THE MINISTRY OF
FINANCE OF VIETNAM |
THE SOCIALIST
REPUBLIC OF VIETNAM |
No.: 642/TCHQ-TXNK |
Hanoi, February 25, 2022 |
To: |
- Provincial Customs Departments; |
The General Department of Vietnam Customs has received requests from certain enterprises (whose names appear in the list enclosed herewith) for guidelines on declaration of VAT rate, determination of names and HS codes of imported goods which are not eligible for VAT reduction under the Government’s Decree No. 15/2022/ND-CP dated January 28, 2022. In response to these requests, the General Department of Vietnam Customs has some opinions as follows:
1. Declaration and calculation of VAT on imported goods should base on the actual conditions of imported goods, provisions on objects subject to VAT, 5% VAT and 10% VAT in the VAT Law and Article 1 of the Decree No. 15/2022/ND-CP , and the list of goods and services which are not eligible for VAT reduction in Appendixes enclosed with the Decree No. 15/2022/ND-CP .
2. Imported goods which are not eligible for VAT reduction under the Resolution No. 43/2022/QH15 are those goods having their names specified in column 8 “name of product” and described in column 9 “contents" (in case contents in column 9 are not available, the name of product in column 8 shall be applied) of Appendix I, Part A Appendix III or in column 3 “goods” of Part B Appendix III or those subject to excise tax in Appendix II enclosed with the Decree No. 15/2022/ND-CP .
If any of the imported goods mentioned in Appendixes I, II, III enclosed with the Decree No. 15/2022/ND-CP is not subject to VAT or is subject to 5% VAT as prescribed in the VAT Law, it shall be treated in accordance with the provisions of the VAT Law.
If an imported good other than those mentioned in Appendixes I, II, III enclosed with the Decree No. 15/2022/ND-CP is subject to 10% VAT as prescribed in the VAT Law, it may be eligible for 8% VAT as prescribed in the Resolution No. 43/2022/QH15.
3. Determination of goods which are not eligible for VAT reduction in column 10 Appendix I, column 10 Part A Appendix III, column 4 Part B Appendix III:
3.1. An imported good shall not be eligible for VAT reduction if (i) its name is specified in column 8 “name of product” and it is described in column 9 “contents" (in case contents in column 9 are not available, the name of product in column 8 shall be applied) of Appendix I, Part A Appendix III or in column 3 “goods” of Part B Appendix III and (ii) its 2-digit (Chapter), 4-digit (heading), 6-digit (subheading) or 8-digit (tariff item) HS code is specified in column 10 Appendix I, column 10 Part A Appendix III, or column 4 Part B Appendix III, and shall be treated as follows:
a) If column 10 Appendix I, column 10 Part A Appendix III, or column 4 Part B Appendix III only indicates HS code of Chapter, all goods of that Chapter meeting the condition (i) mentioned above shall not be eligible for VAT reduction.
b) If column 10 Appendix I, column 10 Part A Appendix III, or column 4 Part B Appendix III indicates HS codes of Chapter and heading, all goods of that heading meeting the condition (i) mentioned above shall not be eligible for VAT reduction.
c) If column 10 Appendix I, column 10 Part A Appendix III, or column 4 Part B Appendix III indicates HS codes of Chapter, heading and subheading, all goods of that subheading meeting the condition (i) mentioned above shall not be eligible for VAT reduction.
d) If column 10 Appendix I, column 10 Part A Appendix III, or column 4 Part B Appendix III indicates HS codes of Chapter, heading, subheading and tariff item (8 digits), all goods bearing that 8-digit HS code and meeting the condition (i) mentioned above shall not be eligible for VAT reduction.
3.2. Imported goods which are not eligible for VAT reduction are those goods having their names specified in column 8 “name of product” and described in column 9 “contents" (in case contents in column 9 are not available, the name of product in column 8 shall be applied) of Appendix I, Part A Appendix III or in column 3 “goods” of Part B Appendix III, and marked (*), and shall be treated as follows:
Based on the actual conditions of imported goods, list of Vietnam’s imports and exports enclosed with the Circular No. 65/2017/TT-BTC dated June 27, 2017 and the Circular No. 09/2019/TT-BTC of the Ministry of Finance of Vietnam, HS code specified in customs declaration forms shall be 8-digit HS code of such goods which shall not be eligible for VAT reduction.
4. Goods described as “Other” in Part B Appendix III are those goods which are classified in one of the headings specified in Section I through VI but classified in neither of the subheadings of these headings.
Example 1: Section I indicates the heading of calculating machines, network equipment and peripherals, and names of products are clearly specified in subheadings bearing ordinal number 01 – 05 but the subheadings bearing the ordinal number 06 is “Other”. In this case, imported goods in the subheadings bearing the ordinal number 06 are those goods classified in the heading of machines, network equipment and peripherals other than cash registers (No. 01), accounting machines (No. 02), e-readers (No. 03), automatic plate exposure machines (No. 04) and CTP plate making machines (No. 05).
Example 2: Section V indicates the heading of multi-media electronics, communication and telecommunications apparatus, and names of products of subheadings are specified as follows: No. 01 (Transmission apparatus for radio-broadcasting or television, telecommunications apparatus), No. 02 (Telephone), No. 03 (Transmission network apparatus), and No. 04 (Other).
In the subheading bearing No. 01, names of products are specified in No. 001 to 005, but No. 006 bears the word “Other”. In this case, imported goods classified in the No. 006 are those goods classified in the subheading bearing No. 01 (Transmission apparatus for radio-broadcasting or television, telecommunications apparatus) other than those specified in No. 001 (Telephone exchanges), No. 002 (Radar apparatus), No. 003 (Microwave apparatus), No. 004 (switching apparatus, set top boxes which have a communication function), and No. 005 (capacity amplifiers).
Provincial Customs Departments and enterprises whose names appear in the list enclosed herewith are requested to comply with the instructions herein./.
|
PP. DIRECTOR
GENERAL |
LIST OF ENTERPRISES
(enclosed with the Official Dispatch No. 642/TCHQ-TXNK dated February 25, 2022 of the General Department of Vietnam Customs)
No. |
Enterprises |
Number and date of official dispatch |
Address |
1 |
Rita Vo Co., Ltd. |
063-22/XNK-RTV dated February 15, 2022 |
327 Hanoi Highway, An Phu Ward, Thu Duc, Ho Chi Minh City |
2 |
Roche Vietnam Co., Ltd. |
1006/0222/HC-RV dated February 11, 2022 |
27th Floor, Pearl Plaza Building, No. 561A Dien Bien Phu Street, Ward 25, Binh Thanh District, Ho Chi Minh City |
3 |
Tung Vi Trading Service Production Co., Ltd. |
01/02/22-CVTV dated February 10, 2022 |
418/15 Tran Phu, Ward 7, District 5, Ho Chi Minh City |
4 |
Kangaroo International Joint Venture Company |
1102/2022/CV-KGR dated February 11, 2022 |
Tan Quang Industrial Park, Tan Quang Commune, Van Lam, Hung Yen Province |
5 |
Benny VietNam Electric Joint Stock Company |
02/CV dated February 16, 2022 |
No. 12, Alley 26 Xuan Dieu, Quang An Ward, Tay Ho District, Hanoi City |
6 |
Giao Van Service – Trading Company Limited |
01/TCHQ/2022 dated February 8, 2022 |
208 Hoang Hoa Tham Street, Ward 12, Tan Binh District, Ho Chi Minh City |
7 |
Vietnam Automobile Manufacturers Association |
025101/2022/VAMA dated February 15, 2022 |
10th Floor, Dao Duy Anh Building, No. 9 Dao Duy Anh Street, Dong Da, Hanoi City |
8 |
Linh Hung Co., Ltd. |
CV1102/LH-HQ dated February 11, 2022 |
Phu Lam Industrial Point, Phu Lam Ward, Ha Dong District, Hanoi City. |
9 |
BHFLEX Co., Ltd. |
20220209-01/BHFLEX dated February 9, 2022 |
Khai Quang Industrial Park, Khai Quang Ward, Vinh Yen City, Vinh Phuc Province |
10 |
Cuckoo Vina Co., Ltd. |
1402/CV-HQ dated February 14, 2022 |
15th Floor, C Tower, Central Point Building, 219 Trung Kinh Street, Yen Hoa Ward, Cau Giay District, Hanoi City |
11 |
THN Vietnam Co., Ltd. |
170222/CV dated February 17, 2022 |
414, Luy Ban Bich Street, Hoa Thanh Ward, Tan Phu District, Ho Chi Minh City |
12 |
Fusion Group Co., Ltd. |
01/2022-FUSION dated February 17, 2022 |
Lot L1-06B, Lot L1-07B, Lot L1-08B, An Khanh Ecotourism Area, An Khanh, Hoai Duc, Hanoi City |
13 |
Tan Hoa Loi Co., Ltd. |
16-22/CV-THL dated February 15, 2022 |
245/61D Hoa Binh, Hiep Tan, Tan Phu, Ho Chi Minh City |
14 |
Panasonic Life Solutions Vietnam Co., Ltd. |
PLSVN-09022022 dated February 09, 2022 |
No. 1 Vsip II-A, Road No. 12, VN-Singapore II-A Industrial Park, Vinh Tan, Tan Uyen, Binh Duong |
15 |
Nidec Mobility Vietnam Co., Ltd. |
NMOV-202202-01 dated February 14, 2022 |
21st Floor, Leadvisors Tower, Pham Van Dong Street, Bac Tu Liem, Hanoi City |
16 |
MJ Logistics Hanoi Co., Ltd. |
202202-01 dated February 09, 2022 |
15th Floor, TTC Tower, Block B1A, Cau Giay Cottage Industry and Light Industry Manufacturing Cluster, Dich Vong Hau Ward, Cau Giay District, Hanoi City |
17 |
Hanoi International Pharma - Chemical Joint Stock Company |
CV1102/HIPC-HQ dated February 11, 2022 |
No.8, Alley 4, Xom Quarter, Phu Lam Ward, Ha Dong District, Hanoi City |
18 |
XNK Bao Tien Joint Stock Company |
02/2022/BT-CST dated February 19, 2022 |
11, Road A, Phu Thanh Ward, Tan Phu District, Ho Chi Minh City |
19 |
Tung Ho Steel Vietnam Corporation Limited |
02.2022/CV/VMKHQ dated February 17, 2022 |
Phu My II Industrial Zone, Phu My Ward, Ba Ria – Vung Tau Province |
20 |
Posco Yamato Vina Steel Joint Stock Company |
20220214/PY dated February 14, 2022 |
Road N1, Phu My II Industrial Zone, Phu My Ward, Ba Ria – Vung Tau Province |
21 |
Benny Vietnam Electronics Joint Stock Company |
08/CV, 09/CV dated February 19, 2022 |
1st Floor, A Tower, Dong Phat Building, Vinh Hung, Hoang Mai, Hanoi City |
22 |
Benny VietNam Electric Joint Stock Company |
05/cv dated February 19, 2022 |
No. 12, Alley 26 Xuan Dieu, Quang An Ward, Tay Ho District, Hanoi City |
23 |
Vinacomin – Coal Import Export Joint Stock Company |
95/CLM-KTTC dated February 21, 2022 |
47 Quang Trung, Hoan Kiem District, Hanoi City |
24 |
Dat Hop Co., Ltd. |
Official Dispatch without reference number dated February 21, 2022 |
No. 2, Road No. 4, Van Phuc 1 Housing Area, Hiep Binh Phuoc, Thu Duc, Ho Chi Minh City |
25 |
Panasonic Vietnam Co., Ltd |
2022.22.001/PSV-GDC dated February 22, 2022 |
Lot J1-J2, Thang Long Industrial Zone, Kim Chung Commune, Dong Anh, Hanoi City |
26 |
SBC Digital Joint Stock Company |
01/CV-2022/SBC dated February 17, 2022 |
182C Le Thi Bach Cat, Ward 11, District 11, Ho Chi Minh City |
27 |
ABB Automation and Electrification (Vietnam) Co., Ltd. |
01/022022/CV-ABB dated February 23, 2022, No. 02/022022/CV-ABB dated February 22, 2022 |
19th Floor, Friendship Building, No. 31, Le Duan Street, Ben Nghe Ward, District 1, Ho Chi Minh City |
28 |
Sunhouse Group Joint Stock Company |
230222 dated February 23, 2022 |
No. 139, Nguyen Thai Hoc Street, Dien Bien Ward, Ba Dinh District, Hanoi City |
29 |
Y Hop Mechanery and Spare Part Joint Stock Company |
220222/YH dated February 22, 2022 |
46/41/61 Vuon Chuoi, Ward 4, District 3, Ho Chi Minh City |
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