Legal regulations for export tax for enterprises

For enterprises engaged in export activities, understanding export tax regulations is an important factor to ensure legal compliance, optimize costs, and enhance competitiveness in the global market. NPLaw provides an in-depth analysis of the current legal framework on export tax applicable to enterprises, offering readers a comprehensive view on such a matter through the following article.

For enterprises engaged in export activities, understanding export tax regulations is an important factor to ensure legal compliance, optimize costs, and enhance competitiveness in the global market. NPLaw provides an in-depth analysis of the current legal framework on export tax applicable to enterprises, offering readers a comprehensive view on such a matter through the following article.

I. Current situation of export tax for enterprises

At present, Vietnam’s export tax policy remains relatively stable and is primarily applied to mineral resources, agricultural products, and raw or semi-processed goods. The State encourages the export of processed products to enhance added value by granting tax exemptions or reductions for this category while imposing higher taxes on raw exports to limit the outflow of unprocessed resources. As a result, many enterprises have invested in technology to increase the value-added content of their products.

However, shortcomings still exist, such as inconsistencies in the list of taxable goods, slow adjustments of taxable values compared to market fluctuations, and overlaps in inspection and supervision.

In the upcoming development period, export tax policies will continue to focus on restricting raw resource exports, promoting processed and eco-friendly green products, and strengthening the application of digital technology to ensure transparency and convenience in tax administration.

In summary, Vietnam’s legal regulation regime on export tax has significantly improved in favor of enterprises but still requires further refinement to meet the demands of sustainable development and international economic integration.

II. What is export tax for enterprises?

1. The importance of export tax for enterprises

Export tax is a compulsory payment imposed on goods exported by enterprises into the State’s budget, based on specific categories and tax rates stipulated by law. It serves as an important economic management tool to regulate the export of essential goods, restrict the export of raw resources, and encourage enterprises to invest in deep processing to increase added value.

Export tax plays a significant role for enterprises because it:

Directly impacts cost and profitability: As a mandatory expense, export tax requires accurate calculation to ensure competitive pricing while maintaining profits.
Acts as a tool for production regulation and export orientation: The State imposes different rates to encourage or restrict the export of certain goods, directly influencing business strategies.
Affects cash flow and financial planning: Enterprises must pay export tax before customs clearance, thus requiring adequate working capital.
Relates to compliance obligations: Failure to fulfill tax obligations may lead to sanctions, damaging the enterprise’s reputation and its ability to expand into foreign markets.

Therefore, export tax is not only a legal obligation but also a crucial element in pricing strategy, financial planning, and export orientation.

2. Main considerations on export tax for enterprises

When engaging in export activities, enterprises should take the following considerations to ensure compliance with the law and avoid risks:

Taxable goods: Only goods listed in the Export Tariff are subject to export tax.
Tax base: Includes the taxable value and applicable tax rate as prescribed in the current Tax Schedule.
Tax determination time: The time of registration of the export customs declaration.
Declaration and payment: Enterprises must declare fully and accurately information, and pay taxes in accordance with the law avoiding additional collection, late payment interest, or administrative sanctions.
Tax incentives: Certain goods may enjoy exemptions or reductions under trade agreements or preferential policies.
Documents: Enterprises must retain contracts, invoices, bills of lading, and other documents to support tax finalization and post-clearance audits.

Thus, a proper understanding of tax obligations, timely and accurate declaration, and payment not only minimizes risks and costs but also strengthens corporate credibility and competitiveness in export markets.

III. Legal framework on export tax for enterprises

1. Governing legal instruments

Export tax is primarily regulated under the following legal documents:

Law on Export and Import Duties 2016: Stipulates taxable goods, calculation methods (ad valorem or specific rates), tax determination time (customs declaration), additional duties (safeguard, anti-dumping), as well as cases of exemption, reduction, or refund.
Decree No. 26/2023/ND-CP: Provides detailed guidance on export tariff schedules, preferential tariffs, HS codes, and applicable duty rates (percentage, specific, or combined).

In short, these legal instruments establish a comprehensive framework allowing enterprises to comply with tax obligations while lawfully benefiting from preferential regimes.

2. Taxable goods and applicable duty rates

Under Article 2 of the Law on Export and Import Duties 2016, taxable goods include:

Goods exported or imported across Vietnam’s borders;
Goods exported from the domestic market into non-tariff zones, or imported from non-tariff zones into the domestic market;
Goods exported or imported on-site, or goods traded under export, import, or distribution rights.

Non-taxable goods include:

Goods in transit, transshipment, or temporary import for re-export;
Humanitarian aid or non-refundable aid;
Goods exported from non-tariff zones abroad, or imported into non-tariff zones for exclusive use within such zones, or circulated between non-tariff zones;
Crude oil and gas used as payment of resource taxation to the State.

Duty rates vary by product group and are specified in the Export Tariff Schedule under Annex I of Decree No. 26/2023/ND-CP (as amended and supplemented by Decree No. 144/2024/ND-CP and Decree No. 21/2025/ND-CP).

3. What forms can enterprises apply to be exempt from export tax?

Enterprises may be eligible for export tax exemptions in certain circumstances under Article 16 of the Law on Export and Import Duties 2016, such as:

Humanitarian or non-refundable aid;
Goods exported from or imported into non-tariff zones;
Goods in transit, transshipment, or temporary import for re-export;
Crude oil and gas paid to the State;
Other exemptions may apply under international treaties or competent authority decisions.

IV. Questions on export tax for enterprises

1. Consequences of late payment of export tax

Failure to pay export tax on time may result in:

Late payment interest under Article 59 of the Law on Tax Administration 2019;
Administrative fines under Decree No. 125/2020/ND-CP;
Enforcement measures such as account freezing orders, asset distraint, or suspension of customs clearance under Article 125 of the Law on Tax Administration 2019;
Reputational damage affecting export activities and contracts.

Thus, enterprises should fully and timely comply with export tax payment obligations to avoid legal risks and unnecessary losses.

2. Documents required for proving the tax payment

When executing export tax obligations, enterprises need to maintain the following documents to prove their completed tax payment:

Tax payment documents (e.g., Treasury receipts, bank payment orders);
Export customs declarations;
Receipts or confirmations from customs authorities;
Certified electronic payment records.

3. Taxation of assembled products from multiple components

Assembled products are classified based on their essential characteristics, end-use, and completeness under HS rules, not by individual components. Legal grounds include the Customs Law 2014, Circular No. 31/2022/TT-BTC and No. 14/2015/TT-BTC, Official dispatch No. 3429/TCHQ-TXNK, and relevant customs guidance.

Accordingly, The customs authority will base on:

Actual description of goods when exported;
Components and proportions;
Technical documents and export contracts;
Regulations on classification of goods according to the current Export Tax Schedule.

In case the enterprise exports separate components (not yet assembled into a complete product), the tax will be calculated according to the HS code and tax rate of each corresponding component.

4. Is there any difference between export tax for domestic and foreign enterprises?

Export tax rates apply equally to domestic and FDI enterprises because they will be determined based on specific items, HS codes and current export tax schedules regardless of the entity. However, procedural requirements may differ, such as additional investment certificates or business licenses. Enterprises in export processing zones may enjoy specific exemptions.

5. How long do enterprises need to keep export tax payment records?

Enterprises must retain customs and tax-related records for at least five (05) years in accordance with Article 41 of the Law on Accounting.

V. Should enterprises seek legal advice on export tax issues?

Enterprises facing difficulties in tax calculation, exemption or refund procedures, or customs inspections are strongly advised to consult legal counsel. Lawyers can provide guidance on compliance, risk mitigation, and dispute resolution.