Customs valuation management – Session 3: Building appropriate management model

VCN - Customs valuation management is a specific technical field of operation that plays a key role in the management of general and taxes for goods in particular. However, through implementation, the customs valuation management system has revealed a number of problems that must to be studied and handled to further improve the efficiency of this work.
Professional activities at Bac Ninh Customs Department. Photo: T.Bình
Professional activities at Bac Ninh Customs Department. Photo: T.Bình

As a member of the World Trade Organization (WTO), Vietnam is obliged to fully implement the Agreement on Customs Valuation (referred to as the Agreement). Accordingly, Vietnam has converted the entire content of the Agreement into national legally binding documents and implemented customs value management following the international recommendations. However, up to this point, the current customs valuation management model of Vietnam Customs is revealing weaknesses compared to the development level of international trade in general and the requirements of a modern customs sector that Vietnam Customs is striving towards.

Managing customs valuation following international standards and practices

According to the Agreement, the principle of customs valuation is to properly reflect the commercial reality. Regulations on customs valuation must be transparent, easy to understand and easy to apply and the customs valuation must ensure the balance and neutrality between the interests of enterprises and the management objectives of the state. Truly reflecting the reality means that the customs valuation must be determined on the basis of real and legal documents and vouchers, with specific data on transactions and economic activities that have occurred. The WTO recommended that vouchers and documents be used to determine customs valuation must comply with standards, especially common accounting standards and regimes.

The WTO also required that regulations on customs valuation methods must be clear and included in national legislation so that anyone can read, understand and use them.

The Agreement does not stipulate the determination of customs valuation of exported goods because the WTO aims at a common ground for customs valuation, where the valuation of imported goods in the importing country corresponds to the value of goods in the exporting country, forming a closed cycle of goods circulation from the country of origin to the country of consumption.

Moreover, the clear regulation of six methods of customs valuation allows both the declarant and the customs authority to use the same method of determining the valuation, thereby making the determination of the value more transparent, preventing customs declarants from making incorrect declarations and preventing customs authorities from abusing their power and imposing customs valuation ​​on goods.

The Agreement allows the customs authority to use professional measures to check the customs valuation declaration in order to ensure that the declarant must determine and declare the correct customs valuation. The WTO recommends conducting inspection when there is enough information and a dossier to determine the value of goods so that the valuation can be determined by many methods to compare each other, identifying the exact and correct customs valuation.

For complicated cases that require a longer time to determine customs valuation, to prevent causing economic damage to enterprises and the state, the Agreement requires countries to apply a guarantee mechanism, whereby the importer pays security in cash or goods or valuable documents so that they can be withdrawn before the correct customs value is determined.

The issue of security is also mentioned in the revised Kyoto Convention of the World Customs Organization (WCO), to which Vietnam Customs is also an official member.

The Kyoto Convention was introduced in the WCO in 1971, made optional in 1973, revised in 1999 and ratified for implementation in the 2007 WCO.

For the field of customs valuation, the revised Kyoto Convention has two related contents: provisions on securities and regulations on customs inspection. Good practices of countries around the world have proved the advantage of applying securities, such as quickly allowing the release of goods from customs management area, not causing cargo congestion at import and export locations (seaports, border gates, airports); ensuring the collection of sufficient tax for the State even when the goods are no longer in ​​customs management area; reducing the possibility of enterprises fleeing immediately after the goods are cleared so that they do not have to pay additional tax amounts; and indirectly promote customs declarants to quickly respond to valuation inspection requirements, determine the correct customs valuation of goods, thereby reducing work pressure for customs officers.

Vietnam became a full member of the Revised Kyoto Convention in 2007 and a full member of the WTO since 2008.

The actual implementation of Vietnam Customs up to now

Within the framework of Vietnam's obligations when implementing the Vietnam-US Trade Agreement 2000, since 2002, Vietnam Customs started implementing each content of the Agreement. In 2007, after officially becoming a member of the WTO, Vietnam fully implemented all the contents specified in the Agreement. Methods of determining the customs valuation of imported goods are incorporated into provisions in Decree 40/2007/ND-CP of the Government and Circular 205/2010/TT-BTC of the Ministry of Finance. The regulations on determination and declaration of customs valuation are stable up to now.

The customs declarant is obliged to self-determine and self-declare the customs valuation of import-export goods and customs authority is responsible for checking and declaring on the basis of customs dossiers and documents of the value of goods. In case the customs declarant fails to declare the value or declares the incorrect value of the goods, customs authority shall determine the valuation and impose tax on the goods.

The inspection of customs valuation in clearance is specified through declarations and value consultation activities. For customs declarations that have not been checked for customs valuation in clearance or have doubts about customs valuation but, violations have not been detected in the stage of clearance, customs authority shall apply post-clearance value inspection. In order to improve the efficiency of valuation inspection, focusing on customs declarations with high potential for violations, the value inspection during clearance and post-clearance audit is applied selection of inspection following risk management principles.

Through the process of implementing customs valuation management following the principles of the WTO and the Revised Kyoto Convention, under the pressure of the development of international trade, the customs valuation management model began to reveal weaknesses that directly affect management efficiency. If the extent and the volume of valuation inspection in clearance are too large, this slows down cargo clearance. Furthermore, it is the determination of customs valuation in clearance in the absence of information. It is the thorough application of risk management tools to select inspection subjects at all stages of management, during the stage of clearance and post clearance audit.

Vietnam needs a suitable model

According to a representative of the Import-Export Duty Department, to simplify administrative procedures and facilitate customs declarants, Vietnam Customs has determined that by 2030, the system of legal documents stipulating customs valuation management will be improved towards further improving compliance with international commitments including the revised Kyoto Convention and Agreement. In particular, the orientation of the customs valuation management model is consistent with the Customs Development Strategy, Digital Customs, and Smart Customs.

Completing the provisions of the legal documents (Customs Law) to synchronize customs valuation, in order to ensure that all import and export goods in all forms and types are determined following the principles of customs valuation; simplify the customs valuation inspection in clearance to facilitate and accelerate the implementation of customs procedures; apply measures to secure customs valuation; and focus on checking the customs valuation at post clearance audit.

In addition, Vietnam Customs aims to amend and supplement regulations on valuation inspection when carrying out customs procedures, to ensure compliance with Digital and Smart Customs; continue to simplify administrative procedures and methods of determining the customs valuation of import and export goods; stipulating the responsibility for providing information and relationships between units under the Ministry of Finance to meet the digital and smart customs models; develop processes and regulations for collecting, updating and exchanging information in the Finance and Customs sector, checking the value during clearance and post clearance audit; the process of transferring professional information between the stages of customs valuation management; process of information processing, risk assessment of customs valuation for goods and enterprises; the application of risk management techniques in customs valuation management; regulations and internal rules in the performance of customs valuation management operations; and regulations on training, rotation and use of customs officers who are experts in customs valuation management.

Furthermore, by 2025, Vietnam Customs will consolidate the organization of the 3-level customs valuation management structure in a streamlined and intensive manner; regional/provincial and city-level valuation management units and general department-level valuation management units are responsible for guiding customs units across the country on customs valuation of goods upon arising problems. By 2030, focusing on valuation management at regional/provincial, city and general department levels; consolidating specialized organizational structure which in charge of analyzing and determining key risks on customs valuation to take as a basis for applying appropriate customs value inspection.

Vietnam Customs will apply artificial intelligence (AI) technology, big data (Bigdata), business intelligence (BI) in comparing, contrasting and checking the declared value with the reference price range to identify risk cases that require direct value testing. Applying information storage technology to connect all professional stages in the customs procedure process to ensure transparency and that valuation inspection is fully automated. At the same time, automatically setting up and putting into use the list of goods and enterprises at risk in valuation; automatically warning about risks in terms of value to select goods, enterprises are included in the value inspection during clearance or post clearance audit.

In particular, the goal by 2025 is to select, train and build a team of professional staff on customs valuation at all levels. In particular, the rotation of officers specialized in customs valuation must ensure that those customs officers are still working in the field of post-clearance audit and specialized inspection of valuation.

By Nụ Bùi/Thanh Thuy

Related News

New Steering Committee to spearhead Customs Reform and Modernization

New Steering Committee to spearhead Customs Reform and Modernization

VCN - The General Department of Vietnam Customs has taken a decisive step toward transforming Vietnam's customs sector with the establishment of the Customs Reform and Modernization Steering Committee. The newly formed body is tasked with crafting strategies and guiding the sector's short-, medium-, and long-term reform and modernization efforts.
Hanoi Customs resolves tax policy queries for enterprises

Hanoi Customs resolves tax policy queries for enterprises

VCN - Queries regarding customs consultation procedures and tax refunds due to price reduction clauses were addressed by the Hanoi Customs Department, providing clarity for businesses.
Implementing the SAFE framework in Vietnam: Assessment through the lens of international standards

Implementing the SAFE framework in Vietnam: Assessment through the lens of international standards

VCN - In June 2005, the World Customs Organization (WCO) developed and adopted the SAFE Framework of Standards to Secure and Facilitate Global Trade. The SAFE Framework plays a crucial role in encouraging countries to modernize, enhance security, and facilitate trade within global supply chain management and Authorized Economic Operator (AEO) programs. This approach introduces a comprehensive method for cross-border goods management and promotes closer cooperation between Customs, businesses, and stakeholders. The Customs News presents a two-part series on implementing the SAFE Framework in Vietnam.
Solutions to prevent or fraud of origin and geographical indication violations

Solutions to prevent or fraud of origin and geographical indication violations

VCN - The Customs Magazine recently interviewed Nguyen Van Hoan, Deputy Director of the Anti-Smuggling and Investigation Department (General Department of Vietnam Customs), to discuss solutions for combating tax evasion, fraud of origin and geographical indication violations in the coming period.

Latest News

Southern Customs contributed many practical contents on customs supervision and control procedures

Southern Customs contributed many practical contents on customs supervision and control procedures

VCN - The contents related to the articles and clauses of the draft Decree amending and supplementing Decree 08/2015/ND-CP and the circulars have been specifically commented on by Southern Customs units based on practical experience.
Over 300 Southern enterprises attend workshop to provide feedback to the General Department of Vietnam Customs

Over 300 Southern enterprises attend workshop to provide feedback to the General Department of Vietnam Customs

VCN - On November 21, 2024, more than 300 enterprises from Southern Vietnam with significant import-export (I/E) volumes participated in a workshop held in Ho Chi Minh City. The event, organized by the General Department of Vietnam Customs, sought feedback on the draft decree amending and supplementing Decree No. 08/2015/ND-CP dated January 21, 2015, and the draft circular amending and supplementing Circular No. 38/2015/TT-BTC dated March 25, 2015, and Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.
Appointment of new Directors for the Customs Reform and Modernization Board and Anti-Smuggling and Investigation Department

Appointment of new Directors for the Customs Reform and Modernization Board and Anti-Smuggling and Investigation Department

VCN - On November 21, 2024, at the headquarters of the General Department of Vietnam Customs, Director General Nguyen Van Tho presided over the ceremony to announce the appointment of new leaders for the Customs Reform and Modernization Committee and the Anti-Smuggling Investigation Department.
Binh Duong Seaport Customs Branch supports and facilitates enterprises

Binh Duong Seaport Customs Branch supports and facilitates enterprises

VCN – Binh Duong Seaport Customs Branch (Binh Duong Customs Department) upgrades technology and modern equipment, creating conditions for businesses to clear goods quickly and effectively.

More News

Promoting Vietnam-Laos Customs cooperation

Promoting Vietnam-Laos Customs cooperation

VCN - On November 19, 2024, in Hanoi, Vietnam Customs held the Vietnam - Laos Customs Directors General Conference.
Ho Chi Minh City: Imported gasoline, iron and steel greatly affect state budget revenue

Ho Chi Minh City: Imported gasoline, iron and steel greatly affect state budget revenue

VCN - Carrying out customs procedures for special imported goods, such as iron and steel, gasoline, Saigon Port Customs Sub-department, Region 3 is expected to generate large revenues, but the state budget revenue from these two items has decreased sharply.
Quang Nam Customs facilitates trade and increases revenue

Quang Nam Customs facilitates trade and increases revenue

VCN – Goods imported and exported across Quang Nam province’s border gates surges in the second half of the year. Quang Nam Customs Department has implemented solutions to facilitate enterprises, increasing the State revenue.
Quang Tri Customs: Revenue from imported coal plunges

Quang Tri Customs: Revenue from imported coal plunges

VCN - Coal and wood of all kinds are items that contribute greatly to the state budget revenue of Quang Tri Customs Department, but are fluctuating in a downward direction.
Closely control imported products traded via e-commerce

Closely control imported products traded via e-commerce

VCN – The General Department of Vietnam Customs has directed local customs departments to strengthen control and supervision for imported goods traded via e-commerce.
Mong Cai Customs sets new record in revenue collection

Mong Cai Customs sets new record in revenue collection

VCN - The Mong Cai Border Gate Customs Branch, under the Quang Ninh Customs Department, has set a new record for the highest state revenue collected to date.
Lao Cai Customs attracts over 100 new businesses for customs procedures

Lao Cai Customs attracts over 100 new businesses for customs procedures

VCN - Compared to the same period in 2023, the number of businesses handling procedures at Lao Cai border gate customs branch (under Lao Cai Customs Department) has grown by 109 companies.
Vietnam Customs attends WCO’s flagship conference

Vietnam Customs attends WCO’s flagship conference

VCN - The 2024 World Customs Organization (WCO) Technology Conference and Exhibition with the theme “Digital Frontiers: Customs Embracing Innovation with Traditional and New Partners” hosted by Brazil’s Secretariat of the Federal Revenue, took place from November 12-14, 2024 in Rio De Janeiro, Brazil.
Da Nang Customs joins efforts to establish free trade zone proposal

Da Nang Customs joins efforts to establish free trade zone proposal

VCN - The Da Nang Customs Department is actively collaborating with local authorities and agencies to develop a proposal for the Da Nang Free Trade Zone (FTZ), aiming to drive new economic growth for both the city and the wider region.
Read More

Your care

Latest Most read
Southern Customs contributed many practical contents on customs supervision and control procedures

Southern Customs contributed many practical contents on customs supervision and control procedures

VCN - Speaking at the workshop, Deputy Director General Au Anh Tuan emphasized that Decree 08/2015/ND-CP and Circular 38/2015/TT-BTC, issued since 2015, have basically created legal conditions for the Customs authority to carry out state management of cus
Over 300 Southern enterprises attend workshop to provide feedback to the General Department of Vietnam Customs

Over 300 Southern enterprises attend workshop to provide feedback to the General Department of Vietnam Customs

More than 300 enterprises from Southern Vietnam with significant import-export (I/E) volumes participated in a workshop held by the General Department of Vietnam Customs in Ho Chi Minh City
New Steering Committee to spearhead Customs Reform and Modernization

New Steering Committee to spearhead Customs Reform and Modernization

The General Department of Vietnam Customs has taken a decisive step toward transforming Vietnam's customs sector with the establishment of the Customs Reform and Modernization Steering Committee
Appointment of new Directors for the Customs Reform and Modernization Board and Anti-Smuggling and Investigation Department

Appointment of new Directors for the Customs Reform and Modernization Board and Anti-Smuggling and Investigation Department

Director General Nguyen Van Tho presided over the ceremony to announce the appointment of new leaders for the Customs Reform and Modernization Committee and the Anti-Smuggling Investigation Department.
Binh Duong Seaport Customs Branch supports and facilitates enterprises

Binh Duong Seaport Customs Branch supports and facilitates enterprises

VCN - According to Binh Duong Seaport Customs Branch, the branch has processed import and export procedures for over 600 enterprises, up 41% compared to the same period of the year, with import and export turnover of US$431 million, up 12.3% year-on-year.
Mobile Version