Are goods used for urgent requirements exempt from physical inspection when going through customs procedures in Vietnam?
Vietnam: What are goods used for urgent requirements?
According to Clause 1, Article 50 of the Law on Customs 2014, it is stipulated as follows:
Customs inspection and supervision of goods used for urgent requirements and goods exclusively used for security and defense purposes
1. Goods used for urgent requirements means goods serving the remedy of consequences of natural disasters or epidemics or goods to meet urgent relief requirements.
Goods used for urgent requirements shall be certified in writing by competent regulatory bodies.
Customs declarants may use incomplete customs declarations or documentary evidence in substitution of customs declarations for carrying out customs formalities. According to incomplete customs declarations or documentary evidence in substitution of customs declarations, customs authorities shall to decide whether to grant customs clearance for goods.
Within 30 days from the day on which the incomplete customs declarations are registered or documentary evidence in substitution of customs declarations is submitted, customs declarants shall submit the complete customs declarations and relevant documents in customs documents.
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Thus, goods used for urgent requirements means goods serving the remedy of consequences of natural disasters or epidemics or goods to meet urgent relief requirements.
Are goods used for urgent requirements exempt from physical inspection when going through customs procedures in Vietnam?
Are goods used for urgent requirements exempt from physical inspection when going through customs procedures in Vietnam?
According to Point a, Clause 1, Article 33 of the Law on Customs 2014, physical inspection of goods is stipulated as follows:
Physical inspection of goods
1. The following goods are exempted from physical inspection:
a/ Goods used for urgent demands;
b/ Goods exclusively used for national defense and security purposes;
c/ Goods used for other special cases as decided by the Prime Minister.
2. If there is any violation is detected in goods as prescribed in Clause 1 of this Article, such goods shall be physically inspected.
3. For goods other than those as prescribed in Clause 1 of this Article, physical inspection shall be conducted based on the application of risk management.
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Thus, goods used for urgent requirements are exempt from physical inspection when carrying out customs procedures.
Note: Goods used for urgent requirements that are found to have signs of violating the law must be physically inspected.
Which goods shall be prioritized for inspection in Vietnam?
According to Clause 4, Article 33 of the Law on Customs 2014, physical inspection of goods is stipulated as follows:
Physical inspection of goods
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4. Goods which are live animals or plants, hard to be preserved or other special goods shall be prioritized for inspection.
5. Physical inspection of goods may be conducted by customs officials manually or with the aid of machines, technical equipment or by other professional measures.
The physical inspection of goods shall be conducted in the presence of customs declarants or their legal representatives after customs declarations are registered and goods are transported to places of inspection, except the cases prescribed in Article 34 of this Law.
6. The physical inspection of goods at places for joint inspection by Vietnamese customs authorities and customs authorities of neighboring countries shall be conducted under agreements between Vietnam and these countries.
7. The Minister of Finance shall provide guidance on the physical inspection of goods.
Based on regulations, goods which are live animals or plants, hard to be preserved or other special goods shall be prioritized for inspection.
Physical inspection of goods may be conducted by customs officials manually or with the aid of machines, technical equipment or by other professional measures.
The physical inspection of goods shall be conducted in the presence of customs declarants or their legal representatives after customs declarations are registered and goods are transported to places of inspection, except the cases prescribed in Article 34 of Law on Customs 2014, specifically as follows:
Physical inspection of goods in the absence of customs declarants
1. Heads of customs authorities in places where goods are retained shall decide and take responsibility for the physical inspection of goods in the absence of customs declarants in the following cases:
a/ For security protection;
b/ For hygiene and environmental protection;
c/ Upon detection of law violation;
d/ The customs declarants have not conducted customs formalities at the border checkpoint although the imported goods arrive over 30 days;
dd/ Other cases prescribed in regulations of law.
2. Physical inspection of goods in the absence of customs declarants shall be conducted in the following forms:
a/ Non – intrusive inspection;
b/ Inspection with technical equipment and other operational measures of customs authorities;
c/ Opening goods for direct inspection in the presence of representatives of the government authorities at the border checkpoint, the transportation enterprises and the enterprises trading ports and depots. An inspection record shall be made and signed by related parties.
Accordingly, the physical inspection of goods in the absence of customs declarants is carried out in the above cases.
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