November 20, 2017 10:44

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Customs enhances the inspection of origin and label from Khaisilk case

12:32 | 08/11/2017

VCN  - To enhance the inspection of origin and label for imported goods, including imported goods which are ordered for manufacture abroad by companies in Vietnam and then imported to Vietnam, the General Department of Vietnam requests the municipal and provincial Customs departments to carry out measures for strict control. 

customs enhances the inspection of origin and label from khaisilk case Concerning about Chinese goods under the guise of Vietnamese goods
customs enhances the inspection of origin and label from khaisilk case Close up the shipment of Converse shoes “made in USA” originating from China
customs enhances the inspection of origin and label from khaisilk case Goods label control - obstacles from regulations
customs enhances the inspection of origin and label from khaisilk case

Customs Officers at Sai Gon Port Zone 1 Customs Branch inspected imported and exported goods. Photo: T. Hoa

Accordingly, Customs units over the country must strengthen the inspection of origin and label in accordance with provisions of Decree 19/2006/ND-CP of the Government on goods origin; Decree 43/2017/ND-CP of the Government on goods labelling; Circular 38/2015/TT-BTC of the Ministry of Finance on Customs procedures, inspection and supervision, import-export duties and tax management for imported-exported goods; and inspection and determination process of origin issued together with Decision 4286/QD-TCHQ of the General Department of Customs and guiding documents of the Ministry of Finance.

The General Department of Customs directs that Customs Branches carrying out Customs procedures actively classify the channel for physical inspection for goods suspected of declaration on origin and information in the label (name of goods, name and address of organization and individual in charge of goods, origin of goods, country code in the label in comparison with those in the Customs dossier).

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The Municipal and provincial Customs Departments must report violations on the origin and label together with related documents to the General Department of Customs (Customs Control and Supervision Department).

Relating to determination of origin, point 1 of Article 27 of Customs Law stipulates the determination of the origin of exported goods as follow: the Custom determine the origin of exported goods based on examination of contents declared by Customs declarants and documents in Customs files and results of the physical inspection of goods. If Customs is doubtful about the origin of exported goods, it shall request Customs declarants to provide documents related to the origin of exported goods and inspect and verify the origin of goods at export production establishments. While waiting for the availability of the inspection and verification results, exported goods shall be cleared in accordance with Article 37 of this Law.

Regarding goods labeling, Clause 1 of Article 9 of Decree 43/2017/ND-CP of the Government specifies that organization or individual in charge of labeling, including supplementary label, shall ensure that the labeling is truthful, clear, precise and exactly reflects the nature of goods.

For labeling for goods manufactured for domestic consumption, Clause 2 of Article 9 of Decree 43/2017/ND-CP regulates that For goods manufactured for domestic circulation, the manufacturer shall be responsible for labeling. If that manufacturer authorizes the labeling to another organization and individual, he/she still must be responsible for their goods.

According to clause 3 of Article 9 of Decree 43/2017/ND-CP, if goods are not eligible for export and are returned for domestic circulation, organizations and individuals in charge of goods consumption shall be liable for labeling in line with the provisions of this Decree.

Regarding supplementary label, clause 4 of Article 8 of Decree 43/2017/ND-CP stipulates, “the content of the supplementary label shall include Vietnamese translation from mandatory information on the original label and additional information according to the nature of the goods as prescribed in this Decree. The organization and individual in charge of labeling shall take responsibility for the accuracy and truthfulness of the mentioned contents. The content on the supplementary label and additional contents shall cause misunderstanding to the content of the original label and correctly reflect the nature and origin of the goods.

Decree 43/2017/ND-CP also stipulates that mandatory contents shown on the label contain: name of goods, the name of address of organization and individual in charge of goods and origin of goods.

If goods are goods, which are processed under processing contract for foreign traders, the goods label and origin is one of the mandatory provisions of the processing contract.

By N. Linh/ Huyen Trang