MỘT SỐ ĐIỂM MỚI CỦA LUẬT THUẾ TIÊU THỤ ĐẶC BIỆT 2025 / NEW POINTS OF THE LAW ON EXCISE TAX 2025

On June 14, 2025, the National Assembly issued the Law on Excise Tax, taking effect from January 1, 2026. The Law on Excise Tax 2025 has some significant new points as follows: 

1. Supplementation of taxable objects 

The Law on Excise Tax 2025 has now supplemented goods subject to excise tax, including: 

- Air conditioners with a capacity from over 24,000 BTU to 90,000 BTU, except those designed by the manufacturer exclusively for installation in means of transport, including automobiles, railway carriages, aircraft, helicopters, ships, and boats.

- Beverages under the National Technical Standards (TCVN) with a sugar content of more than 5g/100mL.

As a result, according to the current regulations, all air conditioners with a capacity 90,000 BTU or less are subject to excise tax. However, from January 1, 2026, air conditioners from over 24,000 BTU to 90,000 BTU are subject to excise tax. In cases where organizations or individuals sell or import the components of an air conditioner (indoor or outdoor units) separately, the goods sold or imported (indoor or outdoor units) shall still be subject to excise tax as if they were a complete air-conditioning unit. In addition, the beverages with a sugar content of more than 5g/100mL are also subject to excise tax. 

2. Amendment and supplement to the non-taxable subject 

Besides the content on the non-taxable subject inherited from the current Law on Excise Tax, the Law on Excise Tax 2025 has now been amended and supplemented with some new content as follows: 

- Amendment and supplement to the non-taxable subject, which are goods produced, processed, or processed under contract by organizations or individuals for direct export abroad, or sold/entrusted to other traders for export abroad. 

- Supplement to Exported goods that had been subject to excise tax but are re-imported into Vietnam after being returned by foreign buyers. 

- Supplement and amendment to the subject, which are aircraft, helicopters, gliders, and yachts used for business purposes in transporting goods, passengers, or tourists, and aircraft, helicopters, gliders used for security, defense, ambulance, rescue, fire-fighting, pilot training, filming, photography, mapping, or agricultural production purposes. 

- Supplement to taxable subject, which are ambulances, prison vans, hearses, motor vehicles designed with both seats and standing places for 24 passengers or more; passenger motor vehicles and four-wheeled motor vehicles that are not registered for road use and are operated only within amusement parks, sports facilities, historical sites, hospitals, schools, and other specialized motor vehicles as prescribed by the Government.

- Repeal of the regulation on goods imported from abroad into non-tariff areas, goods sold from the inland into non-tariff areas for use only in non-tariff areas, and goods traded between non-tariff areas, except for under-24-seat cars. 

3. Amendment and supplement to the taxable bases and calculation method 

According to the Law on Excise Tax 2008, excise tax bases include the taxed price of a taxable good or service and the tax rate. The payable excise tax amount is the excise tax price multiplied by the excise tax rate. However, pursuant to the Law on Excise Tax 2025, excise tax bases and calculation methods are amended and supplemented as follows: 

- For ad valorem tax calculation: the tax base is the taxable price of excisable goods or services multiplied by the applicable tax rate; 

- For specific tax calculation: the tax base is the quantity of excisable goods multiplied by the specific (fixed) tax amount.

Calculation methods: 

Where: 

4. Supplement to the specific tax amount 

The Law on Excise Tax 2025 has supplemented specific tax amounts and tax rates applied to each good as follows: 

- Cigarettes: From January 1, 2027, the specific tax amount is VND 2,000/pack, and increases yearly by an additional amount of VND 2,000 until January 1, 2031. 

- Cigars: From January 1, 2027, the specific tax amount is VND 20,000/cigar, and increases yearly by an additional amount of VND 20,000 until January 1, 2031. 

- Tobacco raw materials, pipe tobacco, or other forms: From January 1, 2027, the specific tax amount is VND 20,000/100g or 100ml, and increases yearly by an additional amount of VND 20,000 until January 1, 2031. 

- Alcohol from 20 degrees above: From January 1, 2026, the tax rate is 65%, and increases yearly by 5% until January 1, 2031. 

- Alcohol under 20 degrees: From January 1, 2026, the tax rate is 35%, and increases yearly by 5% until January 1, 2031. 

- Beer: From January 1, 2026, the tax rate is 65%, and increases yearly by 5% until January 1, 2031. 

-  For double-cabin pick-up trucks and VAN-type motor vehicles with two or more rows of seats and a fixed partition between passenger and cargo compartments, the tax rate increases 3%/year in 03 years from 2027 to 2029. 

- Non-alcoholic beverages under TCVN with sugar content from 5g/100ml above: From January 1, 2027: the tax rate is 8%; From January 1, 2028: the tax rate is 10%. 

Therefore, the Law on Excise Tax 2025 has supplemented and adjusted multiple significant contents, to be appropriate with the current financial status of our country. In addition, the management of goods affecting health and the environment is also enhanced. The changes in policies on taxes create transparency, ensure fairness, and create a stable fund.  

5. Supplement and amendment to the regulation on excise tax refund and credit 

Supplement and amendment to the regulation that the excise tax refund is not applied to cases where an enterprise carries out procedures for ownership change, enterprise transformation, merger, consolidation, separation, split-up, dissolution, or operation termination. 

Supplement to the regulations on tax refund for any unutilized excise tax credit on mineral gasoline used as input for producing/blending bio-gasoline. Besides, the Law on Excise Tax 2025 also supplements Article 7, specifying the time of excise tax determination and other contents.