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   Question Information :
Title : Import form
Subject : Customs Procedures
Questioner : Hidden Name
Question Date : 27/06/2008
Question Content : My company is a 100 percent foreign invested export processing business. It has a factory at Yen Phong Industrial zone in Bac Ninh
In the factory design, air-conditioners equipped have the capacity of 30000BTU, 9000BTU and 27000BTU. My business imports these products by making a financial contribution (my company’s assets).
I would like to ask in what form I could import this kind of products
+ Exemption from VAT and import tax
+ Payment of tax or what form is suitable?
(If there are any policy guidelines, please attach them for me to know) Thank you very much!
  Answer Information :
Answer Place : Customs Department of Dong nai province
Answerer : Specialized Division
Answer Date : 19/08/2008
Answered Content : Circular No. 59/2007/TT-BTC of June 14, 2007, guiding the implementation of import tax and export tax and administration of tax on imports and exports stipulates that:

“II. Tax-free objects:
3. Goods exported from non-tariff zones to abroad; goods imported from abroad into non-tariff zones and for use within these zones only; goods brought from one non-tariff zone to another.”

Your business is an export processing company and imports machinery as fixed assets so your business can complete the declaration form in the form of exemption from tax. When importing air-conditioners in the above-mentioned case, your business is exempted form import tax and is not subject to VAT because the products cannot be produced at home in accordance with the List promulgated with the Decision No.827/2006/QD-BKH of August 15, 2006 of MPI.

However, high power air-conditioners with capacity of less than 90,000 BTU are subjected to special consumption tax of 15 percent in accordance with Circular No.115/2005/TT-BTC of December 15, 2005, guiding the implementation of the government’s Decree No. 156/2005/ND-CP OF December 16, 2005, which amends and supplements the decrees detailing the implementation of the special consumption tax law and the value added tax law. Your company can visit website of Dong Nai Customs Office at www.dncustoms.gov.vn for reference