Circular No. 61/2008/TT-BTC guiding the refund of import tax on unassembled automobiles for the production and assembly of specialized automobiles

CIRCULAR

Guidelines for refunding import tax on chassis vehicles for the production and assembly of specialized motor vehicles

motor vehicle专用车辆

Pursuant to the Law on Export Tax and Import Tax No. 45/2005/QH11 dated June 14, 2005;

Pursuant to the Decree No. 149/2005/NĐ-CP dated December 8, 2005 of the Government detailing the implementation of the Law on Export Tax and Import Tax;

Pursuant to the Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing the guidance of the Prime Minister as stated in Circular No. 2012/VPCP-KTTH dated March 28, 2008 of the Government Office regarding import tax on chassis vehicles for the production and assembly of specialized motor vehicles;

The Ministry of Finance hereby provides guidelines for refunding import tax on chassis vehicles for the production and assembly of specialized motor vehicles as follows:

I. GENERAL GUIDELINES:

1. Object and scope of application:

a) Enterprises producing and assembling specialized motor vehicles that directly import or entrust the importation of chassis vehicles for the production and assembly of specialized motor vehicles.

b) Chassis vehicles with driver's cabin (frame with engine and driver's cabin, capable of self-propulsion, without cargo body, passenger compartment, and specialized equipment).

c) Types of specialized motor vehicles belonging to groups 8704 and 8705 (except money transport vehicles) of the current preferential import tariff schedule, meeting the standards set forth in Vietnam Standard 2003 on road traffic means - automobiles - classification according to usage purpose (TCVN 7271: 2003) issued by the Ministry of Science and Technology.

2. Tax rate and time limit for payment of tax:

a) Enterprises importing chassis vehicles for the production and assembly of specialized motor vehicles must pay import tax at the applicable import tax rate as specified in the current import tariff schedule. If the imported chassis vehicles are used to produce and assemble specialized motor vehicles according to technical standards confirmed by competent authorities and approved by the Ministry of Public Security for circulation, they will be refunded part of the paid import tax according to the calculation method at Point 1, Section II below.

b) The time limit for payment of import tax shall be carried out in accordance with the provisions of the laws on export tax and import tax.

II. REFUND OF TAX:

1. Method of calculating the amount of import tax to be refunded:

The value for calculating import tax in the above calculation method is uniformly implemented based on the value for calculating import tax applied to the customs declaration for imported chassis vehicles.

In cases where the enterprise has paid less import tax for chassis vehicles upon import than the amount of import tax for chassis vehicles converted into specialized motor vehicles calculated based on the preferential import tax rate for specialized motor vehicles as specified in the current preferential import tariff schedule, the enterprise does not need to pay the difference.

2. Procedures, sequence, and documents for examination and refund of tax:

a) Monitoring imported goods:

Before proceeding with the import procedures for chassis vehicles, enterprises producing and assembling specialized motor vehicles register with the local Customs Department where the enterprise handles import procedures to monitor and manage, and process refunds when converted into specialized motor vehicles.

b) Documents for examination and refund of tax:

After the specialized motor vehicle is permitted for circulation by the Ministry of Public Security (with a permit for circulation), the enterprise submits the following documents to the local Customs Department where the enterprise handles import procedures to process the examination and refund of import tax:

- A letter requesting examination and refund of paid import tax, specifying the number of specialized motor vehicles produced and assembled, the amount of import tax paid, the amount of tax requested for refund, and a commitment to accurately declare and bear responsibility for the tax requested for refund (one original copy);

- The customs declaration for imported goods of chassis vehicles and the import contract for chassis vehicles (one copy and present the original for verification); Entrusted import contract if it is entrusted importation (one copy certified true copy by the enterprise);

- Proof of tax payment (one copy and present the original for verification);

- Business license or Investment Certificate indicating the business activities of producing and assembling specialized motor vehicles (one copy certified true copy by the enterprise);

- Quality certificate of specialized motor vehicles issued by the Vietnam Vehicle Inspection Center (one copy and present the original for verification);

- Circulation permit issued by the Ministry of Public Security (one copy certified true copy by the enterprise);

- Report on import-production-assembly-stock of chassis vehicles (one original copy).

c) Procedures and sequence for examination and refund of tax:

The procedures and sequence for examination and refund of tax are carried out according to the guidelines in Section IV Part E of Circular No. 59/2007/TT-BTC dated June 14, 2007 of the Ministry of Finance (excluding Points 7 and 8 of Section IV Part E).

III. IMPLEMENTATION:

This circular takes effect 15 days from the date of publication in the Official Gazette.

Other guidelines on export tax policy, import tax policy, and management of taxes on exported and imported goods shall be implemented according to the guidelines in Circular No. 59/2007/TT-BTC dated June 14, 2007 of the Ministry of Finance.

During the implementation of this circular, if there are difficulties or obstacles, organizations and individuals are advised to report to the Ministry of Finance for consideration and resolution.