Vietnam: Obligations of customs declarants in customs valuation

According to Article 3 of Circular No. 60/2019/TT-BTC of the Ministry of Finance of Vietnam, rights and obligations of customs declarants; responsibilities and competencies of customs authorities are amended as follows:

- Customs declarants shall declare and carry out customs valuation themselves according to the rule and methods for customs valuation prescribed in the Law on Customs No. 54/2014/QH13 dated June 23, 2014 of Vietnam, Decree No. 08/2015/ND-CP dated January 21, 2015 by Vietnam’s Government providing specific provisions and guidance on enforcement of the customs law on customs procedures, examination, supervision and control procedures and Decree No. 59/2018/ND-CP dated April 20, 2018 on amendments to some Articles of the Decree No. 08/2015/ND-CP and Circular No. 60/2019/TT-BTC;

- Customs declarants shall take legal responsibility for the accuracy and honesty 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 declarants shall take legal responsibility for customs supervision and inspection, export duty, import duty, and tax administration applied to exports and imports and this Circular; take advices to resolve the doubts of customs authorities relating to declared value; 

- Customs declarants shall request customs authorities to make a written notification of customs value, basis and methods for customs valuation in case the customs value is determined by customs authorities.

Responsibilities and competences of customs authorities are specified as follows:

Competences: When inspecting 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 honesty of the declared value.

Responsibilities: Customs authorities shall determine the customs value in the following cases:

- The customs declarant could not determine the customs value by using the methods prescribed in Circular No. 60/2019/TT-BTC;

- There is enough evidence/basis to reject the declared customs value;

- There is evidence to conclude that the declarant’s declared customs value is unsuitable.

Customs authorities shall determine customs value based on the rules and procedures for applying valuation methods, customs value databases and related documents prescribed in Circular No. 60/2019/TT-BTC and promulgate a written notification of customs value in compliance with the form No. 04/TGHQ in Appendix II enclosed with this Circular. 

Moreover, customs authorities shall carry out inspection and process discounts within 05 business days starting from the date of receipt of the complete dossier as prescribed in Point d, Clause 2 of Article 15 of Circular No. 39/2015/TT-BTC.

View details at Circular No. 60/2019/TT-BTC of the Ministry of Finance of Vietnam, effective from October 15, 2019.

Thu Ba

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