Decree on specialised inspection expected to soon realise PM’s guidance

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Customs officers of Nghi Son port border gate Customs Branch (ThanhHoa Customs Department) inspect import and export goods. Photo: N. Linh

Nguyen Hai Minh - Vice Chairman of the European Chamber of Commerce in Vietnam (EuroCham), said the business community and European businesses in Vietnam all agree that the customs agency will be the leading agency from formulating the project "Reforming the model of quality inspection and food safety inspection for imported goods" to consulting the draft decree on State inspection of quality and food safety for imported goods.

“This Decree or the upcoming regulations on specialised inspection will change the entire structure of specialised inspection in Vietnam and greatly affect the business community, so policy making is a very difficult and takes time,” said Minh.

He said through many revisions, the drafting board has received many comments from enterprises and related agencies. Accordingly, firms have appreciated the customs agency in realising their comments to improve the decree.

There are still matters of concern for the business community. From the perspective of European enterprises in Vietnam, there are some bold points that Customs has introduced in the decree, such as changing the risk management mechanism, as well as reducing overlapping procedures. For example applying one registration number to many importers, but consequences from that reduction are firms are worried about whether one enterprise makes a mistake or deceit, other enterprises will be affected or not? In the latest draft, the General Department of Customs has overcome the consequences for businesses despite reduction.

However, Hai said that in terms of the wording of the decree, it is still necessary to clarify the risk management that is not only risk management by item but also by importer.

For example, when detecting a problematic item that has been granted a code, how will the item be treated? Withdrawal or destruction for the item will be only applied for the importer or other importers. This must be considered carefully.

In addition, some members on food also gave views on identical goods. Whether or not a food item should be included because the criteria for distinguishing identical food items are completely different from other goods.

"The difference in colour and taste is a very basic difference in food products, so this is an issue that must be clarified during the drafting process," said Minh.

Tran QuangTrung - Chairman of Vietnam Dairy Association, raised current inadequacies. Some food items must be inspected by many different agencies to enter Vietnam, causing bottlenecks for firms when they have to wait for inspection, sampling and customs clearance.

Under the tasks assigned by the Prime Minister in Decision 38/QD-TTg on approving the project reforming the model of quality inspection and food safety inspection for imported goods, the General Department Customs and the drafting board have made great efforts to develop the decree on State inspection of quality and food safety for imported goods.

This is a very difficult document, related to many fields under the management of many ministries and agencies and has a great impact on the import-export situation of firms, while the Customs office is assigned by the Government as the leading agency. The coordination of the Customs with ministries, authorities and specialised agencies of the Government and localities is very important.

“If the draft decree is issued, it is a good breakthrough, creating favourable conditions for firms to import into Vietnam while controlling risks, avoiding overlap inspections. However, Customs alone cannot do it all, it needs a coordination mechanism and proactive coordination of ministries and agencies,” said Trung

Trung added that in the process of developing the draft decree, many opinions of enterprises, business associations and relevant agencies have been realised. There are still some technical comments that need to be considered by the drafting committee. For example, regulations on identical goods must be specific. Because when there is a problem, how is traceability conducted? Who is responsible for that shipment?

Also looking forward to new guidelines on specialised inspection to be included soon in the draft decree and issued, Nguyen Dang Kien - representative of the Food and Beverage Subcommittee of the American Chamber of Commerce in Vietnam (AmCham), said the chamber appreciates many reforms mentioned in the draft. The draft has covered all information on the registration of inspection announcement for imported goods on the National Single Window Portal, and connected all State management agencies on specialised inspection on the portal. The strong application of IT will aid businesses upon importation and customs clearance of goods.

Specialised inspection improved VCN-The reformed contents in the draft decree on quality inspection and food safety inspection for imported goods ...

In addition, the draft decree also applies a risk management-based inspection method (tight inspection, normal inspection and reduced inspection) which has been effectively implemented in Decree 15/2018/ND-CP for food quality and safety. These are outstanding reform points in the draft decree that are highly appreciated.