Quyết định 31/2015/QD-TTg

DECISION

ALLOWANCE OF BAGGAGE, MOVABLES, GIFTS, DONATIONS AND SAMPLE GOODS THAT QUALIFIES FOR TAX EXEMPTION, TAX EXEMPTION CONSIDERATION AND NON-TAXABLE STATUS

Pursuant to the Law on Government Organization dated December 25, 2001;

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

Pursuant to the Law on Value-added Tax dated June 3, 2008, and the Law on Amendments and Supplements to several articles of the Law on Value-added Tax dated June 19, 2013;

Pursuant to the Law on Excise Duty dated November 14, 2008;

Pursuant to the Law on Tax Administration dated November 29, 2006, and the Law on Amendments and Supplements to several articles of the Law on Tax Administration dated November 20, 2012;

Pursuant to the Law on Customs dated June 23, 2014;

Pursuant to the Law on Amendment and Supplement to several articles of the Law on Tax dated November 26, 2014;

Pursuant to the Government's Decree No. 87/2010/ND-CP dated August 13^th, 2010 on providing specific provisions on implementation of a number of articles of the Law on Customs Duty;

Pursuant to the Government’s Decree No. 83/2013/ND-CP dated July 22, 2013 on providing specific provisions on implementation of several articles of the Law on Tax Administration and the Law on Amendment and Supplement to several articles of the Law on Tax Administration;

Pursuant to the Government's Decree No. 187/2013/ND-CP dated November 20, 2013 on providing specific provisions on implementation of the Commerce Law on international commodity trade, and operations of agents specializing in purchasing, selling, processing and transiting goods with foreign counterparts;

Pursuant to the Government’s Decree No. 209/2013/ND-CP dated December 18, 2013 on providing instructions on the implementation of several articles of the Law on Value-added Tax;

Pursuant to the Decree No. 91/2014/ND-CP dated October 1, 2014 on amendments and supplements to several articles of Decrees on Taxation;

Pursuant to the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 on providing specific provisions and measures to implement the Law on Customs in terms of customs procedures, regulations on customs inspection, supervision and control;

Pursuant to the Decree No. 12/2015/ND-CP dated February 12, 2015 on providing specific provisions on implementation of the Law on Amendment and Supplement to several articles of the Law on Taxation and Amendment and Supplement to several articles of Decrees on Taxation;

After considering the request of the Minister of Finance,

The Prime Minister hereby promulgates the Decision on allowance of baggage, movables, gifts, donations and sample goods that qualify for tax exemption, tax exemption consideration and non-taxable status.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decision specifies allowance of baggage carried by passengers that enter into Vietnam through border checkpoints by showing passports, entry and exit documents issued by Vietnamese competent authorities, or passports and international travel documents issued by foreign competent authorities; allowance of imported movables; allowance of gifts, donations and sample goods issued by overseas organizations or individuals to Vietnamese ones and vice versa.

2. This Decision shall not apply to the followings:

a) Temporary import, re-export, elimination, assignment of motor vehicles and motorbikes of entities eligible for diplomatic immunities and privileges in Vietnam;

b) Temporary import, import or purchase of tax-exempt goods in Vietnam, and export, re-export, disposition and elimination of necessary items for work and daily life of diplomatic missions, diplomatic posts and representative offices of international organizations eligible for the privileges and immunities in Vietnam;

c) Movables of foreign experts engaged in ODA programs and projects in Vietnam.

Article 2. Applicable entities

1. Tax-exempt baggage: Arriving passengers.

2. Movables:

a) Overseas people sent to Vietnam for work or official tasks;

b) Vietnamese organizations or civilians coming back to Vietnam after terminating their work or term in office from abroad;

c) Vietnamese expatriates permitted to obtain their permanent residence registration in Vietnam;

d) Vietnamese expatriates being intellects, experts, skilled workers returning to Vietnam to work for more than one year at the invitation of Vietnam’s government agencies.

3. Gifts, donations and sample goods: Vietnamese citizens (except for Vietnamese people residing in overseas countries).

4. Customs authorities, customs officers and other government agencies performing their assigned functions and duties to manage baggage and commodities being movables, gifts, donations and sample products.

Chapter II

PROVISIONS ON ALLOWANCE

Article 3. Arriving passenger's baggage allowance

Baggage allowance that qualifies for import duty exemption, and are exempted from excise tax and value-added tax of arriving passengers shall be set as follows:

1. Liquors, alcoholic beverages

a) Liquors containing more than 22% alcohol by volume: 1.5 liters;

b) Liquor containing below 22% alcohol: 2.0 liters;

c) Alcoholic beverages, beers: 3.0 liters

If arriving passengers carry liquors contained in entire bottles, kegs, jars or cans (hereinafter referred to as bottle) of which the volume is allowed to exceed the volume allowance stated in Point a, b and c of this Clause but the excess volume is restricted to 01 (one) liter, the entire bottle of each one shall be eligible for tax exemption. However, if the excess volume is greater than 01 (one) liter, it shall be taxed in accordance with legal regulations.

2. Tobacco products

a) Cigarettes: 200 tubes;

b) Cigars: 100 tubes;

c) Cut tobacco: 500 grams

Inbound passengers shall have a stipulated allowance of cigarettes and cigars eligible for tax exemption; if they carry more than such tax-exempt allowance, the excess amount of these products shall be temporarily put under the custody of customs warehouses at border checkpoints and claimed back within the duration stated in Clause 5 Article 59 of the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 on providing specific provisions and measures to implement the Law on Customs in terms of the procedure for customs clearance, inspection, supervision and control.

3. The allowance stipulated in Clause 1, 2 of this Article shall not be applicable to persons under 18 years of age.

4. With regard to personal items, their quantity and type must be relevant to the journey purpose.

5. As for other items that fall outside of the list of goods stipulated in Clause 1, 2 and 4 of this Article (also outside of the list of goods subject to import ban, temporary import suspension or conditional import), their total value is not allowed to exceed VND 10,000,000 (ten million Vietnam dong).

6. Regular inbound passengers in accordance with Clause 5 Article 58 of the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 on providing specific provisions and measures to implement the Law on Customs on procedures for customs clearance, inspection, supervision and control shall not be entitled to tax exemption per each entry of their baggage carried within the allowance stipulated in Clause 1, 2, 3 and 5 of this Article, but they shall be entitled to 01 (one) tax exemption per 90-day entry of their baggage carried within the stipulated allowance.

Article 4. Tax-exempt allowance of movables

1. As for movables (such as used or brand-new personal items used for work and daily life activities, exclusive of motor vehicles and motorbikes) of individuals stipulated in Clause 2 Article 2 hereof, stated allowance of each of these ones that qualify for import duty, excise duty and value-added tax exemption shall be 01 (one) item or set.

2. As for movables (such as used or brand-new personal items used for work and daily life activities, except for motor vehicles and motorbikes) of organizations stipulated in Point b Clause 2 Article 2 hereof, stated allowance of each of these ones that qualify for import duty, excise duty and value-added tax exemption shall be 01 (one) item or set.

3. As for used motor vehicles and motorbikes of individuals stipulated in Point c Clause 2 Article 2 hereof and conforming to specified requirements and technical standards to be imported into Vietnam in accordance with legal regulations, 01 (one) motor vehicle or 01 (one) motorbike shall be exempted from import duty, but subject to excise duty and value-added tax in accordance with legal regulations.

4. As for used or brand-new motor vehicles of individuals stipulated in Point d Clause 2 Article 2 hereof which are imported to use during the period of work in Vietnam, 01 (one) motor vehicle shall be eligible for import duty, excise duty and value-added tax exemption.

Used motor vehicles are required to meet specified requirements and technical standards to be permitted for import into Vietnam in accordance with legal regulations.

If motor vehicle owners, after ending their work term in Vietnam, wish to transfer their motor vehicles to other organizations or individuals in Vietnam, they have to pay their tax liabilities and comply with legal regulations on used motor vehicles.

In the event that they wish to leave their motor vehicles for the next work term, they are required to apply for approval granted by Vietnam's government agencies that have invited them to return to work.

Article 5. Tax-exempt allowance of gifts and donations

1. Gifts and donations that qualify for tax exemption as stipulated in this Article are those that fall outside of the list of goods subject to import and export ban and temporary suspension as well as the list of excisabe goods (exclusive of those serving the purpose of security and national defence) in accordance with laws.

2. Gifts and donations given by foreign organizations or individuals to Vietnamese individuals, and those given by Vietnamese organizations or individuals to foreign individuals that have the value of less than VND 2,000,000 (two million Vietnam dong), or more than VND 2,000,000 (two million Vietnam dong), but on which total amount of tax liability is less than VND 200,000 (two hundred thousand Vietnam dong), shall be exempted from export and import duty as well as value-added tax.

3. Gifts and donations given by foreign organizations or individuals to Vietnamese organizations, and those given by Vietnamese organizations or individuals to foreign organizations with the value of less than VND 30,000,000 (thirty million Vietnam dong) shall be entitled to export, import exemption consideration and exempted from value-added tax. As for gifts or donations exceeding the permitted amount of VND 30,000,000 (thirty million Vietnam dong), they shall be exempt from import duty, excise tax and VAT levied on all of their shipment under the following circumstances:

a) Consignee is permitted to receive such gifts and donations being public administrative agencies, socio-political organizations, political – social – professional organizations for use by competent authorities;

b) Goods are gifts or donations serving the charity and humanitarian purposes.

4. If gifts and donations stipulated in Clause 2, 3 of this Article fall within the list of excisable goods for the security and national defence purposes, they shall qualify for export, import duty and shall be exempt from excise value-added tax.

5. If gifts and donations are emergency medications, medical equipment given to persons with serious illnesses or those who suffer from disasters or accidents, and have the value of less than VND 10,000,000 (ten million Vietnam dong), they are exempt from all types of tax.

6. Tax exemption in accordance with Clause 3, 4 and 5 of this Article shall not apply if organizations or individuals frequently receive one or certain good(s).

Article 6. Allowance of sample products of organizations or individuals

1. Goods being sample products of Vietnamese organizations or individuals consigned to overseas individuals, and those consigned by overseas organizations or individuals to Vietnamese individuals with the value of less than VND 1,000,000 (one million Vietnam dong) or more than VND 1,000,000 (one million Vietnam dong), but with total tax liability sum of less than VND 100,000 (one hundred thousand Vietnam dong), shall be exempt from customs duty.

2. Goods being sample products of Vietnamese organizations or individuals consigned to overseas individuals, and those consigned by overseas organizations or individuals to Vietnamese organizations with the value of less than VND 30,000,000 (thirty million Vietnam dong) shall be entitled to customs duty exemption consideration.

3. Goods being sample products stipulated in Clause 1, 2 of this Article and falling outside of the list of goods subjected to export and import ban, temporary export and import suspension shall be tax-exempt.

Article 7. Imports or exports in excess of allowance of baggage, movables, gifts, donations and sample goods

Organizations, individuals stipulated in Clause 1, 2, 3 and Clause 4 Article 2 hereof shall be permitted for import or export of goods in excess of tax-exempt and exemption consideration allowance stipulated in Article 3, 4, 5 and 6 hereof with the following conditions:

1. Goods must meet legal regulations on goods export and import policies at the export and import time.

2. All taxes on goods in excess of the stated allowance must be paid in accordance with legal regulations.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of related governmental organs

1. The Ministry of Finance shall preside over and collaborate with Ministries and related agencies charged with:

a) Providing instructions on completing the procedure for customs clearance, inspection and supervision as well as customs administration of goods being movables and baggage of inbound passengers as stipulated in Article 3 and 4 hereof;

b) Providing instructions on implementing the customs procedure and customs administration for import, transfer and reexport of motor vehicles and motorbikes in accordance with Clause 3, 4 Article 4 hereof;

c) Providing instructions on implementing the customs procedure and administration and tax exemption consideration for gifts, donations and sample goods stipulated in Article 5 and 6 hereof;

d) Directing and making the aggregate report on implementation of this Decision, and show their initiative in dealing with any difficulty, as well as report to the Prime Minister to deal with any issues beyond their competence.

2. The Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, and the Ministry of Transport, shall be responsible for collaborating with the Ministry of Finance in directing and organizing the implementation of this Decision.

Article 9. Effect

This Decision shall enter into force from October 1, 2015 and abolish Clause 1 Article 4 of the Prime Minister’s Decision No. 210/1999/QD-TTg dated October 27, 1999 on several policies that apply to Vietnamese expatriates.

Article 10. Ministers, Heads of Ministry-level agencies, Heads of Government agencies, the President of the People’s Committee of centrally-affiliated cities and provinces, and Heads of related agencies, shall be responsible for this Decision.