Who are subject to customs value declaration in Vietnam?

Who are subject to customs value declaration in Vietnam? (Internet image)

1. What is customs value?

According to Clause 24, Article 4 of the Law on Customs 2014, customs value means the value of imported or exported goods used for duty calculation and customs statistics.

In addition, according to Article 86 of the Law on Customs 2014, the customs value is as follows:

- Customs value is used as a basis for the calculation of import and export duties and making of statistics on imported and exported goods.

- Customs value of exported goods means selling prices of such goods when they arrive at border checkpoints of exportation, excluding international insurance cost and freight.

- Customs value of imported goods means payable actual prices determined when they arrive at the first border checkpoint of importation in compliance with Vietnamese law and treaties to which the Socialist Republic of Vietnam becomes a party.

2. Subjects of customs value declaration in Vietnam

Subjects declaring customs value according to Article 18 of Circular 39/2015/TT-BTC, imported goods are subjected to customs value declaration, unless:

- 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;

- Goods that are imported in the form of importing raw materials for the manufacture of exported goods;

- Goods that are eligible for the  transaction value-based method prescribed in clause 3 Article 6 of Circular 39/2015/TT-BTC and have information declared sufficiently in the declaration of imported goods of Vietnam Automated Cargo And Port Consolidated System and such system determines the customs value automatically;

- Goods that are imported without sale contract or commercial invoice.

3. The form of customs value declaration sheet in Vietnam

The latest form of customs value declaration sheet according to Article 19 of Circular 39/2015/TT-BTC stipulates as follows:

- The form for customs value declaration according to the transaction value of the imported goods is prescribed in Article 6 of Circular 39/2015/TT-BTC: The Form HQ/2015-TG1 and the instructions in Appendix III.

Appendix III

- The form for customs value declaration using the methods prescribed in Articles 8 to 12 of Circular 39/2015/TT-BTC: The Form HQ/2015-TG2 and the instructions in Appendix III.

Appendix III

4. Principle of customs value declaration in Vietnam

Principle of customs value declaration according to Article 20 of Circular 39/2015/TT-BTC are as follows:

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

- The customs value declaration sheet 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 sheet 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.

5. Predetermination of HS codes, origin and customs value of goods in Vietnam

According to Article 28 of the Law on Customs 2014, pre-determination of customs codes, origins and customs values ​​is as follows:

- In case customs declarants request customs authorities to predetermine HS codes, origin and customs value of goods to be imported or exported, they shall provide relevant information and documents and samples of goods to be imported or exported to customs authorities for predetermination of HS codes, origin and customs value of goods.

In case of failure to provide samples of goods to be imported or exported, customs declarants shall provide technical documents related to such goods.

- According to regulations of law on good classification, origin and customs value and relevant information and documents provided by customs declarants, the Customs authorities shall predetermine HS codes, origin, and customs value of goods and notify in writing customs declarants of results of predetermination.

In case of failure to predetermine at the request of customs declarants, customs authorities shall notify such to customs declarants or request customs declarants to provide additional documents.

- Within 60 days after receiving notices of predetermination results, if customs declarants disagree with such results, they may request customs authorities to reconsider such results.

Customs authorities shall reconsider predetermination results and notify them to customs declarants within regulated time limit.

- Notices of predetermination results are legally valid for customs authorities to carry out customs formalities for goods are imported or exported in conformable with relevant information and documents and goods samples provided by customs declarants.

Quoc Dat

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