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Circular No. 05/2012/TT-BTC: New conditions for excise tax exemption

Under the Finance Ministry’s Circular No. 05/2012/TT-BTC of January 5, guiding the implementation of Government Decrees No. 26/2009/ND-CP of March 16, 2009, and No. 113/2011/ND-CP of December 8, 2011, goods exported directly by manufacturers or processors, including also those sold to or processed for export-processing enterprises, are not liable to excise tax.

To be eligible for excise tax exemption, these establishments must be possessed of goods sale contracts or contracts on goods processing for foreign parties; goods export or return and processing remuneration payment invoices; export declaration forms, and via-bank payment documents.

The new regulation also enumerates other objects not liable to excise tax, including goods imported as humanitarian or non-refundable aids, gifts and donations; goods transited or transported via Vietnamese border gates or borders and goods transported to or from border gates; goods temporarily imported and actually re-exported; personal effects of foreign organizations and individuals within the diplomatic duty-free quotas under diplomatic immunity regulations; and goods imported from abroad into non-tariff areas, goods sold from inland Vietnam into non-tariff areas and used only in non-tariff areas, and goods traded between non-tariff areas, etc.

This new regulation took effect on February 1, replacing Circular No. 64/2009/TT-BTC of March 27, 2009.-

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