Draft Resolution on the pilot implementation of the mechanism for guaranteeing customs clearance for exported, imported, and transited goods is currently open for public comments and is expected to take effect from January 01, 2021.
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The time limit for customs clearance guarantees for exported, imported, or transited goods is specifically stipulated as follows:
Exported or imported goods must pay full taxes before customs clearance or release: The maximum time limit for customs clearance guarantee is 30 days from the date of declaration registration. If the guarantee period expires and the guaranteed party has not paid the taxes fully, the insurer is responsible for paying the taxes and late payment fees (if any) on behalf of the guaranteed party.
Goods temporarily imported for re-export business: The time limit for customs clearance guarantee is the duration the temporarily imported goods for re-export business are retained in Vietnam (including the extension period) as stipulated by the Law on Foreign Trade Management. During the customs clearance guarantee period, temporarily imported goods for re-export business are not subject to the export and import taxes.
Goods transiting through Vietnam: The time limit for customs clearance guarantee is the transit time through Vietnam as stipulated by the Law on Foreign Trade Management.
For goods temporarily imported for re-export business, and goods transiting through Vietnam during the storage time in Vietnam, if the guaranteed party arbitrarily transfers the goods for domestic consumption without completing the customs procedures as stipulated, or if the guarantee period expires without the goods being re-exported or taxes fully paid, the insurer is responsible for paying the taxes, late payment fees, and fines (if any) according to regulations on behalf of the guaranteed party.
Imported goods without certificates of origin at the time of customs procedures, but the customs declarant requests delayed submission within a time limit as prescribed by the Minister of Finance: The guarantee period corresponds to the delayed submission period for certificates of origin as prescribed by the Ministry of Finance.
Imported goods with certificates of origin at the time of customs procedures, but the customs authority needs to verify the authenticity from the agency or organization authorized to issue the certificates of origin of the exporting country: The guarantee period is the duration for the customs authority to verify as prescribed by the Minister of Finance.
Goods subject to state quality inspection, but at the time of customs clearance, the customs declarant has not submitted the inspection results or exemption notice from the specialized inspection agency, and the customs authority allows the goods to be taken for storage: The guarantee period is 90 days from the date of import customs declaration registration.
During the customs clearance guarantee period, goods are taken to the storage location notified by the customs declarant to the customs authority and insurer; the guaranteed party is responsible for submitting the state quality inspection results to the customs authority for customs clearance. If the guarantee period expires and the inspection agency has not issued the state quality inspection results, a confirmation letter specifying the issuance time must be obtained for the guaranteed party to request the insurer to extend the customs clearance guarantee period.
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Nguyen Trinh
