Temporary import and re-export machinery and equipment for lease and loan is no longer "confused"

Recently, the General Department of Customs issued Official Dispatch No. 5855/TCHQ-GSQL providing detailed instructions on the steps in the procedural process as well as the necessary documents when declaring customs.

Previously, some local Customs Departments reported problems related to the case of a Vietnamese enterprise (enterprise 1) whose goods were temporarily imported and re-exported machinery and equipment, which no longer needed to be rented and requested to be re-exported to a foreign partner. However, the foreign partner signed a contract with another Vietnamese enterprise (enterprise 2) to continue renting and borrowing for use in production and business. The foreign partner assigned the Vietnamese enterprise (enterprise 1) to deliver the goods in Vietnam to enterprise 2.

To facilitate businesses as well as ensure the management, supervision and tax policies of the Customs authority, the General Department of Customs has guided businesses to carry out the procedure in 5 steps: Step 1: Business 1 registers a re-export declaration at the Customs Branch where the temporary import procedures are carried out (Customs Branch 1), but has not yet carried out the liquidation, the goods have not completed the re-export procedures. Step 2: Business 2 registers a temporary import declaration at the Customs Branch where the business using the temporarily imported goods is managed (Customs Branch 2), but the goods have not yet completed the temporary import procedures. Customs Branch 2 notifies Customs Branch 1 in writing of the registration of the temporary import declaration for the goods. Step 3: Based on the temporary import declaration stated in Step 2, Customs Branch 1 completes the re-export procedures and liquidates the goods, notifies Customs Branch 2 in writing of the results of the customs procedures and liquidation of the re-exported goods. Step 4: Based on the results of customs procedures and liquidation of re-exported goods notified by Customs Branch 1 as stated in step 3, Customs Branch 2 completes temporary import procedures for enterprise 2. Step 5: At the end of the temporary import period, Customs Branch 2 performs liquidation according to regulations.

Regarding customs documents when carrying out temporary import and re-export procedures and liquidation, they must comply with regulations. Particularly, temporary import documents in step 2 and liquidation documents in step 5 must have a lease contract, which includes a clause that the foreign partner delivers goods to enterprise 2 in Vietnam.

According to Diendoanhnghiep-PH