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ENCRYPTION OF SPECIALIZED MANAGEMENT AND INSPECTION POLICIES: MEASURE TO UNIFY VNACCS AND NSW PORTAL

VCN – The encryption of specialized inspection and management documents is an important requirement to fulfill the State management requirements for export and import goods subject to specialized management and inspection, and unify the information exchange between the National Single  Window portal and the VNACCS/VCIS. 

encryption of specialized management and inspection policies measure to unify vnaccs and nsw portal
Operational activity at Da Nang Customs Branch Photo: N.L

In order to implement this requirement, the General Department of Vietnam Customs implemented a centralized review period (from 7th to 10th June 2017) for the administrative procedures of management policies for exported and imported goods.

Mr. Ngo Minh Hai, Deputy Director of the Customs Control and Supervision Department, said that the review for documents on specialized management and inspections had been conducted regularly by the General Department of Vietnam Customs especially since implementing the Government’s guidance in Decision 2026/QD-TTg approving the Scheme on Solutions to improve the effectiveness and efficiency of specialized inspections and Resolution 19 in the past 4 years.

It can be seen that the review of administrative procedures on the management policies for imported and exported played an important role in administrative reform. Through the review, the Customs proposed the Government to direct relevant ministries and departments to amend many administrative procedures in a simpler way and facilitate the imports and exports and clearance goods. According to Mr. Hai, it was necessary to review to encrypt the specialized management and inspection documents for e-customs declaration.

During this period, the General Department of Vietnam Customs and the provincial and municipal Customs Departments requested that ministries and sectors should review the entire administrative procedures of the management policies for imported and exported goods, including 270 administrative procedures of management policy. Including import license, export license; Notification of approval or exemption from inspection of quality, food safety, quarantine. Customs also reviews documents required during implementing customs procedures that are not the result of the administrative procedure of a ministry or sector (conditions for importing goods). For example certificate of business registration, investment certificate or business certificate in which the fertilizer business certificate issued by the competent authority.

For each administrative procedure of management policy, it is necessary to review that it is correct and sufficient contents such as: agency which issues documents regulating on management policies; Type of management policy (ban, license, automatic license, quotas, quality control, Veterinary Quarantine, phytosanitary, food safety inspection …); Administrative procedures; Results of the administrative procedures; Validity of the administrative procedures; Objects of exemption; legal framework; List of applicable goods; Time of document presentation and submission.

The large volume of the list of administrative procedures that regulate the management policy for exported and imported goods, the representative of the Customs Supervision Department also presented the contents that are expected to cause great difficulties when reviewing, such as the list of applicable goods. Because ministries and sectors issued documents which are not unified, are not accompanied by the list, and are accompanied by the list but only regulate one commodity or some commodities, or even the list of commodities such as animal feed is regulated in many documents. Therefore, entire the list of those commodities needs to be reviewed.

Based on the results of the review, the General Department of Vietnam Customs will develop a list of administrative procedures regulating on management policy for imported and exported goods, in order to apply code and encrypt on the e-customs clearance system as well as synchronized exchange of information with the National Single Window.

In the recent times, the General Department of Customs is assigned by the Ministry of Finance to chair to deploy the Prime Minister’s Decision 2026/QD-TTg and the Government’s resolution on specialized inspection and management for imported and exported goods, it has set up a specialized and responsible team including 30 members who are officials of units under the General Department of Vietnam Customs.

In 2016 and beginning of 2017, the Ministry of Finance (the General Department of Vietnam Customs) has actively collaborated with relevant competent agencies of ministries and sectors to urge the implementation of tasks related to the specialized inspections for imported and exported goods; The leaders of the General Department of Customs worked directly with the leaders of a number of specialized management ministries to propose on the implementation of tasks assigned by the Prime Minister in Decision 2026 / QD-TTg and Government’s Resolution 19/NQ-CP. After the review sessions, the Ministry of Finance reported to ministries and the Government Office on implementation results.

In addition, the Ministry of Finance (General Department of Vietnam Customs) has actively implemented many measures to simplify administrative procedures on specialized inspections and shorten customs clearance time for imported and exported goods. The Ministry of Finance chaired and coordinated with the ministries and sectors to build the portal on specialized inspection in NSW portal. While waiting for the finished National Single Window portal, the Ho Chi Minh City Customs Department has actively built a specialized inspection portal to resolve requirements for specialized inspection. This program was deployed at Sai Gon Port Customs Branch of zone 1, Tan Son Nhat International Airport Customs Branch and Post Office Customs Branch for specialized inspections.

The General Department of Vietnam Customs implemented the inspection of quality, sanitary and food safety of the Customs Assessment Department. Accordingly, the Department piloted to receive some commodities which the Department’s can verify (fertilizers, plastic toys); Equipping with outside verification points for specialized inspection at Northern border provinces (Lang Son, Quang Ninh, Lao Cai). Upgrading equipment, facilities, number of specialized inspection officials in provinces with large flow of imported and exported goods subject to inspection on quality, sanitary and food safety.

By Ngoc Linh/Ngoc Loan

Source: http://customsnews.vn/

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SMUGGLING TRANSFORMED THROUGH GOODS IN TRANSIT – PART 2: DETAINING IMMEDIATELY AT BORDER GATES

VCN – In the recent times, suspecting some shipments in transit through Cai Mep port and Cai Lai port, Ho Chi Minh City, the Customs agencies including Southern Anti-smuggling Control Team (under the General Department of Vietnam Customs), the Ho Chi Minh City Customs Department and Ba Ria-Vung Tau Customs Department  inspected and detained tens of containers at the border gates.

smuggling transformed through goods in transit part 2 detaining immediately at border gates

Smuggled goods detected in the shipments in transit at Cai Mep port, Vung Tau. Photo: T.H

Major on banned items

The Customs authorities mostly inspect the shipments detected and detained at the border gates because shipping companies either denied the goods or did not operate at the business address. The banned goods are mainly electronic and refrigerated products subject to banned import and conditional transit.

On 5/5, at the Cat Lai port, Ho Chi Minh City, the Southern Anti-Smuggling Control Team (Team 3) under the Anti-Smuggling and Investigation Department has coordinated with the Sai Gon port zone 1 Customs Branch and the competent authorities to search two containers of transshipment and found out many smuggled goods and banned goods. According to the Team 3, the above two containers were transshipped from Japan to Vietnam then to Cambodia. When the shipments arrived at Cat Lai, the Team 3 has detected suspicious signs and monitor, supervise and search. Accordingly, detecting 2 containers of nearly 100 used motorcycles, used many office equipments and used amplifiers subject to the list of banned imports.

Earlier, at Cai Mep port (Ba Ria – Vung Tau), the Team 3 under the Anti-Smuggling and Investigation Department and Cai Mep border gate Customs Branch also suspected many shipments in transit, so that they searched and detected tens of containers of used electronic, refrigerated products and used motorcycles subject to banned import and conditional transit. In some cases, the smugglers also hide cars in the shipment in transit. Typically, in June 2016, searching a shipment in transit from Korea to Vietnam to be exported to Cambodia, the Saigon Port Zone 1 Customs Branch collaborated with the Team 3 under the Anti-smuggling and Investigation Department to discovered 2 used cars inside and tens of use car engines. This shipment was transported by Foodbank company limited (located in 140/12 Le Duc Tho, Ward 6, Go Vap District, Ho Chi Minh City and included a container of 100% new fabric. According to the Customs Branch, these goods of the wrong declaration must have a license issued by the Ministry of Industry and Trade to be transited in accordance with law, but enterprise did not have this license, they disguised these goods as fabric.

Not only smuggled goods and banned goods disguised as goods transit through the sea, smugglers also take advantage of air routes to transit high-value shipments. Recently, by the end of April 2017 the, Tan Son Nhat International Airport Customs Branch has discovered a lot of medical equipment which was a used CT scanners which declared 100 % new exported products in the Customs declaration made by Bee Logistics Corporation in order to evade the Ministry of Industry and Trade’s licensing. This shipment consisted of 10 bales weighed 5.7 tons, worth over 3.2 billion vnd in the method of taking advantage of transit to export to Cambodia.

Full of tricks

In addition to the above tricks, some smugglers also took advantage of transit type subject to an exemption from physical inspection to transfer the type and re-export to Vietnam for consumption. Actually, the Customs found out some cases that initial receivers declared on the manifest were enterprises in Vietnam, but when the Customs or other competent authorities discovered signs of violations of Customs law and then inspected the goods, the enterprises did not come to the procedures, and then adjust receivers at Cambodia and other countries and implement the procedures for goods in transit.

Another fraudulent trick for goods in transit goods is that for shipments subject to conditional imports or banned goods, after they are transported out of Vietnam’s territory, enterprises will seek to bring them back Vietnam in many different methods such as subdivision shipment to transport to Vietnam through the trail, tracks, and two sub-gates; Or the enterprises which opened the declaration will abuse channel classification of inspection exemptions to re-import to Vietnam.

A case in point is that recently on 3 May 2017, the Bee Logistics Corporation (enterprise opened Customs declaration) completed Customs procedures for shipment of traditional medicines consisting 41 bales (nearly 500,000 pills) weighed nearly 1 ton, worth nearly 5 billion vnd in transit to transport to Cambodia through Moc Bai international border gate (Tay Ninh) and fulfilled the Customs procedures in accordance with regulations to transit this shipment through Vietnam border to Cambodia. Determining that this was a trick of enterprise to cheat competent authorities to illegally transport the above goods to Vietnam through cross-border trade, the Customs Branch conducted operational methods such as informing and collaborating with Police Department on Anti-Smuggling (C74) under the Ministry of Public Security to closely monitor the transport routes and discover that the shipment was illegally re-exported to Vietnam on the morning of 9 May, 2017 through trails at Moc Bai international border gate (Tay Ninh). The case is in process of further investigation.

According to the Ho Chi Minh City Customs Branch, the unit implemented over 2,800 declarations on average on a transform of transit type. The goods are mainly transited through 3 main border gates: Moc Bai (Tay Ninh) with over 2,000 declarations, Xa Mat (Tay Ninh) with nearly 400 declarations and Hoa Lu (Binh Phuoc) with over 350 declarations.

By Le Thu/ Huyen Trang

Source: http://customsnews.vn/

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PROHIBITED MEDICAL EQUIPMENT IMPORTS ARE SEIZED

VCN- On 3rd May 2017, the Customs Branch of Tan Son Nhat International Airport said that a shipment of prohibited medical equipment imports was discovered when perpetrators camouflaged them in goods in transit.

prohibited medical equipment imports are seized
A used CT scanner was camouflaged in goods in transit.

The shipment was found and seized by the Customs Branch of Tan Son Nhat International Airport in coordination with the Department of Anti-smuggling and Investigation under the General Department of Vietnam Customs, the Police Crime Department on smuggling (C74) under the Ministry of Public Security and the Police Crime Investigation Division of Economic Management and Positions (PC46) under the Police of Ho Chi Minh City.

Reportedly, this shipment was detected by the competent force when it was in transit to Cambodia through Xa Mat border gate. The prohibited medical equipment imports included a used CT scanner (declared as Japanese origin, new 100%) with 10 bales weighing 5.7 tons and worth over 3.2 billion vnd.

Con Ong Transport Joint Stock Company which was located at 39B Truong Son Street, Ward 4, Tan Binh District, Ho Chi Minh City directed by Mr. Dinh Huu Thanh (born in 1975), residing in Cam Thuong Ward, Hai Duong City declared the imported goods as 100% new in order to avoid the application for permits of the Ministry of Industry and Trade.

A few days ago, the Customs Branch of Tan Son Nhat International Airport also issued a decision on criminal prosecution for smuggling of Olympic Science and Technology Company Limited at 1/54 Lu Gia, Ward 15, District 11, Ho Chi Minh City directed by Mr. Nguyen Kien Hung, born in 1987, ID No. 385384231 issued on 8th January 2016 at 423 Hamlet 1, Gia Rai Town, Gia Rai District, Bac Lieu province due to the import of medical equipment of 50 electronic heart measuring machines with wrong declaration of goods in order to avoid the application for import license of the Ministry of Health with the value of the shipment of over 500 million vnd.

According to the Customs Branch of Tan Son Nhat International Airport, many perpetrators have taken advantage of the transit route to Cambodia for smuggling, which was a new smuggling trick. Customs authorities have intensified inspection and strictly controlled this route, detected many smuggling cases, seized contraband goods on the way of transportation to Cambodia and then back through routes among Cambodia, Tay Ninh, An Giang or Binh Phuoc, etc to be smuggled into Vietnam for consumption.

By Le Thu/ Hoang Anh

Source: http://customsnews.vn/

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REGULATIONS ON SENDING MONEY OVERSEAS

VCN – The Customsnews received a question from a reader on sending AUD 100.000 from his/her parents to him/her to buy a house in Australia; to receive the money, whether he/she must return to Vietnam to take the money or his/her parents can register the money transfer service at a bank to send that money to Australia?

regulations on sending money overseas

Customers on exit implementing procedures at the Tan Son Nhat International Airport

Relating to the question from a reader, through talking with authorized units, the Legal Consultancy Team of the Customs news consulted as below:

According to Article 2 of Circular No. 15/2011/TT-NHNN dated August 02, 2011, Individuals when entering into and exiting from the country with passport through international border gates of Vietnam carrying foreign currency or Vietnamese dong in cash in excess of the following amount shall be required to declare to the border Customs:

a. USD 5,000 (Five thousand United States dollars) or other foreign currencies of the same value;

b. VND 15,000,000 (Fifteen million Vietnamese Dong).

In the case where an individual entering into Vietnam carries foreign currency in cash in an amount or USD 5.000 or lower or other foreign currencies of the same value and have demand for depositing the amount to their foreign currency payment account opened at a credit institution or a foreign bank’s branch authorized to engage in foreign exchange, he shall be required to declare to the border Customs.

Entry-exit declarations with confirmation of the border Customs about the carried amount of foreign currency in cash is a basis for the authorized credit institution to accept the deposit in foreign currency in cash deposited to the payment account.

The amount of foreign currency and Vietnamese dong in cash required to be declared at the border gate Customs is not applied for individuals who carry means of payment, valuable papers in foreign currency or in Vietnamese dong such as traveler’s cheques, bank card, savings book, securities and other valuable papers.

Pursuant to the Clause 1, Article 1 of the Circular governing the scope and subjects of application: “This Circular provides for the carrying of foreign currency or Vietnamese dong in cash (including paper money, coin) of individuals upon entry, exit through international border gates of Vietnam with passport or other documents of the same value as passport that are issued by a competent agency of Vietnam or foreign country (hereinafter collectively referred to as passport). Therefore, individuals on exit carry foreign currency in the amount mentioned above (this amount specified for each passport/ a person and not discriminated by age) is not required to declare on the entry declarations when carrying out the entry procedures. Only declaring to the Customs agencies if carrying an amount of foreign currency in excess of described amount on the entry-exit declarations when implementing the exit procedures.

If the reader directly flies to Vietnam to take the money, he/she must strictly follow the above regulations on carrying foreign currency in cash.
If the reader wants to register the money transfer service to Australia via banks, he/she should instruct his/her parents to directly contact with a bank with Western Union service for detailed guidance.

By The Legal Consultancy Team of Customsnews/ HuyenTrang
Source: http://customsnews.vn/