Circular 92/2019/TT-BTC amending Circular 72/2014/TT-BTC

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Circular No. 92/2019/TT-BTC dated December 31, 2019 of the Ministry of Finance on amending and supplementing a number of articles of Circular No. 72/2014/TT-BTC of May 30, 2014, on refund of value-added tax for goods carried along by foreigners and overseas Vietnamese upon exit
Issuing body: Ministry of FinanceEffective date:
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Official number:92/2019/TT-BTCSigner:Vu Thi Mai
Type:CircularExpiry date:Updating
Issuing date:31/12/2019Effect status:
Known

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Fields:Tax - Fee - Charge , Immigration

SUMMARY

From July 01, 2020, VAT refundable goods must satisfy new requirement

This is the new content amended by the Ministry of Finance in the Circular No. 92/2019/TT-BTC on amending and supplementing a number of Articles of the Circular No.  72/2014/TT-BTC dated May 30, 2014 on the value-added tax refund for goods of foreigners, overseas Vietnamese’s goods brought with when exit dated December 31, 2019.

Accordingly, from the effective date of this Circular, VAT refundable goods must satisfy the following requirement: Goods purchased at the enterprise selling VAT reclaimable goods, not yet used, still in their original conditions when purchasing and having VAT invoices cum tax refund declaration issued within 60 days prior to the date the foreigner leaves Vietnam.

This is a new regulation in compare with the Circular No. 72/2014/TT-BTC, in the former 72/2014/TT-BTC prescribes that refundable tax goods must only purchase at the enterprise selling VAT reclaimable goods, having VAT invoices cum tax refund declaration issued within 60 days prior to the date the foreigner leaves Vietnam.

Noticeable, to be appointed as enterprise sell goods that VAT refundable, from July 01, 2020, the enterprise must commit to join in the Value-added tax refund management system for foreigners. This is the system of integrating, storing and exchanging information related to VAT refund for foreigners between agencies, organizations and individuals that the General Department of Customs build and manage and operate.

This Circular takes effect on July 01, 2020.

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Effect status: Known
TTXVN

THE MINISTRY OF FINANCE

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 92/2019/TT-BTC

 

Hanoi, December 31, 2019

 

CIRCULAR

Amending and supplementing a number of articles of Circular No. 72/2014/TT-BTC of May 30, 2014, on refund of value-added tax for goods carried along by foreigners and overseas Vietnamese upon exit[1]

 

Pursuant to the June 3, 2008 Law on Value-Added Tax; and June 19, 2013 Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax;

Pursuant to the April 6, 2016 Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax, the Law on Excise Tax and the Law on Tax Administration;

Pursuant to the June 13, 2019 Law on Tax Administration;

Pursuant to the Government’s Decree No. 209/2013/ND-CP of December 18, 2013, detailing and guiding a number of articles of the Law on Value-Added Tax;

Pursuant to the Government’s Decree No. 100/2016/ND-CP of July 1, 2016, detailing and guiding a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax, the Law on Excise Tax and the Law on Tax Administration;

Pursuant to the Government’s Decree No. 146/2017/ND-CP of December 15, 2017, amending and supplementing a number of articles of the Government’s Decree No. 100/2016/ND-CP of July 1, 2016, and Decree No. 12/2015/ND-CP of February 12, 2015;

Pursuant to the Government’s Decree No. 87/2017/ND-CP of July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the General Director of Customs,

The Minister of Finance promulgates the Circular amending and supplementing a number of articles of Circular No. 72/2014/TT-BTC of May 30, 2014, on refund of value-added tax for goods carried along by foreigners and overseas Vietnamese upon exit.

 

Article 1. To amend and supplement a number of articles of Circular No. 72/2014/TT-BTC of May 30, 2014, on refund of value-added tax (VAT) for goods carried along by foreigners and overseas Vietnamese upon exit

1. To amend and supplement Article 3 as follows:

“Article 3. Principles of performance of customs procedures, customs inspection and supervision, and tax administration

The physical inspection of goods, customs supervision and tax administration serving VAT refund for foreigners must comply with the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, and Decree No. 59/2018/ND-CP of April 20, 2018, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control; the Minister of Finance’s Circular No. 38/2015/TT-BTC of May 23, 2015, and Circular No. 39/2018/TT-BTC of April 20, 2018, on customs procedures; customs inspection and supervision; import and export duties and tax administration for imports and exports; and June 13, 2019 Law No. 38/2019/QH14 on Tax Administration, and its guiding documents.”

2. To add the following Article 4a:

“Article 4a. VAT refund management system for foreigners and access methods

1. The VAT refund management system for foreigners (below referred to as the system), which is built, managed and operated by the General Department of Customs, means a system for integration, storage and exchange of information related to VAT refund for foreigners among agencies, organizations and individuals as provided in this Circular.

2. Subjects that may access and exchange information via the system include:

a/ Customs offices;

b/ Tax offices;

 

[1] Công Báo Nos 241-242 (26/02/2020)

 

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