Công văn 15514/BTC-TCT

To: Provincial-level Tax Departments

The Ministry of Finance has received official letters of a number of Tax Departments and enterprises requesting guidance on value-added tax (VAT) deduction and refund for on-spot exports specified in Official Letter No. 1135/BTC-TCT of January 24, 2011, pursuant to Articles 41 and 117 of Circular No. 79/2009/TT-BTC (Articles 41 and 118 of Circular No. 194/2010/TT-BTC which take effect on January 1, 2011), Point 1, Section II, and Point 1.3 d2, Section III, Part B of Circular No. 129/2008/TT-BTC the Ministry of Finance guides as follows:

1. Vietnamese traders (including also foreign-invested traders) that have on-spot exports are eligible for VAT rate of 0% if satisfying the following conditions:

i) Export contracts and processing contracts signed with foreign traders clearly state that goods will be delivered to consignees in Vietnam;

ii) Customs declaration of on-spot imports and exports with the customs certification that goods have been delivered to on-spot importers designated by foreign parties.

iii) Goods sold to foreign traders but delivered in Vietnam must be paid via banks in a freely convertible foreign currency. The via-bank payment documents comply with the guidance at Point 1.3, c.3, Section III, Part B of the Ministry of Finance’s Circular No. 129/2008/TT-BTC of December 26, 2008. In case on-spot importers are authorized by foreign parties to make payment to on-spot exporters, the payment currency complies with the law on foreign exchange.

iv/ Export invoices or VAT invoices clearly state names of foreign traders and on-spot importers and places of delivery in Vietnam.

2. Vietnamese on-spot importers shall implement the laws on VAT and import and export duties.

3. In case Vietnamese traders having contracts on sale of goods to foreign traders and foreign traders designating the delivery of goods to other traders in Vietnam are enterprises in non-tariff areas, these goods are eligible for VAT rate of 0% if satisfying the conditions specified at Point 1.3.d2, Section III, Part B of Circular No. 129/2008/TT-BTC of December 26, 2008 of the Ministry of Finance.

Above are opinions of the Ministry of Finance for provincial-level Tax Departments to guide enterprises. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for consideration and solution.-