Need to clarify responsibility for goods causing environmental pollution

Import – export goods at Hai Phong port. Photo: N.Linh

Clear responsibility

Relating to customs procedures for means of transport on entry, currently, customs declarants can amend and supplement information of dossier of means of transport on entry before and after entering country. However, there is no stipulated time limit for implementing the amendment and supplement. Besides that, Decree 58/2017/NĐ-CP of the Government on customs dossier of means of sea transportation is performed declaration and procedures via online method and paper documents but the Decree 08/2015/NĐ-CP has not clearly regulated those cases.

Besides that, in Article 58 of the Customs Law, it stipulates the responsibility of shipping lines/shipping agents, vehicle owners to transport polluted goods out of the territory of Vietnam. Therefore, it is necessary to supplement instructions for the cases where goods causing environmental pollution must be transported by shipping lines/shipping agents, the owner of means of transport out of the territory of Vietnam, time limit for carrying out shipping.

To clarify cases in which customs declarants make amendments, supplements on the information, which cases are allowed to carry out customs procedures using paper documents and clarify related party's obligations and responsibilities for goods causing environmental pollution, the General Department of Vietnam Customs is expected to propose in the draft decree amending and supplementing some articles and clauses. Amending Clause 4 Article 66 towards allowing customs declarants to submit paper documents if the system has problems that cannot perform electronic transactions and customs procedures for ships on exit and entry with the weight of 200 tonnes or less, carrying the national flag of a country sharing a border with Vietnam to a seaport in the border area of ​​Vietnam with that country.

To amend and supplement Clause 7, Article 67 in the case that the captain, shipping company or other authorised person does not transport goods causing environmental pollution out of the Vietnamese territory as requested by customs authority, customs authorities would not continue to carry out customs procedures for ships entering country of the shipping company. At the same time, supplementing the responsibility of the captain in clause 3 and liability of the shipping company or authorised person in clause 4 of Article 68.

Specifically, supplementing Point c, Clause 3 as follows: “c) Transporting goods at seaports causing environmental pollution as prescribed in Article 58 of the Law on Customs out of the territory of Vietnam as requested by the customs authority"; supplementing Point c to Clause 4 as follows: "c) Transporting goods at seaports causing environmental pollution in accordance with the provisions of Article 58 of the Law on Customs out of the Vietnamese territory at the request of the customs authorities.”

Amending regulations on procedures for goods in transit

Besides provisions on customs procedures for means of transport on exit and entry, the draft also amends regulations on customs procedures for goods in transit. Currently, decree 08/2015/ND-CP, 59/2018/ND-CP specifically regulated on customs procedures for transshipment, storage, divide the shipments into small package, change of transport mode, packing with import and export goods, but there is an inconsistent understanding of where these jobs can be performed, as well as the procedure that has not been electronicised, for example: the procedure for sending a request to allow transferring, storing in the warehouse for dividing, response method of the customs authority.

To simplify administrative procedures, save costs for businesses, promote logistics activities, the General Department of Vietnam Customs proposed to supplement regulations on the method of sending requests as well as the responses of Customs authority in electronic form for the case that an enterprise requests to carry out the transfer, storage, split goods, change mode of transport, or pack together with imported or exported goods. Supplementing regulations about the import border gate and export border gate when carrying out customs procedures for goods in transit.

Specifying locations for dividing goods into small packages, storing, changing modes and means of transport of goods in transit, and packing transit goods with exports for each group, transshipment, storage, shipment separation, change of mode of transport, transit goods packed with exports must be done at border-gate areas, bonded warehouses, yards of bonded warehouses, gathering location of retail collection, and gathering locations, inspection and supervision of import and export goods; places for carrying out customs procedures at ports of import and export of goods established in the inland and places for gathering and collecting goods, inspection and supervision of postal and express goods; the case that enterprise transfers, changes the mode of transport at railway stations.