Cross-border e-commerce will enter “orbit” when decree is issued

E-commerce has been strongly developed in Vietnam recently. Source: Internet

According to the Customs Control and Supervision Department, cross-border e-commerce activities have been strongly developed in Vietnam recently, with goods traded via e-commerce usually small and low value goods and personal goods for personal consumption.

Due to simple and convenient transactions, the number of export and import goods traded via e-commerce has increased rapidly recently.

Meanwhile, the current system of legal documents lacks regulations on the management of this type of export, leading to difficulties in implementation and not facilitating this type.

For example, there are problems with customs dossiers and determining customs valuation for tax calculation. Because the buyer has no documents relating to the value of export or import goods, especially documents to prove the transaction value of the goods, the customs authority lacks a basis to calculate tax.

In addition, Customs and postal enterprises are under pressure for the speed of cargo clearance. Risk management for this type has not been applied because there is no information sent in advance on export or import goods, so there is not enough data to issue a decision on exempting inspection for import and export goods.

Besides that, cross-border e-commerce activities also create problems for goods subject to licensing, conditions and specialised inspection for import goods. The reason is that buyers are mainly individuals so they do not know regulations on import and export management policies, nor specialised management for goods traded via e-commerce. In many cases, goods are sent to Vietnam but goods lack the licenses or fail to meet the conditions for specialised inspection.

Meanwhile, the law on specialised management does not have regulations on exemptions from specialised inspection for goods for personal purposes that are not used for business purposes and are traded via e-commerce.

While the dossier for granting licensing/specialised inspection of specialised management units is only relevant to the unit importing goods for business activites, individuals and importers that import goods for personal use do not have documents ineligible for granting license.

According to the Customs Control and Supervision Department, to remove the above problems, it is necessary to have regulations. It is expected solutions will be specified in detail in the Decree on Customs management for export and import goods transacted via e-commerce under a scheme approved by the Prime Minister in Decision No. 431/QD-TTg dated March 27, 2020.

Recently, the Ministry of Finance submitted to the Government the proposal on developing a decree on customs management for export and import goods traded via e-commerce.

After the Government has approved the request for decree formulation, the Customs Control and Supervision Department will develop the draft decree, collect opinions and submit to the Government for considering promulgation.