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blue-check Notes upon declaration of import value

Official letter No. 895/TCHQ-TXNK dated February 24th, 2021 of the General Department of Vietnam Customs regarding determination of customs value
VietlawOnline

Relating to value of imported goods, the General Department of Vietnam Customs notes that enterprises have to declare payable actual price at the first importing checkpoint in accordance with Clause 4 Article 1 of Circular No. 60/2019/TT-BTC . Read more

In addition, enterprises need to present all documents to prove that the declared value is the actual payment price (Clause 14 Article 1 of Circular No. 39/2018/TT-BTCstatus2 ).

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blue-check Regarding fine imposed on false declaration of exported goods’ value

Official letter No. 121/TCHQ-PC dated January 12th, 2021 of the General Department of Vietnam Customs regarding issues relating to sanctions on administrative violations
VietlawOnline

According to Clause 5 Article 7 of Decree No. 127/2013/ND-CPstatus1 (amended at Decree No. 45/2016/ND-CPstatus1 ), the declaration of false name, quantity, weight, or value of goods for exported, except for those that are processed products, domestic exports, exports of export processing enterprises and temporarily imported goods shall be imposed a fine of from VND 20,000,000 to VND 40,000,000. Read more

However, if an enterprise belongs to cases entitled to make additional declaration to customs documentation within the time limit as prescribed by laws, it shall not be imposed sanction on administrative violation (Clause 3 Article 5 of Decree No. 127/2013/ND-CPstatus1 , amended at Decree No. 45/2016/ND-CPstatus1 ).

The determination of “the first offence” considered to be an extenuating circumstance of sanction is guided at Article 3 of Circular No. 155/2016/TT-BTCstatus1 .

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blue-check [Merged] - Law on Prices

Merged Document No. 19/VBHN-VPQH dated July 15th, 2020 of Office of the National Assembly on the Law on Prices

This document is to merge the amendments, supplements of Law No. 61/2014/QH13 dated November 21st, 2014 and the Law on Public - Private Partnership Investment No. 64/2020/QH14 64/2020/QH14 dated June 18th, 2020 into the Law on Prices No. 11/2012/QH13status2 dated June 20th, 2012.

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blue-check [Merged] - Gudelines on determination of taxable value of imports, exports

Merged Document No. 21/VBHN-BTC dated April 23rd, 2020 of the Ministry of Finance on customs value of exported goods and imported goods

This document is to merge the amendments, supplements of Circular No. 60/2019/TT-BTC dated August 30th, 2019 into Circular No. 39/2015/TT-BTCstatus2 dated March 25th, 2015 of the Ministry of Finance on customs value of exported goods and imported goods.

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blue-check Price range for other irrigation services

Circular No. 09/2020/TT-BTC dated February 18th, 2020 of the Ministry of Finance on price range for other irrigation products and services

This Circular promulgates the price range for other irrigation services, including: Read more

- Water supply for domestic and industrial purposes;

- In combination with electricity generation;

- In combination with traffic (using locks and culverts in combination with water traffic);

- Water supply for industrial zones including industrial factories, export-processing zones, economic zones and high-tech zones.

This Circular takes effect from April 3rd, 2020.

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blue-check List of 2020 price indices used for calculating statistical indicators at constant prices

Circular No. 13/2019/TT-BKHDT dated December 31st, 2019 of the Ministry of Planning and Investment on considering 2020 as the base year for calculating statistical indicators at constant prices

This Circular is to promulgate List of 2020 price indices used for calculating statistical indicators at constant prices. Read more

This Circular takes effect from February 15th, 2020 and replaces Circular No. 02/2012/TT-BKHDTstatus1 dated April 4th, 2012.

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blue-check Issues relating to declaration of value of imported machinery, equipment

Official letter No. 7837/TCHQ-TXNK dated December 18th, 2019 of the General Department of Vietnam Customs regarding determination of imported machinery, equipment
VietlawOnline

Relating to the determination of customs value upon importing machinery, equipment with control software the General Department of Vietnam Customs has these opinions: Read more

- With regard to customs declaration forms registered from October 15th, 2019 (the date on which Circular No. Circular No. 60/2019/TT-BTC takes effect) enterprises shall determine and declare customs value in accordance with Clause 5 Article 1 of Circular No. 60/2019/TT-BTC.

- With regard to customs declaration forms registered before October 15th, 2019, enterprises shall determine customs value in accordance with Clause 4 Article 6 of Circular No. 39/2015/TT-BTCstatus2 . Accordingly, if it is required to add value of software to value of imported machinery, equipment but the enterprises have not yet done, they have to make additional declaration. If documents, papers are not enough to determine whether value of the software is added to value of the machinery, equipment, customs authorities shall conduct the post-customs clearance inspection in order to determine tax, late payment interests, fines (if any).

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blue-check How to determine taxable value of exported goods

Official letter No. 7486/TCHQ-TXNK dated December 2nd, 2019 of the General Department of Vietnam Customs regarding determination of customs value of exported goods
VietlawOnline

According to Article 4 of Circular No. 39/2015/TT-BTCstatus2 (which has been amended, supplemented at Clause 3 Article 1 of Circular No. 60/2019/TT-BTC), customs value of exported goods is the selling price of goods at exporting checkpoint exclusive of international insurance cost (I) and international freight cost (F). Read more

In which, the selling price of goods at exporting checkpoint is the price agreed in the sale contract or commercial invoices and related expenses calculated at the exporting checkpoint (if such expenses have not yet included in the selling price of the goods).

Regarding the allocation of adjusted amounts, VNACCS/VCIS does not automatically allocate adjusted amounts on the export declaration, therefore enterprises shall manually allocate and take responsibility for the accuracy, truthfulness of the contents declared by themselves.

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blue-check New guidance on determination of cost of labor constituting prices of public services

Circular No. 17/2019/TT-BLDTBXH dated November 6th, 2019 of the Ministry ofLabour, Invalids and Social Affairs guidance on determination of cost of labor constituting prices of public products and services supplied by enterprises with funding from state budget

This Circular provides guidance on determination of the cost of labor constituting prices of public utility products and services prescribed in Appendix II and prices of public non-business services prescribed in Table 02 in Appendix I enclosed with the Government's Decree No. 32/2019/ND-CP dated April 10th, 2019. Read more

This Circular takes effect from December 12th, 2019 and replaces Circular No. 26/2015/TT-BLDTBXH dated July 14th, 2015.

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blue-check Amendments to methods for determination of customs value

Circular No. 60/2019/TT-BTC dated August 30th, 2019 of the Ministry of Finance on amending a number of Articles of the Circular No. 39/2015/TT-BTCstatus2 dated March 25, 2015 by the Minister of Finance on customs value of exported goods and imported goods
VietlawOnline

This Circular is to amend, supplements to methods for and rules of determination of customs value of imported/exported goods. Read more

In which, with regard to exported goods, this Circular supplements guidelines on methods for determination of selling price in each case such as selling price of goods at exporting checkpoint; selling price of identical/similar goods; selling price of exported goods without sale contracts and commercial invoices, etc.

With regard to imported goods, this Circular amends the guidelines on determination of customs value according to transaction value method; deductive method and conditions for addition or deduction of royalty, license fee.

Under the new regulations, in case exported goods are not delivered to exporting checkpoint but they are delivered in Vietnam’s inland area, customs value must be added expenses related to transportation of exported goods from place of delivery to exporting checkpoint (including expenses of goods consolidation, rent of warehouses and storage yards, goods loading and unloading during the whole delivery period); costs of insurance for exported goods and other costs related to exported goods incurred during transportation from place of delivery to exporting checkpoint.

If imported goods are machines/equipment imported together with operating system, the customs value is the transaction values of such machines/equipment and operating system.

With regard to imported exempt from duties then the goods’ use purposes are changed in order to be destroyed, enterprises may themselves declare customs value as the basis for duty calculation and payment.

Regarding imported rented/borrowed goods, the customs value also include other expenses that the renter/borrower must pay at the first importing checkpoint.

This Circular takes effect from October 15th, 2019.

To abolish Clause 15 Article 1 of Circular No. 39/2018/TT-BTCstatus2 dated April 20th, 2018.

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