Customs officer at Hai Phong port area 3 (Hai Phong Customs Department) inspects import and export goods. Photo: N.Linh

Additional regulations on the first import border gate

These are outstanding contents in the draft Decree amending and supplementing Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government, stipulating in detail and implementing the Customs Law on procedures, inspection, supervision and control (the draft has been completed by the General Department of Vietnam Customs and submitted to the Ministry of Finance for reporting to the Prime Minister).

According to Deputy Director of the Customs Control and Supervision Department (General Department of Vietnam Customs) Dao Duy Tam, in Clause 1, Article 43 of Decree No. 08/2015/ND-CP (amended and supplemented in Clause 19 of Article 1 Decree No. 59/2018/ND-CP) it is stipulated that goods in transit must carry out procedures at the first and last border gate, for both import and export. However, the problem is that there is no regulation on what is the first import border gate and final export border gate apply in the case of goods in transit.

Therefore, to ensure transparency and clarity, the draft Decree specifically supplements the first import border gate and the final export border gate in Clause 20, Article 1 of the draft (amending and supplementing Article 43 of Decree No. Decree No. 08/2015/ND-CP).

A new point in the draft is the regulation on making customs declarations in the case of transshipments, storage, changing mode of transport and means of transport. The draft Decree does not stipulate making declarations at every stage in the case of transshipment, storage, change of mode of transport, means of transport.

Accordingly, enterprises and relevant customs branches shall carry out customs procedures in accordance with regulations of the Ministry of Finance for goods subject to customs supervision. At the same time, stipulating the sending of request applications, receiving and responding to the application through the Customs Electronic Data Processing System.

Regarding regulations for goods in transit, which are separated or packed together with imported or exported goods, the draft Decree abolished regulations on separating and packing transit goods with exported and imported goods in different locations, which are not the area of ​​the first import border gate and the final export border gate.

Accordingly, goods in transit can only be separated (transit shipments or goods in transit with imported goods) at the first import border gate. Transited goods are packed together with exported goods at the first import border gate and the final checkpoint of export if a number of conditions are met. At the same time, to reduce administrative procedures in this case, the draft Decree does not require customs declarant to submit a written request for the separation and packing because these jobs are being carried out in the border gate area and is under the supervision of the Customs (similar to goods separated in the CFS warehouse at the border gate).

Adding responsibility for baggage handlers

Procedures for the luggage of people on exit or entry were also amended and supplemented in the draft Decree to handle cases where passengers refuse to receive goods.

According to the analysis of the Customs Control and Supervision Department there are many cases where luggage is accompanied by passengers on the flight, but when Customs authorities detect signs of violation, they refuse to receive the goods, causing difficulties in the management. The Decree does not have specific regulations on the responsibility of the baggage handler or its legal representative in case the owner of the luggage cannot be identified and the handling of this baggage.

Currently, in Decree 08/2015/ND-CP (amended and supplemented in Decree No. 59/2018/ND-CP), is a new regulation on the handling of goods in case the goods are carried by people on exit and entry, that deposit in the warehouse exceeding the time limit . Clause 7, Article 59 of the draft Decree state that regulations on the responsibilities of the baggage handler or its legal representative are added in case the owner of the luggage cannot be identified, or the luggage has no receiver.