Instruction of the Minister of Finance on Customs Valuation of Imported Goods No. 1537/MOF
财政部长关于进口货物海关估价的指导意见 第1537号/财政部
ບົດແນະນຳ ຂອງລັດຖະມົນຕີວ່າການ ກະຊວງການເງິນ ວ່າດ້ວຍ ການກຳນົດ ມູນຄ່າແຈ້ງພາສີ ສຳລັບ ສິນຄ້ານຳເຂົ້າ ເລກທີ 1537/ກງ
Summary
This guidance document stipulates the rules and methods for customs valuation of imported goods, serving as the basis for uniformly calculating customs duties and other tax obligations on imported goods nationwide, with the aim of ensuring effective tax collection for the state budget. Its contents encompass definitions of relevant terms and clarify that customs valuation methods must be determined sequentially in accordance with the order of application prescribed herein, so as to regulate the determination of the customs value.
Articles
Article 1
Article 1. Objectives
This Instruction sets forth rules and methods for customs valuation to serve as the basis
for the calculation of customs duties and other obligations on imported goods in a uniform
manner throughout the country, aiming to ensure effective revenue collection for the state budget.
Article 2
Article 2. Definition of Terms
Terms used in this Instruction shall have the following meanings:
1. "goods" means goods and passenger belongings as covered by the Customs Law;
2. "imported Goods" means goods imported into Lao PDR;
3. "customs value of imported goods" means the value of goods for the purposes of levying
ad valorem duties of customs on imported goods;
4. "produced" includes grown, manufactured and mined;
5. "identical goods" means goods which are the same in all respects, including physical
characteristics, quality and reputation. Minor differences in appearance would not
preclude goods otherwise conforming to the definition from being regarded as identical.
1
Goods shall not be regarded as "identical goods" if they were not produced in the same
country as the goods being valued. The term: "identical goods" do not include, as the case
may be, goods which incorporate or reflect engineering, development, artwork, and plans
and sketches for which no adjustment has been made under Article 10.1.2 (iv) because
such elements were undertaken in Lao PDR. Goods produced by a different person shall
be taken into account only when there are no identical goods, as the case may be,
produced by the same person as the goods being valued;
6. "similar goods" means goods which, although not alike in all respects, have like
characteristics and like component materials which enable them to perform the same
functions and to be commercially interchangeable. The quality of the goods, their
reputation and the existence of a trademark are among the factors to be considered in
determining whether goods are similar. Goods shall not be regarded as "similar goods" if
they were not produced in the same country as the goods being valued. The term: "similar
goods" do not include, as the case may be, goods which incorporate or reflect engineering,
development, artwork, design work, and plans and sketches for which no adjustment has
been made under Article 10. 1.2 (iv) because such elements were undertaken in Lao PDR.
Goods produced by a different person shall be taken into account only when there are no
similar goods, as the case may be, produced by the same person as the goods being
valued.;
7. "goods of the same class or kind" means goods which fall within a group or range of
goods produced by a particular industry or industry sector, and includes identical or
similar goods;
8. "related persons" means persons who are related to each other in a purchase or sale of
goods. Persons shall be deemed to be related only if:
8.1.
they are officers or directors of one another's businesses;
8.2.
they are legally recognized partners in business;
8.3.
they are employer and employee;
8.4.
any person directly or indirectly owns, controls or holds 5 per cent or more of the
outstanding voting stock or shares of both of them;
8.5.
one of them directly or indirectly controls the other;
8.6.
both of them are directly or indirectly controlled by a third person;
8.7.
together they directly or indirectly control a third person; or
8.8.
they are members of the same family.
Persons who are associated in business with one another in that one is the sole agent, sole
distributor or sole concessionaire, however described, of the other shall be deemed to be
related for the purposes of this Instruction if they fall within the criteria of paragraph 8.
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