MINISTRY OF FINANCE
GENERAL DEPARTMENT OF CUSTOMS VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.9063/TCHQ-GSQL

Hanoi, October 05, 2015

 

To: Vietnam Textile and Apparel Association

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1. Regarding physical inspection of goods on customs declaration going through red channel at the request of Sub-department of customs

For the purpose of enabling enterprises to declare goods at the sub-department of customs located outside of the border checkpoint without having to transport goods from border checkpoint to such sub-department of customs for physical inspection if the customs declaration is going through the red channel, the GDCV has instructed the sub-department of customs at which the customs declaration is registered to ask for assistance of the sub-department of customs that is favorable to carry out physical inspection of goods with the aim of saving time and transfer costs for the enterprise and releasing the goods at the border checkpoint (hereinafter referred to as “physical inspection of goods by authorized customs”)0} This is a favorable condition given by the customs department to the customs declarant.

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2. Regarding the procedure for verification of goods exported in reality serving export tax refund

Pursuant to regulations in force, customs authorities no longer verify the exports export of goods in reality (this procedure has been abolished from January 20, 2011, which is the effective date of Circular No.194/2010/TT-BTC). According to regulations in Article 53 of Circular No.38/2015/TT-BTC, relevant management authorities shall determine that goods have been exported in reality if the e-customs export indicates that the goods on the export declaration have been granted customs clearance and released from the customs control area (except for in-country exports and goods exported to the free trade zone within a border checkpoint economy zone or export processing zone or export processing enterprise).  The sub-department of customs that still compares the bill of lading and other documents to verify the export of goods in reality are acting against the applicable regulations.

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Adjusted documents have been issued and all customs authorities must abide by regulations thereof.

3. In reference to verification of less than container load shipments (LCL shipments) going through the customs supervision area:

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4. Expression of “Made in Vietnam” text on exports:

Labeling of exported goods must comply with regulations in Clause 3 Article 5 of Decree No.89/2006/ND-CP dated August 30, 2006 of the Government, according to such Decree, exported goods shall be labeled under provisions in agreements between overseas organizations with the exporter and the phrase “Made in Vietnam” is not required on the product package.

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5. Regarding goods description

Customs authorities require that declarants specify whether the goods are new or used for the purpose of product management as regulated by ministries.  As description of more than one product could be provided in one customs declaration under different management policy, the customs authority will allow the customs declarant to make description as follows:

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- For used products: “hàng cũ” or “hàng đã qua sử dụng” (“used”) must be written in description of each product.

6. Regarding customs value consultation:

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Pursuant to Article 25 of Circular No.38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance, in case the customs authority finds that the customs value declared is doubtful but does not have enough grounds for rejecting it during inspection of customs value, such authority shall inform the customs declarant.  If the customs declarant submits additional documents required and requests for consultation within 5 working days from the day on which the notification from the customs authority is received, his/her goods will be granted customs clearance as requested.  In case a documents proving accuracy of the value declared is provided or the customs declarant fails to submit additional documents required or ask for consultation by the deadline mentioned above, the goods will be granted customs clearance according to the customs value declared and the goods will have to undergo post-clearance inspection.

Therefore, the enterprise may decide whether to request consultation or not and the customs authority shall not determine the customs value when carrying out customs procedures under applicable regulations.

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The Ministry of Finance – GDCV has no authority to handle the aforesaid proposals.  However, such proposals will be submitted to the Ministry of Industry and Trade and Ministry of Agriculture and Rural Development for consideration.

 

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PP. DIRECTOR GENERAL
DEPUTY DIRECTOR GENERAL




Vu Ngoc Anh

 

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