December 12, 2019 20:45

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Draft Decree on the NSW towards socializing the specialized inspection

13:44 | 28/08/2018

VCN - Although the ministries and branches have made great efforts to deploy the Scheme on improving the efficiency and effectiveness of specialized inspection, this deployment still fails to ensure the transparency, predictability and consistency in the legal system on specialized inspection as well as reveals shortcomings.

draft decree on the nsw towards socializing the specialized inspection Plan to cut specialized inspection of the ministries
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draft decree on the nsw towards socializing the specialized inspection Plan of the Ministry of Industry and Trade to promote the Single Window mechanism, the specialized inspection

draft decree on the nsw towards socializing the specialized inspection

Customs officers at Nhon Trach Customs Branch under Dong Nai Customs Department inspected imported and exported goods. Photo: Nguyen Hien.

Therefore, the draft Decree regulating the implementation of administrative procedures under the National Single Window (NSW), the ASEAN Single Window (ASW) and the specialized inspection for imported and exported goods (referred to as draft Decree) is developed towards socializing the specialized inspection.

Over the past time, Ministries have reviewed, amended and supplemented legal documents on the specialized inspection under their management. Accordingly, some new amendments, supplements and replacements have been issued and introduced the risk management principles into the management of specialized inspection. However, the new specialized inspection method has not been implemented by ministries and branches synchronously and consistently.

On 15th May 2018, the Prime Minister also issued Resolution 19-2018 / NQ-CP on measures to reform the specialized inspection, by simplifying and reducing administrative procedures. Accordingly, the Government has set targets and requirements to reduce the proportion of items subject to the specialized inspection to less than 10%, and review and remove 50% of the items on the specialized inspection list. This is to terminate the situation that there is a list of specialized inspection but there is a lack of implementing units. At the same time, it is necessary to publicly disclose the standards and criteria for inspection and to socialize the specialized inspection with the participation of enterprises. This confirms that facilitation to import and export activities is a top priority of the Government. Therefore, the draft decree will provide more facilitation to enterprises through the simplification of Customs procedures and import - export procedures on the National Portal.

At the meeting to review the draft Decree on 15th August 2018, Deputy Director General of Customs, Mai Xuan Thanh, said that the draft Decree would address remaining shortcomings and renovate the specialized inspection method towards facilitating the import-export activities, reducing costs, and shortening customs clearance time. At the same time, applying the risk management method in the specialized inspection process, carrying out the mutual recognition of the results of goods inspection or reducing the quality inspection of imported goods from high-standard countries and regions, reviewing and abolishing overlapping regulations in the specialized inspection, removing the regulation of conformity certification for each imported shipment and by each importer, and narrowing the list of items subject to the specialized inspection at the customs clearance stage.

In order to establish an inter-sector coordination mechanism in the field of the specialized inspection on the basis of information linkage through the NSW mechanism, the draft Decree is also a unified legal framework for comprehensive reform of the specialized inspection towards reducing the number of items subject to the customs clearance stage, facilitating the import and export activities, publicizing the specialized inspection by announcing standards, criteria and method. In addition, ensuring the uniformity of the system of legal documents, overcoming overlaps, conflicts and inadequacies in the specialized inspection documents for imported and exported of goods, Deputy Director General Mai Xuan Thanh added.

Along with the uniformity and the standardization of the specialized inspection process, Ms. Le Thi Nhu Quynh, Director of Legal Department under the General Department of Customs noted that the provisions of the draft Decree also specify the responsibilities of the customs declarant, the specialized inspection agency, and conformity assessment organization. Accordingly, the implementation and responsibility of the specialized inspection results belong to the specialized inspection agency.

At the meeting to review the draft Decree, representatives of almost all ministries and sectors said that the draft Decree had an impact on administrative procedures related to the specialized inspection such as: publicizing the list of items subject to specialized inspection before customs clearance; Restricting the existence of a case where a product must be subject to several specialized inspection procedures stipulated by several ministries and several agencies in the same ministry at the same time; Reducing the number of items subject to administrative procedures before customs clearance and changing the time of specialized inspection from the in-customs clearance stage into the post-customs clearance, thus the customs clearance time will be less dependent on specialized inspection.

Accordingly, the draft Decree stipulates the specialized inspection unifying principles on the basis of technical standards and criteria for building a list before customs clearance. It also provides for a specialized inspection agency, which must be state run and governed, and an appointed conformity assessed organization which is allowed to join a number of specialized inspection activities.

In particular, the application of risk management principles and compliance assessments of organizations and individuals for specialized inspections, specialized inspections on the basis of technical standards and criteria corresponding to each item are published on the National Portal. The assigned State agency shall have the right to select the conformity certification organization appointed by the ministries to take part in a number of specialized inspection stages. Specifically, the draft Decree allows the mutual recognition of the results of conformity assessment in the specialized inspection in accordance with international treaties to which Vietnam has acceded.

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At the same time, facilitating the import and export activities while ensuring the full implementation of regulations. The draft Decree clearly stipulates the cases of exemption of the specialized inspection; clearance of goods subject to the specialized inspection; the responsibility of ministries, branches and related parties in the specialized inspection and coordination in the specialized inspection.

By Dao Le/ Huyen Trang