INFORMATION ON IMPLEMENTATION
OF THE AGREEMENT ON CUSTOMS VALUATION
CHECKLIST OF ISSUES
The following communication, dated 10 May 2022, is being circulated at the request of the delegation of the Viet Nam.
1. Questions concerning Article 1:
(a) Sales between related persons:
(i) Are sales between related persons subject to special provisions?
Viet Nam's Commercial Law does not have specific provisions on this issue. The sale and purchase is an agreement of two parties but must be in accordance with Vietnamese law and international practices.
According to the provisions at point d, clause 3, Article 6 of Circular No. 39/2015/TT-BTC dated 25 March 2015, amended and supplemented by Clause 5, Article 1 of Circular No. 60/2019/TT-BTC dated 30 August 2019 of the Ministry of Finance, one of the conditions to apply the transaction value is that the buyer and seller do not have a special relationship or if so, that special relationship does not affect the transaction value as prescribed in Article 7 of this Circular.
(ii) Is the fact of intercompany prices prima facie considered as grounds for regarding the respective prices as being influenced?
Whether the prices between affiliated companies are eligible for customs valuation by the transaction value method needs to be based on the specific records of the shipment and must meet the condition that the special relationship does not affect the transaction value according to regulations.