However, customs authorities shall examine the value declared by enterprises according to Clause 14 Article 1 of Circular No. 39/2018/TT-BTC (which amends Circular No. 39/2015/TT-BTC). If there are enough grounds to reject the declared customs value, the customs authorities shall re-determine customs value.
“Discarded products” are finished products, semi-products which fail to meet technical standards (specifications, dimension, nature, etc.) removed in the course of processing, production of goods for export and their quality is not met for export."
According to Clause 5 Article 17 of Circular No. 39/2015/TT-BTC, with regard to redundant raw materials for processing, export production given by the foreign party, there is no sale contract or commercial invoice, and therefore enterprise may itself declare value on the declaration of transfer of use purpose.
However, if there is evidence proving that the declared value is unconformable, the customs authority shall determine the customs value.
In principle, enterprises shall declare and carry out customs valuation themselves and take legal responsibility for the accuracy and honesty of the declaration and the result of customs valuation.
The customs authority shall perform such tasks as inspection, rejection of declared value, determination of tax according to Clause 1, Clause 3 Article 25 of Circular No. 38/2015/TT-BTC, Clause 3 Article 6 of Circular No. 39/2015/TT-BTC and Clause 1 Article 39 of the Law on tax administration.
According to Article 4 of Circular No. 39/2015/TT-BTC, the customs value of exported goods is the selling price of the goods at exporting checkpoint exclusive of international insurance cost (I), international freight cost (F).
Thus, cost which shall be subtracted from value of exported goods only includes international insurance cost (I) and international freight cost (F) rather than including cost of bonus/fine - in other words, the cost of bonus/fine related to exported goods is still subject to duty.
1. Discount according to the commercial level of the goods sale transaction;
2. Discount according to the sales;
3. Discount according to the form and time of payment.
Accordingly, if an enterprise is given a discount on imported goods by a seller but the discount does not belong to the above – mentioned types of discount, such discount shall not be subtracted upon the determination of customs value - in other words, it shall be still subject to import duty.
In addition, if the application for consideration for the discount fails to comply with the requirements specified in point d.2 clause 2 Article 15 of Circular No. 39/2015/TT-BTC, it shall not be accepted.
Accordingly, milk manufacturers and importers shall carry out procedures for price registration while the price registration is made mandatory by the State for the purpose of price stabilization. Registered prices are the recommended retail prices.
During the time other than the period over which the price registration is made mandatory by the State or with regard to functional food traders, the procedures for price registration shall not be carried out but the procedures for declaration of recommended retail prices are required.
This Circular takes effect from August 10th, 2017.
- To provide more guidelines on the new regulations on price registration and declaration which are amended, supplemented in Decree No. 149/2016/ND-CP (Clause 1 Article 1).
- With regard to shops that are not entitled to decide prices (they sell goods at the set prices), they are not required to make the price registration, declaration but have to notify in writing that they are not entitled to decide prices to Services of Finance, line departments and People’s Committees of districts (Clause 5 Article 1). Under the earlier provisions, this regulation was only provided for branches and agents.
- In case of discount declaration, the organization or individual engaging business shall offer the discounts immediately, and concurrently send a document to the receiving authority (Clause 6 Article 1)
- Organizations and individuals have the right to purchase and sell goods and services at the declared prices from the date of making price declaration stated in price declaration document. Under the earlier regulations, they must wait for 5 days after the price declaration (Clause 7 Article 1).
- It is allowed increasing or decreasing goods or service prices up to 5% compared to the most recently declared prices instead of 3% under the earlier regulation (Clause 7 Article 1).
This Circular takes effect from January 1st, 2017.
- It is only allowed to set up the price stabilization fund for gas and oil products. Under the earlier provisions, the price stabilization fund is also set up for electricity and paddy, rice
- To adjust the competence to receive and review the price registration forms for milk for children under 06 years of age. Accordingly, the competence is transferred from the Ministry of Finance (or Services of Finance) to the Ministry of Industry and Trade (or Services of Industry and Trade)
- To allow the Ministry of Industry and Trade to determine specific price, maximum price, minimum price, price bracket for milk items, the Ministry of health to determine price of curative medicine.
- To add goods and services subject to the price declaration, including: denatured etanol; liquefied natural gas (LNG); compressed natural gas (CNG); railway transport operating services.
- To adjust the competence to declare prices of these items: air fares, aviation services (from the Ministry of Finance to the Ministry of Transport); functional food for children below 06 years of age (from the Ministry of Finance to the Ministry of Industry and Trade).
- Regarding deadline for carrying out the price declaration, it is only required to be taken place before the price determination, price adjustment instead of having to be taken place at least 5 days before the price determination, price adjustment.
This Decree takes effect from January 1st, 2017.
To annul Clause 3 Article 3, point e Clause 2 Article 7 of Decree No. 177/2013/ND-CP dated November 14th, 2013.