Circular No. 29/2014/TT-BTC dated February 26, 2-14 of the Ministry of Finance on amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 205/2010/TT-BTC of December 15, 2010, guiding the Government’s Decree No. 40/2007/ND-CP of March 16, 2007, on customs valuation of imports and exports

CIRCULAR

Amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 205/2010/TT-BTC of December 15, 2010, guiding the Government’s Decree No. 40/2007/ND-CP of March 16, 2007, on customs valuation of imports and exports[1]

Pursuant to June 29, 2001 Customs Law No. 29/2001/QH10; and June 14, 2005 Law No. 42/2005/QH11 Amending and Supplementing a Number of Articles of the Customs Law;

Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import Duty and Export Duty;

Pursuant to November 29, 2006 Law No. 78/2006/QH11 on Tax Administration; and November 20, 2012 Law No. 21/2012/QH13 Amending and Supplementing a Number of Articles of the Law on Tax Administration;

Pursuant to the Government’s Decree No. 40/2007/ND-CP of March 16, 2007, on customs valuation of imports and exports;

Pursuant to the Government’s Decree No. 87/2010/ND-CP of August 13, 2010, detailing a number of articles of the Law on Import Duty and Export Duty;

Pursuant to the Government’s Decree No. 87/2012/ND-CP of October 23, 2012, detailing a number of articles of the Customs Law regarding e-customs procedures for commercial imports and exports;

Pursuant to the Government’s Decree No. 83/2013/ND-CP of July 22, 2013, detailing a number of articles of the Law on Tax Administration and the Law Amending and Supplementing a Number of Articles of the Law on Tax Administration;

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

At the proposal of the General Director of Customs,

The Minister of Finance promulgates the Circular amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 205/2010/TT-BTC of December 15, 2010, guiding the Government’s Decree No. 40/2007/ND-CP of March 16, 2007, on customs valuation of imports and exports, as follows:

Article 1.To amend and supplement a number of articles of Circular No. 205/2010/TT-BTC of December 15, 2010, as follows:

1. To amend Clause 8 of, and add Clauses 18, 19, and 20 to, Article 2, as follows:

“8. Identical imports means goods which are the same in all respects, including:

8.1. Physical characteristics, such as surface, materials, method of manufacture, functions, utility purposes; mechanical, physical and chemical characteristics; and headings according to the classification in the Vietnam’s List of Imports;

8.2. Quality;

8.3. Marks;

8.4. Being made in the same country or by the same manufacturer or licensed manufacturer.

Imports that basically satisfy the conditions for being regarded as identical imports but have minor differences in appearance such as color, size and design, which do not affect their value, are still regarded as identical.

Imports are not regarded as identical if in the process of manufacturing any of these goods, technical designs, construction designs, development plans, fine-art designs, design drawings, charts, sketches or similar products or services, which are made in Vietnam and supplied free of charge by the purchaser to the seller, are used.”

“18. Royalty or licensing fee related to imports means:

18.1. Royalty or licensing fee payable for use of trademarks in conformity with the document set only when the following conditions are satisfied:

18.1.1. Imports are sold in the conditions as when imported on the Vietnamese market or simply processed after being imported;

18.1.2. Imports bear their trademarks when being sold on the Vietnamese market.

18.2. Royalty or licensing fee payable for use of patents, technical know-how or other intellectual property rights shown in purchase and sale contracts, licensing contracts or other agreements on intellectual property rights transfer when:

18.2.1. Patents, technical know-how or other intellectual property rights are used for production of imports;

18.2.2. Imports bear patents, industrial designs or are subject to other intellectual property rights;

18.2.3. Imports are machines or equipment manufactured or produced for utilization of patents, technical know-how or other intellectual property rights.

Examples on imports bearing patents or technical know-how are provided in Appendix II to this Circular.

19. Post-importation simple processing activities include:

19.1. Goods preservation during transportation and storage (ventilation, unreeling, drying, refrigeration, salting, sulfuring or addition of other additives, removal of rotten components and other similar works);

19.2. Dust cleaning, screening, selection, classification (including set arrangement), cleaning, painting or separation;

19.3. Change of packages and dismounting or fitting of goods lots; bottling, packaging, enclosing, boxing or other simple packaging works;

19.4. Sticking labels, marks or other similar identification signs on products or packages;

19.5. Simple mixing of imports with other ingredients, including dilution with water or other substances, not affecting goods’ fundamental characteristics;

19.6. Simple assembling of goods’ components to create a finished product;

Simple assembling means putting together items, components and parts by assembling tools (screwdriver, bolt, screw nut) or by welding merely for the assembling purposes. Regardless of complexity of the assembling method, components are not required to go through any processing step so that a product becomes a finished one.

19.7. Combination of two or more jobs mentioned at Points 19.1 thru 19.6, Clause 19 of this Article;

19.8. Slaughtering animals without processing them.

20. As a condition for imports purchase and sale transactions:

20.1. The purchaser may only purchase imports from suppliers designated by intellectual rights owners or those related to intellectual right owners; or imports must satisfy the technical standards at the request of intellectual right owners; or

20.2. The purchaser may only purchase imports when he/she has paid royalty or licensing fee to the seller or intellectual right owner.”

2. To amend and supplement Item 1.2.5.1, Point 1.2.5, Clause 1 of Article 14, as follows:

“1.2.5.1. Conditions for addition: Addition is made only when the following conditions are fully satisfied:

a/ Royalty or licensing fee is paid by the purchaser for use or transfer of intellectual property rights related to the imports being valued;

b/ Royalty or licensing fee is directly or indirectly paid by the purchaser as a condition for the transaction of purchase and sale of the goods being valued as shown in the goods purchase and sale contract, licensing contract or other agreements on intellectual property rights transfer;

c/ Royalty or licensing fee is not yet calculated in the actually paid or to-be-paid price of the imports being valued.”

3. To amend and supplement Article 21 as follows:

“Article 21. Drawing up, supplementation and modification of the list of exports with value-related risk and their attached reference prices

1. Criteria for drawing up, supplementation and modification of the list of exports with value-related risk:

1.1. Goods subject to high export duty rates;

1.2. Goods accounting for large proportions in the gross export turnover;

1.3. Exports with a high frequency of violation during the customs valuation period;

1.4. Goods with the risk of false declaration of their transaction values for the purpose of export duty fraud or evasion;

1.5. Goods with the risk of declaration of higher export value for the purpose of enjoying value-added tax refund for exports;

1.6. Goods with other customs value-related risks under Clause 3, Article 21 of the Ministry of Finance’s Circular No. 175/2013/TT-BTC of November 29, 2013, on application of risk management in customs operations.

2. Information sources for the drawing up, supplementation and modification of the list of exports with value-related risks and their attached reference prices

2.1. Information sources in the customs sector:

2.1.1. Information on export prices of identical or similar exports of which the dutiable prices declared by enterprises in the dutiable price data management system have been accepted by customs offices;

2.1.2. Information on results of documentary and physical inspection of goods, results of consultation, results of price adjustment or results of revaluation of dutiable prices conducted by provincial-level Customs Departments in the course of customs procedure clearance, which are updated daily in the dutiable price data management system;

2.1.3. Information on results of the settlement of complaints about dutiable values conducted by provincial-level Customs Departments or the General Department of Customs and updated in the dutiable price data management system;

2.1.4. Information on results of post-customs clearance inspection of dutiable values conducted by the post-customs clearance inspection force in the course of post-customs clearance inspection, which are updated in the enterprise management system serving post-customs clearance inspection and risk management;

2.1.5. Information on results of the inspection and handling of dutiable value frauds conducted by the anti-smuggling force in their anti-smuggling control and investigation, which are updated in information databases;

2.1.6. Information on trade frauds and results of handling of violations in the course of channeling in the risk management system;

2.1.7. Information on examination or inspection results conducted by inspection or other forces before, during or after the customs clearance of goods;

2.1.8. Information from reports proposing the supplementation and modification by provincial-level Customs Departments prescribed at Point 5.1, Clause 5 of this Article.

Units of or attached to the General Department of Customs shall, within their functions and tasks of management of above-mentioned information sources, update results of examination and inspection or results of handling in the customs sector’s database system in order to report such to the General Director of Customs for drawing up, supplementation and modification of the list of goods with value-related risk and their reference prices on a periodical basis or when necessary.

2.2. Information sources outside the customs sector:

2.2.1. Information on transaction prices on the world market (for goods with transaction prices on the world market) shown on the websites of such goods’ trading markets;

2.2.2. Information on signs of trade fraud in value declaration provided by market management agencies, public security agencies, commercial banks, ministries, sectors, tax agencies, associations, enterprises, organizations or individuals to customs offices;

2.2.3. Information on selling prices of goods identical or similar to exports on the domestic market and relations between market prices and selling prices of exports collected periodically by customs offices or provided by tax agencies (if any);

2.3. The above-mentioned information sources must be collected within six months after the promulgation of the effective list of exports with value-related risks. After being collected, information sources must be analyzed and converted to be subject to the same purchase and sale condition before being used for drawing up, supplementation and modification of the list of exports with value-related risks and their reference prices.

3. Principles of drawing up, supplementation, modification and use of the list of exports with value-related risks and their reference price rates:

3.1. Customs offices shall draw up, supplement or modify the list of exports with value-related risks based on results of risk valuation according to risk management criteria, professional information, and existing information and data in the customs sector’s information system at the time of valuation. The list of exports with value-related risks must reflect goods information, such as: heading, description or full name of goods.

3.2. Customs offices shall draw up, supplement or modify the list of exports with value-related risks and their reference prices based on collected information sources under Clause 2 of this Article.

3.3. The list of exports with value-related risks and their reference prices serve as bases for customs offices to compare, cross-check and inspect customs declarants’ declared values, identify suspected signs and conduct the consultation during or after customs clearance as prescribed. It must not be used for assessment of dutiable values but may be internally circulated and uniformly used in the customs sector.

4. The time limit for drawing up, supplementation or modification of the list of exports with value-related risks and their attached reference prices is six months or depends on:

4.1. Proposals of ministries, sectors, associations, organizations or individuals;

4.2. Requests of provincial-level Customs Departments and units of the General Department of Customs.

5. Competence to draw up, supplement or modify the list of exports with value-related risks and their attached reference prices:

5.1. Directors of provincial-level Customs Departments shall:

5.1.1. Update results of dossier examination, results of physical inspection of goods, results of revaluation, results of consultation, results of valuation, and results of post-customs clearance inspection and anti-smuggling investigation in the relevant database system.

5.1.2. Based on results of dossier examination, results of physical inspection of goods, results of revaluation, results of consultation, results of valuation, and results of post-customs clearance inspection and anti-smuggling examination and investigation; quotas; export duty rates; and the smuggling and trade fraud situation, propose and report such to the General Department of Customs for:

5.1.2.1. Supplementing reference prices on the principles prescribed at Point 3.2, Clause 3 of this Article in case of exports on the list of exports with value-related risks but without reference prices according to form No. 07 provided together this Circular on the basis of collecting information from the sources prescribed in Clause 2 (excluding Point 2.1.8) of this Article.

5.1.2.2. Adjusting reference prices on the principles prescribed at Point 3.2, Clause 3 of this Article in case declared prices and collected information see an increase or a decrease of over 10 percent against reference prices on the list of exports with value-related risks according to form No. 08 to this Circular on the basis of collecting information from the sources prescribed in Clause 2 (excluding Point 2.1.8) of this Article.

5.1.2.3. Adding goods to the list of exports with value-related risks and their reference prices on the principles prescribed in Clause 3 of this Article when exports satisfy one of the criteria prescribed in Clause 1 of this Article but are not yet put on the list of exports with value-related risks according to form No. 07 provided together with this Circular on the basis of collecting information from the sources prescribed in Clause 2 (excluding 2.1.8) of this Article.

5.2. Responsibilities of the General Department of Customs: The General Director of Customs shall organize the drawing up, supplementation and modification of the list of exports with value-related risks and their reference prices based on the criteria prescribed in Clause 1 of this Circular, the information sources prescribed in Article 8 of Circular No. 175/2013/TT-BTC and Clause 2 of this Article, providing the drawing up and management of the list of exports with value-related risks prescribed in Article 21 of Circular No. 175/2013/TT-BTC.”

4. To amend and supplement Article 22 as follows:

“Article 22. Examination and processing of results of examination of dutiable values of exports

1. Contents of examination:

a/ Comparing declared prices with:

a.1/ The reference prices on the list of exports with value-related risks.

a.2/ The dutiable prices of identical or similar items in the latest export declaration against the date of export declaration registration of goods being valued, for goods on the list of exports with value-related risks. Goods shipments with doubts about prices are not subject to comparison.

In case two or more dutiable prices of identical or similar exports can be determined at the same time, the identical or similar exports’ declared prices shall be compared with the lowest dutiable price after being converted to the same purchase and sale condition.

b/ Examining the consistency of contents of goods purchase and sale contracts;

c/ Examining the consistency of contents between goods purchase and sale contracts and customs dossiers’ documents.

2. Processing of examination results:

a/ To reject declared prices, determine dutiable value and issue a notice of dutiable value (according to form No. 04 provided together with this Circular), at the same time, based on the nature and seriousness of violations, handle such violations in accordance with law if customs offices detect any of the following inconsistencies in procedures and dossiers (below referred to as inconsistencies in procedures and dossiers):

a.1/ Contents of the goods purchase and sale contract are inappropriate;

a.2/ Contents of the goods purchase and sale contract are inconsistent with those of customs dossiers’ documents.

b/ In case the declared price is lower than one of the prices prescribed at Point a, Clause 1 of this Article (below referred to as a doubt about prices of exports) with or without inconsistencies in procedures and dossiers:

b.1/ In case importers or exporters are rated as those with high risks or in case they have conducted import and export activities for less than 365 days as prescribed in Article 18 of Circular No. 175/2013/TT-BTC:

Customs offices shall notify customs declarants of grounds of doubts about declared prices, methods and prices determined by customs offices according to the notices of doubts about declared prices (form No. 01 provided together with this Circular).

b.1.1/ In case customs declarants agree on the prices and methods determined by customs offices according to notices of doubts about declared prices, the customs offices shall issue notices of dutiable values (form No. 04 provided together with this Circular), assess duty according to determined prices and clearly state them on customs declarations.

b.1.2/ In case customs declarants disagree on the prices and methods determined by customs offices, they shall write “consultation is requested” and the time for consultation in the notices of doubts about declared prices. The customs declarants shall exercise the right to consultation prescribed in Clause 3 of this Article and pay security as prescribed at Point 3.2, Clause 3, and Clause 4, Article 25 of Circular No. 205/2010/TT-BTC.

Customs offices shall notify customs declarants of the security and price for calculating the guarantee on the principles of and method of determining dutiable value under Decree No. 40/2007/ND-CP and Circular No. 205/2010/TT-BTC.

b.2/ If importers or exporters are not rated as those with high risks or they have conducted import and export activities for less than 356 days as prescribed in Article 18 of Circular No. 175/2013/TT-BTC and have fully paid duties according to declared prices, they may carry out customs clearance or release of goods, provided customs offices transfer dossiers and doubts to competent agencies for handling under Article 27 of this Circular.

c/ In case there are doubts about inconsistencies in procedures and dossiers but there are no doubts about prices of exports: Customs declarants may carry out customs clearance or release of goods according to the declared prices after full payment of duty but customs offices shall transfer dossiers and doubts to competent agencies for handling under Article 27 of this Circular.

d/ In case there are no doubts about dossiers, procedures and prices of exports and customs declarants have paid fully duty according to the declared prices, they may carry out customs clearance or release of goods. Customs offices shall carry out post-customs clearance inspection under regulations.

dd/ Customs offices shall, based on the principles of and methods of determining dutiable prices prescribed in Decree No. 40/2007/ND-CP and Circular No. 205/2010/TT-BTC and the latest information sources after the export declaration registration of goods being valued prescribed in Clause 1 (excluding Point 2.1.8), Article 21 of this Circular, determine dutiable prices. The dutiable prices determined by customs offices must not be lower than the reference prices in the list of exports with value-related risks. In case at the same time two or more prices of identical or similar exports are determined, the dutiable prices are the lowest price of these identical or similar exports under the same purchase and sale condition.

3. Consultation:

3.1. Consultation is applied when there is a doubt about the declared price but the customs declarant has not yet agreed on prices and methods of determination of dutiable prices set by customs offices as prescribed at Point b.1.2, Clause 2 of this Article.

The director of provincial-level Customs Department shall conduct the consultation for goods on the list of exports with value-related risks which show signs of a doubt about prices but their declared prices are lower by up to 10% than those available in the price data at the time of inspection.

3.2. Form of consultation: Direct consultation.

3.3. Competence for consultation:

3.3.1. Directors of provincial-level Customs Departments shall conduct the consultation and take all responsibilities for the effectiveness of the consultation by the provincial-level Customs Departments.

3.3.2. Based on the practical situation and management capability and distance between Customs Branches and a provincial-level Customs Department, the director of the provincial-level Customs Department may authorize directors of Customs Branches to conduct consultation for goods subject to consultation on the condition that the effectiveness of consultation and valuation work at Customs Branches can be assured.

3.4. Preparation for a consultation:

3.4.1. The customs declarant: To prepare dossiers and documents under Article 12 of Circular No. 128/2013/TT-BTC and data aiming to clarify the accuracy of declared prices. To assign a representative who is competent to decide on contents related to the determination of the dutiable value or an entirely authorized person to participant the consultation at the right time stated in the notice of doubts about declared prices.

3.4.2. The customs office: To arrange place and time for the consultation as requested by the customs declarant, and prepare data to clarify doubts upon consultation.

3.5. Holding a consultation:

Based on prepared dossiers, documents and data, the enterprise shall demonstrate and explain about contents related to the declaration of factors of the export transaction, declared price, and grounds for determination of the dutiable value.

The customs office shall clarify doubts about dossiers and the declared price. The questions and answers made in the consultation process must be recorded completely and truthfully in the minutes of consultation. Based on the enterprise’s answers and price data, the customs office shall write “dutiable price complies with the declared price” or “the declared price is rejected”, and at the same time write the determined dutiable price in the minutes of consultation. The enterprise shall state its acceptance or rejection of the dutiable price determined by the customs office in the minutes of consultation. The consultation participants shall sign in the minutes of consultation.

3.6. The time limit for completion of consultation and determination of dutiable value is 30 days from the date of declaration registration.

3.7. Processing of consultation results:

3.7.1. In case the customs declarant agrees on the dutiable price determined by the customs office, the custom offices shall write “the declared price is rejected” in the minutes of consultation, issue the notice of dutiable value and conduct tax assessment under regulations in any of the following cases:

a/ In the consultation process, the customs office discovers inconsistencies in procedures and dossiers;

b/ The customs declarant has inaccurately declared contents related to the determination of dutiable value:

b.1/ The customs office, through other professional measures, obtained information affirming that the declared value is inaccurate.

b.2/ Examination results show that the custom has provided inaccurate information or counterfeit or unlawful documents.

3.7.2. The customs office shall clearly write “dutiable price complies with the declared price” in the minutes of consultation, issue a notice of dutiable value and concurrently transfer dossiers and doubts to competent agencies for handling under Article 27 of this Circular in the following cases:

a/ The customs office does not have sufficient grounds for rejecting the declared price or has sufficient grounds to reject the declared price but the customs declarant disagrees on the dutiable price determined by the customs office;

b/ The customs declarant fails to participate in the consultation at the right time stated in the notice of doubts about declared price.

c/ Past the required time limit, the customs declarant fails to provide information and documents as notified by the customs office.

3.7.3. Apart from the cases specified at Points 3.7.1 and 3.7.2 of this Clause, the customs office shall calculate duty according to the declared price and issue a notice of dutiable value.

3.7.4. Right after the consultation is completed or on the working day following the date of consultation, the provincial-level Customs Department (for cases in which consultation is held by provincial-level Customs Departments) or the Customs Branch (for cases in which consultation is held by Customs Branches) shall issue the notice of dutiable value.

Tax assessment and payment of the assessed tax amount must comply with the Ministry of Finance’s Circular No. 128/2013/TT-BTC of September 10, 2013, on customs procedures; customs inspection and supervision; import and export duties and tax management of imports and exports.

3.8. All documents and dossiers related to the consultation must be preserved together with customs dossiers.”

5. To amend and supplement Article 23 as follows:

“Article 23.Elaboration, supplementation and modification of the list of imports with value-related risks and attached reference prices

1. Criteria for elaboration, supplementation and modification of the list of imports with value-related risks

1.1. Goods subject to high import duty rates;

1.2. Goods accounting for large proportions in the gross import turnover;

1.3. Imports with a high frequency of violation in customs value during the period of valuation;

1.4. Goods with the risk of false declaration of transaction value for the purpose of tax fraud and import duty evasion;

1.5. Goods with the risk of declaration of higher import value for the purpose of transfer pricing;

1.6. Goods with the risk of declaration of lower import value for the purpose of dumping goods into the Vietnamese domestic market;

1.7. Goods with other risks in customs value under Clause 3, Article 21 of Circular No. 175/2013/TT-BTC.

2. Sources of information, elaboration, supplementation and modification of the list of imports with value-related risks and attached reference prices

2.1. Sources of information of the customs sector:

2.1.1. Source of information on import prices of identical or similar imports and dutiable value declared by enterprises in the system of information on dutiable price management which has been accepted by customs offices;

2.1.2. Source of information on results of documentary and physical inspection, results of consultation, results of price adjustment, and results of verification of dutiable value which are carried out by provincial-level Customs Departments upon conducting customs procedures which are updated daily in the system of information on dutiable price management;

2.1.3. Source of information on results of the settlement of complaints about dutiable value which are carried out by provincial-level Customs Departments and updated in the system of information on dutiable price management;

2.1.4. Source of information on results of post-customs clearance inspection of dutiable value which is carried out by the post-customs clearance inspection force upon the inspection and updated in the system of information on enterprise management serving post-customs clearance inspection and risk management;

2.1.5. Source of information on results of inspection and handling of frauds in dutiable value which are carried out by the anti-smuggling force in the anti-smuggling control and investigation process and updated in the system of database on information collection;

2.1.6. Source of information on commercial frauds and results on handling of violations upon the channeling in the system of information on risk management;

2.1.7. Source of information on results of examination and inspection which are carried out by inspectors or other forces of the customs sector before, during and after customs clearance;

2.1.8. Source of information from reports proposing supplementation and modification of provincial-level Customs Departments under Point 5.1, Clause 5 of this Article.

Units of or under the General Department of Customs shall, based on the functions and tasks of management of the above sources of information, update results of examination and inspection in the database of the customs sector in order to report to the General Director of Customs for elaboration, supplementation and modification of the list of imports with value-related risks and reference prices on a periodic basis or in case of necessity.

2.2. Sources of information outside the customs sector:

2.2.1. Source of information on declared prices which are publicly uploaded by professional agencies of lines ministries on their websites in accordance with specialized laws;

Example: Drug prices shall be declared and re-declared on the website of the Drug Administration of Vietnam (www.dav.gov.vn).

2.2.2. Source of information from newspapers, magazines or specialized documents for such commodity items as automobiles, motorbikes, electronic appliances, iron and steel monthly collected by customs offices;

2.2.3. Source of information on price offering on the Internet from or linked with genuine websites, transaction prices on the world market (for goods with transaction prices on the world market) which are uploaded on the website of the market on trading of such goods;

2.2.4. Source of information on signs of commercial frauds in the declaration of value provided to customs offices by relevant agencies such as market management agencies, public security agencies, commercial banks or ministries, sectors, tax agencies, associations, enterprises, organizations or individuals;

2.2.5. Source of information on selling prices of identical or similar goods on the domestic market, relations between market prices and selling prices of imports which are periodically collected by customs offices or provided by tax agencies (if any);

2.2.6. Source of information on selling prices of goods to be exported to Vietnam provided by customs offices of other countries according to agreements of bilateral or multilateral cooperation on customs.

2.3. The said-above sources of information shall be collected within 6 months from the date of signing of the list of imports with value-related risks currently in effect. After being collected, sources of information must be analyzed and converted into the same purchase and sale condition before being used for the elaboration, supplementation and modification of the list of imports with value-related risks and reference prices.

3. Principles of elaboration, supplementation, modification and use of the list of imports with value-related risks and reference prices

3.1. Customs offices shall elaborate, supplement and modify the list of imports with value-related risks on the basis of results of the risk evaluation according to criteria on risk management, professional information, current information and data on the system of information of the customs sector at the time of evaluation. The list of imports with value-related risks must contain information on goods, including headings of goods, description of goods or specific names of goods.

3.2. Customs offices shall elaborate, supplement and modify the list of imports with value-related risks and reference prices on the basis of sources of information collected under Clause 2 of this Article.

3.3. The list of imports with value-related risks and reference prices serves as a basis for customs offices to compare, cross-check and inspect the declared value of customs declarants, identify suspected signs, and make consultation during the process of carrying out customs procedures or after customs clearance under regulations. It must not be used for assessment of dutiable value but may used within the customs sector.

4. The list of imports with value-related risks and reference prices shall be elaborated, supplemented or modified once every 6 months or when necessary on the basis of considering:

4.1. Proposals of ministries, sectors, associations, organizations and individuals;

4.2. Requests of provincial-level Customs Departments and units under the General Department of Customs.

5. Competence on elaboration, supplementation and modification of the list of imports with value-related risks and reference prices:

5.1. Responsibilities of directors of provincial-level Customs Departments:

5.1.1. To update results of documentary and physical inspection, results of verification, results of consultation and valuation, results of post-customs clearance inspection, anti-smuggling inspection and investigation in the relevant database.

5.1.2. Based on results of examination, results of physical inspection, results of verification, results of consultation and valuation, anti-smuggling inspection and investigation, turnover, import duty rate, commercial smuggling and frauds, to propose and report to the General Department of Customs:

5.1.2.1. To add reference prices on the principle specified at Point 3.2, Clause 3 of this Article, for imports on the list of imports with value-related risks without reference prices according to form No. 7 provided together with this Circular, on the basis of collecting information from the sources prescribed in Clause 2 (except Point 2.1.8) of this Article.

5.1.2.2. To modify reference prices on the principle specified at Point 3.2, Clause 3 of this Article in case the declared price and collected information see an increase or decrease of over 10 percent against the reference prices on the list of imports with value-related risks according to form No. 8 provided together with this Circular, on the basis of collecting information from the sources prescribed in Clause 2 (except Point 2.1.8) of this Article.

5.1.2.3. To add goods items in the list of imports with value-related risks and reference prices on the principle specified in Clause 3 of this Article, for imports meeting one of the criteria specified in Clause 1 of this Article but not yet included in the list of imports with value-related risks according to form No. 7 provided together with this Circular, on the basis of collecting information from the sources prescribed in Clause 2 (except Point 2.1.8) of this Article.

5.2. Responsibilities of the General Department of Customs: The General Director of Customs shall organize elaboration, supplementation and modification of the list of imports with value-related risks and reference prices on the basis of the criteria specified in Clause 1 of this Circular, sources of information prescribed in Article 8 of Circular No. 175/2013/TT-BTC and Clause 2 of this Article, provisions on the elaboration and management of the list of imports with value-related risks under Article 21 of Circular No. 175/2013/TT-BTC.”

6. To amend and supplement Article 24 as follows:

“Article 24. Inspection and processing of results of inspection of import dutiable value

1.Contents of value inspection:

a/ Inspection of the declared content: To inspect all of the criteria stated in the import customs declaration and value declaration declared by the importer, paying attention to the following criteria:

a.1/ Names of goods must be complete with the detailed markings, marks, appellations of origin of goods and in conformity with criteria on the value declaration. Specifically, goods names which are declared as normal trade ones together with basic features (such as: structure, constituent materials, ingredients, contents, capacity, size, design, utilities, mark, origin) meet the requirements for classification and identification of factors, related to the determination of the dutiable value of goods.

For example: Motorbikes and automobiles need to have information about seat numbers, brand names, manufacturers, manufacturing countries, design, cylinder capacity, model and another markings.

a.2/ Units of calculation must be clearly quantified in units of measurement in conformity with features of goods (such as meters or kilograms), unclear quantitative units (such as barrels or boxes) must be converted into the equivalents (such as how many boxes in a barrel, how many kilograms per box). Unit of calculation must be consistent with the unit of calculation of goods under the same heading under the Ministry of Finance’s Circular No. 156/2011/TT-BTC of November 14, 2011, promulgating the list of imports and exports of Vietnam;

a.3/ In case names of goods or units of calculation are not declared specifically, clearly and quantitatively according to the above provisions,  customs declarants must further clarify information on goods. Customs declarants who fail to make additional declaration as requested by customs offices or make incomplete declaration shall be handled under Item a.1, Point a, Clause 2 of this Article;

b/ Inspection of the accuracy of dossiers (such as arithmetic operation); the truthfulness of and conformity with contents among documents in customs dossiers (such as: comparison of contract terms); comparison of contents of commercial invoices with goods purchase and sale contracts; comparison of contents declared in value declarations with relevant documents in customs dossiers;

c/ Inspection of the conformity of documents related to the determination of dutiable value;

d/ Inspection of the compliance with the principles and methods of determination of dutiable value guided in Decree No. 40/2007/ND-CP, Circular No. 205/2010/TT-BTC and this Circular; applicable conditions and order of methods used to determine the declared value;

dd/ Inspection of the declared price: Customs offices shall compare the declared price with price database at the time of value inspection.

The price database used to inspect the declared value is the price data collected, updated and used in accordance with the Regulation on elaboration, management and use of price database.

2. Processing of inspection results:

a/ To reject declared value, determine dutiable value and issue a notice of dutiable value (according to form No. 04 issued together with this Circular), at the same time, based on the nature and seriousness of violations, handle such violations in accordance with law if customs offices detect any of the following inconsistencies in procedures and dossiers or in principles and order of applying methods for determining dutiable value (below referred to as inconsistencies in procedures and dossiers):

a.1/ The customs declarants who are required to clarify more information about the names of goods and units of calculation fail to make additional declaration or make incomplete declaration;

a.2/ There are inconsistencies in the contents of documents in the customs dossiers submitted or produced by the declarants to the customs offices and there grounds for determining that customs declarants have made untruthful declarations on contents related to the determination of value;

Example: There are differences between the description of commercial invoices and goods purchase and sale contracts.

a.3/ Customs dossiers are inconformity with relevant documents;

a.4/ Customs declarants fail to declare or declare incomplete or incorrect factors that affect transaction value (for example, they fail to declare any additional or deductible adjustment, conditions on rights to disposal, and special relationships);

a.5/ Custom declarants make incorrect application of principles, orders and contents of methods for determination of the dutiable value under Circular No. 205/2010/TT-BTC;

a.6/ Customs declarants fail to satisfy one of the conditions to apply the method of determination of the dutiable value under Circular No. 205/2010/TT-BTC;

Example: The customs declarants fail to satisfy the conditions on the right to disposal or use of goods after importing when applying the transaction value method, fail to satisfy the conditions of the time when choosing identical or similar goods in case of applying method of transaction value of identical imports, method of transaction value of similar imports.

b/ Dealing with suspected cases:

b.1/  In case there are no doubts about prices but there are doubts about inconsistencies in procedures and dossiers and customs declarants fulfilled duty payment according to the declared price, they may carry out customs clearance or release of goods, provided customs offices transfer dossiers and doubts to competent agencies for handling under Article 27 of this Circular.

b.2/ In case there is any doubt about the price except the suspected signs specified in Item b.4.7 of this Article and there are either doubts or no doubt about inconsistencies in procedures and dossiers, to handle as follows:

b.2.1/ For items on the list of imports with value-related risks and importers or exporters are not regarded as those with high risks or those having importation and exportation activities less than 356 days under Article 18 of Circular No. 175/2013/TT-BTC: Customs offices shall notify the customs declarants of the ground and basis of suspected signs on the declared price, method, and price determined by customs offices according to the notice of doubts over declared prices (made according to form No. 1 issued together with this Circular);

b.2.1.1/ In case the customs declarants agree on the price and method determined by customs offices according to the notice of doubts over declared prices, customs offices shall issue the notice on value determination (made according to form No. 4 to this Circular), conduct​tax assessment according to the determined price and clearly state such on the customs declaration;

b.2.1.2/ In case the customs declarants do not agree on the price and the method determined by customs offices, they shall write “consultation is requested” and the proposed time for consultation in the notice of doubts over the declared price. The customs declarants may exercise the right to consultation as prescribed in Clause 3 of this Article but must pay security as prescribed at Point 3.2, Clause 3 and Clause 4, Article 25 of Circular No. 205/2010/TT-BTC.

The customs offices shall notify the customs declarants to pay security,  price to calculate the guarantee determined under the principles and method for determination of dutiable value under Decree No. 40/2007/ND-CP, Circular No. 205/2010/TT-BTC and state in the notice on determination of the security (form No. 2 issued together with this Circular).

b.2.2/ In case goods are listed on the list of imports with value-related risks and importers or exporters are not regarded as those with high risks or those having importation and exportation activities less than 356 days under Article 18 of Circular No. 175/2013/TT-BTC, and fulfilled duty payment according to the declared price, the goods shall be cleared or released but the customs offices must transfer dossiers and suspected signs for processing under Article 27 of this Circular.

b.2.3/ In case goods are not listed on the list of imports with value-related risks and customs declarants fulfilled duty payment according to the declared price, the goods shall be cleared or released but the customs offices must transfer dossiers and suspected signs for processing under Article 27 of this Circular.

b.3/ If there is any doubt about the price in Item b.4.7 of this Point, there are either any suspected signs or no suspected signs on the inconsistency in procedures, dossier and customs declarants fulfilled duty payment according to the declared price, goods shall be cleared or released but the customs offices must transfer dossier and suspected signs for handling under Article 27 of this Circular.

b.4/ Imports are considered as suspected in price in one of the following cases:

b.4.1/ The imports are declared with the price lower than the reference prices of identical or similar goods listed on the list of imports with value-related risks.

b.4.2/ The imports are declared with the price lower than the lowest dutiable price of identical or similar goods determined by the customs offices, or less than the lowest price of identical or similar goods (not compared to consignments with suspected signs), and have been cleared according to the declared price.

Identical or similar goods used for comparison are exported to Vietnam on the same day or within 60 days before or 60 days after the date of exportation of the goods subject to value inspection. In case identical or similar goods cannot be identified within the above time limit, the time limit shall be extended no more than 90 days before or 90 days after the date of exportation of the goods subject to value inspection.

b.4.3/ The imports are declared with the price lower than or equal to the declared price of parts in imports of the same kind, or less than or equal to the declared price of the raw materials that constitute complete imports after being converted to the same conditions with the consignments subject to value inspection.

The time limit for data selection complies with in Item b.4.2 of this Article.

b.4.4/ The imports are declared with the price lower than the price collected by the customs offices from other sources under Clause 2, Article 23 of this Circular after being converted to the same conditions with the consignments subject to value inspection.

b.4.5/ The imports have discount factors in which the declared price after deducting the discount is below the prices of identical or similar goods in the price database.

b.4.6/ In case of impossibility to identify identical or similar goods under Circular No. 205/2010/TT-BTC for comparison and inspection of the declared price:

b.4.6.1/ Imports with many properties and uses may be compared against goods of the same type with a basic property the price of which is available in the price database.

b.4.6.2/ Imports with higher quality may be compared against goods of lower quality and grades the price of which is available in the price database.

b.4.6.3/ Imports with the same brand names and originated from developed countries or groups of countries may be compared against goods of the same type from developing countries the price of which is available in the price database.

The time limit for data selection complies with Item b.4.2 of this Article.

b.4.7/ The imports are declared with the price higher than 15% compared with the price available in the price database.

The time limit for data selection complies with Item b.4.2 of this Article.

c/ For cases not specified in Items a and b of this Article, to conduct customs clearance after customs declarants fulfilled duty payment. Customs offices shall conduct post-customs clearance inspection according to regulations.

3. Consultation:

3.1. Cases subject to consultation are cases in which doubts have arisen over the declared price but the declarant still disagrees on the price and the method for determination of dutiable value specified by the customs office according to Point b.2.1.2, Clause 2 of this Article.

Directors of provincial-level Customs Departments shall decide to hold consultation for commodity items on the list of imports with value-related risks of which the declared prices are doubted but not 10% lower than the prices stated in the price database at the time of inspection.

3.2. Form of consultation: Direct consultation

3.3. Competence to hold consultation:

3.3.1. Directors of provincial-level Customs Departments shall hold consultation and take overall responsibility for the effectiveness of consultation at their units.

3.3.2. Based on the actual situation, management capacity and the distances between Customs Branches and a provincial-level Customs Department, the director of the provincial-level Customs Department may decentralize to heads of Customs Branches to hold consultation for commodity items subject to consultation on the condition that the effectiveness of consultation and valuation work at Customs Branches is assured.

3.4. Preparation for a consultation:

3.4.1. The customs declarant concerned shall prepare the dossiers and documents prescribed in Article 12, Circular No. 128/2013/TT-BTC as well as information and data for clarifying the accuracy of the declared price; assign a representative who is competence to decide on contents related to the determination of dutiable value or an entirely authorized person to participate in the consultation according to the time stated in the notice of doubts over the declared price.

3.4.2.The customs office shall arrange time for holding consultation at the request of the customs declarant, and prepare information data for clarifying the doubts.

3.5. Holding a consultation:

Based on the prepared dossiers, documents and data, the enterprise concerned shall demonstrate and explain about the contents related to declaration of factors of the import transaction, declared price and bases and method for determining dutiable value.

The customs office shall clarify doubts about the dossier and declared price. The questions and answers made in the consultation process must be fully and truthfully recorded in the minutes of consultation. Based on the enterprise’s answers and the price data, the customs office shall clearly state whether “the dutiable price complies with the declared price” or “the declared price is rejected”, and concurrently, write the estimated dutiable price in the minutes of consultation. The enterprise shall write its agreement or disagreement on the dutiable price specified by the customs offices in the minutes of consultation. All participants in the consultation must sign the minutes of consultation.

3.6. The time limit for completion of consultation and determination of dutiable value is 30 days from the date of declaration registration.

3.7. Processing of consultation results:

3.7.1. In case the customs declarant agrees on the dutiable price specified by the customs office, the customs office shall clearly write “the declared price is rejected” in the minutes of consultation, issue a notice of the dutiable value and assess duty according to regulations in any of the following cases:

a/ In the course of consultation, the customs office discovers any inconsistencies in procedures and dossiers;

b/ The customs declarant has inaccurately declared contents related to the determination of dutiable value:

b.1/ The customs office, through other professional methods, obtains information affirming that the declared price is inaccurate.

b.2/ Examination results show that the customs declarant has provided inaccurate information or counterfeit documents or unlawful documents.

3.7.2. The customs office clearly writes “the dutiable price complies with the declared price” in the minutes of consultation, issues a notice of the dutiable value, and transfers the dossier, together with doubts for handling according to Article 27 of this Circular in any of the following cases:

a/ The customs office has not yet obtained sufficient grounds for rejecting the declared price or has obtained sufficient grounds for rejecting the declared price but the customs declarant disagrees on the dutiable value specified by the customs office;

b/ The declarant fails to attend the consultation at the right time stated in the notice of doubts over the declared price;

c/ Past the prescribed time limit, the customs declarant still fails to provide information and documents as required in the notice of the customs office.

3.7.3. Apart from the cases specified in Points 3.7.1 and 3.7.2 of this Clause, the  customs office shall calculate tax according to the declared price and issue a notice of dutiable value.

3.7.4. Right after consultation is completed or on the working day following the date of consultation, the provincial-level Customs Department (for cases in which consultation is held by provincial-level Customs Departments) or the Customs Branch (for cases in which consultation is held by Customs Branches) shall issue a notice of dutiable value.

Tax assessment and payment of assessed tax amounts comply with the Ministry of Finance’s Circular No. 128/2013/TT-BTC of September 10, 2013, on customs procedures, customs supervision and inspection; import duty, export duty, and tax administration of imports and exports.

3.8. All documents and dossiers related to the consultation must be preserved together with customs dossiers.

7. To amend and supplement Clause 2, Article 27 as follows:

“Article 27. Post-custom clearance inspection of dutiable value

2. For the post-custom clearance inspection forces:

2.1. Cases subject to inspection:

2.1.1. At customs offices’ head offices: To inspect customs dossiers of imports and exports which have been cleared from customs procedures within 60 days, counting from the date goods are entitled to customs clearance to the date of issuance of the inspection notice, specifically:

a/ Imports and exports on the list of those subject to risk management in terms of value-related doubts, which are not subject to consultation as prescribed in Articles 22 and 24 of this Circular;

b/ Imports and exports outside the list of those subject to risk management in terms of value-related doubts.

2.1.2. At enterprises’ head offices:

a/ To conduct post-customs clearance inspection in cases subject to post-customs  clearance inspection, which are transferred from customs offices; cases involving doubts about dossiers, document or declared prices, which are transferred from professional units; cases in which consultation has been held but there remain doubts about dossiers and declared prices, which are transferred from consultation units;

b/ To conduct post-customs clearance inspection according to plans so as to appraise the observance of law by enterprises;

c/ To conduct post-customs clearance inspection in cases of showing signs of value-related violations, which are detected through post-customs clearance inspection, or due to assessment of the risk levels based on commodity items, importers or exporters;

d/ To conduct post-customs clearance inspection of value as directed by heads of superior customs offices.

2.2. Inspection principles: To apply the risk management method to select subjects, scope, contents and forms of inspection.

2.3. Inspection of value:

2.3.1. Inspection of value of exports:

2.3.1.1. Inspection at customs offices’ head offices:

a/ Inspection contents: To comply with Clause 1, Article 22 of this Circular.

The inspection shall focus on clarifying doubts about the dossiers and declared prices. The inspection contents must be fully and truthfully recorded in an inspection minutes.

When the inspection is completed, based on the working contents between the customs office and the enterprise, the enterprise’s explanations, and price information and data, inspectors (at least 2 persons) shall make an inspection minutes. In case the enterprise refuses to sign the inspection minutes, the person making the inspection minutes  must clearly record the reason.

b/ Handling of inspection results:

b.1/ The dutiable value of imports or exports shall be rejected if, after conducting inspection, the custom office detects one of the following violations:

b.1.1/ There are inconsistencies in dossiers or documents such as inconsistencies in the contents of the goods sale and purchase contract to documents in the customs dossier; or between the customs dossier and related dossiers and documents;

b.1.2/ The customs dossier and documents are unlawful;

b.1.3/ The customs office, through professional methods, obtains information affirming that the declared price of exports is inaccurate;

b.1.4/ Past the prescribed time limit for explanation, the enterprise still fails to show up for explanation, fails to explain or cannot explain about doubts of the customs office (for example, the accuracy of the dossier, reasonability of the declared price and prices of identical or similar exports; or inconsistencies between the enterprise’s explanation and its customs dossier);

b.1.5/ Past the prescribed time limit, the enterprise still fails to provide or provides insufficiently dossiers and documents required by the customs office.

b.2/ The customs office shall base on the principles and methods for determining dutiable value specified in Decree No. 40/2007/ND-CP and Circular No. 205/2010/TT-BTC and the latest information among those defined in Clause 2 (except Point 2.1.8), Article 21 of this Circular, counted up to the date of registration of export declarations for goods subject to valuation,  to determine the dutiable value. The determined price must not be lower than the reference price provided in the list of exports with value-related risks. In case two or more dutiable prices of identical or similar exports can be determined at the same time, the identical or similar exports’ declared prices are compared with the lowest dutiable price after being converted to the same purchase and sale condition.

b.3/ To accept the enterprise’s declared value if the inspection results do not fall under the cases specified in Item b.1 of this Point.

If there remain doubts over the declared prices or dossiers and documents, or in case the enterprise still disagrees on inspection results of the customs office, post-customs clearance inspection shall be carried out at the enterprise’s head office.

2.3.1.2. Inspection at enterprises’ head offices

a/ Inspection contents

Based on the obtained dossiers, documents and information, post-customs clearance inspection forces shall require enterprises to provide related documents, explain and clarify contents related to declaration of the price of exports:

a.1/ To compare the declared price with the preference price provided in the list of exports with value-related risks;

a.2/ To examine the consistency in contents of the goods purchase and sale contract;

a.3/ To examine the consistency between documents in the customs dossier, between the customs dossier and related documents (such as accounting documents, documents provided by other organizations and individuals, and documents collected by the customs office).

b/ Handling of inspection results:

b.1/ To reject the dutiable value if the customs office, through inspection, detects one of the following violations:

b.1.1/ The contents of the goods sale and purchase contract is inappropriate;

b.1.2/ There are inconsistencies in dossiers and documents such as inconsistencies between the contents of documents in the customs dossier, and inconsistencies between the customs dossier and related dossiers and documents;

b.1.3/ The customs dossier and documents are unlawful;

b.1.4/ The customs declarant fails to provide or provides insufficiently dossiers and documents at the request of the customs office in the course of inspection.

b.2/ The customs office shall base on the principles and methods for determining dutiable value specified in Decree No. 40/2007/ND-CP and Circular No. 205/2010/TT-BTC and the latest information among those defined in Clause 2 (except Point 2.1.8), Article 21 of this Circular, counting up to the date of registration of export declarations for goods of which the value is being determined,  to determine the dutiable value. The determined price must not be lower than the reference price provided in the list of exports with value-related risks. In case two or more dutiable prices of identical or similar exports can be determined at the same time, the identical or similar exports’ declared prices are compared with the lowest dutiable price after being converted to the same purchase and sale condition.

2.3.2. Inspection of value of import:

2.3.2.1. Inspection at the customs office’s head offices:

a/ Inspection contents

Based on available dossiers, documents and information, the post-customs clearance inspection forces shall request the enterprise to provide related vouchers and documents and explain, and clarify contents related to the declared value such as factors of the import transaction, the declared price and method for determination of dutiable value used by such enterprise.

The inspection focuses on clarifying doubts about the dossier and declared price. The inspection contents must be fully and truthfully recorded in an inspection minutes.

When the inspection is completed, based on the working contents between the customs office and the enterprise, the enterprise’s explanations, and price information and data, inspectors (at least 2 persons) shall make an inspection minutes. In case the enterprise refuses to sign the inspection minutes, the minutes maker must clearly record the reason.

b/ Processing of inspection results:

b.1/ To reject the declared price and determine dutiable value in the following cases:

b.1.1/ The custom office detects inconsistencies in customs procedures and dossiers prescribed at Point 2, Clause 2, Article 24 of this Circular in the course of inspection;

b.1.2/ The enterprise has made inaccurate declarations about the determination of dutiable value;

b.1.2.1/ The exporter or the exporter’s representative obtains information affirming that the declared price does not suit the actual sale and purchase transaction;

b.1.2.2/ The customs office, through professional methods, obtains information affirming that the transaction price is inaccurate;

b.1.2.3/ Examination results show that the enterprise has provided inaccurate information or counterfeit or unlawful documents.

b.1.3/ The enterprise fails to explain or cannot explain about the accuracy of contents related to the determination of dutiable value:

b.1.3.1/ Past the prescribed time limit, the enterprise still fails to show up for explanation;

b.1.3.2/ Past the prescribed time limit, the enterprise still fails to provide or provides insufficiently information and documents as required in the customs office’s notice;

b.1.3.3/ The enterprise fails to explain or cannot prove doubts of the customs office (such as the reasonability of the dossier and declared price; or special relationship which may affect the transaction value; inconsistencies between the enterprises’ answers and its customs dossier; inconsistencies in the dossier and documents declared or presented by the enterprise; and the consistency between the declared price with the price of the identical or similar commodity items in the price database).

The customs offices shall apply the methods for determination of dutiable value specified in Articles 13 thru 19, Section II, Chapter II of Circular No. 205/2010/TT-BTC.

b.2/ To accept the value declared by the enterprise if the inspection results do not fall into the cases specified in Item b.1 of this Point.

b.3/ If there remains doubts over the declared price or dossiers and documents or in case the enterprise still disagrees with the inspection results of the customs office, the post-customs clearance inspection shall be carried out at the enterprise’s head office.

2.3.2.2. Inspection at enterprises’ head offices

a/ Inspection contents:

a.1/ To inspect the accuracy of the declared contents: To inspect items in the customs declaration and value statement such as names of goods and calculation units. Such inspection complies with Point a, Clause 1, Article 24 of this Circular;

a.2/ To inspect the accuracy of the dossier such as arithmetic calculations, the consistency of documents in the customs dossier, between the customs dossier and accounting dossier, between the customs dossier and documents related to the determination of dutiable value (such as accounting documents, documents provided by other organizations and individuals, documents collected by the customs offices);

a.3/ To inspect the accuracy of the payment for the imports such as  payments indicated in accounting and banking vouchers and the contract, commercial invoices and other payments;

a.4/ To inspect the observance of the principles and methods for determination of dutiable value, conditions for, and order of application of the methods  used to determine the declared value;

a.5/ To inspect and compare the declared price with the price data at the time of inspection and to the declared prices of identical or similar commodity items already accepted by customs offices;

a.6/ To inspect other arising matters.

b/ Handling of inspection results: To comply with Point a, Clause 2, Article 24, and Items b1 and b2, Point 2.3.2.1 of this Article;

c/ The customs office shall apply the methods for determination of dutiable value prescribed in Articles 13 thru 19, Item II, Chapter II of Circular No. 205/2010/TT-BTC.

Post-customs clearance inspection of the value of imports and exports complies with the regulations on post-customs clearance inspections and determination of dutiable value.”

8. To replace phrases and forms provided in Circular No. 205/2010/TT-BTC as follows:

8.1. For exports: To replace the phrase “the list of exports subject to price-related risk management by provincial-level Customs Departments” by “the list of exports with value-related risks”;

8.2. For imports: To replace the phrase: “the list of imports subject to price-related risk management by provincial-level Customs Departments” and “the  list of imports subject to price-related risk management by the General Department of Customs”  by “the list of exports with value-related risks”;

8.3. To replace forms No. 1, 2 and 4 promulgated together with Circular No. 205/2010/TT-BTC by forms No. 1, 2 and 4 promulgated together this Circular and apply them to both imports and exports.

Article 2.Implementation organization

1. This Circular takes effect on April 12, 2014.

To annul Article 26, Point 2.2, Clause 2, Article 10 of Circular No. 205/2010/TT-BTC and form No. 3 promulgated together with Circular No. 205/2010/TT-BTC.

2. The time limit for duty payment specified in Clause 2, Article 4; Clause 1, Article 11; Points 1.2.5.4 and 1.2.6, Clause 1, Article 14 of Circular No. 205/2010/TT-BTC of December 15, 2010, complies with Article 20 of Circular No. 128/2013/TT-BTC of September 10, 2013; the prior determination of customs value of imports and exports complies with the Law Amending and Supplementing a Number of Articles of the Law on Tax Administration, Decree No. 83/2013/ND-CP of July 22, 2013, and Circular No. 128/2013/TT-BTC of September 10, 2013.

3. Examples referred to in this Circular only demonstrate prescribed specific situations.

4. Customs offices, customs declarants, duty payers and related organizations and individuals shall carry out the inspection and determination of dutiable value as prescribed in Decree No. 40/2007/ND-CP of March 16, 2007, Circular No. 205/2010/TT-BTC of December 15, 2010 and this Circular. Any problems arising in the course of implementation should be reported to the Ministry of Finance (via the General Department of Customs) for consideration and guidance.-

For the Minister of Finance
Deputy Minister
DO HOANG ANH TUAN