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ILLICIT COSMETIC PRODUCTS OF BILLIONS OF VND ARE DETECTED

VCN- Incorrectly declaring the name of the goods and breaking luggage seals to conceal prohibited goods are the tricks that perpetrators have used to smuggle cosmetics from abroad to Vietnam.

illicit cosmetic products of billions of vnd are detected
Illicit goods were seized by Customs officers. Photo: Q.H.

Upon the Official Telegraph No. 90 / CD-BCD of 13th July 2015, the General Department of Vietnam Customs has identified pharmaceuticals, cosmetics and supplementary foods as items on the list of key commodities to be strictly controlled. Thereby, the General Department of Vietnam Customs has requested the units to strengthen Customs control measures, promote international cooperation and inter-sectoral coordination to prevent violations in import, smuggling activities, illegal transportation of pharmaceutical products, cosmetics, supplementary foods as well as timely handling smuggling rings.

In order to concretize these instructions, the Customs force at all level shall strictly follow the process and procedures to closely inspect and supervise the shipments of cosmetics, pharmaceuticals and supplementary foods, and at the same time, collect and analyze information on suspicious import consignments, thereby determining the criteria, risk management, flow control and conducting actual inspections of high-risk shipments. In addition, the Customs force also needs to strengthen control at the border gates and areas of Customs operation, especially in the northern and southwestern border provinces. On the other hand, the Customs force has regularly coordinated with local authorities to fight, arrest and timely handle violations related to pharmaceutical products, cosmetics and supplementary food.

Throughout the struggle, the Customs force has detected dozens of violations related to pharmaceutical products, cosmetics and supplementary food on both land border and air. Notably, the situation of taking advantage of doing business in transit, forging Customs dossiers to smuggle cosmetics tends to increase, with many cases worth up to billions of vnd.

Typically, on 7th January 2017, the Customs Branch of Moc Bai Border Gate received the declaration of independent transportation (transit goods) of XITLO Logistics Co., Ltd (located in District 3, Ho Chi Minh City. ). The above shipment belonged to Customs declaration No. 500070700330 of 14th January 2017, container number OOLU 1937805 registered at the Customs Branch of Cai Mep port through Moc Bai border gate (Tay Ninh province). According to the Customs declaration of the company, the goods were household goods, including Kitchen shelves, kitchen floor mats, new 100%. The time of commencement of transportation from Cai Mep port was 14th January 2017 and the estimated time to Moc Bai border gate was 15th January 2017. However, on 17th January 2017, Mr. Le Phuong Minh (the representative of the company) transported goods to the supervisory area for Customs clearance at Moc Bai border gate. When Customs officers at Moc Bai border gate conducted procedures and process for the shipment, Mr. Minh was not present and left the goods behind. The shipment showed signs of breaking the seal of the shipping line and fake Customs seal. Accordingly, on 8th February 2017, the Customs force carried out physical inspections of the shipment and detected a large number of perfume, foreign wine and cigars which were worth about 8 billion vnd.

illicit cosmetic products of billions of vnd are detected

Then, on 17th February 2017, the Luggage Import Procedure Team (under the Customs Branch of Noi Bai International Airport – the Hanoi Customs Department) inspected and seized 32 parcels of cosmetics on a flight from Korea to Vietnam without any recipient, weighing 933.6 kg.

Not only did perpetrators deceive Customs officers through Customs declaration, but they also found many ways to smuggle cosmetics through the northern border area, especially the border province of Quang Ninh, including: Hair cream, shampoo and perfume which were detected by Customs officers on vehicles, trucks, even mixed with imported goods. In some cases, cosmetics were also gathered right near the border, so when the Customs officers seized illicit goods, they found it difficult to identify the owner.

For example, on 13th April 2017, the Customs Working Team – Border Guard at Bac Phong Sinh border gate discovered a man using hand carts to transport imported goods which were packed in cartons from China to Bac Phong Sinh, including 288 Aprilskin facial powder boxes; 1,920 Theskinface Lipsticks. Through the investigation, the owner of the illicit goods was identified as Mr. Bui Van Nam, born in 1997 (residing in An Tho, An Lao, Hai Phong). All goods had no legal documents in the area of Customs operation.

By Quang Hung/ Hoang Anh

Source: http://customsnews.vn/

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TAX DEBTS CAN BE PAID GRADUALLY IF THEY ARE GUARANTEED BY CREDIT INSTITUTION

VCN- If a business of tax debt is enforced but it cannot afford to pay the debt at once and propose to pay gradually, the tax debt will be paid within a maximum of 12 months from the beginning date of enforcement period for implementation of tax administrative decision with a guarantee of the credit institution.

tax debts can be paid gradually if they are guaranteed by credit institution

Customs officer of Pho Bang Customs Branch, Ha Giang Customs Department guides Tax policies for business Photo: T.Tr

It is guided by the General Department of Vietnam Customs before the request of Thien Hong Food Processing Joint Stock Company on the registration of import declarations during being enforced on tax debt payment.

According to the analysis of the General Department of Vietnam Customs, in Article 48 of Tax Management Law No. 78/2006/QH11 stipulates: “In the course of settlement of complaints or institution of lawsuits of taxpayers about tax amounts calculated or assessed by tax administration agencies, taxpayers shall fully pay these tax amounts, unless competent state agencies decide to temporarily suspend the execution of tax calculation or tax assessment decisions of tax administration agencies”.

In addition, in Clause 2, Article 3 of Law No.106/2016/QH13 (amending and supplementing Clause 4, Article 92 of the Law on Tax Administration) stipulates: “Tax enforcement measures may be postponed if the taxpayer is permitted by the tax authority to pay the tax debt by installments for a period not exceeding 12 months from the beginning of the tax enforcement period. The payment of tax by instalments shall be considered according to the taxpayer’s request, provided a credit institution offers a guarantee. The taxpayer shall pay late payment interest on the unpaid tax at 0.03% per day.

In Article 39 of Decree No. 83/2013/ ND-CP dated July 22, 2013 of the Government detailing the implementation of 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 stipulates: “The taxpayer is not able to pay the tax debts at once may pay them in installments over no more than 12 months from the effective day of the decision on taxation enforcement, provided that taxpayers has the tax debts guaranteed by a credit institution, and a commitment to pay tax debts and late payment interest to the state budget is made”.

Based on the above provisions, in the course of settlement of complaints, the Company still has to fully pay tax and late payment (if any) as per regulations. If the Company of tax debt is enforced but cannot afford to pay the tax debts at once and propose to pay gradually, the tax debt will be paid within a maximum of 12 months from the beginning date of enforcement period for implementation of tax administrative decision with a guarantee of the credit institution.

The conditions, dossier, competency, time of settlement and paying tax debt in installments are specified in Article 39 of Decree No.83/2013/ND-CP dated July 22, 2013, and Clause 3 Article 3 Decree 100/2016 / ND-CP dated July, 2016 of the Government and Article 134 of Circular 38/2015/TT-BTC dated March 25, 2015, of the Ministry of Finance.

By Thu Trang/Ngoc Loan

Source: http://customsnews.vn/

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AVIATION NSW AT TAN SON NHAT AIRPORT WILL BE IMPLEMENTED

VCN – Following the Noi Bai International Airport, the Aviation National Single Window at Tan Son Nhat International Airport is expected to be implemented by June, 2017. 

aviation nsw at tan son nhat airport will be implemented

A Representative of Customs IT and Statistics Department (General Department of Vietnam Customs) stated important and basic contents relating to the drafting of a Prime Minister’s Decision on e-procedures for aircraft on exit, entry and in transit via NSW at the meeting of Drafting Team on the morning of 19 April 2017. Photo: T. Binh

According to the latest information from the General Department of Customs, In April 2004, there are 11 ministries connecting to the NSW with 38 administrative procedures submitted to NSW and over 315, 000 administrative dossier sets processed and more than 10,800 enterprises.

Concerning the implementation of NSW, the General Department of Customs, the Standing Agency of the National Steering Committee for ASEAN Single Window, NSW and Trade Facilitation, has built and accomplished the Prime Ministers’ draft Directive on speeding up progress and improving the efficiency of the implementation of NSW, ASW and trade facilitation.

In addition, the draft decree on the implementation of NSW, ASW and trade facilitation is being made into a dossier to request for the formulation of the Decree and ask for approval of the ministries and branches in order to submit to the Prime Minister for evaluation before submitting to the Prime Minister. Also, the General Department of Customs continues to urge ministries and branches to develop programs and action plans for the deployment of NSW and ASW.

For the implementation of Aviation NSW, from 15 April, 2017, relevant ministries and branches began the pilot implementation of Aviation NSW by receiving electronic declarations for fights on exit, entry and in transit of Vietnam Airlines at the Noi Bai International Airport.

According to the General Department of Customs, on 30 June, 2017, the pilot receipt and exploitation of data on the electronic declaration for goods of Vietnam Airlines via NSW for flights on exit, entry and in transit of Vietnam Airlines at the Tan Son Nhat International Airport.

By Thai Binh/ Huyen Trang

Source: http://customsnews.vn/

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STRENGTHENING OF COOPERATION BETWEEN CUSTOMS AND TAX AUTHORITIES

According to World Customs Organisation (WCO), at the invitation of Malta’s Presidency of EU and of the European Commission, Taxation and Customs Union Directorate-General, the WCO attended the High-Level Seminar on Strengthening of Cooperation between Customs and Tax Authorities.

strengthening of cooperation between customs and tax authorities

The event was hosted by the Government of Malta and counted with the participation of Directors General and senior officials of EU Customs and Tax Administrations and invited countries.

The Seminar was opened by the DG of Malta Customs, Mr Joseph Chetcuti, and by the Commissioner for Revenue of Malta, Mr Marvin Gaerty, and received inputs from the DG TAXUD, Mr Stephen Quest, and the Director Phillipe Kermod. The event also counted with the support from Academia that provided different perspectives and possible solutions for the challenges identified.

The WCO Director, Capacity Building, Ernani Checcucci delivered a speech on the importance of Customs and Tax Cooperation in the actual landscape and highlighted the fact that both Administrations face new challenges due to the rapid globalization of trade and financial systems, which brought new expectations from Government and societies in the fight of Illicit Financial Flows, organized crime, and Tax evasion. The Director highlighted the launch and promotion of the Guidelines for Strengthening Cooperation and the Exchange of Information between Customs and Tax Authorities at National Level, the discussions with G20 in the fight against Illicit Financial Flows, and the cooperation with OECD and IMF on relevant topics, such as Customs Valuation and Transfer pricing, Tax Transparency and Exchange of Information, e-commerce, and Performance Measurement.

The participants of the Seminar identified areas for cooperation; proposals for addressing legal gaps hindering efficiency; opportunities for increased facilitation of trade and compliance management; exchange of information and initiatives to combat Tax Fraud, particularly, the ones related to VAT.

Participants agreed to pursue this agenda and to promote more strategic discussions between Customs and Tax Authorities, at National, Regional and EU levels.

The WCO congratulated the organisers for addressing this important agenda and reinforced its commitment to continue working with the EU Members and Commission to identify and share good practices, guidelines, standards and to provide support in the development of Customs and Tax Cooperation.

By M.Hung

Source: http://customsnews.vn/

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APEC DELEGATES DEBATE EXPORT CERTIFICATES, ROLE IN FACILITATING TRADE

Export certificates and their role in facilitating trade in safe food products in the APEC region was the main topic of a workshop which opened in Hanoi on May 9 as part of the second APEC Senior Officials Meeting (SOM 2) and related meetings.

apec delegates debate export certificates role in facilitating trade

The two-day workshop was co-organised by the Sub-Committee on Standards and Conformance (SCSC), the Food Safety Cooperation Forum (FSCF) and the Partnership Training Institute Network (PTIN).

On the first day of the workshop, delegates from 21 APEC member economies focused discussion on a range of topics such as developing baseline assessments and self-reports of the APEC economies in the implementation of principles for certification set forth by the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS).

They identified gaps and challenges in implementing CCFICS principles: risk-based criteria for products that require certification, practical implementation of model certificates, least burdensome measures to achieve the appropriate level of protection and the use of Good Regulatory Practices (GRPs).

The panels continued dialogues on using innovative options to improve communication and information flow related to export certificates and discussed the past deliverables that are included in the APEC Export Certificate Toolbox and suggested possible updates and additions.

They were provided with information on useful tools when considering export certificate regulations, including the use of good regulatory practices; using Codex guidance to determine if or not when an export certificate may be necessary, ways to streamline requirements, appropriate use of technology and elimination of unnecessary certificates such as in the case of low risk products.

On the second working day, the delegates are scheduled to discuss issues related to the Codex guidance on generic official certificates, the benefits of and challenges when using the model and essential information needed to provide the acceptable level of protection for the importing economy.

They will also share experience in implementing the Generic Model Official Certificate (GMOC) in the APEC region.

APEC groups 21 member economies, Australia, Brunei, Canada, Chile, China, Hong Kong (China), Indonesia, Japan, the Republic of Korea, Malaysia, Mexico, New Zealand, Papua New Guinea, Peru, the Philippines, Russia, Singapore, Chinese Taipei, Thailand, the US and Vietnam, which together account for 39 percent of the world’s population and contribute 59 percent of the global GDP and 48 percent of the global trade by November 2016.

Source: VOV

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HIDDEN RHINO HORN INSIDE TOY BOX

VCN – On 8/5, Tan Son Nhat International Airport Customs Branch – HCMC Customs Department said that, the unit has coordinated with Anti-Smuggling and Investigation Department  – General Department of Customs and Enforcement team –HCMC Customs Department to detect and temporarily arrest a male passenger, 20 years old, Vietnamese nationality, entered to Vietnam on the flight from Africa to Vietnam. He carried illegally 3 pieces of rhino horns with total weight nearly 1.5 kg inside his personal luggage. 

hidden rhino horn inside toy box
Smuggled rhino horn

Those are the horn of Diceros bicornis, a kind of rare African rhino, the total value of those exhibits is nearly 2 billion vnd.

This man used a sophisticated trick to hide those rhino horns inside personal luggage, especially using toy box in order to escape competent force’s notice. However, by using professional measures and information collection, Customs authorities have discovered timely and stop the case.

Tan Son Nhat International Airport Customs are completing procedure to prosecute a case and continue to collaborate with other competent authorities in order to investigate the line, group and violated acts of the subject.

Earlier, in 4/2017, Tan Son Nhat International Airport Customs also collaborated with Anti-Smuggling Crime Police Department (C74) – Ministry of Public Security and Police Division on Economic Management Order and Positions (PC46) – HCMC Police to detect and seize a smuggled case of 5kg rhino horn and over 4kg of products made by African ivory and scab operculum of pangolin. The case has been prosecuted about illegal transportation goods across the border by Tan Son Nhat International Airport Customs Branch.

Once again, through this case, it shows the Vietnam’s determination in the commitment of wild and endangered animal protection.

By Lê Thu/Thanh Thuy

Source: http://customsnews.vn/

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BA RIA-VUNG TAU PCU: IMPROVING THE EFFICIENCY OF CONTAINER CONTROL AT SEAPORTS

VCN- On 8th May 2017, at Vung Tau City, the Deputy Director General of Vietnam Customs, Mr. Vu Ngoc Anh chaired the opening ceremony of Ba Ria-Vung Tau Port Control Unit. The ceremony was attended by the Australian Consul-General in Vietnam, Mr. Robert Chambers; the Vice Chairman of Ba Ria-Vung Tau People’s Committee, Mr. Nguyen Thanh Long; and leaders of the Global Container Control Program.

ba ria vung tau pcu improving the efficiency of container control at seaports
Delegates cut the tape at the opening ceremony of the Container Control Unit.

The Global Container Control Program was a collaboration between the Ministry of Finance (the General Department of Vietnam Customs) and the United Nations Office on Drugs and Crime.

At the ceremony, the Deputy Director General of Vietnam Customs, Mr. Vu Ngoc Anh said that in the context of increasing organizational crime; anti-smuggling and anti commercial fraud were very important tasks of Vietnam Customs. The tasks became even more difficult when the tricks of the criminals transporting illicit goods through container by sea became more sophisticated. Perpetrators often made use of loopholes in policies to smuggle or illegally transport prohibited goods by tricks such as concealing in goods transported by sea. Recognizing the effectiveness of the port facility control model within the framework of the Container Control Program, the Vietnam Government has approved the General Department of Vietnam Customs to participate in the program.

Ba Ria – Vung Tau Port Control Unit has been well trained to use risk analysis techniques and other useful tools to minimize negative impacts on free flow of trading. This has increased the efficiency of law enforcement and the promotion of trade.

Ba Ria – Vung Tau Port Control Unit was formed from a young and experienced staff. The participation of Ba Ria – Vung Tau Customs Department leaders kicked off great expectation of Ba Ria – Vung Tau Customs Department in particular and the General Department of Vietnam Customs in general in the work of anti-smuggling and combating prohibited goods which threat to human safety and social security”, the Deputy Director General of Vietnam Customs emphasized.

The Container Control Program (CCP) is a part of Subprogram 1 “Transnational Organized Crime and Illegal Trafficking” within the framework of the United Nations Office on Drugs and Crime for the period 2012-2017 which was signed in July 2012 between the Government of Vietnam (represented by the Ministry of Planning and Investment) and UNODC.

The CCP is a joint initiative between UNODC and the World Customs Organization (WCO), which is designed to assist Governments in strengthening the capacity of law enforcement to improve the effectiveness of container control at seaports, minimizing the risk of transnational organized crime for the illegal transportation of narcotics, wildlife, weapons, etc., to organize transnational crime and other forms of illegal activities.

CCP is a program that has been implemented and has been successful in more than 50 countries in the world. Within the framework of the program, there have been nearly 60 Port Control Units (PCUs) to be established in Africa (Kenya, Morocco, Ghana and etc.,), America (Argentina, Brazil, Chile), Asia (India, Bangladesh) and Southeast Asia including Cambodia, Indonesia, Malaysia, Laos, Philippines, Thailand. And Vietnam.

In Vietnam, approved by the Government in Official Letter No. 1745 / TTg-QHQT on Vietnam joining the CCP, the Ministry of Finance authorized the leaders of the General Department of Vietnam Customs to sign the Letter of Agreement between the Ministry of Finance of Vietnam and UNODC about joining the Container Control Program on 6th February 2015. Currently, the CCP has been deployed at the Customs Department of Hai Phong City from March 2015 which was sponsored by the Canadian Government and the Customs Department of Ba Ria – Vung Tau Province from November 2015 sponsored by the Australian Government.

Under the CCP, Ba Ria – Vung Tau Port Control Unit (BR – VT PCU) was officially established under Decision No. 3229 / QĐ-HQBRVT of 19th October 2016 of the Customs Department of Ba Ria – Vung Tau province, with 9 members, including the Deputy Director of the Customs Department of Ba Ria – Vung Tau Province as the Head of the unit and the remaining members of the Customs Branches and others as members.

Ba Ria-Vung Tau PCU is set up in the model of applying advanced risk management measures combined with anti-smuggling control activities to improve the efficiency of inspections and control of containers at seaports in Ba Ria – Vung Tau province. The unit is responsible for receiving and processing information and implementing port control measures to prevent and combat smuggling and illegal transportation of prohibited goods at Ba Ria – Vung Tau seaport. The key tasks include narcotics, wildlife, weapons, insidious goods, prohibited exports and imports.

Ba Ria – Vung Tau PCU has also been trained in basic and advanced method by the UNODC and the WCO and provided with workplace facilities, equipment and tools to support the work.

Some pictures at the opening ceremony:

ba ria vung tau pcu improving the efficiency of container control at seaports
The opening ceremony.
ba ria vung tau pcu improving the efficiency of container control at seaports
Delegates visit the Center of the container control.
ba ria vung tau pcu improving the efficiency of container control at seaports
ba ria vung tau pcu improving the efficiency of container control at seaports
Delegates and members of the Container Control Unit.

By Le Thu/ Hoang Anh

Source: http://customsnews.vn/

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DISCOVERY A CONTAINER OF SMUGGLING GOODS AT CAI MEP PORT

On 5/5, Cai Mep port Customs Branch has coordinated with C74, Border Guard Station of Cai Mep port and Customs Enforcement Unit – Ba Ria – Vung Tau Customs Enforcement to inspect and discover a container of used electronic goods which are prohibited import.

discovery a container of smuggling goods at cai mep port
Smuggled electric goods were seized by Cai Mep Customs Branch on 5/5.

According to Cai Mep port Customs Branch, that shipment was in Minh Dat Fashion Company Limited’s name on the import declaration. The company opened Customs declaration at Chon Thanh Customs Branch – Binh Phuoc Customs Department. They declared that import goods were used steel ball bearings for industry and imported from Japan.

When the shipment arrived Cai Mep port for doing transit procedure to Binh Phuoc, Cai Mep port Customs Branch detected suspicious signs that import goods did not match to customs declaration. Thus Customs authority issued a decision to stop transferring the shipment to Customs supervision area and conduct a physical inspection.

As a result, cargoes in the container were electronic goods and refrigeration products that were used and under the list of prohibited import goods.

As known that this is the fifth smuggled shipment was detected by Cai Mep port Customs Branch since the early of the year until now.

Those are photos of the prohibited import goods:

discovery a container of smuggling goods at cai mep port
Customs officers of Cai Mep Customs Branch checked seal number before opening for inspection.
discovery a container of smuggling goods at cai mep port
Dozens of old grills
discovery a container of smuggling goods at cai mep port
Many amplifies was stained
discovery a container of smuggling goods at cai mep port
Old air conditioners
discovery a container of smuggling goods at cai mep port
Refrigerators were made in Japan

By Lê Thu/Thanh Thuy

Source: http://customsnews.vn

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BINH DUONG CUSTOMS: TRAINING CUSTOMS PROCEDURE FOR JAPANESE ENTERPRISE LEADERS

VCN – On May 4th, 2017, Binh Duong Customs Department collaborated with the Japanese enterprise sub-association in Binh Duong to hold training conference on Customs procedures, import and export tax policy… for Japanese investment enterprises’ leaders in Binh Duong.

binh duong customs training customs procedure for japanese enterprise leaders
Leaders of Binh Duong Customs Department answered questions of enterprises at the conference. Photo: T.D

The Deputy Director of Binh Duong Customs Department Nguyen Truong Giang said that this is an activity aim to renovate the enterprise dialogue. Through this conference, the Customs and enterprise leaders will further communicate. Enterprise leaders will be directly responded questions about the mechanism, policies and laws relating to import and export procedures to comply with regulations.

At the conference, the representative of Binh Duong Customs Department published to the enterprise leaders about regulations and policies on the Customs procedures, inspection and supervision; Notifications about the popular obstacles of enterprises on the import-export duty for processed and manufactured goods for export in the recent time; Regulations on the issue of duty-free lists for creation of fixed assets; General provisions on analysis and classification of goods …

The Post-Clearance Audit Branch also stated some regulations as well as preferential policies for authorized economic operators; some notifications for enterprises in the use of digital signatures and wanted some violations of enterprises during the implementation of Customs procedures in Binh Duong for enterprises to get experience. The Deputy Director of Binh Duong Customs Department Nguyen Truong Giang emphasized that the Customs inspection aimed to the compliance rather than punishment. Accordingly, enterprises should pay attention to the coordination between the units to avoid violations.

At the conference, the representatives of some enterprises also directly asked about production norms for goods processed and manufactured for export. Specifically, the enterprises said that the actual norm shall not be declared to the Customs agency, and it is only presented to the Customs agency in examination process for settlement report, however, in the part of warns on enterprise’s regular (being detected during the examination by Customs) violations noted that the above act violated the provisions.

Answering this obstacle of enterprises, Binh Duong Customs Department said that in the examination process for the settlement report, the Customs agency will examine the accuracy of the norms presented by enterprises, this norm is the actual production norm at enterprises. However, for some reasons (such as the enterprises imported more than the declaration, or exported less than the declaration, or the raw material is lost due to the loose management of enterprise). The enterprise has to balance again and present the norms that are not true with the actual norms, this act is detected when the Customs agency examines, so the enterprise will be fined and has to pay the arrears (if any).

Regarding the goods classification, the representatives of the Import-Export Duty Division also noted that the enterprises need to distinguish between the taking sample for analysis and classification to determine tax code or taking a sample for inspection of the State quality to determine the commodity policy (eligible for import or not). Specifically, for goods are taken for analysis, classification to determine of tax code subject to goods release, meaning that after physical inspection and taking samples and declarations to release goods are implemented, the enterprises shall be allowed to take goods to the market and carry out payment procedures exporters without waiting for the results of classification analysis.

For goods are taken the sample for inspection of the State quality to determine the commodity policy subject to preservation, meaning that after physical inspection and taking samples and are implemented, the enterprises shall be allowed to take goods for preservation and shall be forbidden to use goods without the result of the quality inspection.

By Thu Diu/Ngoc Loan

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CONTINUE TO ADJUST MANY CUSTOMS PROCEDURES TO MAKE SIMPLIFICATION FOR THE BUSINESSES

VCN- Up to now, the General Department of Customs has organized 9 conferences (including general seminars and technical workshops) related to the draft Circular amending and supplementing Circular 38/2015/TT- BTC of the Ministry of Finance.

continue to adjust many customs procedures to make simplification for the businesses
The Customs offices will collect opinions of the businesses in the draft Circular amending and supplementing Circular 38/2015/TT-BTC. In the photo: the professional activities at the Customs Sub-Department North Ha Noi. Photo: Ngoc Linh.

15 articles related to the group of customs procedures, customs inspection, and supervision; 11 articles related to the group of tax issues; 2 articles related to the post-clearance inspection were absorbed and corrected.

According to Deputy Director General of Customs Vu Ngoc Anh, the opinions of the business community would continue to be recognized, absorbed and corrected in order to harmonize regulations on the customs procedures; Simplify the administrative procedures to facilitate the businesses under the spirit of Resolution 19/NQ-CP, Resolution 35/NQ-CP of the Government and concretize the international commitments of the Free Trade Agreements.

Not require the businesses to present the paper records

Acquiring opinions of the enterprises at the previous conferences, the General Department of Customs plans to adjust the regulations on the e-customs declaration upon registration of the declarations, in order to both ensure management and create favorable conditions for the Customs declarants, reduce contact between the Customs and the businesses. The Customs declarants shall submit the complete customs records electronically upon registration of the customs declarations and the Customs officers must use the electronic records for inspection and must not require the Customs declarants to present and submit the paper records (except for documents required to submit the original documents and have not implemented the Single Window such as C/O, license…).

In the case of additional customs declaration, at the previous conferences, some associations agreed to introduce stricter rules of management for additional declarations, accordingly, the declarants implement only additional declarations for objective errors or justifiable reasons. The reasons must be documented with specific proof. However, it is difficult to declare quantities and types accurately for some exporters, importers in the trading form of whole bulks, bulk goods, liquid goods with tolerance, they can only declare accurately after counting shipments or having inspection results. Therefore, additional provisions should be added in this case and the submitted documents should be specified to ensure transparency and avoid the situation that the Customs officials request documents outside the regulations arbitrarily.

This content has been acquired by the Drafting Committee and revised in the direction of supplementing the regulations on the export-import goods in the trading form of whole bulks, whole trips… In addition, the Drafting Committee has remained the content in case of overbooking, wrong delivery, regulated more detailed on verification methods and verification time for procedural transparency; In the case of detecting signs of frauds or smuggling, they shall be handled strictly and not added declarations.

Many points need to be consistent

Regarding the application of the declaration principle on the customs declarations in order to control completely the process from the plan of export, export until the actual export, import, the Drafting Committee prepared to strengthen management of the imported goods and regulations of the exported goods would not be changed temporarily to encourage exporting. Consequently, the Draft maintains the regulations on the declaration of bills of lading, if a bill of lading uses to declare many customs declarations, the bill should be separated to ensure the automatic information exchange with the port businesses, warehouses and yards to make the favorable condition for the customs declared to take the goods without being supervised to confirm by the Customs, it will limit the appearance of duplicate declarations, virtual declarations in the customs system. Temporarily, the Draft discards regulations that the Customs declarants must register the expected export shipment to be issued a unique management number in the customs system for the Customs declarants declare export declaration. Formally, removing this provision will facilitate the customs declarers in declaration, but will not assist in the implementation of Article 41 of the Customs Law, it means that the customs declarers will have to carry out procedures to deliver goods through the supervisory area of the Customs offices before carrying out procedures for taking goods at the port.

In this regard, the representatives of the Customs Hai Phong Department said that this regulation should be implemented because, in the chain of customs clearance, there were not only the Customs authorities but also many other State management agencies. Therefore, the implementation of the identification code for the shipments would help to facilitate the State management agencies for the management and inspection of goods through the National Single Window, so that the time for carrying out procedures would reduce and the goods would be cleared quickly.

Regarding the management policy for export processing and production, the Drafting Committee plans to revise the draft in the direction of reducing the procedures for submitting the financial statements of enterprises. Accordingly, the export processing enterprises provide information on the management and use of raw materials, imported materials, exported products from the production management system of enterprises into the customs system. In cases where organizations and individuals have not provided information via the above method yet, they shall submit the settlement reports quarterly on the use of raw materials, materials, machinery, equipment and export products in the quarter to the Customs at the lasted the 45th day of the quarter.

Commenting on the above content, some large enterprises (Samsung, Intel ..) said that the management system of enterprises can meet the direct connection regulations with the Customs authorities. But the enterprises also expressed concern whether the transmission line system can meet the volume of daily large declarations of the business or not. For example, the Samsung Company is a priority enterprise of the Customs with a large volume of import and export goods. Meanwhile, the information transmission on the VNACCS system with large capacity can cause errors, affect the operation of the company. Or representative of Intel Corporation said that the General Department of Customs should have clear roadmap for the enterprises to enough time to upgrade, complete the system to meet the management requirements of the Customs. In addition, with the specific characteristics of enterprises operating 24/7, during the system upgrading, the Customs agencies must guide enterprises how to not affect production activities.

Besides, many other contents were also contributed by the enterprises. The Drafting Committee said that they would continue to absorb comments of the enterprises to finalize the draft circular. Particularly, regulations on coordination in supervision at airports, seaports would continue to have specific seminars to clarify the management method.

By Ngoc Linh / Binh Minh

Source: http://customsnews.vn/