VCN - Responsibilities of shipping lines in bringing cargo containers through customs-screening; supervising goods in transit from CFS warehouses to other CFS warehouses are the issue the General Department of Customs studies to revise in the draft circular amending and supplementing Circular 38/2015/TT-BTCof Ministry of Finance dated March 25, 2015.
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Adding responsibilities of shipping lines
Regarding customs supervision of imported goods that are brought into, stored, brought out of ports, warehouses, yards, or locations connected to the Customs electronic data processing system, regulations dictate the responsibilities of enterprises dealing in warehouses, yards and ports and responsibilities of the Customs office for goods subject to customs screening, however, the responsibilities of shipping lines (carrier) has not been defined yet.
This problem has caused inadequacies, with some cases where goods have not been registered for customs declaration must be screened, and the screening location is outside the port, leading to the use of means to transport goods out of the port for screening.
The current regulation outlines the responsibility of the Customs office and the responsibility of the port enterprise in supervising and transporting goods to the place of screening. However, according to the reflection of some port enterprises, there are cases where the shipping line (carrier) does not coordinate in presenting goods to the port enterprise to transport to the place of screening.
To meet the management requirements of the Customs authorities for cases with cargo containers with signs of doubt need customs screening, the draft circular needs to provide additional provisions for shipping lines' responsibilities (carrier) in presenting a cargo container for Customs to screen according to regulations.
Regarding supervision of goods in transit from one CFS warehouse to another CFS warehouse, in reality, some enterprises at the Customs Department of HCM City have had problems in the process of transporting goods in transit to different CFS warehouses when packing same containers for transit shipments from many CFS warehouses inside and outside the customs controlled area of the same Sub-Department, but there is no regulation guiding supervision from CFS warehouse to CFS warehouse. Therefore, the draft circular, the Drafting Board proposes to amend and supplement the procedures for supervising transit goods transported from CFS to CFS to pack the same containers.
Adding responsibility for ground service operators at airports
Regarding the responsibilities of enterprises dealing in warehouses and yards at airports in the customs supervision process of imported goods brought in, stored or brought out of warehouses, the current provisions of Circular No. 38/2015/TT-BTC amended and supplemented in Circular No. 39/2018/TT-BTC do not specify the responsibilities of enterprises/business units that provide ground services at airports.
According to the Drafting Board in the process of reviewing and finalising the professional requirements to build an automatic customs management and supervision system for goods exported and imported by air, current customs legislative documents have not defined the responsibilities of the ground service operations for export and import goods(the unit signing a contract with the airlines to exploit goods imported from planes, transport and deliver to enterprises dealing in aviation warehouses and bring export goods from enterprises dealing in aviation warehouses to load onto exit planes)at international airports in areas of customs operation.
Therefore, the content of the draft circular should supplement provisions of the responsibilities of units doing business and exploiting ground services. The General Department of Customs is proposing to amend and supplement Clause 7, Article 52. Specifically, before the time of loading and unloading imported goods into aviation warehouses, the Customs offices' responsibilities are as follows: Prior to the time of plane land, based on the information ofrecords declared on the national single-window system by plane, the list of goods expected to be handled must be provided under the information criteria specified in Form 09 Appendix Xenclosed with this circular, to the system of ground service operations;
The responsibilities of enterprises dealing with aviation warehouses are as follows: Receiving information about goods expected to be handled, the management number of imported goods and the list of screening goods (if any) from the Customs Electronic Data Processing System.
In the process of loading and unloading imported goods into the aviation warehouse, the responsibility of the ground service operations: Providing information (number of trays, crates, "bales if any") of the goods handed over to the aviation warehouse business enterprises to the Customs electronic data processing system according to the information criteria specified in form No. .... Appendix ... issued together with this circular as soon as the handling of goods is completed, handed over to the aviation warehouse business enterprise...
In addition, the draft circular also amends and supplements the regulations on customs supervision of exports brought in, stored, brought out of ports, warehouses, yards and locations connected to the Customs electronic data processing system; amends and supplements regulations on customs supervision of exported and imported goods through border gates, ports, warehouses, yards and places where the system is not connected yet.
By Ngoc Linh/ Binh Minh