Thông tư 10/2015/TT-BTC

CIRCULAR

DETAILING THE IMPLEMENTATION OF THE PRIME MINISTER’S DECISION NO. 54/2014/QD-TTG OF SEPTEMBER 19, 2014, ON IMPORT DUTY EXEMPTION FOR COMPONENTS IMPORTED TO PRODUCE OR ASSEMBLE MEDICAL EQUIPMENT PRIORITIZED FOR RESEARCH AND MANUFACTURE

Pursuant to the June 14, 2005 Law on Import Duty and Export Duty;

Pursuant to the Government’s Decree No. 87/2010/ND-CP of August 13, 2010, detailing a number of articles of the Law on Import Duty and Export Duty;

Pursuant to the Government’s Decree No. 215/2013/ND-CP of December 23, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Prime Minister’s Decision No. 54/2014/QD-TTg of September 19, 2014, on import duty exemption for components imported to produce or assemble medical equipment prioritized for research and manufacture;

At the proposal of the Director of the Tax Policy Department,

The Minister of Finance promulgates the Circular detailing the implementation of the Prime Minister’s Decision No. 54/2014/QD-TTg of September 19, 2014, on import duty exemption for components imported to produce or assemble medical equipment prioritized for research and manufacture (Decision No. 54/2014/QD-TTg).

Article 1. Scope of regulation

1. Domestically unavailable components imported to produce or assemble medical equipment prioritized for research and assembly under investment projects listed in the Appendix to Decision No. 54/2014/QD-TTg shall be eligible for import duty exemption within 5 years from the date the projects commence producing or assembling products according to Article 1 of Decision No. 54/2014/QD-TTg.

2. Components specified in Clause 1, Article 1 of this Circular include electronic, transistorized and mechanical parts imported to assemble finished products.

Article 2. Duty exemption duration

The 5-year duration of import duty exemption counting from the date a project commences production shall be determined under Clause 15, Article

100 of the Ministry of Finance’s Circular No. 128/2013/TT-BTC of September 10, 2013, on customs procedures; customs inspection and supervision; import duty, export duty and management of imports and exports (Circular No. 128/2013/TT-BTC).

Article 3. Conditions for application

1. Imported components eligible for import duty exemption prescribed in Article 1 of this Circular are those imported to produce or assemble medical equipment with basic technical specifications mentioned in the Appendix to Decision No. 54/2014/QD-TTg.

2. Imported domestically unavailable components shall be identified under the Ministry of Planning and Investment’s Circular No. 04/2012/TT-BKHDT of August 23, 2012, promulgating the list of domestically available machinery, equipment, substitute parts, special-use vehicles, materials, supplies and semi-finished products, and other instructions (if any) of the Ministry of Planning and Investment.

Article 4. Dossiers and procedures for duty exemption, finalization of the import and use of imports

1. The dossiers and procedures for registration of the list of imports eligible for duty exemption must comply with Article 101 of Circular No. 128/2013/TT-BTC.

2. The dossiers and procedures for import duty exemption must comply with Article 102 of Circular No. 128/2013/TT-BTC.

3. The finalization of the import and use of imports eligible for duty exemption under this Circular must comply with Article 103 of Circular No. 128/2013/TT-BTC.

Article 5. Effect

1. This Circular takes effect on March 15, 2015.

2. In case legal documents referred to in this Circular are amended, supplemented and replaced, the amending, supplementing or replacing documents shall apply.

3. For investment projects on production or assembly of medical equipment prioritized for research and manufacture listed in the Appendix to Decision No. 54/2014/QD-TTg under which components are imported to produce or assemble medical equipment with customs declarations registered between November 15, 2014, and the effective date of this Circular, the import duty exemption must comply with Decision No. 54/2014/QD-TTg and Articles 1, 2, 3 and 4 of this Circular.

4. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for appropriate amendment and supplementation.-