VCN- Implementing the import duty preferential program for automobile components in accordance with the Government's regulations, the General Department of Vietnam Customs has issued an Official letter to instruct provincial and municipal Customs Departments in checking dossiers and procedures to apply the tax rate of 0% for heading 98.49- automobile component.
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Accordingly, for Customs procedures, the General Department of Vietnam Customs instructs that enterprises shall submit dossiers in accordance with provisions in Point b, Clause 3, Article 7a Decree 125/2017/ND-CP. For the requirement on the list of Customs declarations of imports, the list of paid tax specified in each Customs declaration is provided in Item b, Clause 3 of Article 7a.
Places for receiving dossiers: Customs Branch where enterprises register to participate in the program.
The time for enterprises submitting dossiers to enjoy 0% import tax rate, enterprises must make a dossier accurately and fully before submitting it to the Customs where enterprises are registered, to participate in the program to propose to apply for 0% tax rate for heading 98.49 for imported components for manufacturing and assembling of automobile groups registered in the roadmap of the program, in no later than 60 days, effective 30 June or 31 December every year.
For the Customs, the branch receiving a dossier shall check the registration for participation in the program and application request for 0% tax rate submitted by enterprises, and compare it with other Customs dossier and related information and data in the Customs information system to determine if the subjects and conditions apply to the import duty preferential program stipulated in Clause, Article 7a of Decree 125/2017/ND-CP.
At the same time searching and checking information and documents submitted by enterprises with the centralized accounting system in accordance with data and paid tax amount, the tax amount requested to be refunded on the system.
In cases where information needs to be specified, the Customs authority shall request enterprises to explain and supplement relevant information and documents.
If enterprises fail to meet conditions to be applied the Program, the Customs shall provide written response to the enterprises.
If enterprises meet the Program’s application conditions, and have paid tax amount for imported automobile components, higher than the taxable amount of heading 98.49, the Customs shall handle the overpaid tax amounts for the enterprises according to the provisions of the Tax Administration Law and the documents guiding the implementation thereof.
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If enterprises meet conditions applied by the program, but they register import declaration at many different Customs branches, the branch where enterprises are submitting dossiers shall request to apply tax rate of 0% and make a report on inspection results to determine the paid import duty amount and tax amount to be refunded upon each declaration in each Customs unit. At the same time, sending the notification and inspection results to Customs branches where tax amounts are requested to be refunded so that the Customs branches can issue tax refund decisions according to regulations.
On 16th November 2017, the Government issued Decree 125/2017/ND-CP amending and supplementing a number of Articles of the Government’s Decree 122/2016/ND-CP dated 2016 on export duty schedule, Preferential Import Duty schedule, list of commodities and absolute tax rates, compound tax rates and import duty outside tariff quota rates, including regulations on the import duty incentive program for automobile component in Article 7a of the Decree. Accordingly, applying the tax rate of 0% for heading 98.49- imported automobile component.
By Hai Nam/Ngoc Loan