On January 12, Prime Minister Nguyen Xuan Phuc signed Decision 38/QĐ-TTg approving the scheme of reforming quality inspection and food safety inspection for import goods model with seven breakthrough content. Currently, General Department of Vietnam Customs is deploying tasks assigned by the Prime Minister, the Ministry of Finance. In particular, the important task is completing legal foundation to implement the plan on reforming quality inspection and food safety inspection model for import goods at border gates.

Customs officials of Bac Thang Long Industrial Park Customs
Branch checked import-export goods. Photo: N.Linh

Clarifying implementation procedures 

At a recent working session of the General Department of Vietnam Customs with units under Ministry of Finance, local customs authorities and representatives of some business association, import – export enterprises, Deputy Director General Mai Xuan Thanh requested the decree stipulating on the management mechanism, method, order and procedures on quality inspection and food safety inspection for import goods must closely follow principles that were mentioned in the Decision 38/QĐ-TTg. Complying with the regulation of the Laws: Customs; Product and Goods Quality; Food Safety; and Standards and Technical Regulations at the same time follow the directions and orientations of the Government and Prime Minister in the past on reforming comprehensively in management and specialised inspection for import goods.

Commenting on formulating the draft decree, Nguyen Van Hung, Yusen Logistics Co., Ltd (Vietnam) said the issue on coordination regulation on information collection serving for analysis, risk management and selecting inspection method is not clear. Currently, registration for quality inspection and food safety inspection is still being carried out by many different methods (national single window system, single window of the ministry/sector/locality, or paper documents). Thus information is dispersed and difficult to control. According to Hung, it should only focus on one focal point such as the national single-window portal and create a shared database for Customs, specialised agencies, certification organisations and customs declarants.

Regarding the coordination model for inspection, the draft allows the registration of quality inspection and food safety inspection with both the Customs and other agencies managed/appointed by the ministry/sector. The difference lies only in the scope of application of the inspection method (customs can receive additional registration for the case of reduced inspection). This has not shown a distinct nature, creating more favorable conditions between the selection of registration for food quality and safety inspection with the Customs authority and other management agencies.

To promote its role as a focal point, according to Hung, the customs authority should be the only agency to receive registration for quality inspection/food safety inspection from customs declarants. After registration, enterprises are free to choose an inspection and certification unit (under the customs authority or designated ministries/agencies). When they have a food quality/safety certificate, the inspection and certification unit will share information through the system connected with the quality management agency of the ministry, sector and customs authority for joint information management. The customs authority will implement cargo clearance based on the results of certification of the above organisations; ministries and agencies will supervise compliance in the circulation of goods on the market.

Business concern on sampling

Commenting on the formulation of the draft decree, Tran Duc Nghia, representative of Vietnam Logistics Business Association, highly appreciated the significance of the Prime Minister's signing and promulgating Decision 38/QD-TTg approving the project to reform the model of quality inspection and food safety inspection for import goods. This was good news for the business community.

According to Nghia, in the past, firms had to implement procedures at two addresses at the same time, even three or four locations for an import consignment. Now businesses could choose to only perform procedures at the Customs authority. This was a big change to help shorten customs clearance time for firms, cutting their social costs.

Going into specific content in the draft decree, Nghia said the draft focused on the system of standards and regulations of the concerned ministries and sectors, which was the first basis for the successful implementation of the scheme. Secondly, successful socialisation would help a lot in the process of implementing customs procedures.

Besides that, regarding the sampling, if sampling requires the presence of a customs official, it will be a very large workload, which can challenge the resources of the customs authority, which may lead to prolonging the time for implementing procedures. It should open cases where inspection and certification organisations on conformity can take samples with enterprises.

According to Nghia, in Decision 38/QD-TTg, the subjects that are exempt from inspection procedures are also open quite a lot, but it can expand subjects which subjects to take single samples for research and non-commercial purposes. In fact, there are customers who are facing difficulties due to taking single samples for research purposes. Currently, however, these shipments are considered commercial shipments and they have to apply for a specific mechanism for each time. If it stays like that, it is quite inadequate.

Also commenting on the draft decree, representatives of Saigon Newport Corporation and some logistics firms assessed that the draft decree as another effort of the Government and Customs sector in comprehensive reform, find new directions and change to promote trade facilitation. However, the decree formulation process should specify steps to be taken. In particular, clarifying the problem of sampling principles and or how is the sample goods. So enterprises and customs officials can implement without difficulty.

According to Deputy Director General Mai Xuan Thanh, the decree should bring the spirit of directing the reform of specialised inspection of import goods to facilitate businesses but still have to ensure effective State management of the line ministries for the quality of imported goods, protection of lives, people's health, environmental protection, economic security and national security. In particular, the management mechanism must clarify the implementation process, steps to be taken; required documents; as well as the rights and responsibilities of stakeholders and execution timea