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Question and Answer

Natural mineral water - HS code 2201

Name/Company name: Albert Seng Yong
Categories: Customs Procedures Tax
Date: 14-06-2016 14:56
Question:
Hi Sir, I will like to know what are the taxes and custom procedures that I may have to pay if I will to import bottled water from Australia and re-export into Western China via Vietnam port. The goods will not be sold in Vietnam. Please advice. Thank you.
Answer at 14-06-2016 14:56:

Note: Our suggestion is for your reference only, not legally obligated.

For your questions, we would like to have below answer:

- Customs procedures for temporary import of goods:is performed as Article 82 of Circular No. 38/2015/TT-BTC dated 25/3/2015 by Ministry of Finance, “providing guidance on customs procedures; customs inspection and supervision; import duty, export duty and tax administration applicable to imports and exports”:

“Article 82. Customs procedures for temporary import of goods

Customs procedures for temporary import of goods are the same as those for export, import of goods prescribed in Chapter III of Decree No. 08/2015/NĐ-CP Additional instructions:

1. Customs procedures for temporary import

a) Customs procedures for temporary import of goods shall be followed at the Sub-department of Customs at the checkpoint where temporarily imported goods are stored;

b) Apart from the documents prescribed in Clause 2 Article 16 of this Circular, The customs dossier of temporarily imported goods must also contain:

b.1) A contract for sale of imported goods: 01 photocopy;

b.2) With regard to temporarily imported goods subject to conditions prescribed by the Government:

b.2.1) A certificate of temporary import number issued by the Ministry of Industry and Trade: 01 photocopy;

b.2.2) A license for temporary import of goods issued by the Ministry of Industry and Trade (if the temporary import of goods is subject to licensing by the Ministry of Industry and Trade): 01 original copy.

2. Customs procedures for re-export

a) Procedures for re-export shall be followed at the Sub-department of Customs at the checkpoint of at which goods are temporarily imported (hereinafter referred to as “checkpoint of temporary import”) or the Sub-department of Customs at the checkpoint where goods are re-exported (hereinafter referred to as “checkpoint of re-export”). With regard to temporarily imported goods subject to conditions prescribed by the Government, customs procedures for re-export shall be carried out at the Sub-department of Customs at the checkpoint temporary import;

b) Customs dossier or re-exported goods shall comply with Clause 1 Article 16 of this Circular.

If customs declaration form No. HQ/2015/NK in Appendix V enclosed herewith is used when following customs procedures for temporary import of goods, the same form shall also be used when following customs procedures for re-export;

c) While following procedures for re-export, the trader must provide information about the number of the declaration of temporarily imported goods, ordinal number of corresponding lines on the declaration of temporarily imported goods and the declaration of re-exported goods on the System; the System shall deduct a corresponding quantity of goods from the declaration of temporarily imported goods.

A declaration of temporarily imported goods may be used for partial shipments of re-export. A declaration of re-exported goods is made according to only one corresponding declaration of temporarily imported goods. The Sub-department of Customs where the declaration of re-exported goods is registered shall check information about the declaration of temporarily imported goods on the System to carry out procedures for re-export.

In case of paper-based customs declaration, the declarant shall specify the number of the declaration of re-exported goods on the export declaration (form No. HQ/2015/XK in Appendix IV enclosed herewith).

…”

For more details,  suggest you study Article 82, Article 83 of Circular 38/2015 / TT-BTC to better understand the procedure, as well as the management of goods temporarily imported for re-export.

- Pursuant to Law on tax managementNo. 78-2006-QH11 dated 29/11/2006; Law No. 21/2012/QH13 dated November 20, 2012 amending and supplementing a number of articles of the Law on Tax administration No. 78-2006-QH11.

“3. The deadlines for paying taxes on exports and imports:

a/…

b) Taxes on goods being temporarily imported for re-export must be paid before completing the customs procedures for temporarily importing goods. If the tax payable is underwritten by a credit institution, then the time limit for paying tax is the underwriting period, but must not exceed fifteen days as from the deadline for temporary import for re-export, and the late payment interest is exempted during the underwriting period;

c/…

d) If the tax payer underwritten by a credit institution has not paid tax and the late payment interest (if any) the underwriter shall pay tax and late payment interest on the tax payer’s behalf”

For detail information, please study the mentioned documents for reference. If you do not understand, please kindly contact with customs branch at border gate where you plan to declare customs for detail instruction.

Your sincerely.