SUMMARY OF ISSUES RELATED TO CUSTOMS PROCEDURES IN VIETNAM

According to the provisions of Circular No. 39/2018/TT-BTC dated April 20, 2018 amending and supplementing Circular No. 38/2015/TT-BTC on customs procedures; customs inspection and supervision, export tax, import tax and tax administration for imported and exported goods, Enterprises can deploy to sign international commercial contracts by electronic means instead of traditional contracts.

In case that enterprises import goods for consumption, goods for commercial business, Importing and trading in input materials for production activities, if the imported goods may be changed the purpose of use or be sold domestically, the taxpayers must declare and fully pay taxes and fines as prescribed in Circular No. 38/2015/TT-BTC.

According to Decree No. 187/2013/ND-CP, traders are allowed to process overseas goods that have been allowed to be circulated on the Vietnamese market for business on the basis of compliance with regulations on management of import and import.

According to Decree No. 08/2015/ND-CP dated January 21, 2015 & Law on Import and Export Tax No. 107/2016/QH13, when EPEs receive goods for repair for a domestic company and import them, If the imported materials and supplies are not subject to tax and they are no longer used in the free trade zone, they must declare and pay taxes according to regulations.

The enterprise rents/borrows new machines from the parent company, and assigns them to companies with outsourcing functions in Vietnam to process products. In this case, the enterprises are allowed to import and hire new machinery under Article 50 of Decree No. 08/2015/ND-CP, which was amended and supplemented in Clause 23, Article 1 of Decree No. 59/2018/ND-CP.

In case a Vietnamese organization or individual signs a processing contract with a foreign trader but does not directly process but hires another organization or individual to process the whole process or to process a part (outsourcing), then organizations and individuals who sign processing contracts with foreign traders carrying out export and import procedures, report on finalization of processing contracts to customs offices and take responsibility before law for the implementation of such processing contracts under Article 62 of Circular No. 38/2015/TT-BTC dated March 25, 2015.

According to https://www.customs.gov.vn/

Documentary Editorial Board, DBRC,

Dong Du International Accounting & Legal Consulting Group Vietnam

Southeast Asia Business Consulting Network

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