Circular No. 29/2014/TT-BTC Amending and supplementing certain articles of Circular No. 205/2010/TT-BTC dated December 15, 2010 of the Ministry of Finance guiding Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government on the determination of customs value for exported and imported goods

CIRCULAR

1. Amend and supplement Point d of Clause 2 of Article 24 as follows:||| amending certain provisions of Circular No. 205/2010/TT-BTC dated December 15, 2010

||| of the Ministry of Finance guiding Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government

||| on the determination of customs value for exported and imported goods

__________________________

 

WHEREAS, Law on Customs No.||| Law No. 29/2001/QH10 dated June 29, 2001; Law Amending and Supplementing Certain Provisions of the Customs Law No. 42/2005/QH11 dated June 14, 2005;energy||| Law on Export Duties and Import Duties No. 45/2005/QH11 dated June 14, 2005;

||| Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006; Law Amending and Supplementing Certain Provisions of the Tax Administration Law No. 21/2012/QH13 dated November 20, 2012;

||| Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government providing for the determination of customs value for exported and imported goods;

||| Decree No. 87/2012/NĐ-CP dated October 23, 2012 of the Government detailing certain provisions of the Customs Law regarding electronic customs procedures for exported and imported goods for trade purposes;||| At the proposal of the Director General of the General Department of Customs,

Pursuant to the Government's Decree No. 87/2010/NĐ-CP dated August 13, 2010 detailing certain provisions of the Law on Export Duties and Import Duties;

||| The Minister of Finance issues this Circular amending and supplementing certain provisions of Circular No. 205/2010/TT-BTC dated December 15, 2010 of the Ministry of Finance guiding Decree No. 40/2007/NĐ-CP dated March 16, 2007 of the Government providing for the determination of customs value for exported and imported goods as follows:

Pursuant to Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government detailing implementation of certain provisions of the Law on Tax Administration and the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Article 1. Amend and supplement certain provisions of Circular No. 205/2010/TT-BTC dated December 15, 2010 as follows:

1. Amend Clause 8 of Article 2; supplement Clauses 18, 19, and 20 of Article 2 as follows:

"8) Imported goods that are identical: Are those imported goods that are identical in all aspects including:

8.1) Physical characteristics comprising the surface of the product, constituent materials, manufacturing methods, functions, intended use, mechanical, physical, and chemical properties, having the same code according to the classification of the List of Imported Goods in Vietnam;

8.2) Product quality;

8.3) Product brand;

8.4) Produced in the same country, by the same manufacturer or authorized manufacturer.

Imported goods that substantially meet these conditions are considered identical imported goods even if there are insignificant differences in appearance such as color, size, style without affecting the value of the goods.

Imported goods shall not be considered identical if during the production process, technical designs, construction plans, implementation plans, artistic designs, design drawings, diagrams, or similar products or services made in Vietnam are provided free of charge by the buyer to the seller."

"18) Copyright fees and license fees related to imported goods are:

18.1) Copyright fees and license fees paid to use trademarks in accordance with the accompanying documents if they simultaneously meet the following conditions:

18.1.1) Imported goods are resold in their original condition in the Vietnamese market or undergo simple processing after importation;

18.1.2) Imported goods bear trademarks when sold in the Vietnamese market.

18.2) Copyright fees and license fees paid to use patents, technical secrets, or other intellectual property rights reflected in purchase contracts, licensing agreements, or other agreements on the transfer of intellectual property rights if they fall under any of the following circumstances:

18.2.1) Patents, technical secrets, or other intellectual property rights are used to produce imported goods;

18.2.2) Imported goods carry patents, industrial designs, or other intellectual property rights;

18.2.3) Imported goods are machines or equipment manufactured or produced to apply patents, technical secrets, or other intellectual property rights.

Examples of imported goods carrying patents and technical secrets mentioned in Appendix II issued together with this Circular.

19) Simple processing after importation includes:

19.1) Work to preserve goods during transportation and storage (ventilation, spreading out, drying, cooling, soaking in salt, fumigation, or adding other additives, removing damaged parts, and similar work);

19.2) Work such as dusting, screening, sorting, grading (including assembling into sets), cleaning, painting, cutting into pieces;

19.3) Changing packaging and unpacking or assembling shipments; bottling, canning, packing, bagging, boxing, and other simple packaging work;

19.4) Sticking labels, tags, or similar distinguishing marks onto products or packaging;

19.5) Simple mixing of imported goods with other components, including diluting with water or other substances, but not changing the basic characteristics of the product;

19.6) Simple assembly of product parts to form a complete product;

Simple assembly involves putting together parts, components, or accessories using assembly tools (screws, bolts, nuts, washers), or joining by nails or welding, with the condition that these activities are merely assembly. The complexity of the assembly method is not considered, and the components do not undergo any further processing to become finished products.

19.7) A combination of two or more of the works listed from Point 19.1 to Point 19.6 of Clause 19 of this Article;

19.8) Slaughtering or butchering animals without further processing."

20) As a condition for the sale of imported goods:

20.1) The buyer can only purchase imported goods from suppliers designated by the intellectual property owner or suppliers related to the intellectual property owner; or the imported goods must meet technical standards required by the intellectual property owner; or

20.2) The buyer can only purchase imported goods when paying copyright fees and license fees to the seller or the subject of intellectual property rights."

2. Amend and supplement Item 1.2.5.1 of Point 1.2.5 of Clause 1 of Article 14 as follows:

20.2) The buyer may only purchase imported goods when paying copyright fees and license fees to the seller or the intellectual property rights holder.

Amend and supplement Clause 1.2.5.1, Point 1.2.5, Clause 1, Article 14 as follows:

"1.2.5.1) Conditions for adjustment by addition: Adjustment by addition shall only be made when all of the following conditions are met:

a) The buyer must pay copyright fees and license fees for the use and transfer of intellectual property rights related to imported goods that are being determined for customs value;

b) Copyright fees and license fees paid directly or indirectly by the buyer as a condition for the transaction of purchasing goods that are being determined for customs value must be reflected in the sales contract, licensing agreement, or other agreements on the transfer of intellectual property rights;

c) Such fees have not been included in the actual payment or will be required to be paid for the imported goods that are being determined for customs value."

3. Amend and supplement Article 21 as follows:

"Article 21. Construction, supplementation, and adjustment of items in the List of Export Goods at Risk Regarding Value and Reference Price

1) Criteria for construction, supplementation, and adjustment of items in the List of Export Goods at Risk Regarding Value:

1.1) Goods with high export tax rates;

1.2) Goods accounting for a large proportion in total export turnover;

1.3) Exported goods with a high frequency of violations regarding customs value during the evaluation period;

1.4) Goods at risk of declaring incorrect transaction value for the purpose of tax fraud or evading export taxes;

1.5) Goods at risk of overstating export value to claim VAT refunds for exported goods;

1.6) Goods with other risks regarding customs value as stipulated in Clause 3 of Article 21 of Circular 175/2013/TT-BTC dated November 29, 2013, issued by the Ministry of Finance on the application of risk management in customs operations.

2) Sources of information for construction, supplementation, and adjustment of the List of Export Goods at Risk Regarding Value and Reference Price

2.1) Sources of information within the customs sector:

2.1.1) Information on export prices of identical or similar exported goods accepted by customs authorities as taxable value reported by enterprises through the Customs Management Data Pricing System;

2.1.2) Information on results of file reviews, actual goods inspections, consultations, price adjustments, and rechecks regarding taxable value conducted by provincial or city customs offices during customs procedures, updated daily in the Customs Management Data Pricing System;

2.1.3) Information on resolution of complaints regarding taxable value handled by provincial or city customs offices, General Department of Customs, updated in the Customs Management Data Pricing System;

2.1.4) Information on post-clearance inspection results regarding taxable value carried out by post-clearance inspection forces and updated in the Enterprise Management Information System for Post-Clearance Inspection and Risk Management;

2.1.5) Information on results of investigation and handling of fraudulent activities regarding taxable value conducted by anti-smuggling forces during control and anti-smuggling investigations, updated in the Information Collection Database;

2.1.6) Information on commercial fraud situations and results of handling violations during lane allocation processes in the Risk Management Information System;

2.1.7) Information on results of inspections and audits conducted by the Inspectorate or other customs forces before, during, and after clearance of goods;

2.1.8) Information from reports proposing supplements and adjustments by provincial or city customs offices pursuant to Point 5.1 of Clause 5 of this Article.

Units under the General Department of Customs, based on their management functions and responsibilities, shall update inspection and audit results, and processing outcomes into the customs sector's data system to report to the Director-General of the General Department of Customs for periodic or necessary construction, supplementation, and adjustment of the List of Export Goods at Risk Regarding Value and Reference Price.

2.2) Sources of information outside the customs sector:

2.2.1) Information on market transaction prices worldwide (for goods with global market transaction prices) displayed on the electronic trading market website;

2.2.2) Information on signs of commercial fraud in declaration of value provided by relevant agencies such as market management agencies, police, commercial banks, or other ministries, sectors, tax authorities, associations, enterprises, organizations, individuals supplied to customs authorities;

2.2.3) Information from domestic market selling prices of identical or similar goods to exported goods, the relationship between market selling prices and exported goods selling prices collected periodically by customs authorities or provided by tax authorities (if available).

2.3) The above sources of information shall be collected within six months from the date of issuance of the effective List of Export Goods at Risk Regarding Value. After collection, these sources of information must be analyzed and converted to the same purchase conditions before being used for construction, supplementation, and adjustment of the List of Export Goods at Risk and reference prices.

3) Principles for construction, supplementation, adjustment, and use of the List of Export Goods at Risk Regarding Value and Reference Price:

3.1) Customs authorities shall construct, supplement, and adjust items in the List of Export Goods at Risk Regarding Value based on risk assessment results according to risk management criteria, business information, and existing data on the customs information system at the time of assessment. The List of Export Goods at Risk Regarding Value must reflect information about goods such as commodity codes, descriptions, or specific names of goods.

3.2) Customs authorities shall construct, supplement, and adjust the List of Export Goods at Risk Regarding Value and Reference Price based on the sources of information collected as prescribed in Clause 2 of this Article."

3.3) The list of export goods with risk regarding value and reference price serves as a basis for customs authorities to compare, verify, and inspect the declared value reported by the declarant, identify suspicious signs, conduct consultations during the customs procedure or after the goods have been cleared according to regulations, without using it to impose the taxable value, and is circulated internally and uniformly applied within the Customs sector.

4) The deadline for establishing, supplementing, and adjusting items in the list of export goods with risk regarding value and reference price attached: Every six months or when necessary based on consideration:

4.1) Recommendations from Ministries, Sectors, Associations, organizations, and individuals;

4.2) Proposals from Provincial/City Customs Departments and units under the General Department of Customs.

5) Authority to establish, supplement, and adjust items in the list of export goods with risk regarding value and reference price attached:

5.1) Responsibilities of the Director of Provincial/City Customs Departments:

5.1.1) Update the results of file inspections, actual inspection results of goods, re-inspection results, consultation results, value determination, post-clearance inspection results, audits, anti-smuggling investigations into the corresponding database system.

5.1.2) Based on the results of file inspections, actual inspection results of goods, re-inspection results, consultation results, value determination, post-clearance inspection results, audits, anti-smuggling investigations, trade volume, export tax rates, smuggling situations, commercial fraud, propose and report to the General Department of Customs:

5.1.2.1) Supplement the reference price according to the principle set out in Point 3.2 Clause 3 of this Article for export goods listed in the list of export goods with risk regarding value but not having a reference price according to Model No. 7 issued together with this Circular, based on collecting information sources as stipulated in Clause 2 (except Point 2.1.8) of this Article.

5.1.2.2) Adjust the reference price according to the principle set out in Point 3.2 Clause 3 of this Article for cases where the declared price and collected information show a fluctuation of over 10% compared to the reference price in the list of export goods with risk regarding value according to Model No. 8 issued together with this Circular, based on collecting information sources as stipulated in Clause 2 (except Point 2.1.8) of this Article.

5.1.2.3) Supplement items into the list of export goods with risk regarding value and reference price according to the principle set out in Clause 3 of this Article for export goods meeting one of the criteria specified in Clause 1 of this Article but not included in the list of export goods with risk regarding value according to Model No. 7 issued together with this Circular, based on collecting information sources as stipulated in Clause 2 (except Point 2.1.8) of this Article.

5.2) Responsibilities of the General Department of Customs: The Director of the General Department of Customs organizes the establishment, supplementation, and adjustment of items in the list of export goods with risk regarding value and reference price attached based on: Criteria as prescribed in Clause 1 of this Circular, information sources as prescribed in Article 8 of Circular No. 175/2013/TT-BTC and Clause 2 of this Article, regulations on building and managing the list of export goods with risk as prescribed in Article 21 of Circular No. 175/2013/TT-BTC."

4. Clause 22 shall be amended and supplemented as follows:

"Article 22. Inspection and Handling of Results of Value Determination for Export Goods

1) Content of Inspection:

a) Compare the declared price with:

a.1) The reference price in the list of export goods with risk regarding value.

a.2) The taxable price of identical or similar goods in the most recent export declaration compared to the date of registration of the export declaration of the goods being determined for value for goods in the list of export goods with risk regarding value. Do not compare with consignments currently under suspicion regarding price.

In case two or more taxable prices of identical or similar exported goods can be determined at the same time, compare the declared price with the lowest taxable price of identical or similar exported goods after converting to the same sales conditions.

b) Check the appropriateness of the contents of the purchase and sale contract.

c) Check the consistency between the purchase and sale contract and the documents in the customs declaration file.

2) Handling of Inspection Results:

a) Reject the declared price, determine the taxable value, and issue a Notice of Taxable Value (according to Model No. 4 issued together with this Circular), while handling according to the law's provisions when the customs authority discovers any contradiction in procedures or documents (hereinafter referred to as contradictions in procedures or documents). Contradictions in procedures or documents include:

a.1) The content of the purchase and sale contract does not match.

a.2) There is a contradiction between the purchase and sale contract and the documents in the customs declaration file.

b) In case the declared price is lower than one of the prices specified in Point a Clause 1 of this Article (hereinafter referred to as a sign of suspicion regarding the export goods' declared price), with or without a sign of suspicion regarding contradictions in procedures or documents:

b.1) In case the exporting/importing enterprise is rated as a very high-risk business or has been engaged in exporting/importing activities for less than 365 days as stipulated in Article 18 of Circular No. 175/2013/TT-BTC:

The customs authority informs the declarant of the basis and grounds for the suspicion regarding the declared price, the method, and the price determined by the customs authority according to the Notice of Suspicion Regarding Declared Price (Model No. 1 issued together with this Circular).

b.1.1) In case the declarant agrees with the price and method determined by the customs authority according to the Notice of Suspicion Regarding Declared Price, the customs authority issues a Notice of Taxable Value (Model No. 4 issued together with this Circular), imposes tax according to the determined price, and clearly records it on the customs declaration form.

b.1.2) In case the declarant has not reached an agreement with the price level or method determined by the customs authority, they must clearly record the content "request for consultation" and the consultation time in the Notification of Suspicious Indicators of Declared Price. The declarant may exercise their right to consult in accordance with Clause 3 of this Article and must comply with the guarantee requirements stipulated in Point 3.2 of Clause 3 and Clause 4 of Article 25 of Circular No. 205/2010/TT-BTC.

The customs authority shall notify the declarant to provide guarantees, and the amount of guarantee shall be determined according to the principles and methods for determining the dutiable value prescribed in Decree No. 40/2007/NĐ-CP and Circular No. 205/2010/TT-BTC.

b.2) In cases where the export-import enterprise has not been rated as having very high risk or has not been rated due to less than 365 days of export-import activities as stipulated in Article 18 of Circular No. 175/2013/TT-BTC and has paid the tax at the declared price, such enterprises shall be allowed to clear customs or release goods, but the customs authority must transfer the file and suspicious indicators for handling in accordance with Article 27 of this Circular.

c) In cases where there are suspicious indicators regarding procedures and documents but no suspicious indicators regarding the price of exported goods: The declarant shall be allowed to clear customs or release goods at the declared price after paying the tax, but the customs authority must transfer the file and suspicious indicators for handling in accordance with Article 27 of this Circular.

d) In cases where there are no suspicious indicators regarding procedures, documents, and the price of exported goods, and the declarant has paid the tax at the declared price, clearance or release of goods shall be granted. The customs authority shall conduct post-clearance verification in accordance with regulations.

đ) The customs authority shall determine the taxable price based on the principles and methods for determining the dutiable value prescribed in Decree No. 40/2007/NĐ-CP and Circular No. 205/2010/TT-BTC, and the most recent information source compared to the date of declaration of the export goods, from among the information sources specified in Clause 2 (excluding Point 2.1.8) of Article 21 of this Circular. The taxable price determined by the customs authority shall not be lower than the reference price in the List of Export Goods at Risk of Valuation. If two identical or similar export goods prices can be determined at the same time, the taxable price shall be the lowest price of the identical or similar goods after being converted to the same purchasing conditions.

3) Consultation:

3.1) In cases requiring consultation: This refers to situations where there is doubt about the declared price, but the declarant has not reached an agreement with the price level or the method for determining the dutiable value as specified in Point b.1.2 of Clause 2 of this Article.

The Director of the Provincial Customs Department decides to initiate consultation for goods listed in the List of Export Goods at Risk of Valuation that have suspicious indicators regarding the price, but the declared price is not more than 10% lower than the price in the database at the time of inspection.

3.2) Form of consultation: Direct consultation.

3.3) Authority for consultation:

3.3.1) The Director of the Provincial Customs Department organizes and is responsible for the comprehensive effectiveness of the consultation work within the unit.

3.3.2) Based on actual circumstances, management capacity, and distance between the Branch and the Department, the Director of the Provincial Customs Department may delegate the Branch Director to conduct consultations for goods required to undergo consultation, provided that the effectiveness of the consultation and valuation work at the Branch is ensured.

3.4) Preparation for consultation:

3.4.1) The declarant: Prepare documents and materials in accordance with Article 12 of Circular No. 128/2013/TT-BTC and relevant data to clarify the accuracy of the declared price. Appoint a representative authorized to decide on matters related to the determination of the dutiable value or a fully authorized person to participate in consultation at the time indicated in the Notification of Suspicious Indicators of Declared Price.

3.4.2) The customs authority: Arrange the location and time for consultation as requested by the declarant, and prepare relevant data to clarify suspicious indicators during consultation.

3.5) Conducting consultation:

Based on prepared documents, materials, and information, the enterprise shall prove and explain matters related to the declaration of export transaction factors, declared price, and the basis for determining the dutiable value of the enterprise.

The customs authority shall clarify suspicious indicators regarding documents and declared price. Questions and answers during the consultation must be recorded truthfully in the consultation minutes. Based on the enterprise's responses and price information, the customs authority shall specify whether the "taxable price is the declared price" or "reject the declared price," and simultaneously record the determined taxable price in the consultation minutes. The enterprise participating in the consultation shall record their agreement or disagreement with the taxable price determined by the customs authority in the consultation minutes. All parties involved in the consultation must sign the consultation minutes.

3.6) Time limit for completing consultation and determining the taxable price: Maximum 30 days from the date of declaration registration.

3.7) Handling the results of consultation:

3.7.1) In cases where the declarant agrees with the taxable price determined by the customs authority, the customs authority shall record "reject the declared price" in the consultation minutes, issue a Notice of Taxable Value, and implement tax assessment according to regulations if any of the following situations occur:

a) During the consultation, the customs authority discovers inconsistencies in procedures and documents.

b) The declarant declares inaccurately matters related to the determination of the dutiable value:

b.1) Information obtained by the customs authority through other investigative measures confirms that the declared price is inaccurate.

b.2) Information provided by the declarant after verification is inaccurate, or the provided documents are forged or illegal.

3.7.2) The customs authority shall clearly record "the taxable value based on the declared price" in the consultation record, issue the Notice of Taxable Value, and simultaneously transfer the file and suspicious signs for handling in accordance with Article 27 of this Circular if it falls under any of the following circumstances:

a) The customs authority does not have sufficient grounds to reject the declared price or has sufficient grounds to reject the declared price but the declarant does not agree with the taxable value determined by the customs authority;

b) The declarant does not participate in the consultation at the time specified in the Notice of Suspicious Signs of Declared Price;

c) After the deadline for requesting information, the declarant fails to provide the information, documents, and evidence as notified by the customs authority.

3.7.3) In addition to the cases stipulated in point 3.7.1 and point 3.7.2 of this clause, the customs authority shall levy tax based on the declared price and issue the Notice of Taxable Value.

3.7.4) Immediately after the conclusion of the consultation or on the next working day following the consultation, the Provincial Customs Department (in the case of consultation at the department level) or the Customs Sub-department (in the case of consultation at the sub-department level) shall issue the Notice of Taxable Value.

The provisions regarding the determination and payment of the assessed tax shall be implemented in accordance with Circular No. 128/2013/TT-BTC dated September 10, 2013, of the Ministry of Finance on customs procedures; customs inspection and supervision; export duties, import duties, and tax management for exported and imported goods.

3.8) All documents and files related to the consultation must be stored together with the customs file.

5. Article 23 shall be amended and supplemented as follows:

"Article 23. Construction, supplementation, and adjustment of items in the List of Imported Goods with Risk Regarding Valuation and Reference Prices"

1) Criteria for construction, supplementation, and adjustment of items in the List of Imported Goods with Risk Regarding Valuation

1.1) Goods subject to high import duty rates;

1.2) Goods accounting for a large proportion in the total value of imported goods;

1.3) Goods frequently violating customs valuation within the evaluation period;

1.4) Goods with risk of being declared incorrectly to evade taxes;

1.5) Goods with risk of being declared at increased import prices for profit shifting;

1.6) Goods with risk of being declared at reduced import prices for dumping in the domestic market;

1.7) Goods with other risks regarding customs valuation as stipulated in Clause 3, Article 21 of Circular No. 175/2013/TT-BTC.

2) Sources of information for construction, supplementation, and adjustment of the List of Imported Goods with Risk Regarding Valuation and Reference Prices

2.1) Sources of information within the customs sector:

2.1.1) Information on import prices of identical or similar goods accepted by the customs authority as taxable values declared by enterprises in the Management System of Taxable Values Data;

2.1.2) Information on the results of file inspections, actual goods inspections, consultation outcomes, price adjustments, and re-inspections conducted by the Provincial Customs Department during the customs procedure process and updated daily in the Management System of Taxable Values Data;

2.1.3) Information on resolution of complaints regarding taxable value handled by provincial or city customs offices, General Department of Customs, updated in the Customs Management Data Pricing System;

2.1.4) Information on post-clearance inspection results regarding taxable values conducted by post-clearance inspection forces and updated in the Enterprise Management Information System for Post-Clearance Inspection and Risk Management;

2.1.5) Information on the results of anti-smuggling activities including investigations and inspections regarding fraudulent declarations of taxable values, updated in the Anti-Smuggling Information Collection Database;

2.1.6) Information on trade fraud situations and the results of handling violations during risk assessment processes in the Risk Management Information System;

2.1.7) Information on inspection and audit results conducted by the Inspectorate or other customs forces before, during, and after clearance, updated in the Risk Management Information System;

2.1.8) Information from reports proposing supplements and adjustments by provincial or city customs offices pursuant to Point 5.1 of Clause 5 of this Article.

Units under the General Administration of Customs, based on their management functions and responsibilities over the above sources of information, shall be responsible for updating inspection and audit results into the customs sector's data system to report to the Director-General of the General Administration of Customs for periodic or necessary construction, supplementation, and adjustment of the List of Imported Goods with Risk Regarding Valuation and Reference Prices.

2.2) Information from outside the customs sector:

2.2.1) Information on declared prices published publicly on the websites of relevant ministries according to specialized laws;

Example: drug prices declared and re-declared on the website of the Drug Administration (www.dav.gov.vn).

2.2.2) Information from newspapers, magazines, and specialized literature on industries such as automobiles, motorcycles, electronics, and steel collected periodically by the customs authority;

2.2.3) Information on selling prices offered online on official websites or those linked to official websites, transaction prices in the global market (for goods traded globally), displayed on the trading market's website;

2.2.4) Information on signs of trade fraud in declared prices provided by relevant authorities such as market management agencies, police, commercial banks, or by ministries, sectors, tax authorities, associations, enterprises, organizations, individuals to the customs authority;

2.2.5) Information on domestic market selling prices of identical or similar goods to imported goods, the relationship between domestic market prices and imported goods prices collected periodically by the customs authority or provided by the tax authority (if available);

2.2.6) Information on selling prices of goods for export to Vietnam provided by customs authorities of exporting countries under bilateral or multilateral customs cooperation agreements.

2.3) The sources of information mentioned above shall be collected within a period of six months from the date of issuance of the effective List of Imported Goods at Risk for Valuation. After collection, such sources of information must be analyzed and converted to the same conditions of sale before being used to establish, supplement, adjust the List of Imported Goods at Risk for Valuation and reference prices.

3) Principles for establishing, supplementing, adjusting, and using the List of Imported Goods at Risk for Valuation and reference prices:

3.1) Customs authorities shall establish, supplement, and adjust items in the List of Imported Goods at Risk for Valuation based on the results of risk assessment according to management criteria, business information, and available data on the customs information system at the time of assessment. The List of Imported Goods at Risk for Valuation must reflect information about goods such as: commodity code, description of goods, or specific name of goods.

3.2) Customs authorities shall establish, supplement, and adjust the List of Imported Goods at Risk for Valuation and reference prices based on the sources of information collected as stipulated in Clause 2 of this Article.

3.3) The List of Imported Goods at Risk for Valuation and reference prices serve as a basis for customs authorities to compare, cross-check, inspect declared valuation by declarants, identify suspicious signs, conduct consultations during customs procedures or after clearance of goods in accordance with regulations, not to be used to impose taxable value, and are circulated internally and uniformly applied within the customs sector.

4) The deadline for establishing, supplementing, and adjusting items in the List of Imported Goods at Risk for Valuation and reference prices attached: Annually every six months or when necessary based on review:

4.1) Recommendations from Ministries, Sectors, Associations, organizations, and individuals;

4.2) Proposals from Provincial Customs Departments and units under the General Customs Department.

5) Authority to establish, supplement, and adjust items in the List of Imported Goods at Risk for Valuation and reference prices attached:

5.1.1) Update the results of file inspections, actual inspection results of goods, re-inspection results, consultation results, value determination, post-clearance inspection results, audits, anti-smuggling investigations into the corresponding database system.

5.1) Responsibilities of the Director of Provincial Customs Departments: 5.1.2) Based on the results of file inspection, actual inspection of goods, re-inspection results, consultation results, determination of value, post-clearance inspection results, anti-smuggling investigation, trade fraud situation, import tariff rates, smuggling situation, propose and report to the General Customs Department:

5.1.2.1) Supplement reference prices according to the principle set out in Point 3.2, Clause 3 of this Article for imported goods listed in the List of Imported Goods at Risk for Valuation but without reference prices according to Form 7 issued together with this Circular, based on collecting information sources as stipulated in Clause 2 (excluding Point 2.1.8) of this Article.

5.1.2.2) Adjust reference prices according to the principle set out in Point 3.2, Clause 3 of this Article for cases where the declared price and collected information have increased or decreased by more than 10% compared to the reference price in the List of Imported Goods at Risk for Valuation according to Form 8 issued together with this Circular, based on collecting information sources as stipulated in Clause 2 (excluding Point 2.1.8) of this Article.

5.1.2.3) Supplement items into the List of Imported Goods at Risk for Valuation and reference prices according to the principle set out in Clause 3 of this Article for imported goods meeting one of the criteria specified in Clause 1 of this Article but not included in the List of Imported Goods at Risk for Valuation according to Form 7 issued together with this Circular, based on collecting information sources as stipulated in Clause 2 (excluding Point 2.1.8) of this Article.

5.2) Responsibilities of the General Customs Department: The Director of the General Customs Department organizes the establishment, supplementation, and adjustment of items in the List of Imported Goods at Risk for Valuation and reference prices attached based on: Criteria as prescribed in Clause 1 of this Circular, information sources as prescribed in Article 8 of Circular No. 175/2013/TT-BTC and Clause 2 of this Article, regulations on establishing and managing the List of Imported Goods at Risk for Valuation as stipulated in Article 21 of Circular No. 175/2013/TT-BTC.

6. Article 24 is amended and supplemented as follows:

Article 24. Inspection and Handling of Inspection Results of Import Goods Valuation

1) Content of Valuation Inspection:

a) Inspection of declaration content: Inspect all criteria recorded on the import customs declaration form and the valuation declaration form reported by the importer, paying particular attention to the following criteria:

a.1) The name of the goods must be complete, detailed with code, brand, origin, consistent with the criteria on the valuation declaration form. Specifically: The name of the goods declared should be the common commercial name accompanied by basic characteristics of the goods (such as: structure, constituent materials, composition, concentration, capacity, size, style, function, brand, origin) that meet the requirements and determine factors affecting and related to the determination of the taxable value of the goods.

Example: For motorcycles and cars, information such as number of seats, vehicle brand, manufacturer, country of manufacture, style, engine displacement, model, other codes must be provided.

a.2) Unit of measurement: Must be clearly quantified according to appropriate units of measurement suitable for the nature of the goods (such as: m, kg), in cases where it cannot be clearly quantified (such as: box, carton), equivalent conversion must be performed (such as: how many boxes in a carton, how many kg in each box). The unit of measurement must be consistent with the unit of measurement of goods with the same commodity code as stipulated in Circular No. 156/2011/TT-BTC dated November 14, 2011, issued by the Ministry of Finance on the issuance of the List of Exported and Imported Goods of Vietnam.

a.3) In cases where the name of the goods and the unit of measurement are not specifically and clearly declared, or cannot be quantified as prescribed above, the customs declarant must provide additional clear information about the goods. If the customs declarant does not provide additional information as required by the customs authority or provides incomplete additional information, it will be handled according to the provisions of Subparagraph a.1, Point a, Clause 2 of this Article.

b) Verify the accuracy of the documents (such as: mathematical calculations); the honesty and consistency of the content among the documents in the customs declaration file (such as: comparing and cross-referencing the terms of the contract); comparing and cross-referencing the contents of the commercial invoice with the sales contract; comparing and cross-referencing the declarations on the valuation declaration form with the relevant documents in the customs declaration file.

c) Verify the appropriateness of the documents related to the determination of the taxable value.

d) Verify compliance with the principles and methods for determining the taxable value as prescribed in Decree No. 40/2007/NĐ-CP, Circular No. 205/2010/TT-BTC, and this Circular; the conditions for application and the sequence of methods used to determine the declared value.

e) Verify the declared price: The customs authority compares and cross-references the declared price with the price database at the time of valuation verification.

The price database used for verifying the declared value consists of price data collected, updated, and used in accordance with the regulations set forth in the Regulation on the Construction, Management, and Use of Price Databases.

2) Handling of Inspection Results:

a) Reject the declared value, determine the taxable value, and issue the Taxable Value Notification (Form No. 4 attached to this Circular), while handling according to the law based on the nature and degree of violation when the customs authority discovers any contradiction regarding procedures and documents; concerning the principles and sequence of applying the methods to determine the taxable value (hereinafter referred to as contradictions regarding procedures and documents). Contradictions regarding procedures and documents include:

a.1) The declarant is required to provide additional information about the name of goods and unit of measurement but the declarant does not declare or declares incompletely;

a.2) There is a contradiction in the content between the documents in the customs declaration file submitted or presented by the declarant to the customs authority, and there is a basis to determine that the declarant has not honestly declared the contents related to the determination of the value;

Example: There is a difference in the description of goods between the commercial invoice and the sales contract.

a.3) The customs declaration file is inconsistent with the relevant documents;

a.4) Failure to declare or declaring incompletely and inaccurately the factors of the transaction affecting the value (for example: failure to declare adjustment additions, adjustment deductions, conditions regarding disposal rights, special relationships);

a.5) Incorrectly applying the principles, sequence, and content of the methods to determine the taxable value as prescribed in Circular No. 205/2010/TT-BTC;

a.6) Not satisfying one of the conditions for applying the methods to determine the taxable value as prescribed in Circular No. 205/2010/TT-BTC;

Example: The declarant does not satisfy the condition regarding disposal rights or use of goods after importation when applying the transaction value method; does not satisfy the time condition when selecting identical or similar goods for the transaction value method of imported identical or similar goods.

b) Handle cases with suspicious signs:

b.1) In cases where there are no suspicious signs regarding the price, but there are suspicious signs regarding procedures and documents, and the declarant has paid the tax according to the declared price, then clearance or release of goods may be granted, but the customs authority must transfer the file and suspicious signs for handling in accordance with Article 27 of this Circular.

b.2) In cases where there are suspicious signs regarding the price except for the suspicious sign mentioned in sub-item b.4.7 of this point, and there are suspicious signs or no suspicious signs regarding procedures and documents, handle as follows:

b.2.1) For goods listed in the Import Goods Valuation Risk List and enterprises engaged in export and import activities rated as very high risk enterprises or enterprises with less than 365 days of export and import activities as stipulated in Article 18 of Circular No. 175/2013/TT-BTC: The customs authority shall notify the declarant of the basis and grounds for the suspicious signs regarding the declared price, the method, and the price determined by the customs authority according to the Declaration of Suspicious Signs Regarding Declared Price (Form No. 1 issued together with this Circular).

b.2.1.1) If the declarant agrees with the price and method determined by the customs authority according to the Declaration of Suspicious Signs Regarding Declared Price, the customs authority shall issue the Determination of Value Notification (Form No. 4 issued together with this Circular), implement the tax assessment according to the determined price, and clearly record it on the customs declaration form.

b.2.1.2) If the declarant disagrees with the price and method determined by the customs authority, they must clearly state the content "request consultation" and the consultation period in the Declaration of Suspicious Signs Regarding Declared Price. The declarant is entitled to exercise their right to consult in accordance with Clause 3 of this Article and must comply with the guarantee requirements as stipulated in Point 3.2 of Clause 3 and Clause 4 of Article 25 of Circular No. 205/2010/TT-BTC.

The customs authority shall notify the declarant to implement the guarantee, the price for calculating the guarantee amount shall be determined according to the principles and methods for determining the taxable value as prescribed in Decree No. 40/2007/NĐ-CP and Circular No. 205/2010/TT-BTC, recorded in the Determination of Guarantee Amount Notification (Form No. 2 issued together with this Circular).

b.2.2) For goods listed in the Import Goods Valuation Risk List and enterprises engaged in export and import activities not rated as very high risk enterprises or not rated as enterprises with less than 365 days of export and import activities as stipulated in Article 18 of Circular No. 175/2013/TT-BTC, and have paid the tax according to the declared price, clearance or release of goods may be granted, but the customs authority must transfer the file and suspicious signs for handling in accordance with Article 27 of this Circular.

b.2.3) For goods not listed in the Catalogue of Import Commodities with Risk of Undervaluation, if the declarant has fully paid the tax at the declared price, such goods may be cleared for importation or release from customs control, but the customs authority must transfer the file and suspicious signs to handle according to the provisions of Article 27 of this Circular.

b.3) In cases where there are suspicious signs regarding the declared price as stipulated in sub-item b.4.7 of this point, or where there are suspicious signs or contradictory non-suspicious signs concerning procedures and documents, and the declarant has fully paid the tax at the declared price, such goods may be cleared for importation or release from customs control, but the customs authority must transfer the file and suspicious signs to handle according to the provisions of Article 27 of this Circular.

b.4) Imported goods shall be considered as having suspicious signs regarding the declared price when they fall under any of the following circumstances:

b.4.1) The declared price of imported goods is lower than the reference price of identical or similar goods included in the Catalogue of Import Commodities with Risk of Undervaluation.

b.4.2) The declared price of imported goods is lower than the lowest taxable price of identical or similar goods determined by the customs authority or lower than the lowest declared price of identical or similar goods (excluding those in the scope of suspicious signs) that have been cleared for importation based on the declared price.

Identical or similar goods used for comparison are those exported to Vietnam on the same day or within a period of 60 days before or after the export date of the goods being checked for valuation. If identical or similar goods cannot be found within the aforementioned time frame, the time period may be extended but not exceeding 90 days before or after the export date of the goods being checked for valuation.

b.4.3) The declared price of imported goods is lower than or equal to the declared price of the main component parts of the same type of imported goods; or lower than or equal to the declared price of the main raw materials constituting the finished product imported, converted to the same purchasing conditions as the consignment being checked for valuation.

The time period for selecting data shall be implemented according to the provisions of sub-item b.4.2 of this point.

b.4.4) The declared price of imported goods is lower than the price collected by the customs authority from various information sources as stipulated in Clause 2, Article 23 of this Circular, converted to the same purchasing conditions as the consignment being checked for valuation.

b.4.5) The declared price of imported goods includes discount factors, wherein the declared price after deducting the discount amount is lower than the price of identical or similar goods in the price database.

b.4.6) In cases where identical or similar goods cannot be found for comparison and checking the declared price according to Circular No. 205/2010/TT-BTC, the following shall apply:

b.4.6.1) Imported goods with multiple accompanying features can be compared with goods of the same type with basic features already present in the price database.

b.4.6.2) Imported goods with higher quality grades can be compared with goods of the same type with lower quality grades already present in the price database.

b.4.6.3) Imported goods bearing the same brand and originating from developed countries or regions can be compared with goods of the same type from developing countries already present in the price database.

The time period for selecting data shall be implemented according to the provisions of sub-item b.4.2 of this point.

b.4.7) Imported goods with a declared price higher than 15% compared to the price in the price database.

The time period for selecting data shall be implemented according to the provisions of sub-item b.4.2 of this point.

c) Clearing for importation based on the declared price after the declarant has fully paid the tax for cases not covered by sub-items a and b of this point. The customs authority shall conduct post-clearance verification according to regulations.

3) Consultation:

3.1) Consultation case: A case where there is suspicion about the declared price but the declarant has not agreed with the price and the method of determining the taxable value specified by the customs authority as provided in sub-item b.2.1.2 of Clause 2 of this Article.

The Director of the Provincial or Municipal Customs Department decides to consult for goods listed in the Catalogue of Import Commodities with Risk of Undervaluation which have suspicious signs regarding the declared price, but the declared price is not more than 10% lower than the price in the price database at the time of inspection.

3.2) Form of consultation: Direct consultation.

3.3) Authority to consult:

3.3.1) The Director of the Provincial or Municipal Customs Department organizes consultation activities and bears full responsibility for the effectiveness of consultation work at the unit.

3.3.2) Based on actual circumstances, management capacity, and distance between the Branch and the Department, the Director of the Provincial Customs Department may delegate the Branch Director to conduct consultations for goods required to undergo consultation, provided that the effectiveness of the consultation and valuation work at the Branch is ensured.

3.4) Preparation for consultation:

3.4.1) Declarant: Prepare files and documents as prescribed in Article 12 of Circular No. 128/2013/TT-BTC, relevant data to clarify the accuracy of the declared price. Appoint an authorized representative to participate in consultation at the time specified in the Notification of Suspicious Signs of Declared Price.

3.4.2) Customs authority: Schedule consultation time upon request of the declarant, prepare relevant data to clarify suspicious signs during consultation.

3.5) Conducting consultation:

Based on the prepared files, documents, and relevant data, the enterprise proves and explains contents related to the declaration of import transaction elements, declared price, basis, and method of determining the taxable value of the enterprise.

The customs authority clarifies suspicious signs regarding the file and declared price. Questions and answers during consultation must be recorded truthfully in the consultation record. Based on the enterprise's responses and price data, the customs authority clearly states "taxable value based on declared price" or "reject declared price," and records the proposed taxable value in the consultation record. The enterprise participating in consultation records their agreement or disagreement with the taxable value determined by the customs authority in the consultation record. All parties involved in consultation must sign the consultation record.

3.6) Time limit for completing consultation and determining the taxable price: Maximum 30 days from the date of declaration registration.

3.7) Handling the results of consultation:

3.7.1) In cases where the declarant agrees with the taxable price determined by the customs authority, the customs authority shall record "reject the declared price" in the consultation minutes, issue a Notice of Taxable Value, and implement tax assessment according to regulations if any of the following situations occur:

a) During the consultation, the customs authority discovers inconsistencies in procedures and documents.

b) The declarant declares inaccurately matters related to the determination of the dutiable value:

b.1) Information obtained by the customs authority through other investigative measures confirms that the declared price is inaccurate.

b.2) Information provided by the declarant after inspection is inaccurate, or the submitted documents are forged or illegal.

3.7.2) The customs authority shall clearly record "the taxable value based on the declared price" in the consultation record, issue the Notice of Taxable Value, and simultaneously transfer the file and suspicious signs for handling in accordance with Article 27 of this Circular if it falls under any of the following circumstances:

a) The customs authority does not have sufficient grounds to reject the declared price or has sufficient grounds to reject the declared price but the declarant does not agree with the dutiable value determined by the customs authority;

b) The declarant does not participate in the consultation at the time specified in the Notice of Suspicious Signs of Declared Price;

c) After the deadline for requesting information, the declarant fails to provide the information, documents, and evidence as notified by the customs authority.

3.7.3) In addition to the cases stipulated in point 3.7.1 and point 3.7.2 of this clause, the customs authority shall levy tax based on the declared price and issue the Notice of Taxable Value.

3.7.4) Immediately after the conclusion of the consultation or on the next working day following the consultation, the Provincial Customs Department (in the case of consultation at the department level) or the Customs Sub-department (in the case of consultation at the sub-department level) shall issue the Notice of Taxable Value.

The provisions on the determination of tax and payment of the determined tax amount shall be implemented in accordance with Circular No. 128/2013/TT-BTC dated September 10, 2013, issued by the Ministry of Finance, regarding customs procedures; customs inspection and supervision; export duties, import duties, and tax management for exported and imported goods.

3.8) All documents and files related to the consultation must be stored together with the customs file.

7. Clause 2 of Article 27 shall be amended and supplemented as follows:

"Article 27. Post-clearance valuation verification

2) For post-clearance verification forces:

2.1) Cases for verification:

2.1.1) At the customs office premises: For customs declarations, exported and imported goods that have been cleared within 60 days from the date of clearance to the date of verification notice, specifically:

a) Exported and imported goods listed in the Risk Management Directory for Valuation with suspicion and not subject to consultation as prescribed in Articles 22 and 24 of this Circular;

b) Exported and imported goods not listed in the Risk Management Directory for Valuation with suspicion.

2.1.2) At the enterprise premises:

a) Post-clearance verification for cases transferred from post-clearance verification at the customs office premises; cases with suspicion about declaration documents or declared prices transferred by business units; cases that have undergone consultation but still raise suspicion about declaration documents or declared prices transferred by the consulting unit;

b) Planned post-clearance verification to assess the compliance with laws of enterprises;

c) Post-clearance verification for cases showing signs of violation regarding valuation collected through post-clearance verification or assessed based on risk level by commodity, exporter, or importer;

d) Specialized post-clearance verification on valuation directed by the head of the superior customs office.

2.2) Verification principles: Apply risk management methods to select the subjects, scope, content, and form of verification.

2.3) Valuation verification:

2.3.1) Verification of export goods' value:

2.3.1.1) Verification at the customs office premises:

a) Content of verification: Implemented according to Clause 1 of Article 22 of this Circular.

Conduct concentrated verification to clarify suspicions about declaration documents and declared prices. The content of verification must be fully and truthfully recorded in the verification report.

Upon completion of verification, based on the working content between the customs office and the enterprise, the enterprise's explanation, and price information data: Two or more verification officers must prepare a verification report. If the enterprise refuses to sign the verification report, the preparer of the report must clearly record the reason for refusal.

b) Handling of verification results:

b.1) Reject the declared dutiable value for exported goods if, after verification, the customs authority discovers any of the following violations:

b.1.1) Contradictions in declaration documents such as contradictions among the contents of the sales contract; contradictions in the contents of declaration documents within the customs declaration; contradictions between the customs declaration and related documents, files, and materials;

b.1.2) Illegal customs declarations and supporting documents;

b.1.3) Information obtained by the customs authority through operational measures confirms that the declared price of exported goods is inaccurate;

b.1.4) Exceeding the deadline for explanations without the enterprise attending, providing explanations, or clarifying the customs authority's doubts (such as the rationality of the declaration documents; the rationality of the declared price and the price of identical or similar exported goods; the enterprise's explanations contradicting the customs declaration);

b.1.5) Exceeding the deadline for providing required documents, supporting documents, and materials as requested by the customs authority.

b.2) The customs authority shall determine the dutiable value based on the principles and methods of determining the dutiable value stipulated in Decree No. 40/2007/NĐ-CP, Circular No. 205/2010/TT-BTC, and the most recent source of information closest to the date of the export declaration of the goods being valued among the sources of information specified in Clause 2 (excluding Point 2.1.8) of Article 21 of this Circular. The determined price shall not be lower than the reference price in the Risk Management Directory for Export Goods Valuation. In case the determined price is higher than the lowest price of identical or similar exported goods at the same time, the taxable price shall be the lowest price of identical or similar exported goods after conversion to the same purchasing conditions.

b.3) Accept the declared price of the enterprise if the verification results do not fall under the cases mentioned in Subparagraph b.1 of this point.

For cases where there are still doubts about the declared price, doubts about declaration documents and supporting documents; cases where the enterprise does not agree with the content of the verification results of the customs authority, post-clearance verification at the enterprise premises shall be conducted.

2.3.1.2) Verification at the enterprise premises:

a) Inspection Content:

Based on existing documents, materials, and information, the post-clearance verification force requests the enterprise to provide relevant supporting documents, explain, and clarify contents related to the declaration of export goods' price:

a.1) Compare the declared price with the reference price in the Risk Management Directory for Export Goods Valuation;

a.2) Verify the consistency of the contents in the sales contract;

a.3) Verify the consistency between documents in the customs declaration, between the customs declaration and related documents, files (such as accounting documents; documents provided by other organizations or individuals; documents collected by the customs authority).

b) Handling of verification results:

b.1) Reject the declared dutiable value for exported goods if, after verification, the customs authority discovers any of the following violations:

b.1.1) The contents of the sales contract are inconsistent;

b.1.2) There are contradictions in declaration documents such as contradictions in the contents of declaration documents within the customs declaration; contradictions between the customs declaration and related documents, files, and materials;

b.1.3) Illegal customs declarations and supporting documents;

b.1.4) Failing to provide or providing incomplete documentation, certificates, and materials as required by the customs authority during the inspection period.

b.2) The customs authority shall base on the principles and methods for determining the dutiable value prescribed in Decree No. 40/2007/NĐ-CP, Circular No. 205/2010/TT-BTC, and the most recent information available compared to the date of declaration of the export goods' declaration form among the sources of information specified in Clause 2 (excluding Point 2.1.8) of Article 21 of this Circular to determine the dutiable value. The determined price shall not be lower than the reference price in the List of Export Goods at Risk of Valuation. In cases where two identical or similar export goods prices can be determined simultaneously, the dutiable price shall be the lowest price of the identical or similar export goods after adjusting to the same sales conditions.

2.3.2) Inspection of import goods' valuation:

2.3.2.1) Inspection at the customs office premises:

a) Inspection Content:

Based on the documents, materials, and existing information, the post-clearance inspection force requests the enterprise to provide relevant certificates and documents, explain, and clarify contents related to declared valuation such as: import transaction factors; declared price; the valuation method used by the enterprise.

Conduct concentrated verification to clarify suspicions about declaration documents and declared prices. The content of verification must be fully and truthfully recorded in the verification report.

Upon completion of verification, based on the working content between the customs office and the enterprise, the enterprise's explanation, and price information data: Two or more verification officers must prepare a verification report. If the enterprise refuses to sign the verification report, the preparer of the report must clearly record the reason for refusal.

b) Handling of verification results:

b.1) Rejecting the declared price and determining the dutiable value in the following cases:

b.1.1) During the inspection process, inconsistencies in procedures and customs documents as stipulated in Point a Clause 2 Article 24 of this Circular are discovered;

b.1.2) The enterprise declares inaccurately the contents related to the determination of the dutiable value:

b.1.2.1) The exporter or the representative of the exporter has confirmed that the declared price does not match the actual purchase-sale situation;

b.1.2.2) Information obtained by the customs authority through other investigative measures confirms that the transaction value is inaccurate;

b.1.2.3) Information provided by the enterprise after inspection is inaccurate, or the provided certificates and documents are forged or illegal.

b.1.3) The enterprise fails to explain or the explanation is not accepted regarding the accuracy of the contents related to the determination of the dutiable value:

b.1.3.1) After the deadline for explanation, the enterprise does not come to explain;

b.1.3.2) After the deadline for provision, the enterprise cannot provide or provides incomplete information, documents, and certificates as notified by the customs authority;

b.1.3.3) The enterprise fails to explain or prove the doubts raised by the customs authority (such as: the rationality of the documents; the declared price or special relationships affecting the transaction value; the enterprise's responses contradict the customs documents; contradictions between the documents, certificates, and materials declared or presented by the enterprise; the rationality of the declared price with the prices of identical or similar items in the price database).

The customs authority applies the methods for determining the dutiable value as prescribed from Article 13 to Article 19 Section II Chapter II of Circular No. 205/2010/TT-BTC.

b.2) Accepting the declared price of the declarant if the inspection results do not fall under the cases mentioned in Subsection b.1 of this point.

b.3) For cases where there are still doubts about the declared price, doubts about the documents, certificates; cases where the enterprise has not agreed with the inspection results of the customs authority, post-clearance inspection at the enterprise's premises shall be conducted.

2.3.2.2) Inspection at the enterprise's premises:

a) Inspection Content:

a.1) Checking the accuracy of the declared content: checking criteria on the customs declaration form, valuation declaration form such as: name of goods, unit of measurement. This inspection is carried out according to the provisions of Point a Clause 1 Article 24 of this Circular;

a.2) Checking the accuracy of the documents such as mathematical calculations; checking the consistency between certificates in the customs documents, between customs documents and accounting records; between customs documents and certificates, materials related to the determination of the dutiable value (such as: accounting certificates; certificates provided by other organizations or individuals, certificates collected by the customs authority);

a.3) Checking the accuracy of the payment of the import goods' value such as: matching between accounting certificates, bank certificates with contracts, commercial invoices, other payments;

a.4) Checking compliance with the principles and methods for determining the dutiable value, applicable conditions, and the sequence of methods used to determine the declared value;

a.5) Checking and comparing the declared price with the price data at the time of inspection, with the declared prices of identical or similar items already accepted by the customs authority;

a.6) Checking other emerging contents.

b) Handling the inspection results: Implemented according to the provisions of Point a Clause 2 Article 24; the provisions of Subsection b1, b2 Point 2.3.2.1 of this Article.

c) The customs authority applies the methods for determining the dutiable value as prescribed from Article 13 to Article 19 Section II Chapter II of Circular No. 205/2010/TT-BTC.

Post-clearance inspection concerning valuation for exported and imported goods shall be carried out in accordance with the regulations on post-clearance inspection and the regulations on determining the dutiable value.

8. Replace the phrases and templates in Circular No. 205/2010/TT-BTC as follows:

8.1) Exported goods: Replace the phrase "List of export goods managed at risk level Cục" with "List of export goods at risk of valuation";

8.2) Imported goods: Replace the phrases "List of import goods managed at risk level Cục" and "List of import goods managed at risk level General Department" with "List of import goods at risk of valuation";

8.3) Replace Model No. 1, Model No. 2, and Model No. 4 issued together with Circular No. 205/2010/TT-BTC with Model No. 1, Model No. 2, and Model No. 4 issued together with this Circular and apply them to both exported and imported goods.

Article 2. Implementation

1. This Circular takes effect on April 12, 2014.

Repeal Article 26, Point 2.2 Clause 2 Article 10 of Circular No. 205/2010/TT-BTC and Model No. 3 issued together with Circular No. 205/2010/TT-BTC.

2. The provisions on the tax payment deadlines set out in Clause 2, Article 4, Clause 1, Article 11, Point 1.2.5.4 and Point 1.2.6, Clause 1, Article 14 of Circular No. 205/2010/TT-BTC dated December 15, 2010 shall be implemented in accordance with the provisions of Article 20 of Circular No. 128/2013/TT-BTC dated September 10, 2013; The preliminary determination of the customs value for exported and imported goods shall be carried out in accordance with the provisions of the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration, Decree No. 83/2013/NĐ-CP dated July 22, 2013, and Circular No. 128/2013/TT-BTC dated September 10, 2013.

3. The examples provided in this Circular illustrate a specific situation of the regulations.

4. Customs authorities, declarants, taxpayers, and other related organizations and individuals shall implement the inspection and determination of taxable value in accordance with the provisions of Decree No. 40/2007/NĐ-CP dated March 16, 2007, Circular No. 205/2010/TT-BTC dated December 15, 2010, and this Circular. In case of any difficulties arising, they should report to the Ministry of Finance (General Department of Customs) for consideration and guidance on implementation.