21 August, 2016
Pursuant to Official Letter No. 849/GSQL-GQ2 dated 23rd June 2016, the Customs Control and Supervision Department provides guidance on procedures on cancellation, liquidation and tax refund for defective goods of foreign invested enterprises, as follow:
Foreign invested enterprises have the right to decide on the liquidation of imported goods, in which import tax has been paid to meet the conditions for liquidation of imported goods in accordance with Circular No. 04/2007/TT-BTM dated 4th April 4th 2007.
In a situation where the Company imports goods under the form of commercial import and upon having defective goods and decides to liquidate it, the Company shall not be eligible for tax refund in accordance with Article 114, Circular 38/2015/TT-BTC dated 25th March 2015 issued by the Ministry of Finance.