What are the regulations on imported cars in the form of gifts and gifts?

The law stipulates that, for import in the form of gifts or gifts, each Vietnamese organization or individual is allowed to import only one car and one motorcycle donated by a foreign organization or individual in a year. donate.

In recent days, the case of luxury cars imported as gifts, but openly sold by auto shops, has attracted public attention. Accordingly, the problem is how Vietnam regulates the import of cars as gifts.

Cars imported as gifts but sold openly at stores are attracting public attention.

Talking to PLO, lawyer Bui Quoc Tuan, Ho Chi Minh City Bar Association, said that those who are allowed to import cars from abroad include:

Overseas Vietnamese are intellectuals, experts and skilled workers who return home to work for a period of one year or more at the invitation of a Vietnamese State agency.

Foreign experts participating in the management and implementation of ODA programs and projects in Vietnam ensure the conditions for temporary import of automobiles and motorcycles as prescribed in Decision No. 119/2009 dated October 1, 2009. 2009 by the Prime Minister.

Organizations and individuals may import or temporarily import cars and motorbikes according to the provisions of international treaties that Vietnam has signed or acceded to.

Other entities may import cars and motorcycles for non-commercial purposes in accordance with relevant laws.

Customs offices and customs officers shall carry out customs procedures and manage cars and motorbikes of subjects permitted to import or temporarily import for non-commercial purposes.

Vietnamese organizations and individuals that receive the transfer of temporarily imported or duty-free automobiles and motorcycles of the subjects specified in Clauses 1, 2 and 3 of this Article and duty-free imported cars of the foreign investors. subject specified in Clause 4 (hereinafter referred to as car buyer).

“However, in Clause 3, Article 3, Circular No. 143/2015 of the Ministry of Finance dated September 11, 2015 stipulating customs procedures and management of cars and motorbikes of subjects allowed to import, temporarily imported for non-commercial purposes as follows: If the subjects specified in Clause 4, Article 2 are imported in the form of gifts or gifts, each Vietnamese organization or individual may import only one car and one motorcycle in a year. , foreign individuals give or donate “- Law Tuan said.

According to the lawyer, from the above provisions, organizations and individuals take advantage of the import of cars in the form of gifts ….to evade taxes and benefit, so now there are many cars imported under the law. this form.

“Strategies such as setting up a ghost company, using the papers of the elderly …, different addresses, in remote and remote areas … or the same address with many businesses importing cars, benefits Using the open business registration, the law of circumventing the law to import cars has grown a lot in recent years, as reported by the press “- according to lawyer Tuan.

Lawyer Tuan also added that, facing that situation, the Deputy Prime Minister has just directed in Document No. 3209/VPCP-KTTH dated May 24, 2022 assigning the Ministry of Finance and the Ministry of Public Security according to their functions, assigned tasks and authority, assume the prime responsibility for, and coordinate with relevant agencies in, urgently checking and verifying information. In case of detecting violations, they will be strictly handled according to the provisions of law.

The Minister of Finance has also directed to request the General Department of Customs to urgently direct the organization to inspect and examine the reported contents, and strictly handle them according to the provisions of law if any violations are detected and reported. the results to the Ministry of Finance before June 2, 2022.

According to THY NHUNG (Ho Chi Minh City Law)