red-check Amendments to regulations on customs declaration and valuation

Decree No. 59/2018/ND-CPstatus2 dated April 20th, 2018 of the Government on amendments to some articles of the Decree No. 08/2015/ND-CPstatus2 dated January 21, 2015 of the Government providing specific provisions and guidance on enforcement of the customs Law on customs procedures, inspection, supervision and control procedures
Posted: 26/4/2018 7:34:09 AM | Latest updated: 20/8/2022 11:07:58 AM (GMT+7) | LuatVietnam: 4453 | Vietlaw: 366

This Decree is to amend, supplement to the provisions relating to customs declarants, entities required to follow customs procedures, priority given to enterprises, procedures for pre-determination of goods codes, bases for determination of value of exports, bases for inspection of manufacturing or production facilities of exports, etc.

Accordingly, one of the new noticeable points of this Decree is to allow the authorization of customs declaration with regard to goods imported for executing an investment project exempted from tax.

In addition, according to Clause 4 Article 1 of this Decree, it is exempt from customs procedure for items on the outbound, inbound and in-transit vehicles.

With regard to enterprises which are given priority given, they shall be exempted from inspection after completing customs clearance at the customs authorities’ offices, except the case stipulated in Clause 1, Article 78 of the Law on Customs.

Regarding “selling price” to be used as the basis for calculation of customs value of exports, it shall be determined according to the following methods: (a) the selling price stated in the sale contracts or commercial invoices; (b) the selling price of the identical or similar exported goods in the customs database; (c) the selling price of identical or similar exported goods, which are sold in the market of Vietnam; (c) the selling price collected by the customs authority.

In case enterprises request the pre-determination of codes of goods, they shall submit the application for pre-determination of codes within at least 60 days before the export or import.

Regarding inspection of manufacturing or production facilities of exports, this Decree adds some new cases subject to the inspection, such as: Import the commodities for processing, manufacturing exported products for the first time; there are changes in address, scale, and manufacturing capability without notifying customs authority; hiring the entire processing of goods for export, etc.

This Decree takes effect from June 5th, 2018.

Xem Văn bản hợp nhất số 24/VBHN-BTC ngày 11/7/2018.
Xem Văn bản hợp nhất số 46/VBHN-BTC ngày 26/9/2019.
Amendement notes
The phrase "tập trung như" at point 3 Clause 2 Article 1 of this Decree shall be abrogated from August 10th, 2020, according to the regulations at Decree No. 67/2020/ND-CP dated June 15th, 2020.

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Effective Date 5-Jun-2018
ExpiredDate Unknown
Published Vietlaw's Newsletter No. 366

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