G/VAL/Q/VNM/2  
 
29 October 2021  
(21-8221) Page: 1/2 
Committee on Customs Valuation  Original: English  
 
NOTIFICATION UNDER ARTICLE 22 OF AGREEMENT  ON IMPLEMENTATION  
OF ARTICLE VII OF THE GENERAL AGREEMENT  
ON TARIFFS AND TRADE  1994  
REPLIES FROM VIET NAM TO QUESTIONS  POSED BY THE EUROPEAN UNION  
IN DOCUMENT G/VAL/ Q/VNM/1  
VIET NAM 
The following communication, dated 25 October 2021, is being circulated at the request of the 
delegation of Viet Nam . 
 
_______________  
 
Question  1 
 
Article 6 of Circular No. 39/2015/TT -BTC dated 25/3/2015 of the Ministry of Finance on 
customs value of imported goods and exported goods as amended by Circular 
No. 60/2019/TT -BTC (Circular No. 39/2015/TT -BTC) provides that the value of an 
operating system imported with machines/equipment is not added to the customs value 
of machines/equipment to the extent that "the operating system is manufactured in 
Vietnam for installation on imported machines/equipment ". Could Viet Nam please clarify 
if this applies exclusively to software necessary for the production of the imported goods?  
 
Answer : According to the provisions of Article 6 of Circular No. 39/2015/TT -BTC, as amended and 
supplemented in Clause 5, Article 1 of Circular No. 60/2019/TT -BTC, the value of an operating 
system which is manufactured in Vietnam for installation on imported machi nes/equipment must 
not be added to the customs value of imported machines/equipment .  
 
Question  2 
 
Article 12 of Circular No. 39/2015/TT -BTC dated 25/3/2015 of the Ministry of Finance on 
customs value of imported goods and exported goods as amended by Circular No. 
60/2019/TT -BTC (Circular No. 39/2015/TT -BTC) sets out a list of prohibited valuation 
metho ds under the fallback method, which do not include "arbitrary or fictitious values ". 
Could Viet Nam please clarify whether the use of "arbitrary or fictitious values " would be 
prohibited under Circular No. 39/2015/TT -BTC?  
 
Answer : According to the provisio ns of Article 5 of Circular No. 39/2015/TT -BTC, as amended and 
supplemented in Clause 4, Article 1 of Circular No. 60/2019/TT -BTC, the customs value must be 
determined based on documents and objective and quantifiable data and determined by applying 
the valuation methods prescribed from Point a to Point e of Clause 2 therein in succession until the 
customs value is determined.   
 
According to the provisions in Article 12 of Circular No. 39/2015/TT -BTC, as amended and 
supplemented  at Item 1, Clause 7, Article 1 of Circular No. 60/2019/TT -BTC, the customs value of 
the imported goods is determined by the fallback method according to the documents and data 
available at the time of customs valuation . Vietnam Customs does not use "arbitrary or fictitious 
values ".  G/VAL/Q/VNM/2  
 
- 2 - 
 
  Question 3  
 
Article 21 of Circular No. 39/2015/TT -BTC dated 25/3/2015 of the Ministry of Finance on 
customs value of imported goods and exported goods as amended by Circular 
No. 60/2019/TT -BTC (Circular No. 39/2015/TT -BTC) provides that the customs value 
database includes among others the "Lists of exported/imported goods with 
possibly -misdeclared value and reference prices ". Article 12.3.dd of Circular 
No. 39/2015/TT -BTC provides  that the customs value cannot be established by means of 
"Reference prices in the list of imported goods with possibly -misdeclared value ". 
Conversely, Article  12.e of Circular No. 39/2015/TT -BTC, provides that "customs 
valuation shall be applied based on the customs value database in compliance with the 
provisions in Clause 3 herein " as a last resort. Could Viet Nam please elaborate on the 
manner in which the customs value would be determined under Article 12.e of Circular 
No. 39/2015/TT -BTC?  
 
Answer: According to the provisions of Article 5 of Circular No. 39/2015/TT -BTC, as amended and 
supplemented in Clause 4, Article 1 of Circular No. 60/2019/TT -BTC, the customs value must be 
determined based on documents and objective and quantifiable data and determined by applying 
the valuation methods prescribed from Point a to Point e of Clause 2 therein in succession until the 
customs value is determined.   
 
According to the provisions of Article 22 of Circular No. 39/2015/TT -BTC, as amended and 
supplemented in Clause 11 Article 1 of Circular No. 60/2019/TT -BTC, the reference prices of the 
goods contained in the lists of exported/imported goods with possibly -misdeclared value are the 
bases for customs authorities to compare and ins pect the declared value of customs declarants 
during customs procedures or after the goods have obtained customs clearance as prescribed by 
law, such prices shall not be used to impose customs value. Thus, Vietnam Customs does not use 
the reference price i n the list of exported/imported goods with possibly -misdeclared value to 
determine the customs value.  
 
__________