Customs proactively prevented imported scrap that is sewage into Vietnam

Deputy Director General of Vietnam Customs Mai Xuan Thanh (the second from the right) inspected and grasped the situation of the work of management, implementation of customs procedure for imported scrap at Hai Phong Customs Department on 3/8. Photo: N.Linh

Accordingly, when implementing customs procedure for imported scrap, provincial Customs Department should direct Customs Branches under Department to inspect and compare information about import enterprises, quantity of goods as presented in the customs declaration with the information in the Certificate of environmental protection qualification in import of scrap for use as raw production materials being still valid, notification about shipment of imported scrap. At the same time, customs Branches should base on document No. 4202/TCHQ-PC dated 17/7/2018 and guiding documents of the General Department of Vietnam Customs to immediately settle customs clearance for imported scrap shipment of organizations and individuals that meet import conditions.

For the consignments which are not meeting import conditions, the provincial Customs Departments should handle violations in accordance with the provisions of law.

In particular, the document of the Customs Control and Supervision Department stated that the customs authority did not handle the procedures for the imported scraps shipments which arrive at border gates by road and railway from 1/10/2018.

Remotely prevent the import of "dirty" scrap

Besides the above guidelines, regarding to the management of imported scrap, the General Department of Vietnam Customs has implemented many solutions to prevent the risk of technology waste and scraps being massively imported into Vietnam, causing backlogged scrap at some seaports and risk of causing environmental pollution. In particular, after China implemented the policy of banning import of 24 types of scrap (from 1/1/2018).

According to the analysis of the General Department of Vietnam Customs, many shipments of imported scrap did not meet the conditions of environmental protection in import of scrap for use as raw production materials, so enterprises did not come to do customs procedures or did not process customs clearance procedures with Customs authorities, thus it led to the situation of a large number of types of scrap backlogged at Vietnamese seaports.

Facing this situation, the General Department of Vietnam Customs has quickly implemented a number of measures to prevent scraps and wastes which do not meet the requirements of environmental protection in Vietnam. At the same time, proposing to the competent authorities about shortcomings and loopholes of the policy.

Furthermore, the General Department of Vietnam Customs has directed the local customs authorities and professional units to intensify inspection and examination for the compliance of law on environmental protection in importing scrap, and for strictly handling cases having fraudulent behavior, importing scraps which do not meet the requirements. In April of 2018, the General Department of Vietnam Customs issued a plan to control the risk of importing scrap nationwide. In early August 2018, the delegation of the General Department of Vietnam Customs was directed by Deputy Director General Mai Xuan Thanh, inspected and grasped the situation of management and customs procedures for odd imported scrap at the Hai Phong Customs Department.

At the same time, the Ministry of Finance (General Department of Vietnam Customs) issued Document No. 4202/TCHQ-PC dated 17/7/2018 directing and guiding local customs authorities to implement strict measures for imported scrap. It included the measures of remote prevention when the goods were still on the ship and have not been unloaded to ports yet for waste or scraps goods which fail to satisfy the conditions and environmental standards to import into the territory on the basis of the review, by analyzing the cargo information declared on the manifest before arrival. This was also one of the directions of the Prime Minister in Directive 27/CT-TTg.

To actively fight acts of violation

In parallel with the implementation of customs procedures for imported scrap in accordance with regulations, in order to resolutely handle cases of deliberate violations of customs law and environmental protection law, the General Department of Vietnam Customs (the Anti-smuggling and Investigation Department) have been leading the implementation of the plan "Investigation, verification and handling of violations in the import of scrap", conducting investigation and verification of cases which have signs of suspicion in the operation of importing scrap from 1/2016 to 5/2018 and handling cases of violation in accordance with regulations of the law, focusing on fighting to clarify violations such as:

Making fraudulent certificate of importing scraps, adjusting time, volume, type of scrap which is certified for import; forging, correcting scraps notification by competent authorities; forging, adjusting scrap import certificates; providing documents certifying the conformity of environmental technical norms for the import shipment of scrap which are invalid (forging or legal persons providing certification documents do not have competency).

Many cases of violation have been investigated, clarified. Recently, based on the results of the investigation, on 12/9/2018, the Director of Hai Phong Customs Department signed the Decision 2525/QD-HQHP to prosecute a criminal case on the crime of "Illegal transportation of goods across border", that occurred in Hai Phong port related to Huong Quynh Cam Hung Co, Ltd., and Decision 2526/QD-HQHP to prosecute criminal cases with similar charges related to DFG company.

Previously, regarding the violation in importing scrap, the Customs authorities issued a series of prosecution decisions for criminal cases of committing smuggling acts, forging documents related to companies: Hong Viet Company Limited (address in Ho Chi Minh City); Truong Thinh Private Enterprise (Yen Khanh, Ninh Binh); Duc Dat Import-Export Service Company Limited; Or the illegal transport of 103 tons of scrap discovered at Vinh Hoi Dong border gate.

Quick clearance for eligible scraps

At present, by implementing the instruction of the Prime Minister in Directive 27/CT-TT, the General Department of Vietnam Customs has been directing the inspection agency to gathering human resource and now has guaranteed inspection time for imported scrap in accordance with regulations. From 27/6 (time of implementing measures to enhance the management of imported scrap) to 4/9, Customs Inspection Department has received 2,762 samples of imported scrap, issued 2,761 reports of inspection results, in that detecting 40 cases that did not meet import conditions.

At the same time, the General Department of Customs continued to direct the local customs units to strictly control scrap and used goods which have characteristics of scrap in the geographical areas of customs operation and strictly handle cases of violation; strictly control those items before importing into Vietnam.

At the local customs unit, solutions for the strict management of imported scrap are still being strengthened. Customs Branches at border gates and customs enforcement unit under Hai Phong Customs Department continue to notify individuals and organizations (according to the information on the bill of lading) related to the backlogged shipment of scrap in the area to come to Haiphong port for carrying out procedures; in cases of deadlines over the prescribed time limit when no individuals or organizations come to the unit for implementing procedures, the customs authority would handle in accordance with regulations; To intensify investigation and verification with suspected cases in order to promptly detect and handle cases in which scrap fails to meet import conditions.

At Da Nang Customs Department, Deputy Director of Danang Customs Department Nguyen Huong said that in order to manage this commodity, the leaders of the unit have directed the Da Nang port Customs Branch to work with shipping lines and shipping agents that regularly transport scrap to the port in order to inform them about scrap import policies, the content of the document 4202/TCHQ-PC guiding the management of importing scrap from abroad into Vietnam. If they fail to comply with the regulations, the customs authorities would resolutely not allow the discharge of goods, and force re-export.

In An Giang, head of anti-smuggling and handling of violations (An Giang Customs Department), Ly Viet Thai said that following the instructions of the Prime Minister regarding scrap, the An Giang Customs Department would determine to handle strictly cases of smuggling, if there are signs of criminality, they should consult with competent authorities to prosecute for investigation and direct the border-gate customs branches to strictly implement the Directive 27 of the Prime Minister. Before disallowing the import of scrap by road under the Directive 27/CT-TTg from 1/10, the customs authorities at the border gates must ensure before the clearance of a shipment that it complies to regulations.