Whether or not the Noi Bai Express Customs Branch prolongs Customs procedure?

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3 declarations of Tan Viet My Joint Stock Company are declared in different values

Leaving many times

On 11th October 2017, the Journalists and Public Opinion posted an article with title “Nearly to the business day, business calls the Prime Minister for help” which reflected that for more than past 3 months, Tan Viet My Joint Stock Company (the exclusive distributor of medical equipment of BOVIE firm in Vietnam) could not release imported goods at Noi Bai Express Customs Branch (Ha Noi Customs Department) due to the lack of responsibility of the Branch.

Specifically: On 18th June 2017, according to the contract signed between 2 parties, BOVIE firm transferred 2 electric surgical knives model A950-220 and A1250U with a total weight of 11.1 km under air waybill of lading No. 5693393580 to Tan Viet My Joint Stock Company.

Tan Viet My complied with the current instruction and carried out procedures such as: Applying for import license of Ministry of Health No. 6836NK/BYT-TB-CT dated 16th August 2017; Announcing standards for medical equipment type A (receipt No. 170001178 / PCBA-HN dated 28/8/2017 of the Hanoi Department of Health).

During carrying out Customs Procedures at Noi Bai Express Customs Branch, implementing the physical inspection for the 2 electric surgical knives, the Branch detected that one of them was model A950-220 under the import license but in fact, it was model A952.

The representative of Tan Viet My had many working sessions as well as sent official letter to Ha Noi Express Customs Branch to explain that the mistake belonged to BOVIE firm, so the Company proposed to transfer the electric surgical knife with the wrong model to the storage to complete legal procedures and re-export it and quickly carry out Customs clearance for the true model for project of medical examination and treatment for people. However, these proposals above were rejected by Ha Noi Express Customs Branch.

According to the information in the article, Mr. Nguyen Truong Giang said that the leader of Ha Noi Customs Department requested to recheck the case and each unit in charge of the case. The results showed that the information in the article was inaccurate. Mr.Giang affirmed that the Customs officers complied with provisions of the law on Customs procedures, enthusiastically guided and responded to the Company on applying for a license.

Specifically, Mr. Giang said that on 18th June 2017, the e-Customs Clearance system of received the declaration model H11 (non-commercial purpose) of the Tan Viet My Company on importing colposcopy machine valued US$ 600; the system automatically classified the shipment into Red channel.

On 19th June 2017, the representative of the Company (under the letter of introduction) submitted the dossier to Customs officers of Ha Noi Express Customs Branch to check. After reviewing the dossier, the Customs officer responded via the system and directly discussed the representative and proposed the Company to consider that the shipment whether or not have to be applied for the license of the Ministry of Health.

Mr. Giang also said that through checking dossier as well as specialized works, the Customs suspected that the shipment was declared at a lower price than its actual price.

“However, more than 2 months, the Company did not carry out Customs procedures as well as responded to the Customs (although the Customs officers of Noi Bai Express Customs Branch called many times). In this time, the Customs assumed that the Company was applying for a license of the Ministry of Health, so it did not carry out the Customs procedures” Mr. Giang said.

After 2 months, on 30th August 2017, the e-Customs clearance system received the information of the declaration of Tan Viet My Join Stock Company. This time, the company declared the model A11 (Import for business), the system automatically classified the declaration into Red channel.

On 31st August 2017, the company sent another representative to carry out Customs procedures, Ms. Tran Thi Thuy Duong (under the letter of introduction). At the headquarters of the Branch, Ms. Duong submitted relevant documents.

However, after checking the dossier, the Customs officer realized that the name of goods in this declaration was different from the initial declaration, the goods were electric surgical knives for operating- room with the value at US$ 600.

According to Mr. Giang, during checking dossier and comparing to the same commodities on the system, the Customs officers of Ha Noi Express Customs Branch suspected on the declared value lower than the same commodities and consulted that the Company could choose the advance ruling at the time of Customs clearance or post-clearance audit. The Company proposed post-clearance audit.

After checking the paper dossier, the Branch requested the Company to present the goods for physical inspection. Through the inspection, the Customs officers detected that one of two commodities was wrongly declared on the model compared to the license of the Ministry of Health and the list of goods classification of the manufacturer. The company declared electric surgical knife for operating-room, model A950-220, Bovie brand new 100% but in fact it was model A952. The other commodity was correctly declared compared to the license of the Ministry of Health and the list of goods classification of the manufacturer.

Notably, during the inspection, the Customs detected the documents enclosed with the shipment including: Air waybill, Invoice with the unit price, the value that did not match with the documents in the Customs dossier and declaration. The total amount in invoice US$ 4,000 (2 commodities) but the company declared only US$ 600.

The Customs officers of the Branch made a report on this case with the witness of the representative of DHL Express Company. However, the representative of the Company did not sign the report and left. After that time, the Customs repeatedly contacted with Ms.Tran Thuy Duong- the representative of the company to propose the company to carry out Customs procedures. However, Ms. Duong did not go to the Customs office to carry out the procedures.

The Branch sent an invitation letter for 3 times. Before the third invitation, on 28th September, the Branch received an Official letter dated 25th September 2017 of Tan Viet My Joint Stock Company proposing the Customs procedures of the shipment. On 29th September, the Branch issued Official letter 973/ HQCPN responding to the company. Mr. Giang affirmed that the Branch immediately and promptly responded to the company (Not as the article mentioned). The Branch requested the company to carry out Customs procedures in accordance with the regulations.

During this time, Mr. Giang said that on 22nd September 2017, the system of the Customs received the declaration of Tan Viet My Joint Stock Company on the electric surgical knife for operating-room with the value shown on the Invoice.

During the handling the dossier, the Branch sent the invitation 3 times to the company. On 10th October 2017, the company sent another representative-Mr. Hoang Van Dung to implement the Customs dossier. At the working session, the Branch requested the company to continue to carry out the Customs procedures for the above shipment. Specifically, the commodity was correctly declared, the Branch proposed the company to pay tax to carry out Customs procedures as per regulations. The commodity which was wrongly declared compared to the license and the declaration could be handled for violations and forced to be re-exported or the company applied for the Ministry of Health to amend the license.

At the working session with Mr. Hoang Van Dung, the Customs made a report on Customs administrative violation for the commodity that wrongly declared. Mr. Dung signed this report (the report was not erased as the article stated). However, after the working session, the representative refused to carry out following Customs procedures and left.

The Customs complied with regulations

In the process of checking this problem, Mr. Giang affirmed that all the Customs process for the shipment of Tan Viet My Joint Stock Company was saved on the system and work diary of Customs officers. On the side of the Customs Branch, the Customs officers complied with provisions of the Customs law and enthusiastically instructed and responded to the Company on applying for the license and providing relevant documents to clarify the low value. The leader of Ha Noi Customs Department directed to check all processes and the result showed that the behavior and attitudes of Customs officers did not make troubles and harassment for the company.

Arrange a flexibility working schedule of Entry Luggage Customs Procedure Team at Noi Bai airport VCN – This activity is aim to overcome the exist shortcoming and perform customs management task better ...

For the company, it lacked responsibility in implementing the Customs procedures, the same issue is done by many different applicants. Although the Customs guided to remove difficulties arising, they left out of the Customs office without a reason. Besides, the company did not provide full dossier as required with the wrong declaration and lower value” Mr. Giang said.

Regarding the handling this issue, Mr. Giang said that the leader of Ha Noi Customs Department directed the Ha Noi Express Customs Branch to continuously invite the Director or legal representative of that company to the office to explain and carry out Customs procedures. In which, the Branch requested the company to pay full tax obligation and cleared the commodity which was in line with the license. Requesting the company to re-export the commodity which was not in line with the license as per regulations.