In what cases are goods suspended from customs procedures in Vietnam? What are the responsibilities of Customs Sub-Departments during the suspension of customs procedures in Vietnam?
- In what cases are goods suspended from customs procedures in Vietnam?
- What are the procedures for proactively suspending customs procedures for suspected pirated goods?
- What are the responsibilities of Customs Sub-Departments during the suspension of customs procedures in Vietnam?
- How to handle goods when the duration of suspension of customs procedures expires?
In what cases are goods suspended from customs procedures in Vietnam?
Pursuant to Clause 1, Article 89 of Decree No. 17/2023/ND-CP stipulating:
Entitlement and procedures for suspending customs procedures
1. During customs inspection, supervision, and control, if there are clear grounds to suspect that imports or exports are pirated goods, Customs Sub-departments shall suspend customs procedures of said goods.
Thus, according to the above provisions, the goods will be suspended from customs procedures when suspected of being pirated goods.
In this case, the competent authority to suspend customs procedures for goods is the Customs Sub-department when detecting clear grounds to suspect that imports or exports are pirated goods.
In what cases are goods suspended from customs procedures in Vietnam? What are the responsibilities of Customs Sub-Departments during the suspension of customs procedures in Vietnam?
What are the procedures for proactively suspending customs procedures for suspected pirated goods?
Procedures for proactively suspending customs clearance for goods suspected of being pirated goods are now implemented in accordance with Clause 2, Article 89 of Decree No. 17/2023/ND-CP, Clause 3, Article 89 of Decree No. 17/2023/ND-CP as follows:
Entitlement and procedures for suspending customs procedures
…
2. Customs Sub-departments must issue decisions on suspension of customs procedures and notify copyright holders, related right holders if possible and importers, exporters about the suspension.
3. Duration of customs procedure suspension shall be 10 working days from the date on which Customs Sub-departments issue decisions on suspension of customs procedure.
Thus, according to the above provisions, the procedures for proactively suspending customs procedures for goods suspected of being pirated goods are carried out as follows:
- Customs Sub-departments must issue decisions on suspension of customs procedures
- Notify about the decisions on suspension of customs procedures for the following subjects:
+ Copyright holders, related right holders (if any);
+ Importer or exporter.
In which, the duration of customs procedure suspension shall be 10 working days from the date of decision.
What are the responsibilities of Customs Sub-Departments during the suspension of customs procedures in Vietnam?
Pursuant to the provisions of Clause 4, Article 89 of Decree No. 17/2023/ND-CP as follows:
Entitlement and procedures for suspending customs procedures
…
4. During the suspension of customs procedures, Customs Sub-departments that issue decision on suspension of customs procedures are responsible for:
a) requesting importers or exporters or copyright holders or related right holders (if possible) to provide documents relevant to the goods (such as catalogs, assessment conclusions, foreign documents, similar case studies);
b) sampling or allowing organizations, individuals to sample to conduct assessment, additional assessment, re-assessment at professional customs organizations or other assessment bodies as per the law (if necessary);
c) cooperating and communicating with state authorities governing copyright, related rights affiliated with the Ministry of Culture, Sports and Tourism regarding right holders, protection capability, scope of protection, and entitlement to take actions against copyright, related right infringement (if necessary);
d) reporting to Customs Sub-departments of provinces and cities and General Department of Customs in order to promptly deal with complicated cases.
Thus, according to the above provisions, during the suspension of customs procedures, Customs Sub-departments that issue decision on suspension of customs procedures are responsible for:
- requesting importers or exporters or copyright holders or related right holders (if possible) to provide documents relevant to the goods;
- sampling or allowing organizations, individuals to sample to conduct assessment;
- cooperating and communicating regarding right holders, protection capability, scope of protection, and entitlement to take actions against copyright, related right infringement (if necessary);
- reporting to Customs Sub-departments of provinces and cities and General Department of Customs.
How to handle goods when the duration of suspension of customs procedures expires?
Pursuant to Clause 5, Article 89 of Decree No. 17/2023/ND-CP stipulating as follows:
Entitlement and procedures for suspending customs procedures
…
5. At the end of suspension duration of customs procedures:
a) If customs authority deems suspended goods to be pirated goods and infringement of copyright, related rights to be within the powers of the customs authority, the customs authority shall impose administrative penalties for copyright, related right infringement, goods infringing copyright, related rights as per the law. If infringement of copyright, related rights are not within the powers of customs authority, the customs authority shall transfer the case to other enforcement authority.
b) If applicants initiate a civil proceeding, customs authority shall comply with remarks of the court;
c) If copyright, related right infringement contains signs of criminal intentions according to the Criminal Code, customs authority shall transfer the cases to competent authorities for investigation and prosecution as per the law;
d) If customs authority deem suspended goods to be not pirated goods, customs authority shall proceed with customs procedures of the shipment and notify relevant parties.
Thus, after the expiry of the 10-day period of suspension of customs procedures, the handling of goods shall be carried out on a case-by-case basis in the above provisions.
LawNet
