Point 2).
- Enterprises must register with the Tax Authority regarding long-term export and import contracts and payment plans when applying the long-term offsetting method (Point 2).
- Businesses may apply a 0% VAT rate for exported goods and services if they provide complete documentation proving the actual export and import (Point 2).
- Payment when selling to foreign traders but delivering to another enterprise in Vietnam at the foreign trader's designation is separately guided in Circular No. 90/2002/TT-BTC.
🌐 本文件的社会影响
- Export enterprises can utilize the offsetting mechanism to optimize cash flow and reduce payment costs.
- The Tax Authority will rigorously review the relevant documentation for VAT refunds to ensure transparency and compliance with the law.
- Registering with the Tax Authority for long-term contracts may impose additional administrative burdens on enterprises.
❓ 常见问题
What documents are required for VAT refund when exporting goods paid through offsetting?
A request letter, a declaration form of tax arising from output and input, export and import contracts, and related customs declarations are required.
Can enterprises apply a 0% VAT rate when exporting goods paid through offsetting?
Yes, if the enterprise can prove the actual export and import of goods under the offsetting method.
How should enterprises register with the Tax Authority when applying the long-term offsetting payment method?
Registration regarding long-term export and import contracts and payment plans with foreign customers is required.
For how long must businesses retain documentation related to VAT refunds?
Retain all documents at the business premises for provision upon inspection by the Tax Authority.
How is the sale to foreign traders but delivery to another enterprise in Vietnam at the foreign trader's designation handled?
It is separately guided in Circular No. 90/2002/TT-BTC.
全文
LETTER
ISSUED BY THE MINISTRY OF FINANCE NUMBER 5957 TC/TCT ON JUNE 9, 2003
REGARDING PAYMENT FOR EXPORT GOODS AND SERVICES WITH GOODS
Dear: - Ministries, ministerial-level agencies, government agencies
- People's Committees of provinces and centrally governed cities.
The Ministry of Finance has issued Circular No. 82/2002/TT-BTC dated September 18, 2002, guiding amendments and supplements to certain contents of Circular No. 122/2000/TT-BTC dated December 29, 2000, guiding the implementation of Decree No. 79/2000/NĐ-CP dated December 29, 2000 of the Government detailing the implementation of the Law on Value Added Tax. Now, the Ministry of Finance provides detailed guidance on Point 1, Section III of Circular No. 82/2002/TT-BTC (mentioned above) regarding payment documents for export goods and services paid with goods as follows:
1. Cases where export goods and services are paid with goods refer to cases where goods (including processed export goods) and services are exported to organizations and individuals from foreign countries (referred to as the foreign side), but the payment between Vietnamese enterprises and the foreign side is made through offsetting the value of exported goods and services, processing fees for exported goods, with the value of imported goods and services purchased from the foreign side.
2. Documents and procedures for refunding VAT for cases involving export goods and services paid with goods submitted to the Tax Authority must be complete as follows:
- A letter requesting VAT refund clearly stating the reasons for the refund, the amount of tax requested for refund, and the time of refund (according to Model No. 10/GTGT issued together with Circular No. 122/2000/TT-BTC mentioned above). The letter must clearly state that the goods and services are exported and paid according to the offset method with imported goods and services purchased from the foreign side.
- A summary declaration form listing the output VAT generated, the deductible input VAT, the VAT already paid (if any), and the excess input VAT proposed for refund, including a detailed breakdown of the deductible input VAT for imported goods (VAT already paid at the import stage) and the VAT collected on behalf of the foreign side for services purchased from abroad to offset against exported goods and services.
- A declaration form of goods and services purchased and sold during the period related to determining the input VAT and output VAT according to Models No. 02/GTGT, 03/GTGT, 04/GTGT, 05/GTGT (applicable to taxable goods purchased from production units for resale) issued together with Circular No. 122/2000/TT-BTC and Circular No. 82/2002/TT-BTC mentioned above, which must clearly list the quantity and value of imported goods and services purchased from abroad to offset against exported goods and services. In cases where monthly tax declarations are already complete and accurate, consistent with the summary declaration form, the entity does not need to submit the declaration forms for goods and services purchased and sold in the months requested for refund. If there are adjustments to the deductible input VAT and output VAT for the months within the refund period, the entity must declare the deductible input VAT and output VAT generated each month during the refund period, and provide clear explanations for the adjustment amounts.
- A list of documents signed and stamped by the entity:
+ Number and date of the Export Goods and Services Contract signed with the foreign side.
+ Number and date of the Import Goods Purchase Contract (referred to as the Import Contract) to offset against exported goods and services.
+ Number and date of the Export Declaration for exported goods.
+ Number and date of the Import Declaration for imported goods purchased from the foreign side to offset against exported goods and services.
+ Number and date of the confirmation document with the foreign side regarding the offset amount between the value of exported goods and services and the value of imported goods and services purchased from the foreign side.
In cases where there is a difference after offsetting the value of exported goods and services with the value of imported goods and services, the difference amount must be settled through a bank, and the business entity must include this information in the accompanying list, specifying the number, date, payment document through the bank, and the amount paid.
Export Goods and Services Contracts and Import Goods Purchase Contracts with the foreign side must comply with the provisions of the Commercial Law, clearly stating the quantity, type, value of goods and services, selling (buying) price, processing fee (for processing goods), and the offsetting method between the value of exported goods and services and the value of imported goods and services purchased from the foreign side.
In cases where a business entity produces or processes exported goods and pays according to the offset method with imported goods under a long-term contract with the foreign side, the business entity must register with the Tax Authority regarding the Export Contract, Import Contract, and payment plan with foreign customers, and periodically provide a confirmation document regarding the quantity and value of goods offset with the foreign side.
In addition to the documents and procedures for refunding VAT required to be submitted to the Tax Authority as mentioned above, other relevant documents for VAT refunds and deductions must be fully retained by the business entity. When the Tax Authority conducts inspections or audits for VAT refunds at the entity, the entity is responsible for providing all invoices, payment documents, and related documents as the basis for determining the VAT payable or refundable.
For export goods and services paid according to this method, the business entity may apply a 0% VAT rate and deduct input VAT if it has the necessary procedures as stated in Point 2 of this letter to prove that the goods and services have actually been exported, the goods have actually been imported, and the offsetting has been completed.
3. In cases where goods are sold to foreign traders but delivered to another enterprise in Vietnam at the request of the foreign trader to be used as raw materials for producing or processing exported goods, the payment shall be carried out according to the guidance provided in Circular No. 90/2002/TT-BTC dated October 10, 2002, issued by the Ministry of Finance, guiding VAT, export duties, and import duties for goods sold to foreign traders but delivered to another enterprise in Vietnam at the request of the foreign trader to be used as raw materials for producing or processing exported goods.
During the implementation process, if there are any difficulties, organizations and individuals are advised to report them to the Ministry of Finance for research and resolution.
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