Transaction value method 2024
2.1.1. Transaction value is the actual price paid or to be paid for imported goods after being adjusted according to regulations plus adjustments, deductions and license royalties.
2.1.2. The actual price paid or will have to be paid for imported goods is the total amount that the buyer has paid or will have to pay, in the form of direct payment or indirect payment to the seller to purchase the goods. imported goods, including the following:
a) Purchase price stated on the commercial invoice;
b) Amounts that the buyer must pay but are not included in the purchase price stated on the commercial invoice, including:
b.1) Amounts paid or to be paid (for example: prepayment, advance payment for goods, deposit for production, purchase, transportation, and insurance of goods);
b.2) Indirect payments to sellers.
c) Plus adjustments and minus adjustments as prescribed in Article 13, Article 14 and Article 15 of Circular 39/2015/TT-BTC (amended in Circular No. 60/2019/TT-BTC ).
2.1.3. Transaction value is applicable if the following conditions are met:
a) The buyer is not restricted in the right to dispose or use the goods after import, except for the following restrictions:
a.1) Restrictions prescribed by Vietnamese law such as: Regulations that imported goods must be labeled in Vietnamese, imported goods are subject to conditions, or imported goods must be subject to a form inspection before customs clearance;
a.2) Restrictions on where goods are consumed;
a.3) Other restrictions do not affect the value of the goods. These restrictions are one or more factors that are directly or indirectly related to the imported goods, but do not increase or decrease the price actually paid or to be paid for those goods.
For example: Car sellers require car buyers not to sell or display imported cars before introducing this car model to the market.
b) The price or sale does not depend on conditions or payments which, because they do not determine the value of the goods subject to customs valuation.
For example: The seller sets the selling price of imported goods on the condition that the buyer will also buy a certain quantity of other goods; The price of imported goods depends on the price of other goods purchased with the imported goods.
In cases where the purchase or sale of goods or the price of goods depends on one or several conditions, but the buyer has objective documents to determine the monetary impact of that dependence, it is still considered a has met this condition; When determining customs value, the amount must be adjusted due to the influence of that dependence on the transaction value.
c) After reselling, transferring or using imported goods, except for the additional amount specified in Point e, Clause 2, Article 13 of Circular 39/2015/TT-BTC (amended in Circular No. 60/ 2019/TT-BTC)., the buyer does not have to pay any additional money from the proceeds resulting from the disposal of imported goods.
d) The buyer and seller do not have a special relationship or if they do, that special relationship does not affect the transaction value according to regulations.
2.1.4. In case the imported goods are machinery and equipment with imported control and operating software attached: customs value is the transaction value of the imported machinery and equipment and control and operating software.
a) In case the control and operating software is recorded and stored in intermediate media to be installed on machinery and equipment after import:
a.1) In case the value of the control and operating software is separate from the value of the intermediate means, the customs value is the transaction value of imported machinery, equipment and control and operating software. exports, excluding the value of intermediate means. The way to determine the value of intermediate means is as prescribed in Clause 2.1.5 below;
a.2) In case the value of the control and operating software is not separate from the value of the intermediate means, the customs value is the transaction value of the machinery, equipment and control and operating software imports, including the value of intermediate means.
b) Cases where the value of imported control and operating software is not added to the customs value of machinery and equipment:
b.1) Control and operation software imported to upgrade or replace the control and operation software imported for the first time has been added to the value of imported machinery and equipment;
b.2) Control and operation software produced in Vietnam to install on imported machinery and equipment.
c) In case the buyer must pay the cost for the right to use control and operating software to install and operate machinery and equipment, the actual amount paid for the right to use the control and operating software must be included in the value of imported machinery and equipment.
d) Declaration and inspection procedures:
d.1) In case of control and operating software imported with machinery and equipment:
d.1.1) The customs declarant determines and declares the customs value of machinery and equipment, including the value of control and operating software; Determine and declare the customs value of intermediate means (if any) on the customs declaration for import of machinery and equipment or customs value declaration (if any);
d.1.2) The customs authority checks and processes the inspection results according to the provisions of the Circular regulating customs procedures; customs supervision inspection; export tax, import tax and tax administration for exported and imported goods.
d.2) In case the control and operating software is not imported with machinery and equipment:
d.2.1) The customs declarant shall do the following:
d.2.1.1) In case the control and operating software is imported before importing machinery and equipment, the customs declarant declares and determines the value of the imported control and operating software according to regulations. At Point a of this Clause, in the "Description of goods" box, the control and operating software used for the machinery and equipment expected to be imported must be declared; In the "Commodity code" box, you must declare the commodity code of the machinery and equipment expected to be imported; Determine and declare the customs value of intermediate vehicles (if any) on the declaration of import of control and operating software. When importing machinery and equipment, in the "Details of value declaration" box of the machinery and equipment import declaration, the customs declarant must clearly state the number of the import declaration of control and operating software;
d.2.1.2) In case the control and operation software is imported after importing machinery and equipment, the customs declarant declares the code, customs value of the control and operation software, and method. intermediate facilities (if any) as specified in point d.2.1.1; In the "Details of value declaration" box, the customs declarant clearly states the number of machinery and equipment import declaration.
d.2.2) Customs authorities check documents related to the value of control software, imported operations, intermediate means (if any), declarations of customs declarants and process reasoning as follows:
d.2.2.1) In case the customs declarant declares incorrectly according to the provisions in point d.2.1, the customs authority requires the customs declarant to make additional declarations and handle violations according to regulations. If the customs declarant does not make additional declaration within 05 working days from the date of receiving the request for additional declaration, the customs authority shall determine the customs value, assess tax, and collect the full amount of tax and money. late payment, handle violations according to regulations;
d.2.2.2) In case the customs declarant declares and determines the value in accordance with the provisions of point d.2.1, the customs authority accepts the customs value determined and declared by the customs declarant himself. declare.
2.1.5. In case the imported goods are carrier media containing application software for data processing equipment, the customs value is the actual price paid or payment of the intermediate medium will be required, excluding the value of the application software if on the commercial invoice the value of the application software is separated from the value of the intermediate medium.
2.1.6. Documents to determine customs value using this method include (01 photocopy of each document):
a) Goods purchase contract, commercial invoice;
b) Documents showing a special relationship that does not affect the transaction value according to regulations;
c) Documents related to amounts payable by the buyer but not included in the purchase price stated on the commercial invoice (if this amount is available);
d) Documents related to additional adjustments (if there are additional adjustments);
d) Documents related to deductions (if there are deductions);
e) Other vouchers and documents related to customs value declared and determined by the customs declarant
