| THE MINISTRY OF FINANCE No. 29/2014/TT-BTC | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, February 26, 2014 |
CIRCULAR
Amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 205/2010/TT-BTC of December 15, 2010, guiding the Government’s Decree No. 40/2007/ND-CP of March 16, 2007, on customs valuation of imports and exports [1]
Pursuant to June 29, 2001 Customs Law No. 29/2001/QH10; and June 14, 2005 Law No. 42/2005/QH11 Amending and Supplementing a Number of Articles of the Customs Law;
Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import Duty and Export Duty;
Pursuant to November 29, 2006 Law No. 78/2006/QH11 on Tax Administration; and November 20, 2012 Law No. 21/2012/QH13 Amending and Supplementing a Number of Articles of the Law on Tax Administration;
Pursuant to the Government’s Decree No. 40/2007/ND-CP of March 16, 2007, on customs valuation of imports and exports;
Pursuant to the Government’s Decree No. 87/2010/ND-CP of August 13, 2010, detailing a number of articles of the Law on Import Duty and Export Duty;
Pursuant to the Government’s Decree No. 87/2012/ND-CP of October 23, 2012, detailing a number of articles of the Customs Law regarding e-customs procedures for commercial imports and exports;
Pursuant to the Government’s Decree No. 83/2013/ND-CP of July 22, 2013, detailing a number of articles of the Law on Tax Administration and the Law Amending and Supplementing a Number of Articles of the Law on Tax Administration;
Pursuant to the Government’s Decree No. 215/2013/ND-CP of December 23, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the General Director of Customs,
The Minister of Finance promulgates the Circular amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 205/2010/TT-BTC of December 15, 2010, guiding the Government’s Decree No. 40/2007/ND-CP of March 16, 2007, on customs valuation of imports and exports, as follows:
Article 1. To amend and supplement a number of articles of Circular No. 205/2010/TT-BTC of December 15, 2010, as follows:
1. To amend Clause 8 of, and add Clauses 18, 19, and 20 to, Article 2, as follows:
“8. Identical imports means goods which are the same in all respects, including:
8.1. Physical characteristics, such as surface, materials, method of manufacture, functions, utility purposes; mechanical, physical and chemical characteristics; and headings according to the classification in the Vietnam’s List of Imports;
8.2. Quality;
8.3. Marks;
8.4. Being made in the same country or by the same manufacturer or licensed manufacturer.
Imports that basically satisfy the conditions for being regarded as identical imports but have minor differences in appearance such as color, size and design, which do not affect their value, are still regarded as identical.
Imports are not regarded as identical if in the process of manufacturing any of these goods, technical designs, construction designs, development plans, fine-art designs, design drawings, charts, sketches or similar products or services, which are made in Vietnam and supplied free of charge by the purchaser to the seller, are used.”
“18. Royalty or licensing fee related to imports means:
18.1. Royalty or licensing fee payable for use of trademarks in conformity with the document set only when the following conditions are satisfied:
18.1.1. Imports are sold in the conditions as when imported on the Vietnamese market or simply processed after being imported;
18.1.2. Imports bear their trademarks when being sold on the Vietnamese market.
