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Procedure Details

Summary

Procedure Name
7.3. Tax refund for imported and exported goods
Responsible agency
General Department of Vietnam Customs
ATR’s procedure categories
Special customs regimes
Legal basis

Detail

The Law on Import and Export Duties provides for the tax refund as follows:

1. Cases of tax refund:

a) Any taxpayer who has paid export duty or import duty but has no exports or imports, or the quantity of exports or imports is smaller than the quantity on which duty is paid;

b) Any taxpayer who has paid export duty but the exports has to be re-imported shall receive a refund of export duty and does not have to pay import duty;

c) Any taxpayer who has paid import duty but the imports has to be re-exported shall receive a refund of import duty and does not have to pay export duty;

d) Any taxpayer who has paid tax on goods imported to serve manufacture or business operation and they have been used for manufacture of exports and the products are already exported;

dd) Any taxpayer who has paid tax on machinery, equipment, tools, vehicles of organizations and individuals that are permitted to be temporarily imported for re-export, except for those rented to execute investment projects, construction and installation, manufacture, when they are re-exported to abroad or exported to a free trade zone.

The amount of import duty refunded depends on the remaining value of goods when they are re-exported according to the period of time over which they are used or stay in Vietnam. If the goods are no longer usable, import duty shall not be refunded.

Tax shall not be refunded if the refundable amount is below the minimum level specified by the Government.

2. Tax on the goods specified in Point a through c of Clause 1 of this Article shall be refunded if such goods have not been used or undergone working or processing.

3. The procedures for tax refund shall comply with regulations of law on tax administration.

 

Decree 134/2016/ND-CP dated September 1, 2016 of the Government detailing a number of articles and measures to implement the Law on Import and Export Duties provides specific instructions on the cases of tax refund, as well as application and procedures for tax exemption for each case. This Decree is amended and supplemented further by Decree 18/2021/ND-CP dated March 11, 2021 of the Government.