Risk of fraud in storing import-export and transit goods with domestic goods

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Risk of fraud in storing import-export and transit goods with domestic goods. Photo: N.L

The goods storage area must satisfy conditions

According to the General Department of Vietnam Customs, through the inspection and review of operations of warehouse, yard and port operators at seaports, inland waterway ports, international airports, inland container depots (ICD), international railway stations, and reports inmass media, currently some warehouse, yard and port operators store import-export and transit goods with domestic goods.

The storage of goods does not meet the requirements of customs management, inspection and supervision as prescribed by law, leading to the abuse of this storage for fraud, smuggling of goods to the inland and law violations.

Currently, the legal document system stipulates the responsibilities of warehouse, yard and port operators in management and supervision overimport, export and transit goods, including Article 41 of the Customs Law; Clause 3, Article 4 of Decree No.08/2015/ND-CP amended and supplemented in the Government's Decree No. 59/2016/ND-CP dated April 20, 2018; Article 34 of Decree No. 08/2015/ ND-CP amended and supplemented in the Government Decree No.59/2018/ND-CP; Point a, Clause 1, Article 52dd, Circular No.38/2015/ TT-BTCamended and supplemented in Circular No. 39/2016/TT-BTC dated April 20, 2018 of the Ministry of Finance.

The General Department of Vietnam Customs requests municipal and provincial customs departments to review seaports, inland waterway ports, international airports, inland container depots (ICD), and international railway stations under their management, and directly work with warehouse, yard and port operators to notify them of the regulations of the law and request them to develop the system of warehouses, yards and ports eligible for storage.

Specifically, the storage of import, export and transit goods with domestic goods is not allowed. If warehouses, yards and seaports store domestic goods, they must be arranged in aseparatepassageway, entry and exit between the storage area of import, export and transit goods and the domestic goods.

The storage area for import, export and transit goods and the storage areafor domestic goods must be separate. For inland container depots, after being separated, its area must comply with provisions in Article 31 of Decree 68/2016/ND-CP amended and supplemented in the Government Decree No.67/2020/ND-CP dated June 15, 2020.

The storage areafor import, export and transit goods must be eligible for gathering, customs inspection and supervision before the import, export and transit goods are allowed to go through customs clearance.

Point b, Clause 1, Article 52 dd of Circular 38/2015/TT-BTC amended and supplemented in Circular No.39/2018/TT-BTC dated April 20, 2018 of the Ministry of Finance stipulates that before bringing goods to the storage area, warehouse, yard and port operators shall submit to the Customs the ground plan of the goods storage area. However, through a review on the VASSCM system, these operators have not yet fully submitted the ground plan of the area.

Therefore, the General Department of Vietnam Customs requests municipal and provincial customs departments to review the VASSCM and ask the operators to submit the ground plan of the storage area to the customs. In which, the ground plan of warehouses, yards and seaports must be specified, including the separate storage area between import, export and transit goods and domestic goods; separate measures between the two areas.

The deadline for the operators to complete is no later than December 31. After December 31, if the operators do not submit the ground plan according to the above regulations, the provincial and municipal customs departments shall make a list of the operators to report to the General Department of Vietnam Customs for handling in accordance with the law.

Regarding the time limit for completion of goods storage area at warehouses, yards and seaports, as perthe provisions of the Customs Law, Decree No. 08/2015/ND-CP dated January 21, 2015, Decree No. 59/2018/ND-CP dated April 20, 2018 of the Government and the above request for customs management, inspection and supervision, the General Department of Vietnam Customs requires warehouses, yards and seaports that are eligible for gathering, customs inspection and supervision before the effective date of the Government's Decree No. 59/2018/ND-CP; warehouses, yards and seaports that have been established, are in operation, and have not been recognized by the General Department of Vietnam Customs before the effective date of the Government Decree No.59/2018/ND-CP; warehouses, yards and seaports recognized by the General Department of Vietnam Customs after the effective date of Decree No. 59/2018/ ND-CP, to complete theestablishment of more warehouses, yards and ports for separate storage areasbetween export, import or transit goods and domestic goods before June 30, 2021.

Strictly control newly established warehouses and seaports

Newly established warehouses, yards and seaports which have not been recognized by the General Department of Vietnam Customs or are undergoing procedures to be recognized as eligible for gathering, customs inspection and supervision must complete goods storage areas in accordance with the Law on Customs, Decree No. 08/2015/ND-CP dated January 21, 2015, Decree No. 59/2018/ ND-CP dated April 20, 2018 of the Government, and must conduct customs management, inspection and supervision before being put into operation.

Accordingly, the General Department of Vietnam Customs asks municipal and provincial customs departments managing warehouses, yards and seaports to request warehouse, yard and seaport operators to strictly complywith the law.

After December 31, these customs departments must report the list of warehouses, yards and ports under their management areas, and customs branches; ground plan of the warehouses, yards and seaports; the ground planof separate storage areas between export, import, and transit goods and domestic goods; separate measures amongs the areas; the ground planof the intended separate passageways and the exit and entry for import, export and transit goods with domestic goods.

At the same time, report planning, the deadline for establishment and completion of separate passageways and the exit and entry for import, export and transit goods with domestic goods.

In addition, pursuant to Article 38a of Decree No. 68/2016/ND-CP dated July 1, 2016 amended and supplemented in Clause 2, Article 1 of the Government Decree No. 67/2020/ND CP dated June 15, 2020 regulating the procedures for the recognition of warehouses, yards and sites in seaports, inland waterway ports, international airports, inland container depots andinternational railway stations eligible for gathering goods, customs inspection and supervision, after conducting inspection, survey, report to the General Department of Vietnam Customs, provincial and municipal customs departments must certify the storage area for exported, imported or transit goods.