Enterprises are allowed to import chemicals through Chi Ma - Ai Diem border gate

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Customs clearance activities at Chi Ma border gate. Photo: H.Nu

Imports are allowed

According to a representative of the economic zone management board (EZ) at Dong Dang-Lang Son border gate, the unit received a notification letter from China discussing the import of dangerous chemicals through the Ai Diem-Chi Ma bilateral border gate.

Accordingly, the Chinese side said: "The Ai Diem border gate is now eligible for import and export of dangerous chemicals, approved by our superior agency, from December 19, 2022, dangerous chemicals will be imported and exported through Ai Diem border gate. We temporarily allow export products including batteries, carbon dioxide, glue, diesel oil, ammonium nitrate, liquid argon, sulfuric acid, sulfur, phosphoric acid, and paint. And temporarily allow import products including turpentine. It is recommended that vehicles use Vinh Long, Tuan Minh, and HTT yards as yards for gas (liquefied) goods. Simultaneously, widely propagate to goods owners and businesses to increase the clearance of import and export of dangerous chemicals through the bilateral border gate of Chi Ma - Ai Diem”.

According to the notice from China, the items that are allowed to carry out import-export procedures through Chi Ma-Ai Diem border gate are not on the list of prohibited imports according to the provisions of Vietnamese law, so businesses are all allowed to carry out import-export procedures through border gates, including Chi Ma border gate (Lang Son).

Regarding the use of cargo yards for liquid goods, according to Hoang Khanh Duy, Deputy Head of the Management Board of Dong Dang - Lang Son border gate economic zone, at Chi Ma border gate area, there are currently eight wharves and yards that have been recognized by the customs as locations eligible for gathering, loading, inspecting, and supervising import and export goods.

Accordingly, for the import and export of dangerous chemicals, if the enterprises that dock at Chi Ma border gate fully meet the conditions, they will be able to provide services for the goods. At the same time, the selection of wharves and yards to import chemical products will be done by import-export businesses.

However, according to a representative of the Lang Son Department of Industry and Trade, businesses operating in yards at the border gate need to arrange a separate area for storing dangerous chemicals. In particular, in the storage area, it is necessary to hang warning signs and chemical safety sheets at the chemical storage place. Enterprises also need to meet storage standards or chemical prevention and response plans and measures suitable for each volume of chemicals to ensure the chemical safety conditions as prescribed in Decree 82/2022/ND-CP amending Decree 113/2017/ND-CP of the Government guiding the Law on Chemicals.

Regulations need to be followed properly

However, according to the provisions of Vietnamese law, dangerous chemical goods announced by China that are allowed to import and export through Ai Diem border gate are subject to the management of specialized laws. Therefore, to be licensed to import dangerous chemical products, enterprises must fully meet the conditions prescribed by law. Moreover, apply for an import permit issued by a specialized management ministry and all these conditions must be fulfilled before clearing customs.

In which, for chemicals such as ammonium nitrate, liquid argon, sulfuric acid, and sulfur, it is necessary to meet the regulations on advance declaration and transport of chemicals in case of necessity for chemical control or at the request of the quarantine agency, it is necessary to arrange a dedicated area for chemicals.

Customs declaration and reception activities at Chi Ma border gate (Lang Son Customs Department). Photo: H.Nu

In particular, diesel oil has its own regulations on petrol and oil management by the Government, and conditions related to petrol and oil. Specifically, according to the provisions of Decree 95/2021/ND-CP amending Decree 83/2014/ND-CP of the Government regulating petrol and oil trading, when importing diesel oil, it is necessary to have a warehouse of more than 15,000 m3.

Tran Huu Giang, Head of Trade Management Department, Lang Son Department of Industry and Trade, said that Decree 69/2018/ND-CP guiding the Law on Foreign Trade Management stipulating the List of goods banned from import, chemicals such as carbon dioxide, glue, diesel oil, ammonium nitrate, liquid argon, sulfuric acid, sulfur, phosphoric acid, and paint must be done by capable units that meet the conditional business lines and people, facilities, warehouses, processes, transportation, and import procedures. When importing, it is necessary to have an import license issued by the Ministry of Industry and Trade. Used batteries are subject to specialized management by the Ministry of Information and Communications.

Additionally, the import license specifies and details the contents of the quantity, volume, route, and import border gate. According to Tran Huu Giang, based on the Article 6 of Decree 14/2018/ND-CP stipulating border gates to carry out goods trading and exchange activities of traders, there is no regulation specifying the import-export border gate of chemical products.

Therefore, information on border gates in import permits issued by the Ministry of Industry and Trade to enterprises must comply with the provisions of Clause 1, Article 54 of the Law on Foreign Trade Management on the exchange of goods across borders according to main border gates and international border gates and at the request of enterprises.