Legal Document

Title: Decree No.18/2021/ND-CP amending and supplementing the Decree No. 134/2016/ND-CP providing guidance on implementation of the Law on Export and Import Duties.
Type: Decree
Issuing Agency: Government
Responsible Agency: Relevant Agencies
Issuing Date: 11-03-2021

 

 Decree No.18/2021/ND-CP amending and supplementing the Decree No. 134/2016/ND-CP providing guidance on implementation of the Law on Export and Import Duties.

The Decree provides amendments to regulations on exemptions from payment of export or import duties as follows:

- If duties levied on goods which are categorized as eligible for tax refunds have not been paid yet, non-collection of such duties will be subject to the following regulations:

+ Duties on exported goods that need to be re-imported must be refunded;

+ Duties on imported goods that need to be re-exported must be refunded;

+ Duties on machinery, equipment, tools and means of transport of entities and persons that are permitted for temporary import and re-export must be refunded;

+ If goods imported for manufacturing or business purposes are already exported as products, duties on such goods must be refunded;

+ If taxpayers already pay import or export duties even when not having exported or imported goods; having fewer exported or imported goods than those on which duties are already paid, such duties will be refunded; in this case, if they incur the prescribed minimum duties, refund payments on such duties will not be made.    

- Non-collection of duties levied on goods exempted from import and export duty payment requirements will be subject to the following regulations:

+ Duties on exported goods that need to be re-imported must be refunded;

+ Duties on imported goods that need to be re-exported must be refunded.

Taxpayers apply for non-collection of duties to customs authorities where commodity import or export procedures are implemented at the time of completion of customs procedures or after customs clearance.

Decree No. 18/2021/ND-CP is entering into force as of April 25, 2021 and repealing Circular No. 90/2011/TT-BTC Circular No. 201/2012/TT-BTC Circular No. 81/2013/TT-BTC and Circular No. 116/2013/TT-BTC of the Ministry of Finance.

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