VCN- The General Department of Vietnam Customs has decided to punish the administrative violation for Viettel Group with more than 59 million vnd for the act of not sufficiently declaring the CIC (the Container Imbalance Charge) into Taxable value leading to insufficient tax.
Previously, the General Department of Vietnam Customs issued many dispatches to direct the provincial and city Customs and enterprises on calculation of the CIC which is an addition to the Customs value.
According to the analysis of the General Department of Vietnam Customs, under Article 5 Circular 39/2015/TT-BTC stipulated that the Customs value is the buying price of goods at the first import checkpoint, and determined according to the methods provided in Clause 2 of this Article. Along with that, under the regulations in Clause 1, Article 13 of Circular 39, additions can be made only if the following conditions are satisfied: These additions shall be paid by the buyer and have not been included in the price actually paid or payable; these additions shall be related to imported goods; there shall be objective and quantifiable data conforming with relevant documents.
Besides, the provisions on the transaction value method under Article 6 Circular 39/2015/TT-BTC regulated: Transaction value is the price actually paid or payable for imported goods after being adjusted according to the provisions of Articles 13 and 15 of this Circular.
Under Point g1, Clause 2, Article 13 of Circular 39/2015/TT-BTC detailed: Transportation costs and any costs relating to the transportation of imported goods to the first import checkpoint are to be added to the import value.
Accordingly, the sub-charge of CIC related to the transportation of imported goods meets the conditions of additions and is considered as additional adjustment.
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VCN - In the meeting with leaders of Customs Sub-department and other divisions, on October 31st 2016, ...
It is acknowledged that, the business has right to appeal against the punishment decision within 90 days from the date of receiving the punishment decision or 1 year from the date of receiving the punishment decision and the business has right to prosecute the administrative case at Court as per provisions of law.
By Thu Trang/Hoang Loan