Customs & Global Trade Update | August & September 2025 

This Update highlights the following matters:

  • Draft Decree to replace the Decree detailing certain provisions of the Law on Foreign Trade Management

  • Circular stipulating the rules of origin of goods under the Trade in Goods Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the Republic of Korea (AKFTA) 

  • Electronic tax transaction process applicable to exported and imported goods 

  • Imposition of temporary anti-dumping duties on certain wood fiberboard products originating from Thailand and Mainland China

  • Amending administrative procedures in the customs sector under the management of the Ministry of Finance (MoF)

Official Letters providing guidance on the following matters:

  • Import duty refund for goods imported on-the-spot (OTS) 

  • Transshipment of transit goods from one freight train car to another freight train car at the export border gate

  • Tax refund for excess value added tax (VAT) paid at the import stage

  • VAT policy for imported goods that have been exported but returned

  • Customs procedures for goods purchased, sold, or leased between export processing enterprises (EPEs) and domestic enterprises 

  • VAT policy for goods and services of EPEs purchased from domestic enterprises

  • Imported materials for manufacturing or processing exported goods remain subject to special consumption tax (SCT) payment at the import stage

Details

Draft Decree to replace the Decree detailing certain provisions of the Law on Foreign Trade Management

In accordance with the direction of the Deputy Prime Minister in document No. 6906/VPCP-KTTH dated 24 July 2025, a new Decree has been drafted to implement the Law on Foreign Trade Management (replacement of Decree No. 69/2018/ND-CP dated 15 May 2018) – hereinafter referred to as the draft Decree. The Ministry of Industry and Trade (MoIT) has been assigned the task of drafting and submitting the draft Decree to the Government in November 2025.

To gather opinions from relevant agencies, organizations and individuals, on 12 September 2025, the Agency of Foreign Trade published the full text of the draft document on the official website of the MoIT. Some notable amendments mentioned in the draft Decree include: 

  • Adding regulations on the rights of foreign traders without a presence in Vietnam

  • Foreign traders without a presence in Vietnam are permitted to conduct business activities solely within the scope of import and export rights, as prescribed by prevailing government regulations.

  • Foreign traders without a presence in Vietnam are permitted to purchase goods from domestic producers and designate delivery to other traders in Vietnam for use as raw materials for processing goods for the initial foreign trader or as raw materials for producing export goods.

  • Supplementing regulations exempting the application of foreign trade management measures for unused goods being re-imported by traders 

  • Amending the procedures for issuing temporary import-export business licenses; temporary import-export permits; temporary export-re-import permits; transshipment business licenses; and goods transit permits

  • Adding regulations regarding the periodic review of commodity lists, while updating the list of goods prohibited from export and import in accordance with current regulations; the list of goods subject to export and import permits and conditions specified in the attached appendices

  • Including new generation tobacco products under harmonized system (HS) code 2404 in the list of goods prohibited from temporary import, re-export and transshipment

According to the content recorded in the proposal, the Draft Decree has reviewed and simplified many administrative procedures, abolished some investment and business conditions, shortened licensing times, and reduced the documentation requirements compared to current regulations.  

Please refer to the full draft Decree document for more details.

Circular stipulating the rules of origin of goods under the AKFTA Agreement

On 9 September 2025, the MoIT issued Circular No. 49/2025/TT-BCT, stipulating the rules of origin of goods under the Trade in Goods Agreement within the AKFTA (Circular 49).

Circular 49 essentially inherits the rules of origin of goods within the framework of the AKFTA, as prescribed in Circular No. 20/2014/TT-BCT dated 25 June 2014 which has been amended and supplemented by Circular No. 26/2018/TT-BCT dated 14 September 2018, Circular No. 13/2019/TT-BCT dated 31 July 2019 and Circular No. 04/2024/TT-BCT dated 27 March 2024, with key provisions on determination of origin, certification, and verification of origin of goods. 

Enclosed with Circular 49 are four appendices, including:

  • Appendix I – Product specific rules (PSR) based on the HS 2022

  • Appendix II – Regulations for certain special goods

  • Appendix III – Sample certificate of origin (C/O) form AK 

  • Appendix IV – Sample supplementary declaration C/O form AK

Circular 49 takes effect from 1 May 2026.

Please see more details in Circular 49. 

Electronic tax transaction process applicable to exported and imported goods 

On 29 July 2025, the Customs Sub-Department of Region XVIII issued Official Letter No. 988/HQKV18-NV (OL 988) providing guidance on specific provisions prescribed in Circular No. 51/2025/TT-BTC dated 2 June 2025 of the MoF regarding electronic tax transaction process applicable to exported, imported, transited goods, and transportation vehicles for existing, entering, transiting (Circular 51/2025).

Some key guidelines in OL 988 are as follows: 

  • From 7 August 2025, the customs authorities will apply electronic tax transaction processes on exported and imported goods, transit, and transportation vehicles for exit, entry, and transit, including:

  • Collecting and paying state budget electronically. 

  • Implementing guarantees for state budget payments for exported and imported goods electronically

  • Taxpayers carrying out electronic tax transactions under Circular 51/2025 must have access to the Internet, have an email address and a digital signature, accordingly:

  • Taxpayers must register their digital signature with the customs authority in accordance with the regulations on electronic tax transactions and tax administration, to pay taxes via the customs electronic payment portal.

  • Individual taxpayers who already have a tax identification number but do not have a digital signature, or who use electronic payment services provided by banks or intermediary payment service providers, are not required to register or use a digital signature. 

  • Methods of electronic tax payment and documents preparation:

  • The customs electronic payment portal or supporting software tools are provided by the customs authorities through the customs electronic payment portal.

  • Electronic payment services are powered by banks or intermediary payment service providers.

  • Procedures for electronic payment of customs duties, fees, and charges imposed on goods. 

Please see more details in OL988.

Imposition of temporary anti-dumping duties on certain wood fiberboard products originating from Thailand and Mainland China

On 5 September 2025, the MoIT issued Decision No. 2491/QD-BCT regarding the imposition of temporary anti-dumping duties on certain wood fiberboard products originating from Thailand and Mainland China (Decision 2491). Some key points related to the goods subject to temporary anti-dumping duties include:

  • Basic characteristics: certain wood fiber board products or products made from other wood-like materials, which are attached together with glue or other organic adhesives

  • HS codes: 4411.12.00, 4411.13.00, 4411.14.00, 4411.92.00, 4411.93.00, and 4411.94.00 

  • Temporary anti-dumping duty rates: depending on the manufacturer, exporter, and related trading companies, the rates range from 2.59% to 39.88% for goods originating from Mainland China, and from 8.30% to 20.20% for goods originating from Thailand

  • The temporary anti-dumping duties: taking effect 15 days after the issuance of Decision 2491, with the duration of 120 days from the effective date.

Additionally, the Decision mentions certain products that are exempted from the scope of the temporary anti-dumping duties, as well as the procedures, documentation for inspection and application of the temporary anti-dumping duties.

Please see more details in Decision 2491. 

Amending administrative procedures in the customs sector under the management of the MoF

On 25 August 2025, the MoF issued Decision No. 2902/QD-BTC (Decision 2902) to amend administrative procedures in the field of customs and under the MoF’s management.

List of amended administrative procedures includes:

  • Advance determination of the origin of exported and imported goods 

  • Customs procedures for luggage of incoming passengers exceeding the duty exemption allowance, luggage of outgoing and incoming passengers sent after the flight

  • Customs procedures for aircraft, ships and trains for exit, entry and transit

  • Customs procedures for cars, motorcycles and motorbikes for exit and entry

  • Customs procedures for inland waterway vehicles for exit and entry, and vehicles crossing border gate areas for the delivery of goods 

  • Customs procedures for temporarily exported and re-imported goods and temporarily imported and re-exported goods

List of abolished administrative procedures under the management of the MoF includes:

  • Customs procedures for ships and aircraft that are temporarily imported – re-exported or temporarily exported then re-imported for repair and maintenance

  • Customs procedures for goods that are temporarily imported – re-exported or temporarily exported – re-imported for conferences, seminars, scientific research, education, sports competitions, cultural and artistic performances, medical treatment, research and development of product for a certain period 

  • Customs procedures for goods that are temporarily imported – re-exported or temporarily exported – re-imported for the purpose of organizing or participating in fairs and exhibitions to promote products

  • Customs procedures for machinery, equipment, components, spare parts and items that are temporarily imported for replacement or repair of foreign ships and aircraft or temporarily exported for replacement or repair of Vietnamese ships and aircraft abroad

  • Customs procedures for other temporarily imported – re-exported goods or temporarily exported – re-imported goods

The specific implementation process is guided in Section II attached to Decision 2902. The Decision takes effect from the date of signing. Please refer to Decision 2902 for more details. 

Some notable guiding documents:

  • When an enterprise plans to change the means of transportation before shipping transit goods from the import border gate to the export border gate, the customs declarant must submit a written request to the customs authority at the initial import border gate for review and approval.

  • If the transit shipment has completed the transportation process from the import border to the export border (the customs authority at the export gate has confirmed the arrival on the handover note), then the enterprise needs to change the means of transportation, the declarant must submit a request to the export customs authority for review and approval.

No.

Topic

Subject

Content

22303/CHQ-GSQL

 

Dated 5 September 2025

Tax refund

Import duty refund for goods OTS imported

  • In cases where OTS imported products are imported under a different customs declaration code than the one applicable to toll manufacturing, the taxpayer should use import customs declaration code for business (A11); for manufacturing business (A12) to declare and pay import duty and import VAT. 

  • If the importer has paid the import duty for manufacturing business and used the OTS imported goods in the manufacturing of exported products and has actually exported those products overseas or into a free trade zone (FTZ), they are eligible for a refund of the import duties paid in accordance with Article 36 of Decree No. 134/2016/ND-CP dated 1 September 2016, as amended and supplemented by Decree No. 18/2021/ND-CP dated 11 March 2021 of the Government.

21260/CHQ-GSQL

 

Dated 29 August 2025

Customs procedures

Transshipment of transit goods from one freight train car to another freight train car at the export border gate

  • When an enterprise plans to change the means of transportation before shipping transit goods from the import border gate to the export border gate, the customs declarant must submit a written request to the customs authority at the initial import border gate for review and approval.

  • If the transit shipment has completed the transportation process from the import border to the export border (the customs authority at the export gate has confirmed the arrival on the handover note), then the enterprise needs to change the means of transportation, the declarant must submit a request to the export customs authority for review and approval.

19078/CHQ-GSQL

 

Dated 13 August 2025

Tax refund

Tax refund for excess VAT paid at the import stage

  • If a taxpayer has an excess VAT amount paid at the import stage and has submitted a request for VAT refund using Form No. 27/CVDNHNT/TXNK in Appendix III of Circular No. 39/2018/TT-BTC dated 20 April 2018 (Circular 39/2018), then the customs authority where the declaration is registered will issue a decision to refund the excess VAT paid.

  • The procedure for handling excess VAT payments is carried out according to the provisions of Article 10 of Circular 06/2021/TT-BTC dated 22 January 2021, Articles 131 and Article 132 amended in Circular 39/2018.

  • The taxpayer is responsible for declaring the adjustment of the excess VAT amount that has been processed with the customs authority to the managing tax authority (if applicable).

5067/HQKV3-NVHQ

 

Dated 12 August 2025

VAT

VAT policy for imported goods that have been exported but returned

  • Article 3 of Circular No. 119/2014/TT-BTC dated 25 August 2014 stipulates that business establishments are not required to pay VAT in the case of importing goods which have been exported but returned by foreign traders. When the business establishment sells these returned goods domestically, they must declare and pay VAT according to regulations. However, this provision has been abolished by Circular No. 69/2025/TT-BTC dated 1 July 2025.

  • From 1 July 2025, the VAT policy regarding the importation of goods that have been exported but returned by the foreign trader shall be implemented according to the provisions of Articles 3 and Article 5 of the 2024 Law on VAT.

16946/CHQ-GSQL

 

Dated 30 July 2025

Customs procedures

Customs procedures for goods bought, sold, or leased between EPEs and domestic enterprises

  • Based on the provisions of Law on Export duty - Import duty, Law on Foreign Trade Management, and Law on Commercial, the transactions of buying, selling, leasing and borrowing goods between domestic enterprises and EPEs fall into export-import transaction category.

  • Accordingly, customs procedures will be carried out in accordance with the regulations in Chapter II of Circular No. 38/2015/TT-BTC dated 25 March 2015 as amended and supplemented by Circular 39/2018, specifically as follows:

  • The exporting enterprise lodges an export declaration. On the export declaration, in the field "Internal management number of the enterprise", the enterprise declares “#&XKTC”.

  • The importing enterprise lodges an import declaration according to the corresponding type. On the import declaration, in the field " Internal management number of the enterprise", the enterprise declares in the following syntax: "#&NKTC#&Corresponding export declaration number of the exporting enterprise (first 11 characters)". 

  • Tax policy: to be implemented as for commercial export-import goods.

  • Specialized inspection policy: to be implemented according to the regulations on the management of goods between the domestic area and the separate customs area as stipulated in the Law on Foreign Trade Management No. 05/2017/QH14 and specialized regulations. 

1425/QNG-QLDN1

 

Dated 10 September 2025

VAT

VAT policy for goods and services of EPEs purchased from domestic enterprises

Regarding the VAT tax rate:

  • In cases where EPEs use goods and services supplied by domestic enterprises within the FTZ, and serve the business activities that is aligned with the objectives of an investment project approved by the competent authority in the investment registration certificate (IRC) (with EPE mechanism applied), and are not being used for any other purposes beyond the objectives of the investment project, those goods and services are considered to directly serve export production activities and are subject to a 0% VAT rate.

  • In cases where EPEs engage in other business activities permitted under Vietnamese laws (other than export processing activities) that are not aligned with the objectives of the investment project under the IRC applicable to EPEs, such activities are not entitled to tax mechanism applicable to EPEs. Goods and services purchased or sold in connection with other business activities are subject to applicable VAT rates (i.e. exempt, 5%, or 10%) and must declare and pay VAT in accordance with VAT regulations.

13400/BTC-CST

 

Dated 28 August 2025

SCT

mported materials for manufacturing or processing exported goods remain subject to SCT payment at the import stage

In response to a proposal from the Vietnam Association of Seafood Exporters and Producers (VASEP) regarding the exemption of SCT at the input stage for types of alcohol or alcohol-based additives used as raw materials in the production of export goods—similar to the mechanism for exempting import duties on raw materials for export, the MoF based on Article 8 of the Law on SCT No. 27/2008/QH12 (effective until 31 December 2025) and will be inherited by Article 9 of the Law on SCT No. 66/2025/QH15 dated 14 June 2025, provides the following clarification:

  • The SCT is not administered based on the intended use purposes.

  • In cases where alcohol is imported as a raw material for the manufacturing or processing of export goods, the SCT paid will be refunded in accordance with applicable regulations.

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