Decree No. 167/2016/ND-CP dated December 27, 2016 of the Government on duty free business

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Decree No. 167/2016/ND-CP dated December 27, 2016 of the Government on duty free business
Issuing body: GovernmentEffective date:
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Official number:167/2016/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:
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Issuing date:27/12/2016Effect status:
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Fields:Commerce - Advertising , Tax - Fee - Charge

SUMMARY

Goods temporarily imported for sale at duty free shops are exempt from import duty and VAT

 

The Government issued Decree No. 167/2016/ND-CP on December 27, 2016 on duty free business, specified persons on exit or in transit, passengers onboard international flights from Vietnam or persons awaiting exit may purchase duty-free goods without limits in quantity and value but shall take responsibility for procedures and allowances for importing them into countries of entry.

About goods sold at duty free shops, goods sold at duty free shops include goods temporarily imported to Vietnam; Vietnam-made goods; goods for which import procedures have been cleared and which are permitted for circulation in accordance with Vietnamese law.  In which, goods temporarily imported for sale at duty free shops are exempt from import duty and are not liable to excise tax and value-added tax (VAT); Vietnam-made goods sold at duty free shops are entitled to tax policies applicable to temporary exports. For imports sold at duty free shops for which import duty has been paid, the overpaid tax amount shall be handled in accordance with the law on tax administration.

Also in accordance with this Decree, goods sold at duty free shops shall be kept at duty free shops or duty free warehouses of duty free traders. In case goods temporarily imported for sale at duty free shops are sold in the domestic market, the management policy and tax policy for imports shall be applied at the time of opening the new customs declaration for sale in the domestic market unless the policy on management of imports and exports has been fully implemented at the time of registering the first declaration.

Especially, cigarettes, cigars, liquors and beers sold at duty free shops shall be stuck with the “VIETNAM DUTY NOT PAID” stamp issued by the Ministry of Finance; stamps shall be stuck to goods before they are displayed for sale at duty free shops or delivered to goods buyers in case goods are delivered to buyers directly from duty free warehouses.

This Decree takes effect on February 15, 2017.
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THE GOVERNMENT
 
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 167/2016/ND-CP
 
Hanoi, December 27, 2016
 
DECREE
On duty free business[1]
 
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the April 6, 2016 Law on Import Duty and Export Duty;
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 3, 2008 Law on Value-Added Tax and the June 19, 2013 Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax;
Pursuant to the November 14, 2008 Law on Excise Tax;
Pursuant to the November 26, 2014 Law Amending and Supplementing a Number of Articles of the Laws on Taxes;
Pursuant to the November 29, 2006 Law on Tax Administration;
Pursuant to the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Law on Tax Administration;
Pursuant to the June 23, 2014 Law on Customs;
Pursuant to the November 26, 2014 Law on Investment;
Pursuant to the November 21, 2007 Law on Product and Goods Quality;
Pursuant to the June 17, 2010 Law on Food Safety;
At the proposal of the Minister of Finance,
The Government promulgates the Decree on duty free business.
 
 
Chapter I
GENERAL PROVISIONS
Article1. Scope of regulation
This Decree prescribes the management of duty free business activities, covering procedures for goods brought into duty free shops and duty free warehouses, customs supervision of duty-free goods transported among duty free shops, between duty free warehouses and duty free shops, and between duty free warehouses and aircraft, supervision of incoming and outgoing money of duty free traders in isolation areas and restricted areas, duty free sale activities, and reporting on duty-free goods to customs offices.
Article2. Subjects of application
1. Persons on exit, in transit and on entry.
2. Persons entitled to privileges and immunities in Vietnam.
3. Crewmembers aboard seagoing ships operating along international routes.
4. Passengers onboard international flights from and to Vietnam.
5. Enterprises eligible to do duty free business as prescribed by law.
6. Customs offices and customs officers.
7. Operators of seaports, international civil airports and international railway stations.
8. Management units of international land border-gate economic zones and units assigned to manage international land border gates.
9. Organizations with rights and obligations related to duty free business activities.
10. Other state agencies coordinating in the state management of duty free business activities.
Chapter II
MANAGEMENT OF DUTY FREE BUSINESS ACTIVITIES
Article3. Eligible persons and conditions for purchase of duty-free goods
1. Persons on exit or in transit after completing exit or transit procedures, passengers onboard international flights departing from Vietnam or persons awaiting exit entitled to duty free purchase:
a/ Persons on exit or in transit through international land border gates; international railway stations, grade-1 seaports and international civil airports may purchase duty-free goods at duty free shops in isolation areas; passengers onboard international flights departing from Vietnam may purchase duty-free goods onboard aircraft;
b/ Persons awaiting exit may purchase duty-free goods at inland duty free shops and receive their duty-free goods at goods receipt counters in isolation areas of international border gates where they depart;
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Official Gazette
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