November 20, 2017 13:58

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Customs and businesses are confused due to specialized inspections

09:03 | 02/09/2017

VCN- There are many items that both enterprises and customs find it difficult to determine the scope of management and inspection of any ministry due to overlapping legal documents.

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customs and businesses are confused due to specialized inspections
Anh Duong Transportation and Trading Co., Ltd has been rejected twice by the Registry Department to check the quality of imported shipment.

Hard to find the inspection agency

For example, in the case of Anh Duong Trading and Transportation Co., Ltd, the fork lifts used in factories without participating in traffic. According to Mr. Huynh Thanh Loi, Director of the company, forklifts used in factories, factories (HS 8427) are subject to quality inspection when they are imported. However, when the company registered for specialized inspections under Circular No.89 / 2015 / TT-BGTVT of the Ministry of Transport providing for the inspection of technical safety and environmental protection of special-use vehicles and motorcycles in Group 2 of Point 86 of Section IV of Appendix 1 issued by the Ministry of Transport's Circular No. 39/2016 / TT-BGTVT on the list of potentially unsafe products subject to management of the Ministry of Transport, the Department of Registration refused to receive on the grounds that: Special-use vehicles are not specialized subjects of the Ministry of Transport.

According to the regulations of the Ministry of Industry and Trade on checking the quality of imported goods, Mr. Loi said, according to Decision 3648 / QD-BTC of the Ministry of Industry and Trade, fork lift was not under the specialized management of Ministry of Industry and Trade and it has been separated from the list of goods in group 2 according to Circular 29/2016 / TT-BCT of the Ministry of Industry and Trade.

Being refused by the Registry Department, the company decided to register for import inspections according to regulations of the Ministry of Labour, War Invalids and Social Affairs (at Point 8, Appendix 4 to Decision No. 08/2006 / QĐ- BLDTBXH promulgating the provisional regulation on quality inspection of products and goods and Circular No. 03/2010 / TT-BLDTBXH on the list of products and goods in group 2), Region II of the Ministry of Labor, Invalids, and Social Affairs received and issued registration numbers for quality inspection upon import.

However, when company carried out Customs procedures at some Customs Branches, it was refused specialized inspections by the Ministry of Labour, War Invalids and Social Affairs for the reason that they are specialized subjects of the Ministry of Transport and the list of Group 2 of the Ministry of Labor, Invalids and Social Affairs does not apply to imports under Document No. 11862 / TCHQ-GSQL dated 19th December 2016 on quality inspection for goods in group 2 under the responsibility of the Ministry of Labour, Invalids and Social Affairs.

Confused about regulations on specialized inspections, Mr. Huynh Thanh Loi said: "Enterprises do not know about fork lifts used in the factory when importing to register to check the quality of import in which ministry?"

The Huynh Thanh Loi's question has been moved to online exchange on e-customs newspaper, held on 29th August 2017 for State management agencies to solve problems of the company upon import.

Which ministry to manage?

Not only was the company confused about specialized inspections, but Customs agencies also found it difficult to handle the items under the management of many ministries.

Recently, the General Department of Vietnam Customs has invited 3 ministries: the Ministry of Industry and Trade, the Ministry of Information and Communications, the State Bank of Vietnam to answer the question of automatic data processing Bitcoin and Litecoin.

According to the information provided by the company, the automatic data processing machine, which is installed on the graphics chip, serves the main purpose of deciphering the system of script algorithm chain (called as Litecoin) and the system. The SHA256 (called as Bitcoin), which can then be split into regular graphics, instead of a video card (VGA) as in Vietnam.

According to the General Department of Vietnam Customs, based on the List of goods banned from exports, imports and the list of exported and imported goods under license and subject to specialized inspections issued with Decree 187/2013 / ND-CP, the Government has not specified this item. According to Circular No. 15/2014 / TT-BTTTT of the Ministry of Information and Communications, automatic Bitcoin and liecoin decoders (HS code 8471.50.90) belong to specialized inspections of the Ministry of Information and Communications. However, there have been no regulations on procedures, conditions, and forms of management, so it is unclear whether the item is subject to a conditional import or import license.

Regarding the investment in the design of Bitcoin, litecoin and virtual currencies, on 21st July 2017, the State Bank of Vietnam issued a written reply to a citizen's petition that Bitcoin and litecoin, in particular, were not monetary and were not legal means of payment in accordance with the Vietnamese Law. The issue, supply and use of virtual currency in general and bitcoin, litecoin in particular (means of payment unlawful) as currency or means of payment are prohibited. However, the import of large amounts of computers, not involving the use of virtual currency as a means of payment, does not violate under the functions and tasks of the State Bank of Vietnam.

Therefore, when the Customs force conducted Customs clearance for the batch of automatic data processing machines, they were confused because it was unclear whether computer data processing automatic bitcoin decoding, was prohibited from imports and exports or not according to the regulations of the Ministry of Information and Communication, the Industry and Trade or the State Bank of Vietnam.

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It is reported that in order to have a basis guiding the local Customs and enterprises to uniformly implement the policy of managing imports and exports, the General Department of Vietnam Customs has proposed to the State Bank of Vietnam, and the Ministry of Information and Communication to have specific opinions on the import of the above items.

By Ngoc Linh/ Hoang Anh