Many importers wonder: why is my consignment always scrutinized on price, subjected to value consultation, while others clear quickly? Part of the answer lies in the List of goods at risk in terms of value with accompanying reference prices — a risk-management tool of the customs authority. This article explains what the list is, the rules governing its use, and the practical consequences for businesses.
What is the list of goods at risk in terms of value?
Under Article 21 of Circular 39/2015/TT-BTC (amended by Clause 10, Article 1 of Circular 60/2019/TT-BTC), the “List of exported goods at risk in terms of value” and the “List of imported goods at risk in terms of value” with accompanying reference prices form part of the customs valuation database built centrally and uniformly by customs and regularly updated. The database comprises:
- (a) The customs valuation data management system;
- (b) The list of import/export goods at risk in terms of value with accompanying reference prices;
- (c) The list of businesses at risk in terms of customs value.
Who builds it, and on what criteria?
Building authority (Article 22, amended by Clause 11, Article 1 of Circular 60/2019): the head of the central-level customs authority organizes the building, supplementation and amendment of the list. Criteria for listing (Article 24) — for imports:
- (a) High import duty rates;
- (b) A large share of total import turnover;
- (c) A high frequency of customs-valuation violations during the assessment period;
- (d) Risk of misdeclaring transaction value to evade import duty;
- (dd) Risk of understating value to dump goods on the domestic market.
For exports: large export duties and turnover; high violation frequency; risk of misdeclaring value to evade export duty or to claim VAT refunds improperly.
Review and updating
The list is reviewed and updated at least once every 06 months or when necessary, based on proposals from organizations and individuals and customs units (Article 23): reference prices are added when goods are actually imported/exported and adjusted upon significant fluctuations.
The key principle: the list may NOT be used to impose value
This is the most important point for businesses to understand correctly. Under Article 22(2) of Circular 39/2015, the list and reference prices are a basis for customs to compare, cross-check and examine the declared value during customs procedures or after clearance; they may not be used to impose customs value.
In other words: the list is only a doubt-detection tool — the customs value must still be determined through the sequential methods in Circular 39/2015. It is legally wrong to say “customs imposes prices according to the list.”
The list is also circulated internally and used uniformly within the customs sector — businesses cannot look it up from public sources.
Practical consequences for businesses
When a business’s goods are on the list and the declared value is below the reference price, it may face:
- Being flagged as a valuation doubt → value consultation (Article 25 of Circular 38/2015/TT-BTC, as amended by Circular 121/2025/TT-BTC effective 1 February 2026);
- Or post-clearance audit.
Practical link: under Article 15 of Circular 39/2015, a discount below 5% of the consignment’s total value may only be approved for deduction where the declared value is not lower than the reference price in the List of imported goods at risk in terms of value — a concrete application of reference prices in practice.
Source note: this article cites the list only by its name in Circular 39/2015 and does not assert the number of any current issuing decision, as the list circulates internally and cannot be verified from public sources.
What should businesses do?
- Declare value truthfully and prepare complete evidence of the actual price (contracts, invoices, bank payment documents);
- If the goods fall into high-duty-rate, large-turnover groups — the Article 24 criteria — proactively prepare consultation dossiers in advance;
- Consider requesting an advance customs valuation ruling (Article 28 of the Customs Law 54/2014/QH13; Article 24 of Decree 08/2015/ND-CP): file at least 60 days before import/export;
- If asked to attend consultation, fully exercise the rights to explain, provide dossiers and reserve opinions in the minutes.
Frequently asked questions
Can customs impose prices from the price-risk list?
No. Under Article 22(2) of Circular 39/2015, the list and reference prices are only a basis for comparing, cross-checking and examining the declared value; they may not be used to impose customs value.
Can businesses look up the list?
No. The list is circulated internally and used uniformly within the customs sector.
What if the declared value is below the reference price?
The goods may be flagged as a valuation doubt, leading to value consultation or post-clearance audit. Businesses should prepare documents proving the actual price paid.
Legal basis
- Circular 39/2015/TT-BTC on customs valuation (consolidated document 21/VBHN-BTC dated 23 April 2020; amended by Circular 60/2019/TT-BTC, effective 15 October 2019) — Articles 21, 22, 23, 24, 25;
- Circular 38/2015/TT-BTC on customs procedures (amended by Circular 39/2018/TT-BTC and Circular 121/2025/TT-BTC, effective 1 February 2026).
This article is for reference only and does not constitute legal advice; consult a lawyer for your specific situation.
Has your business been asked to attend value consultation, or worry its goods fall under price-risk management? Contact FLAT Law Firm for advice on handling options.
Legal content reviewed by the FLAW AI Legal Council and submitted to the owner for approval; not a practicing lawyer’s opinion, not a substitute for legal advice on a specific matter.
