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28 articles will be amended and supplemented in Decree 134/2016/ND-CP

Summary

On 21st May 2018, as chaired by Deputy Minister of Finance Vu Thi Mai, an online conference for comments from its subordinate units and provincial and municipal Customs units on proposed amendments to Decree 134/2016 / ND-CP was held by the Ministry of Finance.

Updated on : 26-05-2018

According to Deputy Minister Vu Thi Mai, Decree 134/2016 / ND-CP has been implemented for nearly 2 years, so far it has raised some inadequacies which need to be amended and supplemented. In order to remove difficulties and facilitate taxpayers and businesses, the Ministry of Finance has assigned the Tax Policy Department and the General Department of Customs to review and draft a Decree amending and supplementing Decree 134.

Deputy Minister Vu Thi Mai also said that after this conference, the Ministry shall widely consult the ministries, sectors, associations and the business community on the amendments and supplements in the draft Decree.

The draft Decree will amend and supplement Article 28 of Decree 134/2016 / ND-CP into three groups: Group of content of entities subject to tax, tax rate, tax payment guarantee (this group amends and supplements 3 articles); Group of contents of tax exemption policy, tax exemption norms, subjects entitled to investment incentives and conditions for investment incentives (this group amends and supplements 7 articles); Group of content of procedures for tax exemption, tax refund (this group amends and supplements 13 articles).

Earlier, in order to unify the contents to be amended in Decree 134, the Tax Policy Department (Ministry of Finance) and the Department of Import-Export Duty (General Department of Customs) held an online conference with the provincial and municipal Customs units to discuss about difficulties and shortcomings in the implementation of Decree 134, thereby proposing amendments.

At the online conference, the Customs units agreed with the amendments and supplements to Decree 134, and at the same time give some comments on contents: on-spot import and export goods, tax exemption on gift and donation, tax policy between processed goods and manufactured goods for export, tax payment deadline for enterprises being taxed upon post-customs clearance audit and tax exemption for investment preferential projects.

The most concerned content by local Customs units is the normal tax rate on on-spot import and export goods. It was suggested that the draft Decree should not only regulate the normal tax rate on this type, but it should clarify that if on-spot import and export goods meet the condition of C / O form D, they will be entitled the preferential tax rate.

Another content proposed by the local Customs units is the tax policy for export production, HCMC Customs and Binh Duong Customs and Dong Nai Customs said that the policy on import duty exemption should be applied for both export processing and export production. It is not appropriate to distinguish the type of export processing and export production, while, in terms of economic aspects, export production bring more benefits to the economy, so it is necessary to apply a similar policy for both types.

In addition, HCMC Customs also proposed that the draft must stipulate the deadline for tax payment for enterprises being taxed by Customs upon post-clearance audit so that enterprises can avoid late payments.

Based on agreed contents, the Ministry of Finance will submit to the Government a draft revised Decree in 2018.

Source:   Customs News