When circulating goods on the market today, especially imported goods, businesses need to learn and master the regulations on invoice regimes and documents to ensure compliance with the law.
1. What are imported goods circulating on the market?
Imported goods circulating on the market will include imported goods that are in transit; on sale; stored at warehouses, berths, yards, at establishments producing or trading imported goods or at other locations.
It should be noted that some imported goods are also waiting for transportation or are being stored at another location but are not in the category of imported goods circulating on the market: Goods temporarily imported – re-exported, goods temporarily exported – re-imported, goods imported for the implementation of investment projects, goods are raw materials and supplies imported for the performance of processing contracts for foreign traders, imported goods transferred at border gates, goods transferred at ports, goods in transit that are subject to inspection and supervision from customs, etc.
2. Invoices and documents accompanying imported goods circulating on the market
2.1 For goods directly imported by production and business establishments:
Goods that are directly imported when sold at storage stores must have:
- Warehouse cum internal shipping slip (for accounting goods depending on the same province or city).
- Warehouse receipts cum internal transportation of invoices (in case the store accounts independently or not in the same area as the head office).
- Warehouse receipt (for stored goods)
2.2 For imported goods of production and business establishments not directly imported, transported, sold or stored
Enterprises need to prepare invoices and vouchers of sales establishments as prescribed in the Government’s Decree No. 123/2020/ND-CP dated 19 October 2020 prescribing invoices and records.
In case imported goods are transferred by production and business establishments to dependent accounting establishments (branches, shops, stores; export and return of goods from dependent units to business establishments; export goods for offer; export goods to participate in fairs or exhibitions), an invoice or warehouse cum internal shipping slip must be enclosed with the dispatch order.
2.3 For goods that are fully processed products imported on site; raw materials and accessories of contracts for processing for foreign traders or contracts for import of raw materials for production of goods for export permitted for consumption in the market
Invoices and vouchers shall be made as follows:
- If the manufacturer or processor of export goods transports, stores and sells at stores in the same locality must have a copy of the customs declaration of imported goods and the warehouse internal transport slip;
- If an establishment producing and processing export goods transports, stores and sells at affiliated stores in other areas or affiliated stores in the same independent accounting area, a copy of the import customs declaration and internal warehouse-cum-transport slip or invoice as prescribed;
- If an export-producing or processing establishment sells to other production and business establishments, an invoice must be issued according to regulations. For raw materials and materials imported for processing contracts and processed products sold into the country as designated by the outsourcing partner, a customs declaration confirming customs clearance must be made according to regulations.
2.4 For goods that an export-producing or processing establishment transports semi-finished products, raw materials, fuels and materials for reprocessing at another processing establishment
A processing contract must be issued together with an internal warehouse-transport slip and a dispatch order.
2.5 For imported goods are purchased by the National Reserve
An invoice of sale from the National Reserve must be obtained
2.6 For goods that are gifts, duty-free gifts duty-free goods sold in border-gate economic zones when there is a change in the purpose of use or transfer of domestic consumption
When circulating on the market, production and business establishments must have documents proving that the goods have been declared and the original receipt of import tax collection.
3. Deadline for presenting invoices and documents for imported goods when circulating on the market
For imported goods that are being transported, sold, or stored at warehouses, berths, yards and gathering points, the establishments producing and trading in imported goods, persons with related interests and obligations must present full invoices and documents proving the legality of goods at the time of inspection under the provisions of law and Circular 64/2015/TTLT-BTC-BCA-BQP stipulate the regime of invoices and documents for imported goods circulating on the market.
About imported goods of an establishment producing or trading in imported goods being sold, stored at warehouses, berths or yards under the right of use (warehouses, berths or yards registered for business activities with competent agencies) or owned by such establishments, the presentation of invoices, documents is made as follows:
- At the time of inspection, the establishment producing or trading in imported goods, persons having related interests and obligations must present copies of invoices and documents bearing the seal of the establishment producing or trading in imported goods to have grounds to determine that imported goods are legal;
- Within 24 consecutive hours from the time of inspection, the manufacturer and trader of imported goods must present full invoices and original documents proving the legality of goods by the provisions of law and Circular 64/2015/TTLT-BTC-BCA-BQP.
- In case at the end of 24 consecutive hours from the time of inspection, if it coincides with the prescribed break, the presentation of the dossier shall be made at the working time following the break and the inspection agency must clearly state the time and place requested to be presented in the minutes.
- At the time of inspection, if the producer or trader of imported goods has not yet presented invoices and vouchers to have grounds to determine the legality of imported goods, the goods inspection agency shall detain the goods under the provisions of law to verify the legality of the goods.
In case an imported goods producer or trader presents a complete dossier proving the legality of goods but the inspection agency has grounds to determine the origin of illegally imported goods, the inspection agency shall detain the goods, compare dossiers, verify and clarify the origin of such goods for handling under the provisions of law and take responsibility before the law if causing damage to the establishment producing or trading in imported goods.
In addition, enterprises and business units should pay attention to violations if goods imported and circulated on the market do not have invoices and documents; fake invoices or vouchers, which have no use value, expire their use value or make false invoices; failing to produce invoices and vouchers within the statutory time limit. If it falls into one of the above cases, if it has not reached the level of being examined for criminal liability, it will be administratively sanctioned under law.
