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Many issues on Customs valuation will be revised in Decree 08

08:10 | 11/08/2017

VCN- Issues related to valuation methods; examination of Customs value during the Customs clearance process; or Customs valuation for statistical purposes will be included in the draft Decree amending and supplementing Government’s Decree 08/2015 / ND-CP, thereby removing obstacles to practice.

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many issues on customs valuation will be revised in decree 08
Customs operations at the Ha Tay Customs Branch. Photo: Ngoc Linh.

Additional sources of Customs valuation

One of the contents to be amended are the principles and methods of Customs valuation, specifying the cases to be defined as export border gates; and adding sources of Customs valuation information. According to the drafting committee, Article 20 of Decree 08/2015 / ND-CP stipulates Customs valuation is the selling price of goods to the export border gate, excluding international insurance and transport costs. However, Decree No. 08/2015 / ND-CP has not clearly defined the concept of "export border gate", leading to problems in implementation in case of registration of enterprises under FAS, EXW, FCQ. Accordingly, Customs officers have no specific basis to determine exactly what expenses related to export goods to export border gates, so it is necessary to revise Clause 1 of Article 20 stipulating the cases which are identified as export border gates.

In addition, in Customs valuation methods, additional sources of information will be provided to determine the value of exported goods. According to the regulations on the selling price of goods to the border gate of export, in addition to the way to determine it in accordance with the price stated in the contract of sale, as well as the price of the identical goods, it is currently specified in the Circular 39/2015 / TT-BTC and sources of information, vouchers and documents collected by Customs. Therefore, the draft Decree will add more information source for valuation of exported goods to ensure the legal status in the implementation.

Currently, the drafting committee is proposing two options in principle, methods of Customs valuation. Option 1: For exported goods: Customs value of exported goods is the selling price of goods at the export border gates, excluding international insurance premiums and international transportation charges, according to the plans. "The selling price of goods to the export border-gate is the sale price inscribed on the goods purchase and sale contract, commercial invoice and related expenses suitable to the exported goods. In the case where there are grounds to determine the declared value unsuitable, the Customs office shall determine the customs value in the following order: ... ".

Option 2 was drafted to add the concept of export border gate in addition to the above content. "Export gate is defined as follows: For sea transport mode, air way, the export border gate is the port on the Customs declaration; for models of railway transportation, export border gates are international railway stations on the border; for land and river transport modes, border gates of exportation are border gates where goods are transported out of the Vietnamese territory ".

Customs value for statistical purposes

Regarding the issue of examination of Customs valuation during the Customs procedures, many contents will be amended to facilitate enterprises and clearly define the responsibilities of Customs. According to the drafting committee, the amendment will ensure that enterprises will shorten the valuation time, help enterprises take initiative in their business plan and not be liable to late payment for high margin valuation; the tax revenues will be also faster, without affecting the State budget revenue plan and does not generate late payments and bad debts; clearing the profession between the stage of customs clearance and Customs post-clearance, clearly defining the responsibility of the stage in the inspection and determination of value, without losing much resources when implementing.

Specifically, in order to ensure the legal basis for the Customs office to perform both during and after Customs clearance, the drafting committee proposed to add one more thing about the competence of consultation. At the same time, adding clarification of the meaning of the phrase “enterprises are ranked 6” (high-risk enterprises), and “enterprises are ranked 7” (new entrants within 365 days), and determining the processing time of 5 working days to ensure processing time for enterprises and Customs. In addition, the issue of inspections and valuation in Article 21 of Decree No. 08/2015 / ND-CP will be separated into Customs valuation examination in the course of Customs procedures; and the authority to determine the value of the Customs office and regulations on tax rates.

many issues on customs valuation will be revised in decree 08 Consultation for draft revised Decree 08/2015 / ND-CP

VCN - On July 18th, 2017 in Ho Chi Minh City, the Deputy Director General of Vietnam ...

Regarding Customs valuation, a new content that will be included in the draft Decree is Customs valuation for statistical purposes. According to the drafting committee, there are currently no regulations related to this content. However, in fact, import and export statistics have played an increasingly important role in the management and administration of the economy of the Government, the Ministry of Finance as well as the management of Customs operations. Accurate information on the value of goods is very important, directly affecting the quality of statistical data, the trade balance and the calculation of Customs revenues. Therefore, it is necessary to clearly define the responsibilities of Customs declarants in fully declaring the Customs value of export and import goods.

By Ngoc Linh/ Hoang Anh