This Decision promulgates the Regulations on the construction, management, and use of price databases within the Customs sector to ensure the accuracy and timeliness of price information. The regulated entities are officials and civil servants engaged in pricing work at Port Customs Branches, Provincial/City Customs Departments, and the General Department of Customs.
Đối tượng áp dụng
Officials and civil servants engaged in pricing work at Port Customs Branches, Provincial/City Customs Departments, and the General Department of Customs.
Các điểm cốt lõi
- Port Customs Branches and equivalent units, Provincial/City Customs Departments, and the General Department of Customs are the entities responsible for collecting, updating, exploiting, and using price databases.
- The price database includes information from import documents, other sources, risk management lists regarding prices, and compliance with laws by enterprises.
- Information within the price database must be exchanged and provided among departments as prescribed; it is strictly prohibited to provide such information outside the Customs sector without permission from unit leadership.
- The price database is used to check, verify the reliability, authenticity, and accuracy of declared values; to assist in determining the taxable value of imported goods.
- Managing the price database involves collecting, updating, managing information, securing information, and transmitting/receiving data in accordance with regulations.
🌐 Tác động xã hội từ văn bản này
- Positive impacts include enhancing the effectiveness of declared value verification work and determining the taxable value of imported goods.
- Negative impacts may include technical and time burdens for Customs sector units when implementing these regulations.
❓ Câu hỏi thường gặp
What information does the price database include?
The price database includes information from import documents, other sources, risk management lists regarding prices, and compliance with laws by enterprises.
Who is permitted to exploit and use the price database?
Officials and civil servants engaged in pricing work at Port Customs Branches, Provincial/City Customs Departments, and the General Department of Customs.
What are the provisions regarding the security of the price database?
Officials and civil servants updating data into the system must have unique identification numbers and specific permissions. Access rights to the system program must be clearly defined. Daily updates from Customs units at the end of each day or shift must be stored as backup copies.
How is the price database used?
The price database is used to check, verify the reliability, authenticity, and accuracy of declared values; to assist in determining the taxable value of imported goods.
What is the process for collecting information in the price database?
Information from import documents is updated according to the provisions at point a, section 1, part II. Other information is collected, verified for reliability, and then updated into the system.
Toàn văn
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MINISTRY OF FINANCE ------------ |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
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Number: 1102/QĐ-BTC |
Hanoi, May 21, 2008 |
Pursuant to …;
On the construction, management, and use of price databases
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THE MINISTER OF FINANCE
Pursuant to the Law on Export Duties and Import Duties No. 45/2005/QH11 dated June 14, 2005;
Pursuant to the Law on Customs No. 29/2001/QH11 dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Law on Customs No. 42/2005/QH11 dated June 14, 2005;
Pursuant to Article 6 of the Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government on the construction, management, and use of price databases;
Pursuant to Circular No. 40/2008/TT-BTC dated May 21, 2008 of the Ministry of Finance guiding Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government;
At the proposal of the Director General of the General Department of Customs;
DECISION:
Article 1. Issued herewith with this Decision is the Regulation on the construction, management, and use of price databases.
Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. The Heads of the Customs Departments of the Provinces and Cities, and the Heads of units under the General Department of Customs shall be responsible for implementing this Decision./.
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Place of Receipt: - As Article 2; - Official Gazette; - Ministry of Finance website; - Units under and affiliated with the Ministry of Finance; - To be filed with VT, TCHQ(3b). |
DEPUTY MINISTER DEPUTY MINISTER
(Signed)
Do Hoang Anh Tuan |
|
MINISTRY OF FINANCE --------- |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ------------------------------------- Hanoi, May 21, 2008 |
REGULATIONS
CONSTRUCTION, MANAGEMENT, AND USE OF PRICE DATABASES
(Issued together with Decision No.: 1102/QD-BTC dated May 21, 2008 of the Minister of Finance)
This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.
1. A price database includes all information related to the verification and determination of declared customs value provided by the declarant to the Customs authority or collected by the Customs authority concerning exported and imported goods, managed and used internally within the Customs sector to serve the verification of declared values and the determination of taxable values for exported and imported goods, including:
a) Information from import documents: These are available sources of information reflected on the import consignment documents reported by the importer or performed by the Customs authority at the time of clearance and post-clearance stages:
- Declaration data on the import declaration form;
- Declaration data on the valuation declaration form;
- Data on foreign trade contracts, invoices, payment documents, and other documents related to value;
- Detailed information about goods;
- Results of determining taxable value;
- Results of value verification;
- Results of price consultation;
- Results of price adjustment;
- Results of price re-examination;
- Results of complaint handling;
- Results of post-clearance inspection;
- Results of inspection and value verification.
b) Information from other sources: These are data sources not included in the import consignment documents provided by the importer, collected by the Customs authority, or provided by other relevant agencies and verified for reliability, including:
- Information from appraisal organizations and agencies;
- Information from export offers from exporters;
- Information from authorized price bulletins;
- Domestic market selling prices;
- Information from industry associations;
- Internet, magazines, books and newspapers;
- Information from domestic tax authorities;
- Information from anti-smuggling investigation agencies;
- Information from agencies and organizations such as commercial attachés, banks, police, etc.;
- Information from Customs authorities of other countries, regional and international Customs organizations.
c) Information from risk management lists regarding prices: Including price information of certain key products and groups of products with high potential for trade fraud. This price information is built based on analysis and synthesis from existing sources of information and data in import documents and other sources of information and data collected by the Customs authority.
d) Information on compliance with laws by enterprises: Including sources of information related to the situation of enterprises' compliance with declaration and valuation systems, number of violations and severity of violations compiled and analyzed by the Customs authority on the risk management system.
2. Price data must be collected, updated fully, promptly, and accurately according to a unified system, stored centrally at the General Department of Customs' data center, and provided for exploitation and use by Customs units.
3. The subjects collecting, updating, exploiting, and using the price database are officers and civil servants working in valuation at:
- Customs Branches at border gates and equivalent units;
- Provincial and City Customs Departments;
- Ministry of Trade.
4. Units that update, exploit, and use the price database must assign access rights and passwords to each officer and civil servant according to their functions and tasks assigned by leadership.
5. The exchange and provision of information within the price database between departments within the unit must be decided by the unit's leadership and must comply with confidentiality and system management principles. Strictly prohibit providing information outside the Customs sector without permission from the unit's leadership.
II. CONTENT ON THE COLLECTION, UPDATE, EXPLOITATION, AND USE OF THE PRICE DATABASE.
1. Methods of collecting information sources
a) For information from import documents:
Information collection must be based on documents, files, certificates submitted by enterprises when processing import procedures and results of inspections, valuation determinations, consultations, price adjustments, post-clearance inspections,...performed by the Customs authority during the clearance and post-clearance stages, recorded and reflected on the import consignment documents or related certificates.
The method of collecting information from this source is specifically stipulated in Section 1 of the Appendix attached to this Regulation.
b) For other information sources:
Information collection must be based on pricing documents, internet search results, survey results...provided by enterprises and relevant agencies according to the requirements of the Customs authority or collected independently by the Customs authority during the process of verifying and determining taxable values after being assessed for reliability and used for comparison and verification of declared values.
The method for collecting this source of information is specifically provided in Section 2 of the Appendix attached to this Regulation.
c) For information sources from the list of price risk management:
c.1) The General Customs Department shall base on actual conditions and the possibility of commercial fraud to announce goods categories under the price risk management list at different stages.
c.2) The Provincial/City Customs Departments shall base on the list of goods announced by the General Customs Department to establish inspection prices based on the consolidation of various information sources from import documents and other information sources to support the work of declared value verification, consultation, and determination of value for goods under the price risk management list, while reporting to the General Department for compilation and issuance for nationwide application.
The methods for collecting, analyzing, building, and using the price risk management data list are specifically provided in Section 3 of the Appendix attached to this Regulation.
d) For information sources regarding compliance with business laws:
On a monthly basis, the information collection, analysis, and processing unit of the risk management system provides information to the value assessment unit at the same level about enterprises that violate during the declaration and determination of value processes to take measures to strengthen value inspection work during clearance procedures for these enterprises.
2. Scope and methods for updating information sources in the price database.
a) Scope of updates:
a.1) For Customs Sub-Departments:
- Update all available information on import documents according to point a, Clause 1, Part I immediately into the price database on the same day.
- Update other information sources outside import documents according to point b, Clause 1, Part I immediately into the price database after the information is collected and verified for reliability.
a.2) For Customs Departments:
- Update information from inspection results immediately into the price database after implementation, including:
+ Inspection results of declared value;
+ Price consultation results;
+ Complaint handling results;
+ Post-clearance inspection results;
+ Audit and inspection results of declared value.
- Update other information sources according to point b, Clause 1, Part I immediately into the price database after the information is collected and verified for reliability.
- Update the list of key goods decided by the Department Director.
a.3) For the General Department:
- Update information from inspection results immediately into the price database after implementation, including:
+ Inspection results of declared value; channeling of consignments to assess the reliability of declared value;
+ Complaint handling results;
+ Post-clearance inspection results;
+ Audit and inspection results of declared value.
- Update other information sources according to point b, Clause 1, Part I immediately into the price database after the information is collected and verified for reliability.
- Update the price risk management list within the entire sector.
b) Methods for updating information sources in the price database
Updating information sources for each level according to the scope mentioned above is carried out according to the software database usage guide (GTT22). Specifically, updating the price risk management data list is conducted according to the guidelines in Section 3 of the Appendix attached to this Regulation.
3. Exploitation and use of the price database for taxation:
a) The price database is used to check, determine the reliability, truthfulness, and accuracy of declared values.
a.1) Information sources for checking declared values: Includes all information in the price database, including:
- Information from import documents;
- Information from other sources;
- Information from the price risk management list;
- Information on enterprise compliance with laws.
a.2) Checking methods: Comparing and cross-referencing declared values with values in the price database to determine the truthfulness and accuracy of declared values. The checking process is carried out as follows:
- Comparing declared values with values of identical or similar imported consignments determined by customs authorities for tax valuation.
- Comparing declared values with values of other identical or similar imported consignments accepted by customs authorities for tax valuation excluding consignments under suspicion or awaiting consultation.
- Comparing declared values with declared values of similar imported components or main raw materials constituting complete products imported.
The time frame for searching data for comparison is conducted according to the Circular guiding Decree No. 40/2007/ND-CP dated March 16, 2007, of the Government on determining the tax valuation for exported and imported goods.
- Comparing declared values with values of identical or similar goods listed in the price risk management list.
- Comparing declared values with values of identical or similar goods collected by customs authorities from other information sources.
In cases where identical or similar goods cannot be found for comparison and checking declared values, the concept of identical or similar goods defined in the Circular guiding Decree No. 40/2007/ND-CP dated March 16, 2007, of the Government on determining the tax valuation for exported and imported goods will be flexibly expanded.
- Checking information on enterprise compliance in declaration and value determination provided by the information collection and processing unit from the risk management program to classify key enterprises.
The evaluation of the reliability, truthfulness, and accuracy of declared values after comparing with the price database as specified in point a above is carried out according to specific guidelines in the Circular guiding Decree No. 40/2007/ND-CP dated March 16, 2007, of the Government on determining the tax valuation for exported and imported goods and the inspection and determination process.
b) The price database is used to assist in determining the tax valuation for cases where customs authorities must determine the tax valuation according to point 7, Article 15 of Decree No. 40/2007/ND-CP dated March 16, 2007, of the Government.
b.1) Information sources supporting the determination of value: Include some information sources in the price database, specifically:
- The taxable value of imported consignments previously accepted by the Customs authority for declared value according to the methods of determining the taxable value specified from Section I to Section VI Part II of the Circular guiding Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government on the determination of the taxable value for exported and imported goods, excluding consignments currently under suspicion or awaiting consultation.
- The taxable value of imported consignments previously determined by the Customs authority according to the methods of determining the taxable value specified from Section I to Section VI Part II of the Circular guiding Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government due to rejection of the declared value.
b.2) Pricing Method: The use of price databases to support the determination of taxable value must comply with the principles, procedures, and pricing determination methods stipulated in Article 4 of Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government, and shall not directly determine the value or apply the taxable value using the price database.
III. MANAGEMENT AND PROTECTION OF PRICE DATABASES
1. Management of Price Database
a) Responsibilities of the Branch Office
- Organize the collection and updating of price information into the system in accordance with the functions, scope, and authority of the Branch Office as guided in item a.1 clause a point 2 part II of this Regulation.
- Bear responsibility for the accuracy, honesty, and timeliness of the data collected and updated into the system.
- Bear responsibility for organizing the exploitation, management, and effective use of existing information resources within the price database.
- Organize permissions down to each business unit and each civil servant in accordance with the functions and tasks assigned by leadership.
- Implement data transmission/reception in accordance with the prescribed time.
Assign the Branch Office Director to be responsible for organizing and effectively managing during the process of collecting, updating, exploiting, and utilizing the price database within the managed scope.
b) Responsibilities of Provincial/City Customs Departments
- Organize the collection and updating of price information into the system in accordance with the functions, scope, and authority of the Department as guided in item a.2 clause a point 2 part II of this Regulation.
- Bear responsibility for the accuracy, honesty, and timeliness of the data collected and updated into the system within the entire Department.
- Bear responsibility for organizing the exploitation, management, and effective use of existing information resources within the entire Department.
- Organize permissions down to each civil servant in accordance with the functions and tasks assigned during the exploitation and utilization of the system.
- Organize supervision and inspection of the collection, updating, exploitation, and management of the price database at subordinate Branch Offices.
- Implement data transmission/reception in accordance with the prescribed time.
- Ensure smooth operation of the system. Resolve technical issues related to equipment, network connections, software errors... to maintain continuous and effective operation of the system within the entire Department. In cases where issues cannot be resolved, report immediately to the General Department (Information Technology and Statistics Department; Inspection and Tax Collection Department) within three days for review and resolution.
Assign the Department Director to be responsible for organizing and effectively managing during the process of collecting, updating, exploiting, and utilizing the price database within the entire Department.
c) Responsibilities of the General Department of Customs
- Organize the collection and updating of price information into the system in accordance with the functions, scope, and authority of the General Department as stipulated in item a.3 clause a point 2 part II of this Regulation.
- Manage the content of the entire system of taxable value price databases across the Customs sector.
- Bear responsibility for timely and accurate sharing of price data information to enable units across the sector to exploit and utilize it effectively. Protect shared information.
- Guide, inspect, and urge Provincial/City Customs Departments to collect, update, and transmit price data information to the General Department's data center in accordance with the prescribed time.
- Handle operational issues arising during the exploitation and utilization of the price database across the sector.
- Ensure hardware requirements throughout the operation of the price database across the sector.
- Manage, maintain, and ensure technical operations of the system.
- Ensure technical security, data confidentiality for the price information system at the General Department's data center.
- Implement data transmission/reception in accordance with the prescribed time.
Assign the Director of the Inspection and Tax Collection Department and the Director of the Information Technology and Statistics Department to be responsible for organizing and effectively managing during the process of collecting, updating, exploiting, and utilizing the price database across the sector.
d) Responsibilities of Customs Civil Servants
- When Customs civil servants exploit and use price information on the system to support the determination and management of taxable value, they must follow the current legal guidelines on the pricing determination procedure.
- Bear responsibility for the accuracy, honesty, and timeliness of the data collected and updated into the system for the assigned data range.
- Data entered into the computer must be checked for consistency with the import file or relevant documents in accordance with legal regulations.
- Strictly adhere to the computer management procedures.
- Only exploit and use data within the system related to their specialized work as assigned by leadership while bearing responsibility for the confidentiality of the assigned data range.
- Secure individual authorization codes during the updating, exploitation, and use of the system.
2. Protection of Price Database:
- Civil servants updating data into the system must have specific codes and permissions within each program module.
- Clearly define access rights to the system program.
- Daily updated data of customs units at the end of each day or shift must be stored as a recoverable backup. This backup can be restored in case of objective equipment malfunctions.
- The backup data must ensure storage on unified, secure, and safe storage devices.
The Director of the Customs Information Technology and Statistics Bureau shall organize the implementation and guide units in the process of granting permissions, backing up the backup data, and storing the price database to ensure uniformity, security, and safety.
IV. IMPLEMENTATION
1. The General Director of the General Department of Customs shall organize the development of software for the price database to uniformly implement the updating, exploitation, use, and management of price information throughout the industry.
2. The Directors of Provincial and Municipal Customs Bureaus shall, based on the actual conditions at their units, formulate and issue specific regulations for the classification of staff responsibilities during the processes of collecting, updating, exploiting, and using the system, in accordance with the provisions of this Regulation. They shall direct relevant business departments to share and provide information related to inspection work, valuation determination, and tax assessment, such as import declaration data from the import-export statistics program, enterprise information from the risk management system, violation information from the violation processing system, post-clearance inspection information, etc., to enhance the efficiency of information exploitation throughout the industry. Any acts that distort valuation information,擅自修改价格数据库软件或将其用于规定以外的目的均被严格禁止。 3. Units and individuals violating the provisions of this Regulation shall be subject to handling according to the regulations of the industry and the law.
4. During the implementation process, if there are difficulties or obstacles, units shall report to the Ministry of Finance (General Department of Customs) for guidance or timely research and adjustment.
Specific provisions on methods for collecting information sources
ANNEX
in the price database
issued on May 21, 2008, by the Minister of Finance
(Attached to Decision No.: 1102/QD-BTC
1. Methods for collecting information sources from import file records as stipulated in point a, item 1, part II.)
a) For data on import declarations and valuation declarations:
Based on the criteria declared by enterprises on import declarations and valuation declarations, which have been inspected and registered by customs authorities in the import consignment files, these data shall be updated into the system.
b) For detailed information about goods:
Based on the results of commodity inspection recorded by inspectors on import declarations, this information shall be updated into the system. Detailed information about goods must distinguish one product from another, especially those declared ambiguously by enterprises. This is an additional supplement to the initial information provided by enterprises, serving the purpose of checking and comparing information during valuation inspections. The information to be updated includes: Trade name; Manufacturer; Code; Model; Year of production; Raw materials; Composition; Quantity; Label; etc. Depending on the characteristics, structure, and utility of each product and group of products, and the objectives of price management, appropriate information should be added to the system.
c) For information on the results of determining the taxable value of consignments:
Based on the results of determining the taxable value recorded on valuation declarations by customs authorities, this information shall be updated into the system, including:
- Accepting the declared value while determining the reliability of the declared value under either normal or suspicious circumstances.
Indicators for determining a suspicious declared value are carried out in accordance with the circular guiding the determination of value.
- Not accepting the declared value, if the value is determined by another method, it shall be updated into the system according to the corresponding model for the value determination method...
d) For information on the results of consultations regarding consignments:
Based on the consultation conclusions recorded in the consultation minutes by customs authorities, whether accepting or rejecting the declared value, along with the reasons for acceptance or rejection, this information shall be updated into the system under the valuation inspection result entry.
đ) For information on the results of adjusting the taxable value:
Based on the notification of the results of determining the taxable value after consultation and the decision to adjust taxes after issuance (due to price adjustment), this information shall be updated into the system according to the adjustment method and reason for adjusting the taxable value.
e) For information on the results of re-inspection:
Based on the results of re-inspection recorded in the re-inspection form, this information shall be updated into the system.
g) For information on the results of complaint resolution:
Based on the complaint files submitted by enterprises and the results of complaint resolution recorded in the resolution letters or decisions, this information shall be updated into the system.
h) For information on the results of post-clearance inspections:
Based on the conclusion of post-clearance inspection minutes, if related to the taxable value of imported consignments, the results of handling shall be updated into the system.
i) For the results of audits and valuation inspections:
Based on the conclusions of audit teams or the results of valuation inspections recorded in inspection and audit minutes on taxable values and the results of handling, this information shall be updated into the system.
2. Methods for collecting other information sources as stipulated in point b, item 1, part II.
a) For information sources on the Internet:
Based on the need to search for information on the Internet to serve price-related business operations, officials shall organize searches on the Internet. After finding the required information, they shall proceed as follows:
- Print the found information (pay attention to the product name, price, etc.).
- Prepare a report to the leadership (Directorate Leader; Price Department Leader or Business Department Leader; Inspection and Tax Collection Supervision Department Leader depending on the level) to evaluate the reliability of the searched price. The report must clearly state the reasoning and basis for selecting the price. Leadership shall provide comments of "accept" or "reject" on the report.
- Prepare a report to submit to the Leaders (Leaders of the Branch Office; Leaders of the Pricing Department or the Business Department; Leaders of the Inspection and Collection of Import-Export Tax Department depending on each level) to assess the reliability of the price researched online. The report must clearly state the reasoning and basis for selecting the price. The Leaders will provide their opinion of "acceptance" or "non-acceptance" in the report.
- Update into the system for cases where the Leader approves the opinion "accept".
b) For information sources from magazines, books, price bulletins:
- Based on the unit's plan to purchase magazines, books, price bulletins and the need to exploit and utilize information for price management work, the price officer conducts analysis, synthesis, and selects items with appropriate prices.
- Photocopy the selected prices.
- Prepare a report to submit to the Leader (Head of the Inspection Division; Head of the Price Department or Professional Department; Head of the Tax Revenue Inspection Department depending on the level) clearly stating the rationale and basis for selecting the prices. The Leader provides an opinion of "accept" or "do not accept" on the report.
- Update into the system for cases where the Leader approves the opinion "accept".
c) For information sources from quotation letters:
- Based on quotation letters provided by enterprises or collected by customs authorities through various means of communication, the price officer conducts analysis and synthesis to assess the reliability of the provided or collected information.
- On the basis of the analysis results, prepare a report to submit to the Leader proposing to update and supplement into the system.
- Update and supplement into the system for cases approved by the Leader with the opinion "accept".
d) For information sources from appraisal agencies:
- Based on the written responses from appraisal agencies according to the request of the customs authority.
- Prepare a report to submit to the Leader proposing to update and supplement into the system.
- Update and supplement into the system based on the Leader's approval opinion.
đ) For information sources from domestic market selling prices:
- Based on the need to search for domestic market selling price information to serve price-related business operations, the Leader assigns two officers to conduct price surveys at the domestic market. When conducting the survey, a price survey form must be established including the following elements: name of the surveying officer, survey address, survey time, name of the goods to be surveyed (detailed description), unit price, trade level, other notes.
- Based on the results of the survey as stated above, prepare a report to submit to the Leader proposing to update and supplement into the price data source. The Leader provides an approval opinion of "accept" or "do not accept".
- Update and supplement into the system for cases approved by the Leader with the opinion "accept".
e) For information sources provided by other agencies such as domestic tax, banks,...
- Based on the reply letter regarding prices from relevant agencies according to the request of customs.
- Prepare a report to submit to the Leader proposing to update and supplement into the system.
- Update and supplement into the system based on the Leader's approval opinion.
g) For price information sources provided by customs of other countries, regional and international customs organizations:
Update into the system based on the reply letter from customs of other countries, regional and international customs organizations provided according to the request of Vietnam Customs.
3. Method of collecting, updating, building, and using the risk management price directory as stipulated in point c item 1 part II.
a) Method of collecting and building the risk management price directory:
a.1) Principles of building the risk management price directory: The construction of the risk management price directory shall only be carried out for groups of goods, items with high risk of value fraud as specified by the General Administration or important items with a high tendency of commercial fraud in localities, and shall be implemented according to the following principles:
- The price level must be compiled from reliable information sources with clear bases and grounds.
- The price must be built for each specific item with detailed information about the name of the goods, model, type, model number, year of production, function, features, etc., not compiled in a general manner grouping similar items or built vaguely.
- The price must be regularly reviewed and revised promptly when there is a price fluctuation at provincial and city customs offices (within one week from the date of the price fluctuation).
a.2) Sources of information for building the risk management price directory include:
- Information on prices in the GTT22 system including declared prices by enterprises and adjusted prices by customs authorities for cases that have been consulted and rejected declared values.
- Publicly quoted prices on the Internet.
- Other sources of information collected by customs authorities such as: market selling prices, prices provided by domestic manufacturers, prices provided by exporters,...
- Price information provided by domestic and foreign appraisal agencies upon request of customs authorities.
- Information in the risk management price database provided by the General Administration after compiling from various sources.
- Other sources of information collected by customs authorities.
a.3) Building method:
The construction of the risk management price directory is carried out based on the analysis and synthesis of information sources in the following priority sequence:
- Compare with the value of identical or similar imported goods previously determined by the customs authority. - Compare with the declared value of identical or similar imported goods previously accepted, excluding cases under suspicion or awaiting consultation.
- Compare with the declared value of similar complete sets of components already imported, compare with the declared value of major raw materials constituting the product already imported and not marked as suspicious.
- Compare with the declared value of identical or similar goods provided by exporters or domestic manufacturers.
- Compare with the value of identical or similar goods confirmed by appraisal agencies upon request of the customs authority.
- Calculate from publicly quoted prices on the Internet as follows:
Subtract negotiation costs and export taxes (depending on specific circumstances to determine a reasonable deduction rate between 10% to 20%).
Deduct negotiation costs and taxes in the exporting country from the online offer price (Invoice dealer), with the deduction rate reasonably determined between 10% and 20% based on specific circumstances.
Note: When obtaining prices from the internet, reliable websites with high credibility must be selected, and sales forms that are not restricted by certain conditions affecting transaction value should be chosen.
- Calculating from domestic market selling price based on: Subtracting post-importation costs from the domestic market selling price (selling price after import). Post-importation costs include domestic taxes payable and general expenses allowed to be included in cost of goods sold and profit. The maximum allowable deduction for general expenses and profit does not exceed 20% of the selling price.
In cases where prices are taken from retail or wholesale prices, they shall be converted according to the following formula:
Selling price after import = Wholesale price / 110% = Retail price / 115%
- Referencing similar price levels previously specified in the risk management data list of the General Department or the unit.
Based on the comparison results from the above information sources, the price officer shall compile and propose appropriate prices, clearly stating the basis for the proposal and submitting it for leadership approval before issuing it for application within the unit and immediately sending it to the General Department for compilation, issuance, and nationwide application.
Note: During the construction of the risk management price list, depending on specific circumstances, various information sources shall be collected and compiled to determine prices suitable for reality; it is not necessary to collect all the aforementioned information sources to establish prices.
b) Updating method:
Updating the risk management price list into the EXCEL program according to the template prescribed by the General Department includes:
- Template for proposing the establishment of price data for items under risk management.
- Template for proposing amendments to price data for items under risk management.
c) Transmitting/receiving the risk management price list:
- After issuing the price, the local Customs Bureau must immediately send it to its subordinate branches for implementation and report back to the General Department via email.
- The General Department of Customs will compile the prices issued by local Customs Bureaus and send them to all units for nationwide application.
d) Using the risk management price list:
The risk management price list is used for:
- Checking the declared value of enterprises, identifying suspicious signs for further processing according to the procedures for determining value.
- Strictly prohibiting the use of the risk management price list to impose or determine taxable value.
đ) Amending the risk management price list:
During implementation, if the price specified in the risk management price list increases or decreases by more than 10%, the following actions shall be taken:
- Local Customs Bureaus shall adjust the price to match reality for key items managed by the Director of the Provincial or Municipal Customs Bureau while reporting to the General Department.
- Local Customs Bureaus shall propose amendments to the prices in the risk management price list issued by the General Department (with attached templates).
4. Management and storage:
All files collecting information sources, files constructing the risk management price list including: Basis for collecting information sources, reports submitted to leadership for proposed prices when building the risk management price list, and leadership approval opinions must be stored and preserved like import consignment files after being updated into the system./.
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