Need to amend Circular 48, avoiding the situation of “one goods item have two management policies”

Customs officials of Hanoi Customs Department implemented customs procedures for enterprises. Photo: N.Linh

Previously, relating to the implementation of customs procedures for enterprises importing goods that originate from plants, to strictly manage goods items in the list of herb ingredients attached in Circular 48/TT-BYT of Ministry of Health dated December 28, 2018 (List of herbs ingredient; medicinal extracts, essential oils for medicine; traditional medicines and herbal medicines exported and imported with the identification number of goods according to the list of imported and exported goods of Vietnam), the General Department of Vietnam Customs issued Official Letter No. 6693/TCHQ-GSQL dated October 16, 2020 instructing provincial Customs Departments to guide customs declarants to implement this management policy as prescribed in Decree No. 54/2017/ND-CP of the Government dated May 8, 2017 (amended and supplemented in Decree No. 155/2018/ND-CP dated November 12, 2018).

However, enterprises and customs units reflected about problems when carrying out customs procedures for importing goods originating from plants, specifically: green beans, black beans, soybeans, jujube, docynia and ginkgo biloba for producing food, as well as ginger, garlic and lemongrass to make spices.

These goods are all listed in the list of herb ingredients issued together with Circular No. 48/2018/TT-BYT, but the enterprises are not licensed by the Ministry of Health because they are not used as herb ingredients, as well as enterprises do not meet conditions to apply for granting a license as stipulated in the Pharmacy Law and Decree No. 54/2017/ND-CP.

To solve problems for businesses and avoid congestion of goods at border gates, in the short term, the General Department of Vietnam Customs suggested the Ministry of Health and Ministry of Agriculture and Rural Development provide a list of goods originating from plants but mainly used as food to apply the import policy in accordance with the Government's Decree No. 15/2018/ND-CP dated February 2, 2018, stipulating specifically a number of articles of the Law on Food Safety.

In the long run, to avoid the situation that an imported product subjected to two categories applying under two different management policies, the Ministry of Health should urgently revise Circular No. 48/2018/TT-BYT in the direction: Only lists items used for medicinal purpose as herb ingredients to the List of herb ingredient, and apply management policies in accordance with the Law on Pharmacy and Decree No. 54/2017/ND CP; for products mainly use as food, they should be taken out of the list of herb ingredients, added to the List of food products, and apply the management policy in accordance with Decree 15/2018/ND-CP.

The General Department of Vietnam Customs said that, while waiting for comments from ministries, for imported products used as foods such as: green beans, black beans, soybeans, jujube, docynia, ginkgo biloba, ginger, garlic and lemongrass, the General Department of Vietnam Customs would direct local customs units to handle import procedures for enterprises in accordance with Decree 15/2018/ND-CP.