Circular No. 105/2011/TT-BTC dated July 12, 2011 of the Ministry of Finance amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 63/2011/TT-BTC of May 13, 2011, providing the pilot application of the priority regime in the state management of customs to eligible businesses

THE MINISTRY OF FINANCE

Circular No. 105/2011/TT-BTC of July 12, 2011, amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 63/2011/TT-BTC of May 13, 2011, providing the pilot application of the priority regime in the state management of customs to eligible businesses

Pursuant to June 29, 2001 Law No. 29/2001/QH10 on Customs, and June 14, 2005 Law No. 42/2005/QH11 Amending and Supplementing a Number of Articles of the Law on Customs;

Pursuant to November 29, 2006 Law No. 78/2006/QH10 on Tax Administration;

Pursuant to the Government’s Decree No. 154/2005/ND-CP of December 15, 2005, detailing a number of articles of the Law on Customs on customs procedures, examination and supervision;

Pursuant to the Government’s Decree No. 85/2007/ND-CP of May 25, 2007, detailing a number of articles of the Law on Tax Administration, and the Government’s Decree No. 106/2010/ND-CP of October 28, 2010, amending and supplementing a number of articles of Decree No. 85/2007/ND-CP;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

The Ministry of Finance amends and supplements a number of articles of the Ministry of Finance’s Circular No. 63/2011/TT-BTC of May 13, 2011, providing the pilot application of the priority regime in the state management of customs to eligible businesses (below referred to as the Circular) as follows:

Article 1. To amend Clause 1, Article 5 of Circular No. 63/2011/TT-BTC

A business having a record of the law observance means the one which has never been handled by customs agencies and other state management agencies defined in Clause 3 of this Article for any violations; or the one which, during the period specified in Clause 2 of this Article, has been handled for not more than 3 (three) times by the aforesaid agencies for administrative violations (excluding fine for late tax payment) with a fine of over VND 20 million each time without any additional sanction (deprivation of the right to use permits or practice licenses; confiscation of material evidence and means involved in violations; forcible destruction or transportation out of Vietnam of goods; forcible payment of money amounts equal to the value of material evidence involved in violations); businesses which cooperate well with customs offices; customs offices which believe in and can control the law observation by businesses.

Article 2. To amend Clauses 1 and 2, Article 7 of Circular No. 63/2011/TT-BTC

For businesses specified in Clause 1, Article 3 of Circular No. 63/2011/TT-BTC: The export or import turnover must be around USD 350 million/year.

For businesses specified in Clause 2, Article 3 of Circular No. 63/2011/TT-BTC: The export turnover must be around USD 70 million/year.

Article 3. Effect

This Circular takes effect on the date of its signing.-

For the Minister of Finance
Deputy Minister
DO HOANG ANH TUAN