PROCEDURES FOR NEW FACTORY - FROM A-Z

1.    Register for digital signature, VNACCS account, business registration & investment certificate:

• Digital signature: Businesses need to have a digital signature to make customs declarations. Currently, most businesses use digital signatures to declare taxes, and can also use this digital signature to declare customs. For newly established businesses, Dolphin staff will assist your business in registering a digital signature with the customs authority. Enterprises need to register to use the ECUS5 VNACCS System (VNACCS Account) to transmit electronic declarations, effective after 24 hours.
• Business registration: Business registration is when entities permitted to operate business submit an operation registration application to a competent state agency to be licensed for their business activities according to regulations. law (legally). In other words, business registration is a recognition by a competent state agency of the business activities of a business entity. Enterprises must have business registration to carry out import and export activities.
• Investment certificate: Investment registration certificate is a paper or electronic document that records the investor's registration information about an investment project. This is a type of document that allows individual or organizational investors to invest capital in production and business activities in the territory of Vietnam. For enterprises with foreign investment, except for cases where investment certificate registration is not required, the remaining cases must have an investment certificate. The import and export rights of foreign-invested enterprises will be shown on the investment certificate.

2.    Register to buy customs declaration software:

• Customs declarations for imported and exported goods in Vietnam are currently applied electronically and are declared through Ecus5 VNACCS software. Currently, there are several parties providing this software, but the most popular is still the software of Thai Son Technology Development Company Limited.
• To declare customs, businesses must purchase the Ecus5 VNACCS software license corresponding to the appropriate type of business. In addition, customers can use our electronic customs clearance service with Ecus5 VNACCS software installed and data stored on Dolphin's computer.

3.    Customs procedures for newly established businesses

3.1. Common business enterprise

• Tax policy: businesses fulfill their import tax obligations, VAT tax, environmental protection tax, self-defense tax & anti-dumping tax, special consumption tax (if any) for imported and exported goods export according to the provisions of Vietnamese law.
• Specialized inspection procedures: Enterprises must fully implement specialized inspection policies according to the provisions of law. For each specific item, Dolphin will advise you on each type of corresponding specialized policy.

3.2. Export processing or processing enterprises, export production

• Tax policy on imported machinery and equipment to create fixed assets: For processing and export manufacturing enterprises when importing machinery and equipment for production; Enterprises must fulfill all tax obligations. However, in some cases, if they meet the conditions and regulations of Vietnamese law, businesses will be exempt from import tax by applying for an import tax exemption list. For export processing enterprises, they can import machinery for production without paying import tax and VAT. Contact Dolphin for immediate advice and optimal solutions for importing and exporting machinery and equipment for businesses.
• Tax policy for imported raw materials: Do not have to pay import tax & value added tax when the enterprise notifies the production facility & inspects the production facility. In addition, export processing enterprises must carry out additional procedures to check customs supervision conditions.
• Tax policy for exported products: For processing, if the product is produced from domestic raw materials and supplies with export tax, the value of domestic raw materials and supplies will not be exempted from tax. corresponding composition in the product. For products manufactured for export, there is no export tax exemption if any. For export products, export processing enterprises are not subject to import tax and value added tax.

4.      Specialized inspection procedures:

• Pursuant to Decree No. 74/2018/ND-CP , subjects exempt from state quality inspection are as follows:

” 7. Group 2 products and goods are exempt from quality inspection when imported:

1. a) Luggage of people entering the country, movable assets of organizations and individuals within the tax-free allowance (excluding motor vehicles, specialized motorbikes, and electric bicycles);
2. b) Goods of diplomatic organizations and individuals and international organizations within the tax-free allowance (excluding motor vehicles, specialized motorbikes, and electric bicycles);
3. c) Product samples for advertising have no use value; sample goods for scientific research and production research; Product samples for testing for inspection, certification of compliance with national technical regulations, inter-laboratory testing;
4. d) Goods temporarily imported for display and introduction at trade fairs and exhibitions (excluding motor vehicles, specialized motorcycles, and electric bicycles);
5. d) Gifts and donations within tax norms (excluding motor vehicles, specialized motorbikes, and electric bicycles);
6. e) Goods exchanged by border residents within tax norms;
7. g) Goods, supplies, equipment, and machinery temporarily imported for re-export that are not consumed or used in Vietnam (excluding motor vehicles, specialized motorcycles, and electric bicycles);
8. h) Goods in transit, transshipment, and transshipment;
9. i) Goods from abroad brought into bonded warehouses (not applicable to goods from bonded warehouses brought into domestic consumption);
10. k) Raw materials, supplies, sample goods for processing for foreign countries, to produce export goods; Raw materials for the production of goods for domestic consumption and circulation in the market in cases where the goods have been quality controlled according to corresponding national technical regulations (except for imported raw materials for use in fertilizer production). , plant protection drugs, animal feed, aquatic feed, livestock waste treatment products, aquaculture environmental treatment products and spare parts, components, components, systems of the method Transport means belong to group 2 products and goods).
11. l) Goods sold tax-free to customers on exit (managed according to temporary import - re-export regime);
12. m) Goods re-imported for repair or recycling at the request of foreign partners;
13. n) Goods imported to serve urgent requirements under the direction of the Government and Prime Minister;
14. o) Specialized imported goods serving national defense and security purposes;
15. p) Other types of goods not for business purposes (non-commercial type) according to the decision of the Minister of industry and field management.”

Thus, when an enterprise imports machinery and equipment to create fixed assets: it is not exempt from specialized inspection, it must carry out all types of specialized inspection. When importing goods to use as raw materials for production, they are exempt from state quality inspection, except for some specialized inspections that still have to be carried out according to legal regulations such as chemical declaration and applying for a license to import money. matter.

5.      Notification & inspection of production facilities

- This is a mandatory condition that must be fulfilled if you want to import raw materials for export production, processing, or export without paying taxes. Enterprises shall notify the production facility to the customs electronic system, and at the same time submit hard copy documents to the customs authority. The customs authority will compare documents and go to the enterprise's production facility to confirm the actual status. The customs authority shall issue a certificate of sufficient processing and production capacity to the enterprise if appropriate.

6.      Register for customs supervision conditions (only applicable to export processing enterprises)

- This is a requirement that only applies to export processing enterprises. At least 30 days before the business officially begins operations, the business must send documents and notices about the surveillance camera system, private entrance, storage of raw materials, finished products, and semi-finished products to the customer. customs authority.

7.      Settlement report

- No later than the 90th day from the end of the fiscal year, processing, export production, and export processing enterprises must submit settlement reports to the customs authority managing the enterprise. Final settlement report submitted once for the entire fiscal year. Depending on the data declared by the enterprise, the customs authority may or may not conduct an inspection of the enterprise's settlement report.

8. Finalization of processing contracts (only applicable to processing enterpriseslabour )

- No later than 30 days from the date the processing contract ends or expires, organizations and individuals must complete the procedures for handling excess raw materials, supplies, scrap, and defective products. , rented and borrowed machinery and equipment and processed products according to regulations.

9. Refund of export production tax

- For export manufacturing enterprises, if they are not eligible for tax exemption on raw materials, they can import and pay tax. After manufacturing & exporting the product, a refund of the tax paid can be made.

10. Post-customs clearance inspection

- Post-customs clearance inspection is the process where customs officers check the truthfulness, reasonableness and reliability of the information the goods owner has declared to the customs through checking customs commercial documents and certificates. from accountants and banks of cleared shipments. These documents are kept by entities (individuals/companies) directly or indirectly involved in international trade. The post-clearance scope is all customs declarations for 5 years from the date of registration. Inspection content: annual settlement reports, import and export inventory, import and export product policies, HS codes, processing contracts.

11. Conclusion

- Above are articles clarifying customs procedures for newly established businesses. The article is based on practical experiences of DOLPHIN Company. Besides, to update better articles about import-export information or freight rates and train schedules; Customers can follow the fanpage to be updated with the latest articles. If you have any questions or comments, please contact our DOLPHIN Company hotline or email according to the information below:

• DOLPHIN SEA AIR SERVICES CORPORATION
• Hotline: 1900986813
• Email: saleshan6@dolphinseaair.com
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