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Customs alert - June 2023
Following the command of the Deputy Prime Minister – Mr. Le Minh Khai – in the Announcement letter no. 39/TB-VPCP dated 20 February 2023, the General Department of Customs (“GDC”) conducted the assessment regarding the implementation of customs procedure for on-spot imports and exports stipulated in clause 1, Article 35 of the Decree no. 08/2015/ND-CP (“Decree 08/2015").
Accordingly, in its Official letter no. 2587/TCHQ-GSQL dated 29 May 2023 responding to the Ministry of Finance, its divisions and the General Department of Taxation; and the Official letter no. 2588/TCHQ-GSQL issued on the same date sending to provincial Customs Departments and its divisions, the GDC proposed three (03) bullet points for amending and supplementing Article 35 of Decree 08/2015, as follows:
- To eliminate all provisions regarding on-spot imports and exports in Article 35 of Decree 08/2015
- To move the provisions mentioned in points (a) and (b), Clause 1 Article 35 Decree 08/2015 aforesaid mentioned into corresponding articles of Circular no. 38/2015/TT-BTC (amended by Circular no. 39/2018/TT-BTC), making it align with legislation of commerce, foreign trade management, customs and import/export duties
- The proposed changes: Opining that this is a local sale and purchase arrangement, the GDC proposed the local tax authorities to control and collect taxes herein.
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Disclaimer:
We do trust the above points are notable and sufficient, but should you have any questions or need a deeper discussion on this issue, please do not hesitate to contact us.
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