19/03/2021 0 Comments 0

C/O issued retrospectively

C/O issued retrospectively   1. Notwithstanding paragraph 3 of Article 21, a C/O may also be issued after exportation of the products to which it relates in specific situations where: a) it was not issued at the time of exportation because of errors, involuntary omissions or other valid reasons. b) the exporter demonstrates to the competent authorities that a C/O was issued but was not accepted at importation for technical reasons. c) the final destination of the products concerned was not known at the [...]

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16/03/2021 0 Comments 0

General requirements

General requirements   1. Products originating in the Union shall, on importation into Viet Nam, benefit from EVFTA upon submission of any of the following proofs of origin: a) a certificate of origin made out in accordance with Articles 20 to 23. b) an origin declaration made out in accordance with Article 24 by an approved exporter within requirements of the Union for any consignment regardless of its value; any exporter for consignments the total value of which does not exceed 6.000 EUR [...]

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12/03/2021 0 Comments 0

Principle of territoriality

Principle of territoriality   1. The conditions set out in Chapter II relating to the acquisition of originating status shall be fulfilled without interruption in a Party. 2. If originating goods exported from a Party return from a non-Party, they shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that the returning goods: a) are the same as those exported. b) have not undergone any operation beyond what is necessary to preserve them in good condition [...]

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09/03/2021 0 Comments 0

Unit of qualification

Unit of qualification   1. The unit of qualification for the application of this Circular shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the HS. 2. When a consignment consists of a number of identical products classified under the same subheading of the HS, each individual item shall be taken into account when applying this Circular. 3. Where, under General Rule 5 of the HS, packaging is included in the product for [...]

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06/03/2021 0 Comments 0

Types of rules in Annex II

Types of rules in Annex II   Annex II to this Circular sets out the conditions required for products to be considered as worked or processed within the meaning of Article 7. There are four different types of rules: 1. through working or processing a maximum content of non-originating materials is not exceeded; 2. through working or processing the two-digit HS Chapter, four-digit HS heading or six-digit HS subheading of the manufactured products becomes different from the two-digit HS Chapter, four-digit HS heading [...]

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05/03/2021 0 Comments 0

Tolerances applicable to non-originating materials

Tolerances applicable to non-originating materials   1. By way of derogation from paragraph 1 Article 7 and subject to paragraphs 2 and 3, non-originating materials may nevertheless be used, provided that their total value or net weight assessed for the product does not exceed: a) 10 percent of the weight of the product or ex-works price for products of Chapters 2 and 4 to 24 of the HS, other than processed fishery products referred to in Chapter 16 of the HS. b) 10 [...]

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02/03/2021 0 Comments 0

Originating goods

Originating goods   The following goods shall be considered as originating in a Party: 1. Goods wholly obtained in a Party within the meaning of Article 6 hereof. 2. Goods obtained in a Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Party concerned within the meaning of Article 7 hereof. Article 6. Wholly obtained goods 1. For the purposes of paragraph 1 Article 5, the following shall be considered as wholly [...]

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26/02/2021 0 Comments 0

Application of risk management in management of tax refund

Application of risk management in management of tax refund   1. The tax authorities shall receive the tax refund dossier, based on the classification of the database system of tax operation information on classification of taxpayers in settlement of tax refund dossier and selection for verification and inspection after tax refund specified in Article 19 of this Circular, they shall apply the appropriate measures in settlement and handling of tax refund dossiers. a) Classification of settlement of tax refund dossiers. – The General [...]

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23/02/2021 0 Comments 0

Closely monitoring taxpayers with signs of violation of tax law

Closely monitoring taxpayers with signs of violation of tax law   1. The taxpayers in the following cases of close monitoring about tax are the taxpayers with the following signs: a) The taxpayers doing transactions through banks have doubtful signs as prescribed by law on prevention and control of money laundry related to the tax evasion and tax fraud. b) The taxpayers or their legal representatives are prosecuted for acts of violation of tax and printed matters of tax. c) The taxpayers with high [...]

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19/02/2021 0 Comments 0

Assessment and rating of taxpayer’s risk level in tax management

Assessment and rating of taxpayer’s risk level in tax management 1. The taxpayers are assessed and rated according to their risk level in tax management, including: a) Level 1: Taxpayers with very low risks; b) Level 2: Taxpayers with low risks; c) Level 3: Taxpayers with average risks; d) Level 4: Taxpayers with high risks; dd) Level 3: Taxpayers with very high risks; e) Level 6: Taxpayers having the operating time of less than 12 months. 2. The tax authorities at all levels shall collect information and [...]

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