Guidance on notification for seeking owners of backlogged goods in the area of customs operation in Vietnam

Guidance on notification for seeking owners of backlogged goods in the area of customs operation in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Guidance on notification for seeking owners of backlogged goods in the area of customs operation in Vietnam

According to Article 8 of Circular 203/2014/TT-BTC stipulating the notification for seeking owners of backlogged goods in the area of customs operation:

- For backlogged goods specified at Points b, c and d, Clause 2, Article 1 of Circular 203/2014/TT-BTC, within 5 working days after receiving information about backlogged goods from the backlogged goods-managing enterprise, the Customs Branch concerned shall make a notice on backlogged goods.

In case the provided information about backlogged goods is insufficient or needs verification, the time limit for notification may be prolonged but must not exceed 10 working days after receiving information from the backlogged goods-managing enterprise.

- The notification on backlogged goods shall be:

+ Published in the Customs newspaper for 3 consecutive issues;

+ Posted in the Customs e-portal and the website on state property;

+ Displayed at the head offices of Customs Departments and Customs Branches.

- The time limit for the goods owner to come to receive the goods is 60 days after the first-time notice is issued. For perishable goods, frozen goods, toxic or hazardous chemicals or goods with under 60 days of remaining shelf life, this time limit is 15 days after the first-time notice is issued.

- Within the notified time limit for receiving goods, if the goods owner/carrier comes to receive the goods, he/she may carry out customs procedures and shall be sanctioned in accordance with the law on handling of administrative violations in the field of customs and shall bear expenses arising from the delayed receipt of the goods.

In case customs declarations are registered with another Customs Branch, this Customs Branch shall notify the registration in writing to the Customs Brach managing backlogged goods for monitoring and carrying out of subsequent procedures.

- Past the time limit specified in Clause 3 of Article 8 of Circular 203/2014/TT-BTC, if no one comes to receive the goods, within 5 working days after this time limit expires, the Customs Branch concerned shall report such to the director of the Customs Department concerned for handling under the guidance in Circular 203/2014/TT-BTC.

- Cases not subject to notification:

+ Goods whose owners declare to abandon or perform acts showing their abandonment as prescribed in Article 5 of this Circular;

+ Goods which are identified by customs offices to be on the list of goods banned or suspended from export or import as prescribed in Article 7 of Circular 203/2014/TT-BTC.

2. Guidance on inspection and verification of backlogged goods in the area of customs operation in Vietnam

Guidance on inspection and verification of backlogged goods in the area of customs operation in Vietnam according to Article 7 of Circular 203/2014/TT-BTC are as follows:

- For lots of backlogged goods showing signs of law violation, within 15 days after receiving a notice of the backlogged goods-managing enterprise, the Customs Branch concerned shall inspect, verify, and determine the actual state of, the goods.

- If detecting through inspection and verification that the goods are on the list of goods banned or suspended from export or import, such goods shall be handled in accordance with law, and notification under Article 8 of Circular 203/2014/TT-BTC is not required.

If detecting that the goods are other than those banned or suspended from export or import, the Customs Branch concerned shall seal up the goods and hand them to the backlogged goods-managing enterprise for preservation pending the carrying out of notification procedures prescribed in Article 8 of Circular 203/2014/TT-BTC.

- The backlogged goods-managing enterprise shall show the goods to the customs office for inspection and verification under regulations. This enterprise and the carrier may not request the customs office to pay in advance expenses for goods storage in warehouses, storing yards or containers upon inspection; the payment of such expenses must comply with Clause 7, Article 17 of Circular 203/2014/TT-BTC.

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