Will goods go through physical inspection in the absence of customs declarants in Vietnam?
When are goods exempt from physical inspection in Vietnam?
Pursuant to Article 33 of the Customs Law 2014, which regulates the physical inspection of goods in Vietnam:
Article 33. Physical inspection of goods
1. Goods in the following cases are exempt from physical inspection:
a) Goods serving urgent requirements;
b) Special-use goods serving national defense and security;
c) Goods in other special cases as decided by the Prime Minister of the Government of Vietnam.
2. Goods stipulated in clause 1 of this Article, upon the discovery of signs of legal violations, must undergo physical inspection.
3. Goods not stipulated in clause 1 of this Article are subject to physical inspection based on the application of risk management.
4. Goods that are live animals, live plants, perishable, or other special goods are prioritized for early inspection.
5. The Physical inspection of goods is to be conducted directly by customs officials or through machinery, technical devices, and other professional measures.
The Physical inspection of goods must have the presence of the customs declarant or their legal representative after registration of the customs declaration and when the goods have arrived at the inspection location, except in the case stipulated in Article 34 of this Law.
6. Physical inspection of goods at joint inspection locations with a neighboring country shall be carried out according to the agreement between the parties.
7. The Minister of Finance shall detail the Physical inspection of goods.
According to the above regulation, goods are exempt from physical inspection in Vietnam in the following cases:
- Goods serving urgent requirements
- Special-use goods serving national defense and security
- Goods in other special cases as decided by the Prime Minister of the Government of Vietnam
However, these goods must undergo physical inspection upon the discovery of signs of legal violations.
Are goods subject to physical inspection in the absence of the customs declarant? (Image from the Internet)
Will goods go through physical inspection in the absence of customs declarants in Vietnam?
Pursuant to Article 34 of the Customs Law 2014, which regulates the physical inspection of goods in the absence of the customs declarant in Vietnam:
Article 34. Physical inspection of goods in the absence of the customs declarant
1. The decision to inspect goods in the absence of the customs declarant shall be made by the head of the customs office where the goods are stored and they shall be responsible under the following circumstances:
a) To protect security;
b) To protect hygiene, the environment;
c) Upon the discovery of signs of legal violations;
d) Upon the expiration of 30 days from the day the imported goods arrived at the border gate and the customs declarant has not completed customs procedures;
e) Other cases as stipulated by law.
2. The Physical inspection of goods in the absence of the customs declarant shall be conducted as follows:
a) Non-invasive inspection through scanners;
b) Inspection by technical devices, other professional measures of the customs authorities;
c) Opening the goods for direct inspection in the presence of representatives of the state authority at the border gate area, representatives of the transport company, representatives of the port, warehouse, or yard operators. The inspection must be documented with the signatures of the involved parties.
According to the above regulation, the decision to inspect goods in the absence of the customs declarant is made by the head of the customs office where the goods are stored, and they shall be responsible under the following circumstances:
- To protect security
- To protect hygiene, the environment
- Upon the discovery of signs of legal violations
- Upon the expiration of 30 days from the day the imported goods arrived at the border gate and the customs declarant has not completed customs procedures
- Other cases as stipulated by law
What are customs areas in Vietnam?
Pursuant to Article 7 of the Customs Law 2014, the customs areas in Vietnam includes:
- Land border gate areas, international railway stations, international civil aviation airports
- Seaports, inland waterway ports with export, import, exit, entry, transit activities
- Areas for holding goods under customs supervision, export-processing zones, customs preferential areas
- Customs procedure points, bonded warehouses, tax-suspended warehouses, international postal offices, premises of customs declarants when post-customs clearance inspections are conducted
- Locations where export, import goods are inspected within the customs territory
- Other areas and locations meeting state management requirements, permitted for export, import, transit of goods, exit, entry, transit of vehicles as decided by the Prime Minister of the Government of Vietnam
