The General Department of Customs of Vietnam issued Dispatch 5369/TCHQ-GSQL in 2022 on ameliorating the inspection of goods in transit in reality.
Vietnam: To ameliorate the inspection of goods in transit in reality (Internet image)
Correction of physical inspection of goods in transit
Accordingly, a number of border-gate Customs Sub-Departments carry out customs procedures and conduct physical inspection of goods in transit beyond what is necessary. This prolongs the time for customs clearance of goods, increases warehousing costs, and causes frustration for businesses, especially with goods in transit to Cambodia. Regarding this, the General Department of Customs requested the Customs Departments of provinces and cities to:
- Customs procedures, customs inspection, and supervision for goods in transit shall be carried out in accordance with the provisions of the Agreements on transit of goods between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia in 2019; Agreement on transit of goods between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic in 2009; Agreement on transit of goods between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China in 1994; Article 43 of Decree 08/2015/ND-CP (amended by Decree 59/2018/ND-CP); and guidance in Circular 38/2015/TT-BTC (amended by Circular 39/2018/TT-BTC).
- Goods in transit must be tracked by a locator seal while being transported under customs supervision from the import border gate to the export border gate, on the correct route, and within the time frame specified.
Customs Sub-departments at import and export border gates must work together to closely monitor goods as they travel and store in Vietnamese territory.
- Strengthen inspection and control through professional measures; avoid extensive inspection; only conduct physical inspection based on risk assessment; identify transit goods with specific signs of violations.
When carrying out transit procedures at the border gate of exportation, the Sub-department of Customs checks and compares information; if it detects that the means of cargo storage or customs seals show signs of not being in their original condition, the means of transport are not on the correct route and time, or the positioning signal is turned off, the actual inspection of goods shall be carried out.
In the course of customs inspection, supervision, and control, if it is detected that transited goods have violated the law, the violation shall be handled according to the provisions of Decree 128/2020/ND-CP and Decrees on sanctioning administrative violations in other related fields;
If acts of forging Vietnamese origin are discovered, the violation shall be handled, and the net collection of goods in transit shall be handled in accordance with the provisions of Article 17 of Decree 128/2020/ND-CP. If there is information that the consignee has an address in Vietnam, it shall investigate, verify, and handle in accordance with the results of the investigation and verification, so that no violations are missed.
- The units are organized to strictly follow the General Department of Customs' direction; if it is discovered that civil servants and unit leaders are not performing correctly, they will consider and handle the responsibility in accordance with regulations.
More details can be found in Vietnam's Official Dispatch 5369/TCHQ-GSQL in 2022.
Diem My
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |