21/VBHN-BTC in Vietnam, Integrated document 21/VBHN-BTC 2020 Circular customs value of exported goods in Vietnam

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THE MINISTRY OF FINANCE --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 21/VBHN-BTC	Hanoi, April 23, 2020

CIRCULAR¹

ON CUSTOMS VALUE OF EXPORTED GOODS AND IMPORTED GOODS

Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of April 1, 2015, amended by:

Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019 (This Circular is amended by Decision No. 2681/QD-BTC dated December 16, 2019 of the Minister of Finance on amendments to Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods).

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014;

Pursuant to the Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006; the Law on the amendments to the Law on Tax Administration No. 21/2012/QH13 dated November 20, 2012;

Pursuant to the Law on Intellectual property No. 50/2005/QH11 dated November 29, 2005, the Law on the amendments to the Law on Intellectual property No. 36/2009/QH12 dated June 19, 2009;

Pursuant to Agreement on implementation of Article VII of General Agreement on Tariffs and Trade;

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Pursuant to the Decree No. 83/2013/ND-CP dated July 22, 2013 of the Government on guidelines for the Law on Tax Administration and Law on amendments to the Law on Tax Administration;

Pursuant to the Government's Decree No. 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

At the request of the Director of General Department of Customs,

The Minister of Finance promulgates a Circular on customs value of exported goods and imported goods as follows: ²

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope: This Circular sets forth customs value of exported goods and imported goods.

2. Regulated entities: Exporters, importers, customs authorities, customs officials and other relevant entities.

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For the purposes of this Circular, the following terms have the meaning attributed as follows:

1. “sales contract” means an agreement on sale of goods established in writing or in an equivalent form including telegram, telex, fax or data message. According the contract, the seller is obliged to deliver goods, transfer the ownership of goods to the buyer and collect payment; the buyer is obliged to pay the seller the cost, receive goods and the ownership of goods according to the agreement; goods are transferred from the seller to the buyer, through Vietnamese checkpoints and borders or from free trade zone to inland market and vice versa.

“Seller” includes goods seller and service provider.

2. “buying commissions” means fees paid to a buying agent for the service of representing the buyer in the purchase of the imported goods at the most reasonable cost.

3. “selling commissions” means fees paid to a selling agent for the service of representing the seller in the sale of the exported goods.

4. “brokerage” means fees paid to a broker, by either the buyer or the seller, or both, for the service of playing an intermediary in the transaction of sale of the imported goods.

5.³ “application software” means a set of data, programs or guidelines presented in form of commands, codes, coding schemes or any other forms that enables a piece of data processing equipment (e.g. desktop computer, laptop, tablet) to perform a specific task or to produce a specific outcome at the request of the user when it is installed in such equipment. In this Circular, audio recordings, video recordings or pictures are not considered application software.

6. “carrier media” refer to floppy disks, CDs, DVDs, magnetic tapes, magnetic cards, external hardware or other devices that can store information and are used as carrier media or software. To be used, software will be transferred, installed or integrated into data processing equipment. Carrier media do not include integrated circuits, chips, semiconductors and similar devices or components installed on such circuit boards or devices.

7. “goods with value “closely approximates”” if the difference is affected by the following objective factors:

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b) the season in which the goods are imported;

c) the difference in values in commercially not significant.

While considering the “closely approximates” of two values, it is necessary to adjust them to the same sales condition.

8. “identical exported goods” means exported goods which are the same in all respects, including:

a) physical characteristics, including the surface of product, materials, manufacturing methods, functions, uses and mechanical, physical and chemical properties;

b) quality;

c) brand; and

d) being made in Vietnam, by the same manufacturer or an authorized manufacturer or franchisee.

9. “identical imported goods” means imported goods which are the same in all respects, including:

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b) quality;

c) brand; and

d) being made in the same country, by the same manufacturer or an authorized manufacturer or franchisee.

Imported goods that are basically the same with minor differences in appearance like color, size and shape that do not affect their value are also considered identical imported goods.

Imported goods are not consider identical if in the process of manufacturing, technical designs, construction designs, development plans, artwork, drawings, charts, sketches or similar products or services, which are made in Vietnam and supplied free of charge by the buyer to the seller, are used.

10. “similar exported goods” means goods which, although not alike in all respects, have like characteristics, including:

a) made of equivalent materials or by the same manufacturing method;

b) perform the same functions and intended use;

c) equivalent quality;

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dd) being made in Vietnam, by the same manufacturer or an authorized manufacturer or franchisee.

11. “similar imported goods” means goods which, although not alike in all respects, have like characteristics, including:

a) made of equivalent materials or by the same manufacturing method;

b) perform the same functions and intended use;

c) equivalent quality;

d) be commercially interchangeable, it means, the buyer accepts goods in substitution for similar goods;

dd) being made in the same country, by the same manufacturer or an authorized manufacturer or franchisee, imported into Vietnam.

12. "Date of exportation” means the day on which the bill of lading is issued. In case the bill of lading is unavailable, date of exportation shall be the day on which the customs declaration of imported goods is registered.

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For example: For example: Construction steel products, including steel rods, wound coils and sections (U, I or V shape) manufactured by the steel industry, are regarded as goods of the same kind.

a) In the customs valuation based on the deductive value, “imported goods of the same class or kind” may be goods imported from any other countries into Vietnam, regardless of their origin;

b) In the customs valuation based on the computed value, “imported goods of the same class or kind” shall have the same origin with the goods being valued

14. “objective and quantifiable data” means specific data of additions, deductions, related to the imported goods receiving custom valuation that are presented in the agreement or documents of the transaction parties.

15.⁴ “actually paid” means, at the time of customs valuation, the buyer has paid the seller in cash or via non-cash means of payment or offsetting of liabilities between both parties as shown in actual payment documents between the buyer and the seller.

16.⁵ “payable” means, at the time of customs valuation, the buyer has yet to pay the seller in cash or via non-cash means of payment or offsetting of liabilities between both parties and there is no actual payment records between the buyer and the seller.

17.⁶ “direct payment” means the buyer directly pays the seller in cash or via non-cash means of payment without the involvement of a third party. Credit institutions providing payment services for buyers and sellers are not considered a third party.

18.⁷ “indirect payment” means the buyer pays the seller in cash or via non-cash means of payment via a third party at the request of the seller or when the buyer requests a third party to represent the buyer to pay the seller or via offsetting of liabilities between both parties. Credit institutions providing payment services for buyers and sellers are not considered a third party.

19.⁸ “operating system” means a set of data, programs or guidelines presented in form of commands, codes, coding schemes or any other forms that acts as an interpreter for the user and a machine/equipment and provides an environment for the user to operate and control the functions of the machine/equipment when it is integrated into such machine/equipment.

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1. Customs declarants shall declare and carry out customs valuation themselves according to the rule and methods of customs valuation prescribed in the Law on Customs No. 54/2014/QH13 dated June 23, 2014, the Decree No. 08/2015/ND-CP dated January 21, 2015 by the Government providing specific provisions and guidance on enforcement of the customs law on customs procedures, examination, supervision and control procedures and the Decree No. 59/2018/ND-CP dated April 20, 2018 on amendments to some Articles of the Decree No. 08/2015/ND-CP and this Circular; take legal responsibility for the accuracy and truth of the declaration and the result of customs valuation; submit or present documents at the request of customs authorities according to the Circular on customs procedures, customs supervision and inspection, export duty, import duty, and tax administration applied to exports and imports and this Circular; take consultation to resolve the doubts of customs authorities relating to declared value; request customs authorities to make a written notification of customs value, basis and methods of customs valuation in case the customs value is determined by customs authorities.

2. When examining the declaration and customs valuation of exported goods and imported goods of a customs declarant, customs authorities may request the declarant to submit or present the documents relating to the methods for determining the declared value according to the Circular on customs procedures, customs supervision and inspection, export duty, import duty, and tax administration applied to exports and imports and this Circular to prove the accuracy and truth of the self-assessed value.

3. Customs authorities shall determine the customs value in the following cases:

a) the customs declarant could not determine the customs value by using the methods prescribed in this Circular;

b) there are substantial grounds for rejecting the self-assessed customs value; or

c) there are substantial grounds for concluding that the declarant’s self-assessed customs value is unacceptable;

4. Customs authorities shall determine customs value based on the rules and procedures for applying valuation methods, customs value databases and related documents prescribed in this Circular and promulgate a written notification of customs value in compliance with the form No. 04/TGHQ¹⁰ in Appendix II enclosed with this Circular.

5. Customs authorities shall carry out examination and process discounts within 05 business days after receiving complete dossier as prescribed in Point d, Clause 2 of Article 15 of this Circular.

Chapter II

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SECTION I. PRINCIPLES AND METHODS OF CUSTOMS VALUATION

Article 4. Principles and methods of customs valuation applicable to exported goods ¹¹

1. The principles:

a) Customs value is the selling price of goods at exporting checkpoint exclusive of international insurance cost (I) and international freight cost (F) and determined by applying sequentially the valuation methods prescribed in Clause 2, Clause 3, Clause 4 and Clause 5 herein until the customs value is determined.

b) The customs value must be determined based on documents and objective and quantifiable data.

c) The rule on apportionment is as follows:

The expenses prescribed in Clause 2 herein shall be calculated for each type of exported goods. In case a shipment contains different types of goods but the expenses of each type of goods are not yet calculated, such expenses shall be apportioned via one of the following arrangements:

c.1) by selling price of each type of goods;

c.2) by weight or volume or quantity of each type of goods.

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a) The selling price of goods at exporting checkpoint includes the selling price in the sales contract or commercial invoices and expenses related to exported goods at exporting checkpoint matching relevant documents if these expenses are not included in the selling price.

b) Methods for determination of selling price of goods at exporting checkpoint are as follows:

b.1) For exported goods not delivered to exporting checkpoint: the selling price of goods at exporting checkpoint includes the selling price stated in the sales contract or commercial invoices and expenses related to such exported goods at exporting checkpoint matching relevant documents if these expenses are not included in the selling price.

b.2) For exported goods not delivered to exporting checkpoint:

b.2.1) If the place of delivery is outside of Vietnam’s territory, the selling price of goods at exporting checkpoint shall be determined based on the selling price stated in the sales contract or commercial invoices exclusive of international insurance cost (I, if any) and international freight cost (F) for transportation from exporting checkpoint to place of delivery;

b.2.2) If the place of delivery is in Vietnam’s inland area, the selling price of goods at exporting checkpoint shall be determined based on the selling price stated in the sales contract or commercial invoices inclusive of the following expenses:

b.2.2.1) Inland freight cost and expenses related to transportation of exported goods from place of delivery to exporting checkpoint, including expenses of good consolidation,, rent of warehouses and storage yards, goods loading and unloading during the whole delivery period;

b.2.2.2) Costs of insurance for exported goods covering from place of delivery to exporting checkpoint (if any);

b.2.2.3) Other costs related to exported goods incurred during transportation from place of delivery to exporting checkpoint (if any).

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c.1) Sales contract or commercial invoice;

c.2) Documents supporting expenses of exported goods at exporting checkpoint (if any);

c.3) Other documents supporting the selling price of exported goods at exporting checkpoint (if any).

3. Method of customs valuation based on selling price of identical/similar exported goods in customs value database

a) The customs value of exported goods is determined based on the selling price of identical/similar exported goods in the customs value database after adjusted to the selling price of goods at exporting checkpoint at the nearest time from the day on which the exporting declaration of the shipment being valued is registered.

b) An adjustment is required in case of:

b.1) differences in distance;

b.2) differences in modes of transport.

c) Requirements for application of this method:

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c.2) The adjustment in case of differences in distance and/or modes of transport shall only be made when there are objective and quantifiable documents for this method purpose;

c.3) If more than one customs value of identical/similar exported goods is determined, the lowest one shall prevail. Questionable customs values of identical/similar shipments shall not be used as prescribed by law.

d) Documents required for this method of customs valuation include (01 copy for each):

d.1) Exporting declaration of identical/similar exported goods;

d.2) Transportation contract or documents supporting freight costs of identical/similar exported goods (if there is any adjustment to these costs);

d.3) Other documents supporting the selling price of identical/similar exported goods in customs value database.

4. Method of customs valuation based on selling price of identical/similar goods in Vietnam’s market

a) The customs value of goods shall be determined based on the selling price of identical/similar goods in Vietnam’s market stated in sales invoices at the nearest time from the day on which the exporting declaration of the shipment being valued is registered, plus inland freight cost and other relevant costs incurred in delivering goods to exporting checkpoint.

b) The selling price of identical/similar exported goods in Vietnam’s market must be stated in accounting records and documents and recorded according to Vietnamese accounting regulations. If more than one selling price is determined at a time, the selling price at which the goods are sold in the greatest aggregate quantity shall prevail.

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d) Documents required for this method of customs valuation include (01 copy for each):

d.1) Sales invoices according to the Ministry of Finance’s regulations;

d.2) Documents supporting inland freight cost and costs incurred in determination of the customs value prescribed in point a of this Clause.

5. Method of customs valuation based on selling price of exported goods collected, compiled and classified by customs authorities

a) The customs value of exported goods shall be determined by using the selling price aggregated from information sources as prescribed in Article 25 herein after adjusted to the selling price at exporting checkpoint of the goods being valued.

b) If more than one customs value is determined after such adjustment, the lowest one shall prevail. Questionable customs values of identical/similar shipments shall not be used as prescribed by law.

c) Documents required for this method of customs valuation include documents supporting selling price from information sources and documents on adjustment of selling price at exporting checkpoint (01 copy for each).

6. Method of customs valuation of exported goods in special cases

For exported goods without sales contracts and commercial invoices, the customs value is the declared value. Where there are reasonable doubts about the acceptability of the declared value, the customs authority shall determine the customs value based on the principles and methods of customs valuation prescribed in this Article.

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1. The principles:

a) The customs value of imported goods is the actual price of goods at the first importing checkpoint, determined by applying sequentially the valuation methods prescribed from Point a to Point e of Clause 2 herein until the customs value is determined;

b) If the customs declarant submits a request in writing, the method based on deductive value and the method based on computed value are interchangeable;

c) The customs value must be determined based on documents and objective and quantifiable data.

2. Methods of customs valuation of imported goods are:

a) Transaction value of imported goods;

b) Transaction value of identical imported goods;

c) Transaction value of similar imported goods;

d) Deductive method;

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e) Fall-back method.

Article 6. Transaction value of imported goods ¹³

1. The customs value of imported goods determined by this method is the transaction value of imported goods.

2. Transaction value of imported goods is the price actually paid or payable by the buyer to the seller for purchase and importation of the goods after being adjusted according to the provisions of Article 13, Article 14 and Article 15 of this Circular.

3. The price actually paid or payable is the total payment made or to be made by the buyer for imported goods, either directly or indirectly, to the seller to purchase the imported goods, including:

a) buying price on commercial invoice;

b) charges payable by the buyer but not yet added to the buying price on commercial invoice, including:

b.1) charges actually paid or payable (e.g. advance for goods, deposit for the production, trade, transportation and insurance of goods);

b.2) indirect payments to the seller.

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4. The transaction value will be applied provided:

a) that there are no restrictions as to the disposition or use of the goods by the buyer other than restrictions which:

a.1) are imposed or required by Vietnam’s laws such as the regulations that require imported goods bearing labels in Vietnamese, or impose inspection on conditioned imported goods or imported goods before being granted customs clearance;

a.2) limit the geographical area in which the goods may be resold; or

a.3) do not substantially affect the value of the goods. These restrictions are single or multiple factor(s), directly or indirectly related to the imported goods, but do not give rise to a decrease or increase in the price actually paid or payable of such goods.

For example: E.g. A seller requires a buyer of automobiles not to sell or exhibit them prior to a fixed date which represents the beginning of a model year.

b) that the sale or price is not subject to some condition or consideration for which a value cannot be determined with respect to the goods being valued;

For example: The seller establishes the price of the imported goods on condition that the buyer also buy other goods in specified quantities; the price of the imported goods is dependent upon the price or prices at which the buyer of the imported goods sells other goods to the seller of the imported goods;

In case the trade or price of the goods depends on one or several condition(s) but the buyer possesses objective and valid documents for the determination of the pecuniary impact of such dependence, this condition shall still be regarded as being satisfied. Upon customs valuation, the amount of money increased/reduced due to the impact of such dependence must be added to or deducted from the transaction value

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d) that the buyer and seller are not related, or where the buyer and seller are related, that the transaction value is acceptable for customs purposes under the provisions of Article 7 hereof.

5. If the imported goods are machinery or equipment imported together with operating system, the customs value is the transaction values of such machinery or equipment and operating system.

a) where the operating system is stored or installed in carrier media for installation on machinery/equipment after importation:

a.1) where the value of the operating system is separate from the value of the carrier media, the customs value is the transaction value of the imported machinery/equipment and operating system, exclusive of the value of the carrier media. The method of valuation of the carrier media shall be made in accordance with clause 6 hereof;

a.2) where the value of the operating system is not separate from the value of the carrier media, the customs value is the transaction values of the imported machinery/equipment and operating system inclusive of the value of the carrier media.

b) the value of the operating system is not added to the customs value of the machinery/equipment if:

b.1) the operating system is imported for the purpose of upgrading or replacing operating system value of which was added to the value of imported machinery/equipment during the first importation;

b.2) the operating system is manufactured in Vietnam for installation on imported machinery/equipment.

c) If the buyer must pay for the right to use the operating system for installation on and operation of machinery/equipment, the price actually paid for such right must be added to the value of the imported machines/equipment.

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d.1) where the operating system is imported together with the machinery/equipment:

d.1.1) the customs declarant shall determine and declare the customs value of the machinery/equipment, inclusive of the value of the operating system; determine and declare the customs value of the carrier media (if any) on the customs declaration for importation of machinery/equipment or declaration of customs valuation (if any);

d.1.2) the customs authority shall examine and take actions against examination result as prescribed in the Circular on customs procedures, customs supervision and inspection, export duty, import duty, and tax administration applied to exports and imports.

d.2) where the operating system is not imported together with the machinery/equipment:

d.2.1) the customs declarant shall:

d.2.1.1) if the operating system is imported before the machinery/equipment is imported, the customs declarant shall declare and determine the value of the operating system as prescribed in Point a of this Clause. The “description of goods” section of the declaration must contain descriptions of the operating system used for the machinery/equipment to be imported; the “HS code” section must contain the HS code of the machinery/equipment to be imported. The customs declarant shall also determine and declare the customs value of the carrier media (if any) in the customs declaration for importation of operating system. Upon importation of the machinery/equipment, the customs declarant shall specify the number of the declaration for importation of operating system in the “details of value” section of the customs declaration for importation of machinery/equipment.

d.2.1.2) if the operating system is imported after the machinery/equipment is imported, the customs declarant shall provide the HS code and customs value of the operating system and carrier media (if any) as prescribed in Point d.2.1.1 and specify the number of the declaration for importation of machines/equipment in the "details of value" section.

d.2.2) the customs authority shall examine documents related to the value of the imported operating system, carrier media (if any) and declaration of the customs declarant and proceed as follows:

d.2.2.1) if the declarant’s declaration does not comply with the provisions in Point d.2.1, the customs authority shall request the declarant to provide further detailed information or handle the violation as prescribed by law. If the declarant fails to provide further detailed information within 05 business days after receiving such an inquiry for further detailed information, the customs authority shall determine customs value, impose tax, collect all tax and late payment interest and handle the violations as prescribed by law;

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6. For imported goods that are carrier media bearing software for data processing equipment, the customs value is the price actually paid or payable for such carrier media, exclusive of the value of the application software if the value of the application software is separate from that of the carrier media in commercial invoices.

7. Documents required for this method of customs valuation include (01 copy for each):

a) sales contract or commercial invoice;

b) documents supporting that the relationship does not influence the transaction value as prescribed in Point a.2 Clause 4 of Article 7 of this Circular at the request of customs authorities;

c) documents related to the price payable by the buyer but not yet added to the buying price in the commercial invoice (if any);

d) Documents supporting the additions (if any);

dd) Documents supporting the deductions (if any);

e) Other documents related to the self-assessed customs value of the customs declarant.

Article 7. Relationship

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a) they are officers or directors of one another’s businesses;

b) they are legally recognized partners in business;

c) they are employer and employee;

d) the seller controls the buyer or vice versa;

dd) both of them are controlled by a third person;

e) together they control a third person;

A person controlling the other, for the purpose of points d, dd, e hereof, means that a person may, directly or indirectly restrict or direct the other person.

g) they are members of the same family: husband and wife, parents and children recognized by law, grandparents and grandchildren with consanguinity, aunts/uncles and nephews/nieces, siblings, brothers/sisters-in-law;

h) any third person owns, controls or holds 5 percent or more of the outstanding voting stock or shares of both of them;

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2. The relationship between the buyer and seller does not influence the transaction value if:

a) the sale between the buyer and the seller has been made in a manner consistent with the sale between an unrelated buyer with the seller who imports the same goods to Vietnam. In this context, the customs authority should examine the way in which the they buyer and seller organize their commercial relations and they way in which the price in question was arrived at, in order to determine whether the relationship influenced the price;

For example:

- If the price of the imported goods had been settled in a manner consistent with the normal pricing practices of the industry in question or with the way the seller settles prices for sales to buyers who are not related to the seller.

- The price is adequate to ensure recovery of all costs plus a profit, which is representative of that in sales of goods of the same class or kind.

b) the transaction value of the imported goods closely approximates to any of the following value of the shipment exported to Vietnam in the same day or 60 days before or after the date of exportation of the shipment in question:

b.1) the customs value determined by transaction value of identical or similar imported goods sold to importers unrelated to the exporter (the seller);

b.2) the customs value of identical or similar imported goods as determined by deductive method under provisions of Article 10 hereof;

b.3) the customs value of identical or similar imported goods as determined by computed method under provisions of Article 11 hereof.

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a) adjustment to the same sales condition: The adjustment of customs value of the identical or similar imported goods to the same sales condition with the imported goods in question shall be conformable with point b clause 2 Article 9 hereof; or

b) adjustments of additions and deductions as provided in Article 13 and Article 15 hereof.

4.¹⁴ Declaration and examination procedures:

a) The customs declarant shall:

a.1) at the time the customs declaration is registered, if the seller and the buyer are deemed related but does not influence the transaction value, the customs declarant shall fill both the declaration of imported goods and the declaration of customs value (if any);

a.2) provide documents supporting that the relationship does not influence the transaction value at the request of customs authorities, to be specific:

a.2.1) documents proving that the sale transaction is made in the same way as sale transactions between persons with no relationship (if any);

a.2.2) documents proving the transaction value of the goods being valued closely approximates to or equal to the transaction value of identical/similar goods sold between parties with no relationship (if any);

a.2.3) other relevant documents proving that the relationship does not influence the transaction value (if any).

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b.1) if the buyer and the seller are deemed related but the customs declarant did not declare in the customs declaration and declaration of customs value (if any), the customs authority shall require the declarant to provide further detailed information as prescribed in Article 29 of the Law on Customs and handle administrative violations as prescribed by law;

b.2) if the relationship between the buyer and the seller is suspected to affect the transaction value of imported goods, the customs authority must compare such transaction value with the values prescribed in Point b Clause 2 of this Article.

b.2.1) if the transaction value satisfies the conditions prescribed in Point b Clause 2 of this Article, the customs authority shall recognize that the relationship does not influence the transaction value;

b.2.2) if the transaction value does not satisfy the conditions prescribed in Point b Clause 2 of this Article, the customs authority shall require the declarant to provide further information and documents as prescribed in Point a.2 of this Clause as proofs.

b.2.2.1) If there is/are sufficient information and/or documents to confirm that the relationship does not influence the transaction value or there are not enough grounds to confirm whether the relationship influences the transaction value, the self-assessed customs value of the declarant shall be accepted;

b.2.2.2) If there is/are sufficient information and/or documents to confirm that the special relationship affects the transaction value, the self-assessed customs value of the declarant shall be rejected and the customs value shall be re-determined based on the rules and procedures prescribed in this Circular.

b.3) The customs authority shall not examine whether the relationship influence the transaction value if all of the following requirements are satisfied:

b.3.1) the customs authority have previously examined and recognized that the relationship does not influence the transaction value;

b.3.2) the transaction value of the imported goods being valued is not different from the transaction value of identical imported goods that have been previously examined and accepted.

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2. The transaction value of identical imported goods shall be determined as prescribed in Article 9 hereof, in which the phrase “identical imported goods” is replaced with the phrase “similar imported goods”.

Article 9. Transaction value of similar imported goods

1. Application: If the customs value of the imported goods cannot be determined by the transaction value method as prescribed in Article 6 hereof, it shall be determined by the transaction value of similar imported goods, on condition that the transaction value of similar imported goods has been accepted by the customs authority and the similar imported goods have same sales condition and export time with the imported goods being valued as provided in clause 2 hereof.

Where no such similar imported goods having the same sales condition with the imported goods being valued are found, similar imported goods having different sales condition, adjusted to the same sales condition, may be used.

2. Requirements for choosing similar imported goods: Similar imported goods meeting all conditions below may be used:

a) exporting time:

Similar imported goods must be exported to Vietnam on the same day or within 60 days before or after the date of exportation of the imported goods being valued.

b) sales condition:

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b.1.1) the imported goods are at the same commercial level and in the same quantities as the imported goods being valued;

b.1.2) where no such imported goods mentioned in point b.1.1 hereof are found, the imported goods at the same commercial level but in different quantities may be chosen, and then adjust the transaction value of the similar imported goods until it reaches the same quantities with the imported goods being valued;

b.1.3) where no such imported goods mentioned in point b.1.1 and b.1.2 hereof are found, the imported goods at a different commercial level but in the same quantities may be chosen, and then adjust the transaction value of the similar imported goods until it reaches the same commercial level with the imported goods being valued;

b.1.3) where no such imported goods mentioned in point b.1.1, b.1.2 and b.1.3 hereof are found, the imported goods at a different commercial level and in different quantities may be chosen, and then adjust the transaction value of the similar imported goods until it reaches the same commercial level and the same quantities with the imported goods being valued.

b.2) Distances and modes of transport, insurance:

The similar imported goods are in the same distances and modes of transport, or adjusted to the same distances and modes of transport with the imported goods being valued.

In case of significant differences in insurance, it shall be adjusted to the same insurance conditions with the imported goods being valued.

c) In applying the transaction value of similar imported goods, the goods produced by other producer but the same country may be used only if similar imported goods produced by the same producer or authorized producer cannot be found.

d) If, in applying this method, more than one transaction value of similar imported goods is found, after adjusted to the same sales condition with the imported goods being valued, the lowest such value shall be used as the customs value.

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3. Documents required for this method of customs valuation include (01 copy for each):

a) the customs declaration of the similar imported goods;

b) the customs value declaration sheet of the similar imported goods, applicable to the cases subject to customs value declaration;

c) the transport contract of similar imported goods (in case of adjustment to this cost);

c) the insurance policy of similar imported goods (in case of adjustment to this cost);

dd) price schedule of exported goods of the producer or overseas seller (in case of adjustment to quantities and commercial level);

e) Other documents relevant to customs valuation.

Article 10. Deductive method

1. Application: If customs value cannot be determined on the basis of the methods in Articles 6, 8 and 9 hereof, it will be determined by deductive method, on the basis of the unit price at which the identical exported goods/imported goods or similar imported goods are sold in Vietnam’s inland market as per clause 2 hereof, less (-) reasonable costs and profits after sale of the imported goods.

...

a) the goods have not been sold in Vietnam’s inland market or the sale of goods has not been recorded in accounting records as per regulations on accounting of Vietnam’s law;

b) the goods relate to any assist provided by any person specified in point d.1 clause 2 Article 13 hereof.

2. The selling price of imported goods in Vietnam’s market shall be determined according to the following principles:

a) It is the selling price actually paid of the goods in Vietnam’s market. Where the selling price of the imported goods being valued cannot be found, the selling price of identical or similar imported goods in the condition as imported to Vietnam’s market shall be used.

Imported goods in the condition as imported mean the goods, after being imported, incur no change in shape, characteristics, nature, functions or increase or decrease in the value.

b) The importer and the domestic buyer are not deemed related as per Article 7 hereof.

c) The selling price is paid in the greatest aggregate quantity and sufficient to form a unit price. The selling price in the greatest aggregate quantity means the price at which the greatest number of units is sold at the first commercial level after importation at which such sales take place;

d) The goods are sold (in wholesale or retail sale) at the earliest date after importation of the goods but before the expiration of 90 days (calendar days) after such importation. The earliest date after importation means the date on which the goods are sold in the quantity sufficient to form a unit price (at least 10% of the quantity of the goods).

3. Conditions for choosing unit price in Vietnam’s market:

...

b) the chosen unit price is the unit price at which the imported goods are sold in the greatest aggregate quantity sufficient to form the unit price; are sold at or about the time of importation, but no later than 90 days after the date of importation of the goods being valued; the domestic buyer and the seller are deemed unrelated.

For example: The shipment consists of many kinds of goods, in which good B is going to be valued using the deductive method. The shipment A is imported on January 1, 2014. Another shipment which has identical good as good B was previously imported and was sold to many domestic buyers with the prices and dates below:

VND 900/unit

50 units

28/3/2014

100 units

30 units

15/01/2014

20 units

...

200 units

20/01/2014

250 units

12/02/2014

Total:

550 units

In above example, the unit price chosen for deductive purpose is VND 800/unit, equivalent to the greatest aggregate quantity (450 units), sufficient to form the unit price. This unit price satisfies all conditions for choosing the unit price, including:

...

- The sale occurs within 90 days after importation.

4. Principle of deductive method:

Deductions shall be determined on the basis of accounting figures and records which are considered legal, available, and recorded as per regulations and standards of Vietnam’s accounting. Deductions shall be amounts permitted to be accounted for reasonable costs of businesses in the Law on Accounting of Vietnam.

5. Deductions from the unit price include:

Deductions from the unit price are profit and general expenses in connection with sales of the imported goods in Vietnam’s market, including:

a) the usual costs of transport and insurance and costs associated with transport after importation, in specific:

a.1) costs of transport and insurance and charges for other activities related to the transportation of goods incurred during the transportation from the first importing checkpoint to the warehouse of the importer or to the place of delivery in Vietnam’s inland area;

a.2) costs of transport and insurance and charges for other activities related to the transportation of goods from the warehouse of the importer Vietnam’s inland area to the place of sale, in case the importer bears such costs and charges.

b) taxes, charges and fees payable in Vietnam upon the importation and sale of the imported goods in Vietnam’s inland market;

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c.1) if the importer is a sale agent for a foreign trader, the commission shall be deducted. If such commission is inclusive of expenses specified at Points (a) and (b) of this clause, the deduction for such expenses shall not be made;

c.2) in case of importation by the mode of outright purchase, profit and general expenses shall be deducted: Profit and general expenses shall be considered generally when determining the deductive value. The determination and apportionment of profit and general expenses to imported goods shall comply with Vietnam’s regulations and standards of accounting.

General expenses include direct and indirect charges for the importation and sale of goods on the domestic market, such as: charges for marketing, charges for storage and preservation of goods before sale, charges for management of the importation and sale of goods.

Bases for determining deductions are data recorded and reflected on accounting records of the importer that conformable with the regulations and standards of Vietnamese accounting. The data shall be in accordance with those obtained from the trade of imported goods of the same class or kind in Vietnam.

6. The customs value of imported goods, after further processing in Vietnam, shall be determined according to the principle provided in clause 1 of this Article, less the cost incurred in that further processing to increase the value of goods. The method in this Article cannot be used in the following:

a) the imported goods, after further processing, are no longer in the same condition as imported and have an unidentifiable increase in value attributed to further processing;

b) the imported goods, after further processing, still maintain the same characteristics, nature and uses as imported but such goods constitute only a part of the goods sold on the Vietnamese market.

7. Documents required for this method of customs valuation include (01 copy for each):

a) sales invoice or VAT invoice as per the law;

...

c) written explanation of sales and the accounting records of the costs mentioned in clause 5 of this Article;

d) customs declaration and the customs value declaration of the goods chosen for deduction;

dd) other necessary documents for customs examination and valuation.

Article 11. Computed method

1. Application: If customs value of the imported goods cannot be determined on the basis of the methods in Articles 6, 8, 9 and 10 hereof, it shall be determined on the basis of computed method. Computed value of the imported goods shall consist of the sum of:

a) the direct cost to produce the imported goods: The production cost or value of materials and fabrication or other processing employed in producing the imported goods. It consists of the following:

a.1) the cost prescribed in points a, b, c clause 2 Article 13 hereof;

a.2) value of assist prescribed in point d.1 clause 2 Article 13 hereof;

a.3) the value of the assist prescribed in point (d.1) clause 2 Article 13 of this Article shall be included in the customs value only when the manufacturer bears the cost of such product.

...

General expenses include all direct and indirect costs of the production and sale for exportation of goods but not computed according to the provisions of point (a) of this clause.

c) the cost of transport and insurance and other costs associated with transport of the imported goods as per point g, point h clause 2 Article 13 hereof.

2. Basis for determining computed value:

Data recorded and reflected on accounting records of the producer unless such data are not conformed with those obtained in Vietnam. The data shall be in accordance with those obtained from the production and sale of the imported goods of the same class or kind that made in the country of exportation for export to Vietnam.

3. Any accounting records or other documents of the entities living outside of Vietnam’s territory must not be examined or required for presentation for determining the computed value prescribed in this Article.

The verification of the information provided by the producer for customs valuation purposes prescribed in this Article may be carried out outside of Vietnam if agreed by the producer provided that a written notice in advance has been sent to the competent authority and such authority has granted an approval.

4. Documents required for this method of customs valuation include (01 copy for each):

a) written explanation of the producer about the expenses mentioned in points (a) and (b) clause 1 of this Article certified by the producer and the accounting records and data conformable to such explanation;

b) sales invoice of the producer;

...

Article 12. Fall-back method ¹⁵

1. Application: If customs value of the imported goods cannot be determined on the basis of the methods prescribed in Articles 6, 8, 9, 10 and 11 of this Circular, it shall be determined by the fall-back method according to the documents and data available at the time of customs valuation.

2. The customs value determined on the basis of the fall-back method means the customs value determined by applying sequentially the methods for customs valuation specified in Articles 6, 8, 9, 10 and 11 of this Circular until the customs value is determined provided that such application complies with the provisions in Clause 3 of this Article.

3. For this method of customs valuation, the customs declarant and customs authorities shall not use the following values for customs valuation purpose:

a) the selling price in the domestic market of goods of the same kind made in Vietnam;

b) the selling price of goods in the domestic market of the country of exportation;

c) the selling price of goods exported to another country beside Vietnam;

d) The production cost of goods, excluding cases where production costs of imported goods are used to determine the computed value in the computing method;

dd) reference prices in the list of imported goods with possibly-misdeclared value;

...

g) the higher of the two alternative values as the customs value.

4. The fall-back method may be used as follows:

a) by applying transaction value of imported goods; if the customs value cannot be determined by the transaction value method due to lack of the documents and quantifiable data for additions or deductions prescribed in Article 13 and Article 15 herein, the customs value shall be determined based on the data for such additions/deductions that has been confirmed by the provider in writing.

b) by applying the transaction value of identical/similar imported goods. If there is no identical/similar imported goods exported to Vietnam on the same day or within 60 days before or after the date of exportation of the imported shipment being valued, identical/similar imported goods exported within a longer duration that does not exceed 90 days before or after the date of exportation of such shipment may be chosen.

c) The deductive method may be used for customs valuation purpose in any of the following:

c.1) if no unit price is determined for deduction within 90 days from the date of importation, the unit price of goods sold in the greatest aggregate quantity within 120 days from the date of importation of the shipment chosen for deduction may be chosen;

c.2) if there is no resale unit price of the imported goods themselves or identical/similar imported goods to a person having no relationship with the importer, the resale unit price of goods to the buyer having relationship with the importer may be chosen on condition that the relationship does not influence the resale unit price.

d) the customs value of the imported goods is determined based on the customs value of the identical imported goods that have already been determined according to the deductive value or computed value.

dd) the customs value of the imported goods is determined based on the customs value of the similar imported goods that have already been determined according to the deductive value or computed value.

...

5. Documents required for this method of customs valuation include (01 copy for each):

a) documents proving the adjustment confirmed by the provider if the transaction value method is used;

b) customs declaration of the identical/similar imported goods if the customs value is determined based on the transaction value of identical/similar imported goods;

c) sales invoices of the importer if the deductive method is used;

dd) Other documents related to this method of customs valuation (if any).

Article 13. Additions

1. Additions shall be made only if:

a) they will be paid by the buyer and have not yet added to the price actually paid or payable;

b) they relate to the imported goods; and

...

If the imported goods have additions without objective and quantifiable data to determine customs value, such value shall not be determined by the transaction value but the next method instead.

2. Additions:

a) selling commissions, brokerage. If these costs include the taxes payable in Vietnam, such taxes may not be added to the customs value of imported goods.

b) costs of packing associated with imported goods, including: buying price of packaging and other costs relating to the sale and transport of packaging to the place of packaging and preservation of goods.

Containers, casks, racks used as a means to package for transporting cargos and used many times is not considered as packaging associated with goods so they are not the addition of costs of packaging associated with goods.

c) packaging costs, including:

c.1) the cost of packaging materials including the buying price of packaging material and other costs relating to the sale and transport of packaging material to the place of package;

c.2) the cost of packaging labor, including the salaries and costs relating to the employment of labor for packaging the goods being valued.

If the buyers have to bear the expenses on accommodation and transportation for workers during the packaging, such costs are also included in the cost for packaging labor.

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d.1) assist means any of the following:

d.1.1) materials, components, parts and similar items incorporated in the imported goods;

d.1.2) materials and fuel consumed in the production of the imported goods;

d.1.3) tools, dies, moulds and similar items used in the production of the imported goods;

d.1.4) design work, engineering, artwork, development, plans and sketches, diagram and similar items, undertaken abroad and necessary for the production of the imported goods.

d.2) Determination of value of assist:

d.2.1) if the assist was purchased by the buyer from an unrelated person, the value of the assist is the cost of the purchase;

d.2.2) if the assist was produced by the importer or a person related to the importer, the value of the assist is the production cost;

d.2.3) if the assist was made by a manufacturer located abroad of the buyer without documents to record separately such assist, the value of the assist is determined by apportioning the total production cost in the same period of such manufacturer for the quantity of the assist produced;

...

d.2.5) if the assist is a used good, the value of the assist is the remaining value of such good;

d.2.6) if the assist had undergone further processing before being used by the seller in the production of imported goods, the value of the assist shall also include the added value attributed to the further processing;

d.2.7) if the assist was sold at a reduced cost to the exporter, the reduced cost must be included in the customs value;

d.2.8) if, after production of imported goods completes, there remains scrap from the assist, the value of the scrap, with available data, shall be deducted from the value of the assist.

The value of the assist includes the costs incurred in the sale, transport, insurance to the place of production.

d.3) Apportionment of the value of the assist to the imported goods.

d.3.1) Rule for apportioning the value of the assist:

d.3.1.1) the value of the assist shall be completely apportioned to the imported goods;

d.3.1.2) the apportionment shall be legally recorded;

...

d.3.2) methods for apportioning the value of the assist:

The customs declarant shall apportioned himself/herself the assist for the imported goods by any of the following methods:

d.3.2.1) apportion the assist to the imported goods of the first shipment of importation;

d.3.2.2) apportion the assist according to the quantity of good units up to the time of the first shipment of importation;

d.3.2.3) apportion the assist to all of goods intended to be produced according to the sale agreement between the buyer and the seller (or the producer);

d.3.2.4) apportion the assist according to the principle of descending or ascending order;

d.3.2.5) apart from the methods above, the buyer may use other methods for apportionment (for example apportionment by month/quarter/year), on the condition that the apportionment shall be conformable to the legislation on accounting regulations and shall be recorded.

dd) royalties and the license fees specified in Article 14 of this Circular.

e) the sums that the importer shall pay from the proceeds of any subsequent resale, disposal or use of the imported goods will accrue directly or indirectly to the seller in any manner. Procedures for declaration and examination:

...

e.1.1) the customs declarant shall declare himself/herself at the corresponding field in the declaration of imported goods or the declaration of customs value, applicable to the case subject to customs value declaration;

e.1.2) the customs authority shall examine and handle the inspection results as prescribed in Article 25 of the Circular on customs procedures, customs supervision and inspection, export duty, import duty, and tax administration applied to exports and imports.

e.2) for the case the sum is undetermined at the time the declaration is registered subject to post-export sales or other reasons specified in the sales contract or other documents of agreement:

e.2.1) at the time of registration of the declaration, the customs declarant shall declare clearly the reason for not determining the amount of money that the importer must pay from the proceeds of subsequent resale, disposal or use of the imported goods on the declaration of imported goods or the declaration of customs value applicable to the cases subject to customs value declaration. Within 5 days from the date of actual payment, the customs declarant shall perform the declaration, calculate the payable tax for the sum actually paid on the supplementary declaration at post-customs clearance and pay the tax sufficiently according to the regulation;

e.2.2) the customs authority shall examine the documents relating to such amount of money and the declaration of the customs declarant according to the regulations in point (e.2.1) of this clause and shall handle as follows:

e.2.2.1) in case the customs declarant fails to perform the declaration or the payment declared is unconformable, the customs authority shall make the decision on penalty according to the legislation and request the customs declarant to complete the declaration. If the customs declarant fails to perform the declaration or provide supplementary declaration according to the request, the customs authority shall carry out the customs valuation, define tax, collect the tax and/or late payment interest in full (if any) according to the regulation;

e.2.2.2) in case the customs declarant fails to perform punctually the declaration according to the provisions of point (e.2.1) of this clause, the customs authority shall impose penalties according to the legislation.

g) transportation costs and any costs relating to the transportation of imported goods to the first importing checkpoint, exclusive of costs for loading, unloading and handling of goods from the means of transport to the first importing checkpoint.

If the costs of loading, unloading and handling of the goods from the means of transport to the first importing checkpoint are included in the international transport cost or in the price actually paid or payable, such costs will be deducted from the customs value of the imported goods if they satisfy all conditions provided in clause 1 Article 15 of this Circular.

...

g.2) in case the buying price does not include the cost of transport but the buyer fails to present the lawful transport contract or the documents relating to the transport of goods, thus the transaction value method shall not be used;

g.3) in case there are multiple types of goods without specifications on the transportation contract or the documents relating to the transport of goods, thus the customs declarant shall use any of the following methods for apportionment:

g.3.1) apportionment on the basis of the transport price list of the person who in charge of transporting goods;

g.3.2) apportionment by weight or volume of goods;

g.3.3) apportionment according to the ratio of buying value of each type of goods to the total value of goods.

h) the insurance cost of the imported goods at the first importing checkpoint.

h.1) if the importer does not purchase insurance for goods, the insurance cost will not be added to the customs value;

h.2) the insurance cost for multiple goods without specifications shall be apportioned according to the value of each type of goods.

i) the costs mentioned in points (g) and (h) of this clause are exclusive of payable added-value tax in Vietnam. If such tax is included in the transport cost, international insurance cost or in the price actually paid or payable, it will be deducted from the customs value of the imported goods if they satisfy sufficiently the conditions provided in clause 1 Article 15 of this Circular.

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1. ”royalty” means an amount of money that the buyer must pay directly or indirectly to the intellectual property rights holder to be transferred the right to use the subject matters of intellectual property rights.

”intellectual property rights” means rights of organizations and individuals to intellectual property, including copyright and related rights, industrial property rights and plant variety rights;

a.1) “copyright” means rights of organizations and individuals to works they have created or own;

a.2) “related right” means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals;

a.3) “industrial property rights” means rights of organizations and individuals to patents, industrial designs, layout-designs of semiconductor integrated circuits, trademarks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition;

a.4) “plant variety rights” means rights of organizations and individuals to new plant varieties they have created or discovered and developed or own.

Such rights above are exercised according to the provisions of the Law on Intellectual Property.

b) “intellectual property rights holder” means an owner of intellectual property rights or an organization or individual to which the intellectual property rights are transferred by the owner.

2. “license fee” means an amount of money that the buyer must pay directly or indirectly to the intellectual property rights holder to perform some activities within the industrial property rights.

...

a) The buyer must pay royalty/license fee for use of or transfer of the right to use the subject matters of intellectual property rights relating to the imported goods being valued according to Clause 4 of this Article;

b) Royalty/license fee is paid directly or indirectly by the buyer as a condition for sale transaction of the goods being valued according to Clause 6 of this Article and specified in the sales contract, license contract or other agreement on transfer of the right to use the subject matters of intellectual property rights;

c) Royalty/license fee has not been included in the price actually paid or payable of the imported goods being valued.

4. Royalty/license fee deemed related to the imported goods if:

Royalty/license fee must be paid directly or indirectly by the buyer for use of product trademarks appropriating to the documents relating to the agreement on and payment of royalty/license fee if all of the following requirements are satisfied:

a.1) Imported goods are resold in the same conditions as when imported to Vietnam’s market or simply processed after importation according to the provisions of Clause 5 of this Article;

a.2) Imported goods embody trademarks when they are sold in Vietnam.

b) Royalty/license fee is paid directly or indirectly by the buyer for use of patents, trade secrets, industrial designs, layout-designs of semiconductor integrated circuits or the right to use other subject matters of intellectual property rights specified in the sale/license contract or other agreements on transfer of the right to use the subject matters of intellectual property rights in any of the following cases:

b.1) Patents, trade secrets, layout-designs of semiconductor integrated circuits or the right to use other subject matters of intellectual property rights are/is used for producing the imported goods;

...

b.3) The imported goods are machines or equipment created or manufactured for the application of patents, trade secrets, layout-designs of semiconductor integrated circuits or the right to use other subject matters of intellectual property rights.

Examples of royalty/license fee satisfying the “relating to imported goods” condition are provided in Appendix I of this Circular.

5. Simple processing after importation includes:

a) The maintenance of goods during transportation and storage (airing, spreading out, drying, freezing, pickling, sulphur smoking or using other additives, removing damaged parts and similar activities);

b) Activities such as dusting, screening, selecting, classifying (including arranging into sets), cleaning, painting and dividing into parts;

c) Changing the wrapping and dismantling or assembling shipments; bottling, packaging, wrapping, boxing and other simple packaging activities;

d) Sticking labels or other similar identification marks on products or product wrapping;

dd) Simple mixing of products regardless of type;

g) Simple assembling of product parts to form a finished product;

...

i) Slaughter of animals.

6. Royalty/license fee is considered a condition for sale of imported goods in any of the following cases:

a) The seller and the buyer have an agreement that the buyer must directly or indirectly pay the royalty/license fee relating to the imported goods;

b) The seller and the rights holder/licensor have an agreement to exclusively sell the goods to the buyer who has directly or indirectly paid royalty/license fee to the intellectual property rights holder/licensor;

c) The seller provides the goods to the buyer per the designation of the intellectual property rights holder/licensor;

d) The seller provides the goods to the seller according to the technical standards approved by the intellectual property rights holder/licensor;

dd) The buyer pays royalty fee/license fee to the intellectual property rights holder/licensor or another person per the designation of the seller;

e) There is evidence that the buyer would not be able to purchase or receive the imported goods without direct or indirect payment for royalty/license fee.

Examples of the imported goods satisfying the condition “being considered a condition for sale of imported goods” condition are provided in Appendix I of this Circular.

...

a) The amount of money that the buyer must directly or indirectly pay for the right to reproduce the imported goods or artworks in Vietnam (for example: if a goods specimen is imported and used to produce exact copies of itself, the amount of money directly or indirectly paid for the production of such replicates is considered as the right to reproduce imported goods);

b) The amounts of money that the buyer must directly or indirectly pay for the right to distribute or resell the imported goods, in case such amounts are not considered a condition for sale of imported goods.

If the amounts of money the buyer directly or indirectly pays for the right to reproduce, distribute or resell the imported goods are included in the price actually paid or payable, such amounts shall not be deducted from the customs value upon customs valuation of such imported goods.

8. Declaration and examination procedures:

a) For royalty/license fee determinable at the time the declaration is registered:

a.1) The customs declarant shall declare the amount of royalty/license fee in the declaration of imported goods or declaration of customs value (if any) themselves;

a.2) The customs authority shall examine and handle the inspection results as prescribed in Article 25 of the Circular on customs procedures, customs supervision and inspection, export duty, import duty, and tax administration applied to exports and imports.

b) For royalty/license fee undeterminable at the time the declaration is registered due to dependence on sales after importation or other reasons provided for in the sales contract or separate agreements for payment of royalty/license fee:

b.1) At the time the declaration is registered, the customs declarant shall provide an explanation for the lack of royalty/license fee in the “Details of value” section. If the declarant possesses data on the amount of royalty/license fee, such amount shall be declared in the declaration of imported goods at the time of registration of the declaration and tax payment as prescribed by law;

...

b.2) Customs authorities shall inspect documents related to the amount of royalty/license fee and the declarant’s declaration and proceed as follows:

b.2.1) If the declarant does not declare the correct amount of royalty/license fee according to Point b.1 of this Clause, customs authorities shall request the declarant to provide additional declaration or handle the violation as prescribed by law. If the declarant fails to provide additional declaration within 5 business days starting from the date of receipt of the request for additional declaration, customs authorities shall determine the customs value, impose tax, fully collect the tax and late payment interest and handle the violations as prescribed by law;

b.2.2) If the declarant declares the amount of royalty/license fee later than 05 days from the date of actual payment of such amount as prescribed in Point b.1 of this Clause, customs authorities shall handle the violation as prescribed by law;

b.2.3) If the declarant’s declaration and valuation comply with the provisions in Point b.1 of this Clause, customs authorities shall accept the declared customs value.

9. For royalty/license fee determined based on to the imported goods and other elements unrelated to the imported goods:

a) If there are figures enabling the separation between the royalty fee and the license fee relating to the imported goods, such value shall be added to transaction value;

b) If the royalty fee and license fee relating to the imported goods are inseparable, the customs value shall not be determined by the transaction value method but the next one instead.

Article 15. Deductions

1. Deductions shall be made only if:

...

b) These deductions shall be included in the price actually paid or payable;

c) The deductions shall be conformable with the Vietnam’s legislation on accounting.

2. Deductions:

a) Costs incurred after the importation, including the cost for construction, architecture, installation, maintenance or technical assistance, technical consultancy, cost of supervision and similar costs;

b) The costs of transportation and insurance when the goods have been transported to the first importing checkpoint. If such costs are related to multiple goods without specifications, they shall be apportioned according to the principle in points (g) and (h) Article 13 of this Circular;

c) The amounts of taxes, fees and charges payable in Vietnam included in buying price of imported goods. If the amounts of taxes, fees and charge concerning different goods without separation, they shall be apportioned according to the rate of buying value of each type of goods.

d) Discount:

d.1) Deductions shall be made only if all conditions below are met:

d.1.1) The discount is any of the following cases:

...

d.1.1.2) Discount according to the quantity of the goods;

d.1.1.3) Discount according to the method and time of payment.

d.1.2) The discount is specified in writing before loading goods onto the transport vehicle in the country of exportation;

d.1.3) There is objective and quantifiable data conformable with the documents for separating such discount from the transaction value. These documents are enclosed with the customs declaration;

d.1.4) Payment is made through the bank using the L/C method or the TTR method for all the imported goods in the sales contract.

d.1.5) Declared value and actual quantity of the imported goods, commercial level, method and time of payment are conformable to the Announcement about discount of the seller.

d.2) Application for consideration for discount:

d.2.1) The application for deduction of discount when the importation and payment for all the goods included in the contract is completed: 01 original copy;

d.2.2) The sales contract: 01 copy;

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d.2.4) The seller’s announcement about discount: 01 copy;

d.2.5) Documents proving the payment for all the goods included in the sales contract: 01 copy;

d.3) Procedures for declaration and inspection of the discount and competence in handling:

d.3.1) Responsibilities of customs declarant:

d.3.1.1) Declare the discount in the criterion “detail of value declaration” on the import declaration or in the corresponding criterion on the customs value declaration but not carry out the deduction of discount on the customs value declaration.

d.3.1.2) Calculate and pay the tax according to the value before the deduction of discount;

d.3.1.3) Apply for consideration for deduction according to the regulations in point (d.2) of this clause after the importation and payment for all the goods included in the sales contract.

d.3.2) Responsibilities of customs authority:

The customs authority receiving the application for deduction of discount from the customs declarant shall:

...

d.3.2.2) Examine and compare the declared value and the actual one about the quantity, commercial level, form and time of payment with the Announcement about discount of the seller;

d.3.2.3) The Director of Customs Departments of provinces shall consider and decide to make deduction of the discount if the conditions specified in point (d.1) of this clause are satisfied. The value of the deduction shall be under 5% of the total value of goods and the declared value shall not be under the value of the reference price of the identical goods in the List of imported goods with possibly-misdeclared value. Other cases of discount shall be considered and decided by the Director of the General Department of Customs;

d.3.2.4) Settle the differential amount of tax due to the deduction of discount according to the regulation.

dd) Costs the buyer bears that relating to the marketing of imported goods, including:

dd.1) Costs for research and inspection of the market about the future imported goods;

dd.2) Costs for advertisement for the imported goods;

dd.3) Costs relating to the exhibit and introduction of the products freshly imported;

dd.4) Costs for participating in commercial fair and exhibition of the new products;

e) Cost for examination of quantity and quality of goods before importation. If such cost is agreed by the buyer and the seller and is included in the price actually paid or payable from the buyer to the seller, it shall not be deducted from the transaction value;

...

h) The interest in proportion to the interest rate according to the financial agreement of the buyer and relating to the purchase of imported goods: the deduction for the interest from the transaction value shall be made only if all the following conditions are satisfied:

h.1) The financial agreement shall be made in writing;

h.2) Customs declarant can prove that at the time the financial agreement is implemented, the declared interest rate does not exceed the normal credit interest rate of the country of exportation as well as the ceiling interest rate quoted by the State bank of Vietnam.

Article 16. Apportionment of adjustments

1. If the addition or deduction in customs value of goods is permitted but the types of goods whose customs value is increased or decreased are not specified in the sales contract, invoice, or relevant documents, then the customs declarant may choose any of the method specified in clause 2 of this Article (except for the adjustment with specific regulation on apportionment provided in Article 13 and 15 of this Circular) to apportion such adjustment for each type of goods provided that the value of the adjustment shall be totally apportioned to the imported goods whose customs value is increased or decreased.

2. Methods for apportionment: The customs declarant may choose any of the following methods for apportionment:

a) Apportionment according to the quantity;

b) Apportionment according to the weight;

c) Apportionment according to the volume;

...

Article 17. Customs value of exported/imported goods in special cases

1. Regarding the exported/imported goods without official price at the time of registration of customs declaration sheet, customs value is the provisional price declared by the customs declarant according to the relevant invoices and documents that is available at the time of valuation. When the official price is announced, customs value will be determined according to the method for valuation specified in clause 2 Article 4 and clause 2 Article 5 of this Circular. Procedures for valuation:

a) Provisional price:

a.1) The customs declarant shall: declare the provisional price on the custom declaration sheet at the corresponding item when registering and declare the time the official price will be determined at the item “phần ghi chú” (“notes")

a.2) Customs authority: examine the provisional price and the time of determination of official price according to the provisions of Article 25 of the Circular on customs procedures; customs supervision and inspection; export/import tax and tax administration of exported/imported goods; supervise and expedite the customs declarant to declare the official price right at the time it is determined.

b) Official price:

b.1) The customs declarant shall: declare the official price on the modified declaration of post-customs clearance and pay the differential amount of tax (if any) within 05 working days from the day on which the official price is determined.

b.2) The customs authority: examine the declaration of the customs declarant, the time of determination of the official price, conditions for approval for such time according to the provisions in point (c) of this clause as follows:

b.2.1) Determine the customs value, define tax, collect sufficiently the tax and/or late payment interest (if any), issue decision on penalties for administrative violations applicable to the customs declarant who fails to declare or declare unconformably with the regulations on official price; issue decision on penalties for administrative violations applicable to the customs declarant who fails to declare conformably with the time regulated in point (b.1) of this clause;

...

c) If the official price is determined later than 90 days from the day on which the declaration is registered, the customs declarant shall fill the declaration sheet and submit the sales contract and the commercial invoice (01 copy) proving the time of determination of official price and be legally responsible for the accuracy of such time. The receiving agency shall request the Director of Customs Departments of provinces to examine, consider, decide and be responsible for the decision on the approval for the time of determination of the official price according to the documents and the actual condition of the exported goods.

d) Conditions for approval for the time of determination of official price:

d.1) The sales contract shall include the agreement about the time of determination of official price appropriate to the exported/imported goods according to international practice;

d.2) The time of determination of actual price shall be in conformity with the time of determination of official price according to the agreement included in the contract;

d.3) The official price shall be conformable with the price actually paid or payable for the exported/imported goods according to the payment invoices.

In case the time of determination of the official price is not satisfactory and the amount of tax according to the official price is higher than the tax that is paid according to the provisional price, thus the customs declarant shall pay the late payment interest for the differential amount.

2. ¹⁷For the goods that have not been used in Vietnam and their uses are changed into those not exempted from tax:

a) Imported goods are autos or motorbikes: The customs value shall be determined on the basis of the remained usable value of goods according to the useful life in Vietnam (from the time of importation according to the customs declaration to the time of determination of tax) and shall be specified as follows:

Useful life in Vietnam

...

Less than or equal to 6 months (rounded up to 183 days)

90%

More than 6 months to 1 year (rounded up to 365 days)

80%

More than 1 year to 2 years

70%

More than 2 years to 3 years

60%

More than 3 years to 5 years

...

More than 5 years to 7 years

40%

More than 7 years to 9 years

30%

More than 9 years to 10 years

15%

More than 10 years

If the price declared at the time of importation of goods that are non-taxable or eligible for tax exemption or consideration of exemption is lower than the price in the price database at the same time, the price in the price database and the rates above shall be used for customs valuation.

...

b.1) For goods whose uses are changed in order to be destroyed, the customs value is the declared value;

b.2) For goods whose uses are changed in order to be sold: the customs value is the declared value determined based on the actual selling price. If customs authorities possess the evidence proving that the declared value is not suitable, the customs value shall be determined by a method for customs valuation prescribed in this Circular, suiting the actual state of the goods;

b.3) For other cases beside those prescribed in Point b.1 and Point b.2 of this Clause, the customs value is the declared value. If customs authorities possess the evidence proving that the declared value is not suitable, the customs value shall be determined by a method of customs valuation prescribed in this Circular, suiting the actual state of the goods.

3. Customs value of the goods imported to Vietnam after being processed by a foreign party shall include the cost for processing and the value of materials used for the processing that are provided by the foreign party and specified in the processing contract and the adjustment specified in Articles 13 and 15 of this Circular. The value of materials exported from Vietnam for processing according to the processing contract shall not be included in the customs value of the processed products.

4. With regard to the imported goods that are sent to a foreign country for repair and are taxable objects when imported to Vietnam, customs value is the price actually paid for repair of imported goods according to the documents relating to such activity.

5. ¹⁹ Regarding the goods imported without a sales contract or commercial invoice and the goods transported to Vietnam via post service or express mail service without a sales contract or commercial invoice, the customs value is the declared value. If there is evidence proving that the declared value is not suitable, the customs value shall be determined by a method for customs valuation prescribed in this Circular, suiting the actual state of the imported goods.

6. Regarding imported goods in excess in comparison with the sales contract or commercial invoice:

a) With regard to imported goods in excess that are identical or similar to the imported goods included in the sales contract or commercial invoice: customs value of the surplus imported goods is determined according to the methods for customs valuation of the imported goods included in the sales contract;

b) With regard to imported goods in excess that are goods different from the imported goods included in the sales contract or the commercial invoice: customs value is determined according to the methods for customs valuation specified in Articles 8 to 12 of this Circular. 7. Regarding imported goods in excess unconformable to the sale contract or commercial invoice:

...

b) With regard to goods unconformable to the sale contract or the commercial invoice other than those specified in point (a) of this clause: customs value is determined according to the methods for customs valuation specified in Articles 8 to 12 of this Circular.8. The goods actually imported with quantity different from that specified in the commercial invoice due to the characteristics of goods and conformable to the conditions of delivery and payment in the sale contract or the commercial invoice: customs valuation shall be in accordance with the commercial invoice and the sale contract (the conditions of delivery, tolerance rate, natural characteristics of goods and conditions of payment). Customs value shall not lower than the actual payment written on the commercial invoice and relevant documents.

9. ²⁰ Regarding imported rented goods, the customs value is the declared value determined based on the price actually paid or payable for rent of such goods and other expenses that the renter must pay at the first importing checkpoint, suitable with documents related to the rented goods.

Regarding imported borrowed goods, the customs value is the total amount of expenses that the borrower must pay at the first importing checkpoint, suitable with documents related to the borrowed goods.

If customs authorities possess the evidence proving that the customs declarant did not declare the suitable value, the customs value shall be determined by a method for customs valuation prescribed in this Circular, suiting the actual state of the imported goods.

10. Exported/imported goods in other special cases: Customs Departments of provinces shall report to the Ministry of Finance via the General Department of Customs for consideration and decision for specific cases conformable with the rules for customs valuation of exported/imported goods.

11. ²¹ For the goods that have not been used in Vietnam and their uses are changed into those not exempted from tax:

a) For goods whose uses are changed in order to be destroyed, the customs value is the declared value;

b) For goods whose uses are changed for the purpose of selling, the customs value is the declared value determined based on the actual selling price. If customs authorities possess the evidence proving that the declared value is not suitable, the customs value shall be determined by a method for customs valuation prescribed in this Circular, suiting the actual state of the goods

c) For other cases beside those prescribed in Point a and Point b of this Clause, the customs value is the declared value at the time of importation. If customs authorities possess the evidence proving that the declared value is not suitable, the customs value shall be determined by a method for customs valuation prescribed in this Circular, suiting the actual state of the goods.”

...

Article 18. Subjects of customs value declaration

Imported goods are subjected to customs value declaration, except for:

1. Non-taxable goods, goods eligible for tax exemption or consideration for tax exemption according to the provisions of the Law on Export and import tax;

2. Goods that are imported in the form of importing materials for the manufacture of exported goods;

3. Goods that are eligible for the transaction value method prescribed in clause 3 Article 6 of this Circular and have information declared sufficiently in the declaration of imported goods of Vietnam Automated Cargo And Port Consolidated System (VNACCS) and such system determines the customs value automatically;

4. Goods that are imported without a sales contract or commercial invoice.

Article 19. Form of customs value declaration

1. The form for customs value declaration according to the transaction value of the imported goods is prescribed in Article 6 of this Circular: The Form HQ/2015-TG1 and the instructions in Appendix III of this Circular.

2. The form for customs value declaration using the methods prescribed in Articles 8 to 12 of this Circular: The Form HQ/2015-TG2 and the instructions in Appendix III of this Circular.

...

1. The customs value shall be provided specifically for each item of declaration of imported goods in the customs value declaration. The items declared in the customs value declaration shall be numbered continuously and in accordance with the ordinal numbers of such items in the declaration of imported goods.

2. The customs value declaration is an integral part of the declaration of imported goods and shall be enclosed with the declaration of imported goods during the customs procedures. The customs value declaration shall be made in 02 copies, one is retained in the customs authority and the other is retained by the goods owners and shall be enclosed with the declaration of imported goods according to the legislation.

SECTION III: CUSTOMS VALUE DATABASE

Article 21. Customs value database ²²

1. The customs value database contains information related to customs valuation of exported/imported goods that is collected, compiled and classified by customs authorities. The customs value database is established on the bases of concentration and consistence and is updated regularly by the General Department of Vietnam Customs, including:

a) Customs value data management system;

) Lists of exported/imported goods with possibly-misdeclared value and reference prices enclosed therewith;

c) List of enterprises having goods with possibly-misdeclared value.

2. Sources of information for establishment of the customs value database include:

...

b) Information from the lists of exported/imported goods with possibly-misdeclared value and list of enterprises with possibly-misdeclared value prescribed in this Circular;

c) Information on legal compliance of enterprises, including information relating to enterprise’s compliance with legal policies in declaration and determination of customs value, number of violations and severity of violation collected and analyzed by customs authorities on the risk management system;

d) Other sources of information, including information collected by customs authorities or provided by other relevant bodies that is verified.

3. The customs value database is used for:

a) Compilation of the lists of exported/imported goods with possibly-misdeclared value and list of enterprises having goods with possibly-misdeclared value;

b) Examination of customs value of exported/imported goods;

c) State management of goods exportation/importation and other fields.

4. The Director General of the General Department of Vietnam Customs shall promulgate the regulations on development, management, operation and use of the customs value database.

Article 22. Competence in development, supplementation and modification; rules on use of lists of exported/imported goods with possibly-misdeclared value and reference prices and list of enterprises having goods with possibly-misdeclared value ²³

...

a) The lists of exported/imported goods with possibly-misdeclared value based on the criteria prescribed in Article 24 of this Circular. Such lists shall contain the code and name of goods, description of goods, calculation unit, origin of goods and reference price;

b) The reference prices of the goods in the lists of exported/imported goods with possibly-misdeclared value based on the sources of information prescribed in Article 25 of this Circular;

c) The list of enterprises having goods with possibly-misdeclared value based on the results of enterprise risk assessment according to the rules on risk management. Such list shall contain enterprise code, enterprise name and place of registration of customs declaration.

2. Rules on use:

a) The lists of exported/imported goods with possibly-misdeclared value and list of enterprises having goods with possibly-misdeclared value shall serve as one of the bases for customs authorities to identify subjects of customs value inspection during customs procedures or after the goods have obtained customs clearance;

b) The lists of exported/imported goods with possibly-misdeclared value and list of enterprises having goods with possibly-misdeclared value shall serve as one of the bases for customs authorities to identify subjects of customs value inspection during customs procedures or after the goods have obtained customs clearance;

Article 23. Time limit and responsibilities for compilation, supplementation and modification of the lists of exported/imported goods with possibly-misdeclared value and reference prices enclosed therewith, and list of enterprises having goods with possibly-misdeclared value ²⁴

1. The lists of exported/imported goods with possibly-misdeclared value and reference prices enclosed therewith and list of enterprises having goods with possibly-misdeclared value shall be compiled, supplemented and/or modified at least once every six months or when necessary on the basis of:

a) Requests of organizations/individuals;

...

2. Heads of province-level customs departments shall be responsible for organizing the following:

a) Update of results of document inspection, physical verification of goods, consultation and determination of value, post-customs clearance inspection, investigation against smuggling, information on handling of violations, enterprise dossier information, evaluation of legal compliance and risk classification in corresponding database systems.

b) Submission of reports to the General Department of Customs based on results of document inspection, physical verification of goods and investigation against smuggling, turnover conditions, export/import tax rates, states of smuggling and commercial fraud for the General Department of Customs to:

b.1) Add reference prices for exported/imported goods listed in the lists of exported/imported goods with possibly-misdeclared value that do not have any reference price yet based on the report proposing additions to the lists of exported/imported goods with possibly-misdeclared value (the Form No. 02/DMBX/2015 in Appendix II enclosed with this Circular) by collecting the information prescribed in Article 25 (except for Point h Clause 1) of this Circular;

b.2) Modify the reference prices if there is at least a 10% increase or decrease in the declared price and collected information compared to the reference prices in the lists of exported/imported goods with possibly-misdeclared value based on the report proposing additions to the lists of exported/imported goods with possibly-misdeclared value (the form No. 03/DMSD/2015 in Appendix II enclosed with this Circular) by collecting the information prescribed in Article 25 (except for Point h Clause 1) of this Circular;

b.3) Add to the lists of exported/imported goods with possibly-misdeclared value and reference prices enclosed therewith the exported/imported goods satisfying any of the criteria prescribed in Clause 1 and Clause 2 of Article 24 herein that have not been included in such Lists. Such addition shall be based on the report proposing additions to the lists of exported/imported goods with possibly-misdeclared value by collecting the information prescribed in Article 25 (except for Point h Clause 1) of this Circular;

b.4) Add to the list of enterprises having goods with possibly-misdeclared value the enterprises that satisfy the criteria prescribed in Clause 3 of Article 24 herein.

3. The affiliates of the General Department of Vietnam Customs shall update the sources of information prescribed in Clause 1 Article 25 of this Circular to corresponding database systems according to ex officio management of such sources of information.

4. The Department of export and import duty (General Department of Vietnam Customs) shall supervise, expedite and direct province-level customs departments to update information and propose amendments to the lists of exported/imported goods having goods with possibly-misdeclared value and reference prices enclosed therewith and list of enterprises posing risks of customs valuation according to Clause 2 herein.

...

1. For the exported goods:

a) Goods with high export duty and export turnover;

b) Goods with high frequency of violation pertaining to the customs value during the valuation;

c) Goods with possibly-misdeclared transaction value so as for export duty fraud or tax evasion or to be eligible to added-value tax refund.

2. For the imported goods:

a) Goods with high import duty;

b) Goods occupying high rate in total import turnover;

b) Goods with high frequency of violation pertaining to the customs value during the valuation;

d) Goods with possibly-misdeclared transaction value so as for import tax fraud or tax evasion;

...

3. ²⁶ The enterprises that are evaluated as with possibly-misdeclared value include:

a) The enterprises evaluated as not complying with the law by customs authorities at the time of evaluation;

b) The enterprises classified as enterprises with high possibility of misdeclared value or very high possibility of misdeclared value by customs authorities at the time of evaluation or enterprises engaging in exporting/importing operation for fewer than 365 days prior to the time of evaluation;

c) The enterprises receiving penalty from customs authorities for violations related to customs misevaluation that led to tax underpayment or increase of amounts of exempted, reduced, refunded or cancelled tax; or penalty from state authorities for tax fraud or tax evasion within 730 days (02 years) prior to the date of evaluation. The severity of the penalty and the fine for violations handled by customs authorities are prescribed in the Ministry of Finance’s Circular on risk management in customs operation.

Article 25. Sources of information for development and modification of the reference price enclosed with the List of exported/imported goods with possibly-misdeclared value

1. The information from the customs authority:

a) Information about import/export price of the identical/similar exported/imported goods that receive the approval of the customs authority for the customs value declared on the customs price data management information system;

b) Information about the result of the examination of document, physical verification of goods, the consultancy and the result of the modification of goods carried out by the Customs Departments of provinces during the customs procedures that is daily updated to the customs price data management information system;

c) Information about the result of the handling of complaints about customs value carried out by the Customs Departments of provinces, the General Department of Customs that is updated to the customs price data management information system;

...

dd) Information about the result of inspection and solution of the fraud of customs value carried out by the anti-smuggle force during the control and inspection that is updated to the information collection database system;

e) Information about the commercial fraud status, about the handling result of the violations during the classification in the risk management information system;

g) Information about the inspection carried out by the inspectorates or other customs forces before, during or after customs clearance;

h) Information from the report proposing the modification of the Customs Departments of provinces according to the provisions of clause 2 Article 23 of this Circular.

2. The information outside the customs authority:

a) Information about the transaction price on the international market (applicable to the items with transaction price on the international market) posted on the website of the transaction market of such items;

b) Information about the declared price that is posted on the website of the regulatory bodies;

c) Information from specialist magazines and documents, applicable to the line of auto, motorbike, electronics, iron and steel, etc that is collected monthly by the customs authority;

d) Information about the offer prices on the Internet from the genuine websites or the websites associated with the genuine websites, the transaction price on the international market (applicable to the items with transaction price on the international market) posted on the website of the transaction market of such items;

...

g) Information from the selling price on the domestic market of the goods identical/similar to the exported/imported goods, the relationship between the market selling price and the selling price of exported/imported goods that is collected periodically by the customs authority or provided by the tax agency (if any);

h) Information about the selling price of goods subject to export to Vietnam that is provided by the customs authorities of the exporting countries according to the agreement on bilateral or multilateral customs cooperation.

3. Such information shall be collected within at least 6 months from the day on which the decision on the promulgation of the applicable List of exported/imported goods with possibly-misdeclared value is signed. When the information is collected, the Export and Import Tax Department of provinces shall analyzed and changed such information into the same trading condition and request the Director of the General Department of Customs to promulgate the List of exported/imported goods with possibly-misdeclared value and the reference price enclosed therewith.

Chapter III

IMPLEMENTATION

Article 26. Entry in force ²⁷

1. This Circular comes into force as of April 1, 2015.

These following Circulars and Decisions are annulled:

a) The Circular No. 205/2010/TT-BTC dated December 15, 2010;

...

c) The Decision No. 30/2008/QD-BTC dated May 21, 2008;

d) The Circular No. 182/2012/TT-BTC dated October 25, 2012;

dd) The Decision No. 1102/QD-BTC dated May 21, 2008.

2. The determination and examination of the customs declaration registered from 01/01/2015 to the day before this Circular comes into effect shall be conformable to the guidance in the Circular No. 205/2010/TT-BTC dated December 15, 2010 and the Circular No. 29/2014/TT-BTC dated February 26, 2014 by the Minister of Finance.

3. During the implementation, if the relevant documents mentioned in this Circular and the appendixes enclosed with this Circular are modified or replaced, such modified or replaced documents are applied.

4. The customs valuation of exported/imported goods; inspection of customs value during the customs clearance procedures; inspection of post-clearance value of goods shall conform with the provisions of the Circular on customs procedures, customs supervision and inspection; export/import tax and tax administration applicable to exported/imported goods promulgated by the Minister of Finance.

Article 27. Responsibilities ²⁸

1. The General Department of Customs shall cooperate with the Ministries, business associations, the units affiliated to the Ministry of Finance to collect and exchange information about prices serving the inspection and determination of customs value as prescribed in Article 25 of this Circular.

2. The Directors of Customs Departments of provinces are responsible for the collection and analysis of information and the establishment of report to the General Department of Customs on the development and modification of the List of exported/imported goods with possibly-misdeclared value prescribed in clause 2 Article 23 of this Circular.

...

AUTHENTICATION OF CONSOLIDATED DOCUMENT

PP. THE MINISTER
THE DEPUTY MINISTER

Vu Thi Mai

^[1] This document is consolidated from 2 Circulars below:

- Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of April 1, 2015.

- Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019 (This Circular is amended by Decision No. 2681/QD-BTC dated December 16, 2019 of the Minister of Finance on amendments to Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods).

...

²Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods has following bases:

“Pursuant to the Law on Customs dated June 23, 2014;

Pursuant to the Law on Intellectual property No. 50/2005/QH11 dated November 29, 2005, the Law on the amendments to the Law on Intellectual property No. 36/2009/QH12 dated June 19, 2009;

Pursuant to Agreement on implementation of Article VII of General Agreement on Tariffs and Trade (GATT 1994);

Pursuant to the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 providing guidance on the implementation of the Law on Customs in terms of customs procedures and customs inspection, supervision and control; the Government’s Decree No. 59/2018/ND-CP dated April 20, 2018 on amendments to some Articles of the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 providing guidance on the implementation of the Law on Customs in terms of customs procedures and customs inspection, supervision and control;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017 on functions, tasks, powers and organizational structure of the Ministry of Finance;

At the request of the Director of General Department of Customs,

The Minister of Finance promulgates a Circular on amendments to Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods.”

³ This Clause is amended by clause 1 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

...

⁵ This Clause is added by clause 1 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

⁶ This Clause is added by clause 1 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

⁷ This Clause is added by clause 1 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

⁸ This Clause is added by clause 1 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

⁹ This Clause is amended by clause 2 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

¹⁰This Form is added by point b clause 14 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

¹¹This Clause is amended by clause 3 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

¹²This Clause is amended by clause 4 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

¹³This Clause is amended by clause 5 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

...

¹⁵This Clause is amended by clause 7 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

¹⁶This Clause is amended by clause 8 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

¹⁷This provision is amended by clause 9 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

¹⁸This point is amended by clause 9 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

¹⁹This Clause is amended by clause 9 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

²⁰This Clause is amended by clause 9 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

²¹This Clause is added by clause 9 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

²²This Article is amended by clause 10 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

²³This Article is amended by clause 11 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

...

²⁵This Article is amended by clause 13 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

²⁶This Clause is amended by clause 13 Article 1 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019.

²⁷Article 3 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019 stipulates as follows:

“Article 3. Entry in force

1. This Circular comes into force as of October 15, 2019.

2. Clause 15 of Article 1 of the Minister of Finance’s Circular No. 39/2018/TT-BTC dated April 20, 2018 is annulled.

3. During the implementation of this Circular, if the relevant documents cited in this Circular are amended or replaced, the amended or replaced documents shall supersede./.”

²⁸Article 2 of Circular No. 60/2019/TT-BTC dated August 30, 2019 of the Minister of Finance on amendments to Circular No. 39/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs value of exported goods and imported goods, coming into force as of October 15, 2019 stipulates as follows:

“Article 2. Responsibilities for implementation

...

Customs authorities, customs declarants, taxpayers and relevant organizations and individuals shall be responsible for customs valuation according to this Circular. Should any issue arise, customs authorities, customs declarants and taxpayers shall report to the Ministry of Finance (General Department of Vietnam Customs) for consideration and guidance on resolution.”

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Integrated document No. 21/VBHN-BTC dated April 23, 2020 Circular on customs value of exported goods and imported goods

Official number:	21/VBHN-BTC	Legislation Type:	Integrated document
Organization:	The Ministry of Finance	Signer:	Vu Thi Mai
Issued Date:	23/04/2020	Integrated Date:	Premium
Gazette dated:	Updating	Gazette number:	Updating
		Effect:	Premium

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Integrated document No. 21/VBHN-BTC dated April 23, 2020 Circular on customs value of exported goods and imported goods

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