VCN- On 16 April, the General Department of Vietnam Customs issued an official letter to requestprovincial and municipal Customs departments to strengthen management measures and prevent waste imports, smuggling and trade fraud in importing scrap. This new official letter replaces letter6644/TCHQ-GSQL, 4202/TCHQ-PC and regulations related to declaration of scrap import on manifest in official letter 6889/TCHQ-GSQL.
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Focus on prevention
The new instructions focus on preventing scrap imports under steps: receiving, inspecting and handling scrap discharged warehouses, yards and ports; carrying out Customs procedures for scrap imports as raw materials; instructing to download, install and use management software for scrap imports.
Scrap can be imported as raw materials via border gates in accordance with Circular 01/2019/TT-BTC dated 9 January 2019 of the Ministry of Industry and Trade.
Imported scrap can only be discharged from entry means of transport to warehouses, yards and ports if they meet the following conditions: consignee on e-manifest or manifest hasa valid certificate of eligibility for environmental protection in importing scrap as raw material; Consignee on manifest has a deposit confirmation for imported scrap shown on the manifest.
The amount of scrap which can be discharged to ports and transported via inland waterway gates must not exceed the remaining amount of imported scrap on the certificate of eligibility for scrap imports.
Scrap on the manifest must be in the list of scrap allowed to be imported as raw materials for production in Vietnam as per the Prime Minister's regulations.
The General Department of Vietnam Customs also instructs the processes of receiving, inspecting and handling scrap. If the consignee and goods are not declared, the declaration will not be accepted. Customs will notify the reason for the refusal andrequest the declarant to add information via the National Single Window Portal and notify shipping lines, shipping agents and port operators not to allow thedischarge of goods.
The Customs authority will review and analyse information on the manifest within fourworking hours from the time of receiving information on the e-manifest system and handle each case. If thecargo on ships isscrap, it will notify shipping lines and port operators and not permit discharge of the the cargo and request shipping lines to transport the cargo out of Vietnamese territory and handle violations.
If the vessel has not docked or has docked in Vietnam but the cargo has not been discharged to ports and has shown on the e-manifest system as scrap but the consignee on the manifest is not in the list or in the list but the certificate of eligibility for scrap imports is invalid or the enterprise has imported the full amount permitted in the certificate or the enterprise has not yet deposited for scrap import, that scrap shipment shall not be discharged to the port and the shipping line must transport the goods out of Vietnamese territory.
Also, the letter specifies the implementation of Customs procedures for imported scrap as raw material, including: Customs checkpoint, Customs dossier, registration of Customs declaration, checking Customs dossier, physical inspection, Customs surveillance when transporting scrap to centralised Customs checkpoint.
The physical inspection is based on the assessment of law compliance of the Customs declarant; information related to shipments and customs declarant at the period of inspection; and instructions on the risk management system. The rate of physical inspection may be reduced if the declarant submits to the Customs authority documents such as: Inspection Certificate issued by the foreign inspection organisation certifying that the scrap shipment are conformity with Vietnam’s standards; documents showing the origin and quality of imported scrap.
If the shipment is requested by the General Department of Vietnam Customs or hassuspicious signs offailing to meetnational standards on environment or is a scrap shipment, the Customs branch implementing the physical inspection and coordinating with the Customs Department of Goods verification/ Customs branch of Goods verification willtake samples. The sample is made by report. One sample is transferred to the Customs Department of Goods verification/ Customs branch for verification and assessment. The other sample is transferred to the indicated inspection organisation for imported scrap.
The Customs branch will base on the results of inspection and analysis of imported scrap quality for Customs clearance.
If the scrap shipment is not eligible for import, the Customs Department of Goods Verification/ Customs branch of Goods Verification shall report to the General Department of Vietnam Customs to supervise the next scrap shipments, and notify the Anti-smuggling and Investigation Department to investigate and handle in accordance with regulations; and inform Customs Control and Supervision Department to notify to the Ministry of Natural Resources and Environment for the management and supervision.
If the total radiation level exceeds the permitted limit, they must inform the Science and Technology Department to inspect and handle. Requesting the Department to notify conditions for goods that are allowed and not allowed to be imported and exported to the Customs authority for handling.
If detecting that goods are banned from import, temporarily suspended from import orare not declared in containers, the Customs authority will implement physical inspection for the shipment.
The General Department has requested municipal and provincial Customs Departments to inspect and supervise Customs officers in performing their duties. If Customs officers who harass, or delay Customs clearance or do not comply with Customs regulations, they shall be handled.
The Customs Department of Goods Verification shall assign its officers to implement physical inspection for goods and avoid affecting operation and time of Customs branches and inspection organisations, not to cause trouble for enterprises. Supervising and taking responsibility for inspection results conducted by these officers for imported scrap shipments.
By Ngoc Linh/Ngoc Loan