Answering suggestions of EuroCham about cargo clearance procedure

Professional actvities at Noi Bai International Airport Customs Branch. Photo: N.Linh

Regarding Vietnam restricting the use of used machinery and equipment which had complicated customs procedures, the General Department of Vietnam Customs said the import of used machinery, equipment and process lines was specified in Decision No. 18/2019/QD-TTg dated April 19, 2019 of the Prime Minister,stipulating criteria, dossiers, order and procedures for importing used machinery, equipment and process lines.

The regulation aims to strictly control and prevent the transfer of obsolete machines, equipment and process lines which are poor quality, cause environmental pollution or fail to ensure labour safety. It contributes to improving the quality of domestically produced products and goods and raising the competitiveness of Vietnamese enterprises.

Customs procedures for used machinery, equipment and process lines would be carried out entirely online; customs dossiers and procedures have also been specified in Circular 38/2015/TT-BTC (amended and supplemented in Circular 39/2018/TT-BTC).

Regarding use of scanning machines during customs clearance, the General Department of Vietnam Customs said according to Article 29 of Circular 38/2015/TT-BTC amended and supplemented in Circular 39/2018/TT-BTC, when goods were classified to the channel of physical inspection, at inspection areas equipped with scanning machines, customs authorities will apply inspections through scanning machines. If detecting signs of violations, customs officials will carry out physical inspections.

The General Department of Vietnam Customs has arranged, installed and used container scanning machines when conducting inspection at several key provincial Customs Departments, with a large volume of import and export goods such as Hai Phong and Hanoi, Ho Chi Minh City, Da Nang, Lang Son, Quang Ninh, Binh Duong.

Regarding the import and export border for goods transported from border gate to border gate, the General Department of Vietnam Customs said according to Clause 4, Article 18 of Decree 69/2018/ND-CP, "goods transported from border gate to border gate must be delivered and taken out of Vietnam at the same border gate area and subjected to the inspection and supervision of the customs authorities from the time when it was brought into Vietnam until it was removed from Vietnam". The guidance on customs supervision is complied with Article 889 of Circular 38/2015/TT-BTC. In case the enterprise imported at one border gate but exported at another, the enterprise is requested to follow customs procedures in the form of temporary import and re-export or transit business.

For EuroCham's proposal about allowing the trademark owner not to provide an identical product for comparing with a counterfeit product, they have to take sole responsibility regarding the confirmation of forged products in suspected cases. While implementing the tasks, when detecting signs of violation of fake goods, the manager of the Customs Branch shall comply with provisions of Article 13 of Circular No. 13/2015/TT-BTC.

Currently, Customs authorities do not require the trademark owner to provide an identical product for comparing with the counterfeit product, and they do not regularly return this shipment to the market because they do not have an identical copy of the fake product from the owner.

Besides the above content, the General Department of Vietnam Customs also answered EuroCham on many other issues related to the management and cargo clearance.