NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIETNAM Independence-Freedom-Happiness ****

LAW

On amendment of and addition to some articles of
the Law on Export and Import Duties
****

Pursuant to Articles 84 to the constitution of the Socialist Republic of Vietnam in 1992;

This Law is hereby Amended and supplemented with some Articles of the Law on Export and Import duties passed by the National Assembly of the Socialist Republic of Vietnam on December 26,1991.

Article 1.

Amendment of and Additions to some Articles of the Law on Export Duties shall be as follows :

1.Articles 2 shall be amended as follows :

"Article 2- The following goods shall not be subject to export or import duty after necessary customs formalities are made clear.

1. Goods in transit including those being transported on roads which cross the borders of Vietnam, goods transported through border-gates as the regulations stipulated by the Government;
2. Humanitarian goods which are the subject of an aid programme or projects"

2. Article 10 shall be amended as follows :

"Article 10 - The following goods shall be subject to the exemption from export and import duty :

1. Non - returnable aid;
2. Temporary imports and re-exports, temporary exports for exhibitions and re-imports.
3. Such movable goods and assets;
4. Export and imports of foreign organizations and individuals, pursuant to international treaties to which Vietnam is a participant, enjoy immunities stipulated by the Government;
5. Materials and raw-materials which are imported for purpose of processing for foreign countries and then re-export them according to the contract already concluded."

3. Article 11 shall be amended as follows :

"Article 11 - the following goods shall be subject to a consideration for the exemption from applicable duties :

1)Imports for specialized use for direct service to security, national defense, scientific research, education and training purposes.

2)Exports or imports of an enterprise with foreign invested capital and of the foreign partners to a contractual business co-operation in each special case where it is necessary to encourage the investment.

The State committee for Co-operation and Investment shall, after an unity of opinion with the Ministry of Finance, take into consideration of immunities from and import duties for each specialties where it is necessary to encourage the investment.

3)Gifts and offers of the foreign organizations and individuals given to Vietnamese organizations and individuals and vice versa as provided by the Government".

4. Article 14 shall be amended and added to the end of clause 5 with a paragraph as follows :

"Temporary imports for re-export purpose shall not be subject to the payment of export duty whenever re-export takes place; temporary exports for re-import purpose shall not be subject to the payment of import duty whenever re-import takes place".

5.Paragraph a, b, clause 3 of Article 17 shall be amended and added as follows :

"3. Term for which duty payer is obliged to finish the payment of duties shall be stipulated as follows :

a)Fifteen (15) days, from the date the tax payer received official notification delivered by the tax collection office with respect to the amount of duty to be paid for export goods;

In the case where temporary exports are permitted by a State competent body for re-import purpose, if the re-import takes place really within fifteen (15) days as stipulated in this paragraph, then the import duty shall not be paid.

b)Thirty (30) days, from the date the duty payer received official notification delivered by a tax collection office with respect to the amount of duty to be paid for import goods;

In the case where temporary imports are permitted by a State competent body for re-export purpose, if the re-export takes place really within thirty (30) days as stipulated in this paragraph, then the export duty shall not be paid.

Particularly for goods which are under the form of materials, raw materials imported for the production of export goods, the term of full payment of duties shall be stipulated for each concrete production branch and field, however, this duration of payment shall not exceed ninety (90) days from the date the duty payer received official notification delivered by the tax collection office with respect to the amount of duty to be paid. The Government shall provide details, on concrete terms of duty payment applied to each production branch.

In the case where the export or goods produced by the use of materials and raw-materials imported within the duration limit as stipulated in this paragraph really takes place, then the import duty shall not be paid".

6. Clause 1 of Article 20 shall be amended as follows :

"1- If the payment deadline stipulated in Article 17 of this Law is not met, the duty payer shall be subject to a fine of two tenth (two thousandth) per cent over the total amount of payment."

7. The words "Council of State" shall be amended as the words "Standing Committee of the National Assembly" and the words "Council of Ministry" shall be amended as the words "Government".

Article 2.

The Government shall be responsible for the amendment of and addition to necessary texts that provide details for the implementation of the Law on Export and Import Duties which was promulgated so that they shall be appropriate to this law.

Article 3.

This Law shall be of full force and effect as from September 1, 1993.

This Law was passed by The National Assembly of the Socialist Republic of Vietnam at the third session of 9th Legislature on July 5,1993.

Chairman of the National Assembly

(Signed)

NONG DUC MANH