Import and export tax by the law of Vietnam

by NguyenThiThuTrang

Import and export tax is one of the familiar taxes. Determining whether it is a direct or indirect tax depends on the particular situation. Import and export taxes that associated with foreign trade activities. Currently, foreign trade activities are expanding. Foreign sales contracts are very common. The tariff pressure also clearly shows the will of the state. Many merchants want to import goods to sell. However, they do not know the regulations on the calculation of import tax.

How are import and export taxes calculated according to the law? So, let’s answer Lawyer X through the following article:

– Import and Export Tax 2016

Consulting content:

What is import and export tax?

An import tax is a tax that a country or territory levies on goods of foreign origin during importation.

Who is the subject of tax?

Usually, import and export tax can understand as an indirect tax. That is, the taxable person will be the consumer. However, this determination depends on the specific case.

– Case 1: Taxpayers are producers and traders who import goods into Vietnam. At this time, the tax rate will apply to the goods and the bearer is the consumer.

– Case 2: Taxpayers are also consumers. In case people buy these goods for consumption, this considered a direct tax.

Taxable objects

1. Goods imported or exported through Vietnam’s border gates or border gates.

2. Goods exported from the domestic market to export processing enterprises, export processing zones, tax-suspension warehouses, bonded warehouses, and other non-tariff zones by the provisions of Clause 1, Article 4 of the Law on Export Tax, Import Tax; goods imported from export processing enterprises, export processing zones, tax-suspension warehouses, bonded warehouses, and other non-tariff zones by the provisions of Clause 1, Article 4 of the Law on import tax and export tax on the domestic market. country.

3. On-spot export and import goods specified in Clause 3, Article 2 of the Law on Import and Export Tax shall comply with the provisions of Decree No. 08/2015/ND-CP dated January 21, 2015, of the Government. The Government shall detail and implement the Customs Law on customs procedures, inspection, supervision, and control.

4. Goods of export processing enterprises exercising the right to export, import or distribute as prescribed in Clause 3, Article 2 of the Law on import and export tax are goods imported or exported by export processing enterprises. to exercise the right to export, right to import, and right to distribute according to the provisions of the commercial law, the investment law.

How are import and export taxes calculated according to the law?

Calculate tax as a percentage

1. The amount of import tax and export tax is determined based on the dutiable value and the tax rate as a percentage (%) of each item at the time of tax calculation.

2. Tax rates for exported goods are specified for each item in the export tariff schedule.

In case goods are exported to a country, group of countries, or territories that have agreements on preferential export tax in commercial relations with Vietnam, these agreements shall be followed.

3. Tax rates for imported goods include preferential tax rates, special preferential tax rates, and ordinary tax rates and are applied as follows:

Preferential tax rate

Preferential tax rates apply to imported goods originating from countries, groups of countries, or territories that provide most-favored-nation treatment in trade relations with Vietnam; goods imported from a non-tariff zone into the domestic market that satisfy the conditions of origin from a country, group of countries or territories that apply most-favored-nation treatment in trade relations with Vietnam.

Special preferential tax rates

Special preferential tax rates apply to imported goods originating from countries, groups of countries, or territories that have agreements on special preferential treatment for import taxes in commercial relations with Vietnam; goods imported from a non-tariff zone into the domestic market that satisfy the conditions of origin from a country, group of countries or territory that has a special agreement on preferential import tax in trade relations with Vietnam.

Normal tax rate

The normal tax rates apply to imported goods that do not fall into the remaining cases. The normal tax rate that set at 150% of the preferential tax rate of each respective item. There are cases where the preferential tax rate is 0%. At this time, the Prime Minister decides to apply the normal tax rate.

Calculate absolute tax

The tax amount applying the absolute tax calculation method to exported and imported goods is determined based on the actual quantity of exported or imported goods and the absolute tax rate prescribed for a unit of goods in Vietnam. tax time.

Calculate mixed tax

The tax amount applying the mixed tax calculation method to exported and imported goods is determined as the total tax amount according to the percentage and the absolute tax amount as prescribed in Clause 1, Article 5, and Clause 1 of this Article. Article 6 of the Law on Export and Import Tax 2016.

Please see more:

Tax incentives for agricultural production enterprises in Vietnam

Newly established businesses declare tax monthly or quarterly in Vietnam?

Frequently asked questions

Is the border in the article understood as the border of Vietnam’s territory?

No. Some areas are still within Vietnam’s territory but still subject to import and export taxes. For example, special economic zones, non-tariff zones

Some special economic zones in Vietnam?

Van Don Special Economic Zone, Bac Van Long Special Economic Zone, …

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Please contact us immediately with questions about the Import and export tax by the law of Vietnam

Contact LSX Lawfirm

Finally, we hope this article is useful for you to answer the question: “Import and export tax by the law of Vietnam”. If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

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