Issued on January 21, 2015, and officially effective from March 15, 2015, Decree 08/2015/ND-CP is considered a cornerstone document guiding the implementation of the Customs Law, comprehensively regulating customs procedures as well as customs inspection, supervision, and control.
For the import and export business community, a clear understanding of the legal limitations, processing deadlines, and compliance obligations under this decree is crucial to ensuring the smooth operation of the logistics chain while minimizing the risk of violations and associated costs.
Mandatory limits on goods stored in bonded warehouses.
A bonded warehouse is a storage location for goods that have completed customs procedures but have not yet fulfilled their tax obligations or are awaiting re-export. However, the range of goods permitted to be stored in bonded warehouses is strictly controlled.
According to Article 85, businesses are not allowed to place the following into bonded warehouses:
- Counterfeit goods bearing fake trademarks and falsely claiming Vietnamese origin.
- Goods that pose a potential safety risk to humans.
- Goods that cause serious environmental pollution.
- Goods that are on the list of prohibited or temporarily suspended imports and exports.
Exceptions will only be considered with the special written approval of the Prime Minister.
Regarding storage time, Article 84 requires that goods be removed from storage within the time limit stipulated by the Customs Law. If the owner fails to dispose of the goods within the deadline, the customs authority has the right to organize the liquidation of the goods according to legal procedures. Therefore, inventory management and monitoring deadlines are vital responsibilities for businesses.
Processing time for applications and regulations on temporary import and re-export.
Another important aspect is the timeline related to pre-determining customs information and goods for trade fairs and exhibitions.
Specifically, for applications requesting pre-determination of HS code, origin, or customs value, the General Department of Customs will respond within 30 days of receiving a complete and valid application. In complex cases, the processing time may be extended but will not exceed 60 days. Submitting applications early helps businesses be more proactive in their financial planning and business strategies.
For goods participating in trade fairs and exhibitions:
- Goods temporarily imported into Vietnam must be re-exported within 30 days of the end of the event.
- Goods temporarily exported abroad are permitted to be returned within one year from the date of temporary export.
Principles of goods classification and customs valuation
To ensure consistency and transparency in tax calculation, Decree 08 sets out clear principles on customs classification and valuation.
According to Article 16, the determination of the HS code must be based on the Vietnamese Export and Import Goods Classification List. The customs authority will review the technical documentation, physical and chemical characteristics, structure, and actual intended use to determine the appropriate HS code.
In terms of value:
- Export goods: the customs value is the selling price at the export port, excluding international transportation and insurance costs.
- Imported goods: the customs value is the actual price paid up to the first port of entry.
Preferred business regime and obligation to maintain compliance.
Decree 08/2015/ND-CP allows for the application of a preferential regime in customs procedures for businesses that meet high standards of compliance.
According to Article 10, enterprises wishing to be recognized must:
- Strictly comply with customs and tax laws.
- Implement accounting and auditing procedures in full.
- There is an effective internal control system.
- Achieve the prescribed import and export turnover levels.
Even after receiving preferential treatment, businesses must still maintain their obligations under Article 12, including periodic reporting, coordinating information exchange with customs authorities, and proactively reviewing any errors.
National single window mechanism and customs clearance locations
Aiming to modernize management, the decree emphasizes the application of information technology in customs operations.
According to Article 25, customs declarations are primarily carried out electronically, with paper documents used only in exceptional cases. The national single window mechanism allows businesses to submit electronic documents and process multiple administrative procedures simultaneously through a centralized system.
Regarding customs clearance locations, in addition to the general provisions of the Customs Law, the Prime Minister has the authority to decide on the list of goods that are required to undergo customs procedures at the import border gate in each period. The scope of customs supervision includes both goods and means of transport entering, exiting, and transiting the country.
Procedures for specific types of goods
Decree 08/2015/ND-CP also provides detailed guidance for specific operating models such as:
- Processing and manufacturing for export: businesses must submit a final settlement report on imported raw materials, supplies, and machinery.
- Goods in transit: entry and exit from the free trade zone must comply with strict control procedures.
- Recycle method: the means and packaging containing the goods must comply with the procedures for temporary import - re-export or temporary export - re-import.
Conclude
Understanding and correctly applying Decree 08/2015/ND-CP not only helps businesses comply with the law but also creates a foundation for optimizing import and export processes, minimizing risks, and enhancing competitiveness in the context of increasingly deep international economic integration.
Contact information MAN – Master Accountant Network
- Address: No. 19A, Street 43, Tan Thuan Ward, Ho Chi Minh City
- Mobile/Zalo: 0903 963 163 – 0903 428 622
- Email: man@man.net.vn
Content production by: Mr. Le Hoang Tuyen – Founder & CEO MAN – Master Accountant Network, Vietnamese CPA Auditor with over 30 years of experience in Accounting, Auditing and Financial Consulting.
(Source:) Decree No. 08/2015/ND-CP (issued by the Government on January 21, 2015)
