THE MINISTRY OF
FINANCE
THE GENERAL DEPARTMENT OF CUSTOMS
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 3899/TCHQ-GSQL
Re: Responses to enquiries arising from
Decree No. 59 and its guiding documents
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Hanoi, July 4,
2018
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To: Customs
Departments of provinces and cities.
Decree No. 59/2018/ND-CP on amendments to certain
Articles of Decree No. 08/2015/ND-CP and Circulars on guidelines for Decree No.
59/2018/ND-CP such as Circular No. 39/2018/TT-BTC on amendments to certain
Article of Circular No. 38/2015/TT-BTC; Circular No. 38/2018/TT-BTC on
verifying and determining origin of exported and imported goods coming into
force from June 5, 2018. During implementation, the General Department of
Customs have received enquiries from certain Customs Departments of provinces
and cities.
In consideration of enquiries of Customs
Departments of provinces and cities, the General Department of Customs
consolidate them and provide following guidelines (enclosed table). With regard
to certain enquiries in respect of tax administration sector, the General
Department of Customs will promulgate another guiding document.
PP. DIRECTOR GENERAL
DEPUTY DIRECTOR GENERAL
Mai Xuân Thanh
TABLE OF
RESPONSES TO ENQUIRIES ARISING FROM DECREE NO. Decree No. 59/2018/ND-CP AND ITS
GUIDING DOCUMENTS
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No.
Enquiries
Guidelines
I. Enquiries as to Decree No. 59/2018/ND-CP
1
Sub-point a, Point 2, Clause 38, Article 1 of Government's
Decree No. 59/2018/ND-CP dated April 20, 2018 on amendments to Article 67 of
Government's Decree No. 08/2015/ND-CP dated January 21, 2015 stipulates “the
Customs Sub-department within the area where the ship arrives ... shall
receive the documents submitted by the Maritime Administration, shipping
company or shipping agent regarding the changing destination of the ship, and
shall send the shipping report stipulated in the regulations of the Ministry
of Finance to the Customs Sub-department within the area where the ship is
expected to arrive at the next arrival port”. However, Circular No.
50/2018/TT-BTC dated May 23, 2018 of the Ministry of Finance has not set
forth items in the transfer note of dossier of changing destination of the
ship.
Request General Department to upgrade the system
and add items in the transfer note of dossier of changing destination of the
ship via national single-window system. (Can Tho Customs)
In Form No. 1 (transfer note of dossier of
changing destination of the ship) – Appendix I issued together with Circular
No. 50/2018/TT-BTC dated May 23, 2018 on items in a transfer note of dossier
of changing destination of the ship. However, while the upgrade and
improvement of national single-window system has been in progress, aforesaid
items have not added promptly on the System. Therefore, the General
Department of Customs acknowledges the enquiry to upgrade the
national-single-window system.
While the system has not been upgraded but the
destination of a ship need to be changed, Customs Department of province/city
(hereinafter referred to as province) is requested to make a transfer note of
dossier of changing destination of the ship in hardcopy form to follow
procedures prescribed in Article 67 of Decree No. 08/2015/ND-CP which is
amended at Clause 38 Article 1 of Decree No. 59/2018/ND-CP.
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Temporary import according to turnaround method
applied to tank vehicles containing gas or liquid:
Clause 7 Article 49 of Decree No. 08/2015/ND-CP dated
January 21, 2015 in terms of customs procedures stipulates that: “Customs
Sub-department at checkpoint or the Customs Sub-department where customs
procedures for import of goods use for manufacturing contract purpose or
production of commodities for export are completed”.
Point 5 Clause 22 Article 1 of Decree No.
59/2018/ND-CP dated April 20, 2018 on places at which customs procedures are
carried out: “carried out at Sub-department of Customs at the checkpoint”.
However, declarants have carried out procedures
for goods contained in return-refill containers at Investment Management
Sub-department of Customs with procedure code A12.
Opinion: Declarants propose to make a declaration
at Investment Management Sub-department of Customs to facilitate their procedures.
(Ho Chi Minh City Customs)
If the return-refill containers are gas and
liquid tankers with stable structure, used for containing and carrying gas,
with marks and numbers fixed on the tank surface and carried and carried by
heavy-duty vehicles as prescribed in Point c Clause 1 Article 49 of Decree
No. 08/2015/ND-CP which is amended at Clause 22 Article 1 of Decree No.
59/2018/ND-CP, customs procedures shall be carried out at Sub-department of
Customs at the checkpoint.
With regard to return-refill containers which
contain other gas or liquid: customs procedure shall be carried out at
Sub-department of Customs at the checkpoint or Sub-department of Customs
where import procedure is carried out regarding goods used for processing,
production of exported goods.
II. Enquiries as to Circular No.
39/2018/TT-BTC
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1
Clause 2 Article 16 on amendments to customs
dossiers applied to imported goods neither stipulates that an original or copy
is required regarding proof of origin as prescribed in a Circular of the
Ministry of Finance on identification of origin of exported goods and
imported goods nor specifies cases requiring proof of origin. So, whether
proof of origin must be presented regarding all shipments or only shipments
that declarants claim preferential tax rate or only in special cases.
(Thanh Hoa Customs)
Regulations on submission of certificates of
origin are specifically stipulated in Circular No. 38/2018/TT-BTC on verifying
and determining origin of exported goods and imported goods; request Thanh
Hoa Customs to comply with these regulations.
2
Circular No. 39/2018/TT-BTC dated April 20, 2018
of the Ministry of Finance has not stipulated how customs authorities retain
e-dossiers. Should customs authority print e-documents on the System for
retention purpose? If yes, which documents must be printed (only those
photocopies of which are required or all of documents)?
If the declarant must scan and submit all
required documents of the customs dossier (originals and copies, notarized
copies) on the System, whether the customs authority only print required
documents which are copies to be kept together with originals being
hardcopies submitted in person by the declarant or print all e-documents
which are to be kept together with originals being hardcopies submitted in
person by the declarant?
Customs Department of Ho Chi Minh City requests:
In order to manage and monitor required documents in a customs dossier and
complete procedures for goods associated with declaration “taking goods to
storage places”, “good release”, physical declarations and documentary
evidence in the customs dossier should be required. While pending new
guidelines for retention from the General Department of Customs, guidelines
for printing and retention of customs declarations in Official Dispatch No.
5672/TCHQ-GSQL dated June 17, 2016 of the General Department of Customs shall
keep applying.
(Quang Ninh, Ho Chi Minh City Customs)
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Article 18
3
- Pursuant to Point 2 of Official Dispatch No.
6376/TCHQ-GSQL dated July 14, 2015 of the General Department of Customs on
guidelines for Circular No. 38/2015/TT-BTC on procedures applied to exported
goods of 2 goods owners having goods consolidated into the same container.
Circular No. 39/2018/TT-BTC only provides
guidelines for declaration in a case where goods consolidated into the same
container of multiple export declarations of the same goods owner, no
guidelines for goods consolidated into the same container of multiple export
declarations of multiple goods owners. Does Official Dispatch No.
6376/TCHQ-GSQL dated July 14, 2015 of the General Department of Customs apply
to aforesaid case?
(Quang Nam Customs)
- On June 20, 2018, Sub-department of Customs at
Moc Bai checkpoint received a shipment with 4 declarations (being granted
customs clearance on the System) of 4 different declarants, consolidated into
the same container, in which 3 declarations are registered at Sub-department
of Customs at Moc Bai checkpoint and 1 declaration is registered at
Sub-department of Customs of Investment-Processing Management in Hanoi.
Due to the fact that the shipment has been taken
to the Moc Bai checkpoint, in order to facilitate the export of goods and
ensure the management and supervision of customs, the Sub-department of
Customs allows the declaration to register and supervision for every
declaration; if the goods are conformable with the declaration, they are
allowed to be exported through Moc Bai checkpoint as prescribed.
However, if regulations on Circular No. 39 apply,
declarants operating in Tay Ninh seeking to have their goods consolidated
into the same container with other goods owners for export shall deliver the
goods to CFS service providers in Ho Chi Minh City or vicinities, and then to
Sub-department of Customs of Moc Bai checkpoint for supervision before being
exported abroad; or other declarants register export declarations at other
provinces/cities, and then deliver the goods to Sub-department of Customs of
Moc Bai checkpoint for export. In specific, Moc Bai checkpoint and other
checkpoints in Tay Ninh have not any CFS service provider for consolidating
goods of different goods owners in the same container for export abroad.
Therefore, if the goods consolidated into the
same container of multiple goods owners do not pass through CFS as prescribed
in Clause 32 Article 1 of Circular No. 39/2018/TT-BTC but being delivered to
export checkpoint for export, which actions should be taken when Tay Ninh has
not any CFS service provider.
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Pursuant to Clause 4 Article 4 and Clause 3
Article 61 of the Law on Customs:
- Container freight station (CFS) is warehouse or
storage yard used for consolidation and de-consolidation of goods in the same
container of multiple goods owners.
- Goods entering CFS include imported goods which
have not undergone customs procedures, or exported goods which have undergone
customs procedures or those with customs declaration registered but their
physical inspection will be carried out at the CFS.
In addition, while initiating the automatic
system of supervision and monitoring of goods at seaport, certain
difficulties concerning exported goods consolidated into the same container
of multiple goods owners beyond CFS or checkpoint area arise. Therefore,
Circular No. 39/2018/TT-BTC amends regulations of Circular No. 38 on
consolidation and deconsolidation of shipments in the same container of
multiple goods owners, under which, consolidation and deconsolidation of goods
shall be carried out in CFS. Guiding documents not in accordance with
Circular No. 39 shall not keep valid.
Request Customs Departments of provinces shall
guide declarants to apply aforesaid regulations to consolidate goods into the
same container in accordance with Clause 32 Article 1 of Circular No.
39/2018/TT-BTC.
4
According to reports sent by declarants, the
System does not allow scanned documents with capacity of more than 2 MB or
files containing figures (including split files); in case of split files,
declarants must insert information of documents multiple times. This problem
prevents customs officials from inspecting and comparing dossiers.
Ho Chi Minh City Customs requests: Regarding a
customs dossier with capacity of more than 2 MB, the declarant is allowed to
submit physical documents in the customs dossier.
(Quang Ninh, Ho Chi Minh City Customs)
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If a customs dossier exceeds the allowed capacity
of the System, the declarant is allowed to submit physical required documents
in the dossier, except for documents issued on the national single-window
system.
The General Department of Customs acknowledges
the enquiry for further upgrade of the System.
5
Pursuant to Point a, Clause 1, Article 18 of
Circular No. 38/2015 which is amended at Clause 7, Article 1 of Circular No. 39/2018:
certain documents are not available at the declaration or submission time,
for example: receipts of charges for delivery orders, sampling records for
inspection by specialized agency in case of sampling at checkpoints, etc.;
these documents often arise when the declarant comes to the checkpoint for
receiving goods. Pursuant to applicable regulations, the declarant must send
aforesaid documents to its office for converting them into e-documents, and
then send them to the system of the customs authority; this lengthens the
declarant’s time of customs declaration.
(Quang Ninh Customs)
Required documents in a customs dossier are
specified in Article 16 of Circular No. 38, units are requested to comply
with it. Documents required by the customs authority during documentary
inspection and physical inspection of goods which are specified in Circular
No. 39/2018/TT-BTC shall be submitted via the System.
6
Currently, a declarant cannot separate a bill of
lading declared on VNACCS prescribed in Point b Clause 7 Article 1 of
Circular No. 39/2018/TT-BTC if the importer has a bill of lading for multiple
declarations. Guidelines for this cases is needed.
(Khanh Hoa, Ho Chi Minh City Customs)
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Article 20
7
Pursuant to sub-point a.2 Point a Clause 1
Article 20, if a declarant makes an additional declaration after the customs
authority notifies channel selectivity but it has not verified the dossier (in
case of orange channel, red channel), actions against violations still be
taken. However, Decree No. 59/2018/ND-CP and Circular No. 39/2018/TT-BTC have
just set forth violations, whilst Decree No. 127/2013/ND-CP have not set
forth acts and fines, therefore, the customs authority has no grounds for
imposing fines.
(Hanoi, Lang Son, Ho Chi Minh City, Hai
Phong Customs)
Actions against administrative violations shall
be taken in accordance with Decree No. 127/2013/ND-CP and Decree No.
45/2016/ND-CP. If above-mentioned Decrees has not set forth regulations on
specific violations and sanctions thereof, there are no grounds for issuing a
decision on penalties for administrative violations. The General Department
of Customs acknowledges the enquiry and study for further amendments to
relevant documents for actions against customs-related administrative
violations.
8
Pursuant to Point a4 Clause 2 Article 20 of
Circular No. 39/2018/TT-BTC: if an declarant changes name of a mean of
transportation but not changes the loading port or export checkpoint, do
guidelines provided therein apply?
(Hanoi Customs)
In this case, the customs authority of checkpoint
shall monitor the process that goods are loaded on the mean of transportation
and guide the declarant to provide name of another mean of transport used for
exit of goods as prescribed.
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Pursuant to Clause 9, Article 1 of Circular No.
39, a declarant must additionally declare quantity of goods actually exported
or imported within 5 working days from the date on which the goods pass
through the customs controlled area. When a declaration is granted customs
clearance, customs officials cannot send a direction or a notification to the
declarant, they may only make a call or send a written request to the
declarant for additional declaration of actual quantity. AMA declaration
shall be used for additional declaration.
Pursuant to Point 3.b.2, Clause 9, Article 1 of
Circular No. 39/2018/TT-BTC “Within 2 working hours from the moment which
complete additional declaration is received, the customs official shall
process and give a notification of verification result on the System, if the
additional declaration is rejected, explanation shall be provided”. However,
the software has not been integrated, so that declarants still use AMA
declaration for additional declaration and send requests for addition via
online public service portal, customs officials shall receive requests and
give responses to declarants via the online public service portal.
Accordingly, receipt and modification of 1 green-channel declaration
regarding special bulk goods take a lot of time. This problem prevents
declarants and customs officials from following procedures for modifications
and addition of declarations.
(Quang Ninh Customs)
Pursuant to Clause 9, Article 1 of Circular No.
39, a declarant is responsible for declaring additional quantity of goods
actually exported or imported within 5 working days from the day on which the
goods enter the customs controlled area. If the declarant fails to make an
additional declaration after above-mentioned period, the customs authority
shall apply tax imposition (if any).
If a declarant makes an additional declaration
using post-customs clearance additional declaration (via AMA/AMC), the
customs official as assigned shall verify the declaration and propose actions
to be taken as prescribed, after the Manager approves that the official uses
CAM practices to give a notification of result to the declarant.
Request units to guide declarants that if they
make an additional declaration on e-customs system, they are not required to
do so on the online public service portal.
10
Pursuant to Point a.1 Clause 2 Article 20 which is
amended in Clause 9 Article 1 of Circular No. 39/2018/TT-BTC: Regulation on
additional declaration using Form No. 05 Appendix II of Circular No.
39/2018/TT-BTC: post-clearance additional declaration.
During dealing with an additional declaration
post clearance, there is a lack of window for searching and assigning AMA
declaration on VNACCS and there is a lack of function that attaches files
containing figures proving the additional declaration via the System.
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The General Department of Customs acknowledges
enquiries of units for upgrading the System in coming time.
Article 22
11
Pursuant to Point 1.a.1 Clause 11 Article 1 of
Circular No. 39/2018/TT-BTC dated April 20, 2018 on cases of declaration cancellation:
“After 15 days from the date on which an import customs declaration is
registered, the goods have not arrived at the import checkpoint”
In practice, there is a case that goods have
arrived at the checkpoint and a declaration has been registered, but the
declarant has not presented goods and dossier to the customs authority for
physical verification while the declaration is 15 days overdue from its
registration date.
Pursuant to Clause 2 Article 25 of the Law on
Customs: A declaration shall keep valid for customs procedure purpose for a
period of 15 days from its registration date.
Guidelines for the aforesaid cases of
cancellation of declarations are needed.
(Ho Chi Minh City Customs)
Pursuant to Clause 1 Article 22 of Circular No.
38/2015/TT-BTC which is amended in Clause 11 Article 1 of Circular No.
39/2018/TT-BTC, if the goods, in practice, have arrived the import
checkpoint, customs procedures shall be kept conducting as prescribed without
cancellation of declaration.
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Declaration of in-country import (received
imports from exporter designated by foreign trader) which has the same
information with another declaration and is 15 days overdue from its
registration date. However, this case does not fall under cases of cancellation
of declarations as prescribed in Clause 11 Article 1 of Circular No.
39/2018/TT-BTC dated April 20, 2018 of the Ministry of Finance.
Request the General Department of Customs to
provide guidelines
(Can Tho Customs)
Request Customs Department of province to cancel
such a declaration in a similar way to the case of System's breakdown
prescribed in Point b.3 Clause 2 Article 22 of Circular No. 38/2015/TT-BTC
which is amended in Clause 11 Article 1 of Circular No. 39/2018/TT-BTC.
Article 23
13
1. Inspection rule: Currently, inspection has
been undertaken at a Sub-department of Customs as follows: the practice team
shall assign declarations to receiving officials; under normal circumstances,
an official shall receive more than 1 dossier at a time. The official shall
preliminarily verify if dossiers are complete, and then carefully check them
according to their number order. After verifying eligibility of dossiers, if
the official discovers that a dossier is likely not eligible, he/she shall
require the declarant to explain or submit supporting particulars, the
process of checking eligibility lasts for more than 1 working hour. Is such a
requirement deemed as a violation against Article 23 of Circular No.
39/2018/TT-BTC?
(Hanoi Customs)
2. With regard to a green-channel declaration:
The System will automatically receive that declaration and grant clearance of
goods. Pursuant to Clause 12 Article 1 of Circular No. 39/2018/TT-BTC, does
customs authority need to verify the completeness of such a customs dossier?
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(Quang Ninh Customs)
Time limit for verifying completeness of a
dossier shall only apply to orange-channel and red-channel declarations.
Verification of completeness of a dossier shall be understood as comparing
documents actually submitted and declared. During detailed verification, if
documents submitted are considered insufficient or not accordant with
regulations of law, the customs authority may request the declarant to submit
additional documents.
The General Department of Customs will give
specific guidelines for verification method at the customs practice process.
Article 31
14
Clause 3, Article 31, amended in Circular No.
39/2018/TT-BTC stipulates: Monitoring the sampling for inspection by
specialized agency in customs area:
Specialized inspection agency is responsible for
sampling and a record to certify the sampling is required.
The declarant shall give a notice of sampling for
inspection by specialized agency using Form No. 17 Appendix II issued
herewith to the Sub-department of Customs where the goods are stored via the
e-customs system.
However, pursuant to Clause 3 Article 7 of
Circular No. 27/2017/TT-BNNPTNT dated December 25, 2017 of the Ministry of
Agriculture and Rural Development on guidelines for inspection of imported
salt safety and quality: When a salt shipment arrives a checkpoint, the
importer shall request the customs authority of checkpoint for sampling of
salt as prescribed in Point c, Clause 3 of this Article. Sample of the
exported salt shipment shall be taken in the witness of representative(s) of
the customs authority of checkpoint, etc. The salt sample shall be affixed
with a seal number of customs authority. A representative of importer and
customs authority shall take a record to certify the imported salt sampling
using a form prescribed in Appendix IV issued herewith.
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There is a conflict between Circular No.
39/2018/TT-BTC and Circular No. 27/2017/TT-BNNPTNT over regulation on
agencies in charge of taking samples for inspection by specialized agency.
According to reports of declarants following
customs procedures at Sub-department of Customs which represents an
inspection agency specialized in imported salt still comply with Circular No.
27/2017/TT-BNNPTNT, not comply with Circular No. 39/2018/TT-BTC.
Alternatively, form No. 17, Appendix issued
together with Circular No. 39/2018/TT-BTC has not been available on a data
system of customs authority (VNACC/VCIS, Ecustoms). It also is unable to
receive notifications or reply to notifications of declarants upon execution
of aforesaid requests.
(Hanoi Customs)
Pursuant to Point b Clause 2 Article 33 of Decree
No. 08/2015/ND-CP (which is amended Decree No. 59/2018/ND-CP): “Specialized
inspection agency shall take samples of exported goods or imported goods at
the premises as informed by the declarant; in case of taking samples in
customs area, the customs authority shall monitor the sampling according to risk
management rules”, the General Department of Customs acknowledges these
enquiries and discuss in writing with the Ministry of Agriculture and Rural
Development later. In the short term, to avoid bottleneck of goods at
checkpoints, request Customs Department of province to keep comply with
Circular No. 27/2017/TT0-BNNPTNT.
Article 32
15
Clause stipulates that a declarant must submit a
request for taking goods to storage places to the Sub-department of Customs where
the declaration is registered via the System, including:
- The request for taking goods to storage places
shall use form No. 18 Appendix II issued herewith;
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Enquiry: Until now, specialized inspection agency
has not taken samples of imported salt; the sampling record issued together
with Circular No. 27/2017/TT0-BNNPTNT has no section for certification by
specialized inspection agency, therefore, the declarant cannot submit a
sampling record to the customs authority as prescribed.
(Hanoi Customs)
In this case, the declarant shall submit a
sampling record using the form prescribed in Appendix IV issued together with
Circular No. 27/2017/TT-BNNPTNT when making a request for taking goods to
storage places.
16
Pursuant to Clause 3 Article 32 Circular No.
38/2015/TT-BTC which is amended in Clause 21 Article 1 of Circular No.
39/2018/TT-BTC: Food quality and safety must be inspected; if a specialized
inspection agency directs to take goods to the inspection site as per the law
on inspection by specialized agency, the declarant shall send a request for
taking goods to the inspection site using Form No. 18 Appendix II.
In the Form No. 18: Section 18.9 Code of storage
place, Section 18.10 name of storage place, may multiple places be inserted
in these 2 sections? In practice, with regard to imported animal feed
materials, according to a temporary quarantine certification issued by a
quarantine authority, a consignment in 1 declaration may be taken to multiple
storage places.
(Hanoi Customs)
Currently, the General Department of Customs has
built a system facilitating exchange of information about storage of goods
between declarants and customs authorities. While pending the system going
into operation, a request for taking goods to storage places shall use form
No. 09/BQHH/GSQL Appendix V issued together with Circular No. 38.
Alternatively, this Circular does not prevent goods from being stored in
different places, however, the declarant must make a duly completed
declaration of storage places.
17
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However, each inspection site is granted a code,
so that it is unnecessary to submit a photocopy. Alternatively, the system
now has not provided time limit of inspection site (VNACCS).
(Quang Ninh Customs)
Request Customs Departments of provinces to
comply with Clause 3 Article 32 of Circular No. 38/2015/TT-BTC which is
amended in Clause 21 Article 1 of Circular No. 39/2018/TT-BTC.
The General Department of Customs acknowledges
the enquiry to build a single system for management of inspection sites
nationwide and not request declarants to submit copies of recognition
decisions.
18
Pursuant to Point b.3 Clause 5 Article 32 of
Circular 38 which is amended in Clause 21 Article 1 of Circular No. 39,
Sub-department of Customs shall: Update a list of violating declarants that
are not allowed to take goods to storage places as prescribed in Clause 5 of
this Article on the e-customs system.
Currently, customs authorities only update
dossiers associated with violations on QLVP14; there are no guidelines for
where to insert these kinds of information on the e-customs system.
(Quang Ninh Customs)
Currently, the General Department of Customs has
built a system to enable units to update information about declarants not
allowed to take their goods to storage places, in the short term, units are
requested to give notices of such declarants to Customs Departments of other
province for supervision.
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Pursuant to sub-point b Point 5 Clause 21 Article
1 of Circular No. 39/2018/TT-BTC on responsibilities of Sub-department of
Customs where the declaration is registered in inspection of storage of
goods:
“b.1.1) Upon expiry of 30 days from the
day on which the goods are taken to storage places but no specialized
inspection certification is received and the specialized inspection agency
has not issued a document certify an extension of inspection period. While
pending further actions, the declarant may not take their subsequent
consignments to storage places”
May such a regulation be understood as declarants
may not take their goods to storage places nationwide? If a list of
declarants not allowed to take goods to storage places nationwide is updated,
whether time limit for such restriction will commence from the day of 31st
because of Point 6 Clause 21 Article 1 of Circular No. 39/2018/TT-BTC:
a) Within 1 year from the date on which a
customs authority takes a record to certify violation as to failure to keep
goods in their original condition…
b) Within 6 months from the date of a decision
on penalty for violation as to failure to submit an specialized inspection
certification.
So, whether time limit for taking goods to
storage places is 6 month or 1 year because it is unable to determine if the
declarant commits a violation as prescribed in sub-point a Point 6 Clause 21
Article 1 of Circular No. 39/2018/TT-BTC.
(Lang Son Customs)
Pursuant to Point b.1.1 Clause 5 Article 32 of
Circular No. 38/2015/TT-BTC which is amended in Clause 21 Article 1 of
Circular No. 39/2018/TT-BTC, upon expiry of 30 days from the day on which the
goods are taken to storage places but no specialized inspection certification
is received and the specialized inspection agency has not issued a document
certify an extension of inspection period in order for the Sub-department of
Customs where the declaration is registered carries out an inspection. If the
inspection shows that the late submission of specialized inspection by a
cause for which the declarant is responsible, the declarant shall be imposed
administrative penalties and restricted from taking goods to storage places
as per the law. Therefore, while an inspection is being carried out,
restriction of a declarant from taking goods to storage places applies solely
within the scope of Sub-department of Customs where the declaration is
registered.
Article 50
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Currently, Sub-departments of Customs have
carried out procedures for supervising exported goods international railway after
completing customs procedures at Sub-departments of Customs and other
Sub-departments of Customs beyond the checkpoint affiliated to Customs
Departments nationwide. After completing customs procedures, exported goods
will be delivered on means of transport to Yen Vien international railway and
then being loaded on international railway cars for export. If a declarant
declares “VNYCHN-Yen Vien” in “Mã địa điểm xếp hàng”(loading site code), the
goods will be loaded on means of transport used for exit of goods at Yen Vien
train station, aforesaid cars will be delivered to Dong Dang train station in
Lang Son for replacement of a locomotive for continued delivery to China
(without change of freight cars in case of delivery of goods using
containers).
Pursuant to provisions in Clause 28 Article 1 of
Circular No. 39/2018/TT-BTC which amends Article 50 of general provisions on
goods delivered under customs supervision, there is no guideline for customs
supervision of such a case above (goods delivered from an international
railway station inland to an international railway station at border for
export).
Enquiries:
- With regard to such a case above, how
Sub-department of Customs of Yen Vien train station conduct customs
supervision?
- Will Sub-department of Customs of Yen Vien
train station or the train station at border certify that the goods passed
through customs controlled area on its system?
(Hanoi Customs)
Customs procedure and customs supervision applied
to goods delivered from an international railway station inland to an
international railway station at border for export shall be the same as
independent transport procedure prescribed in Article 51b of Circular No.
39/2018/TT-BTC.
Sub-department of Customs that has authority over
the inland international-railway station shall certify that the goods passed
through the customs controlled area promptly after certifying departure of
goods (BOA) on the system.
21
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7.17. Estimated delivery date
An estimated delivery date must fall on or after
the estimated departure date.
With regard to goods delivered by road, the estimated
delivery period does not exceed 1 day in case of a distance of under 500km
and not exceed 3 days in case of a distance of at least 500km.
When carrying out transit procedure from
Sub-department of Customs of Dong Dang international railway station to Moc
Bai checkpoint (Tay Ninh), goods in transit are delivered by railway (1.435m
in width) from Dong Dang station to Yen Vien station, and then being
transshipped to a mean of railway transport (1m in width), and thereafter
being continuously delivered to Song Than station (Binh Duong, and finally
being transshipped to a mean of road transport to Moc Bai checkpoint. In
practice, it is likely impossible to deliver the goods in transit from Dong
Dang international railway station to Moc Bai checkpoint within 3 days.
Section 6.3 Appendix 2 issued together with
Circular No. 39/2018/TT-BTC stipulates as follows: Items allowed for
additional declaration after goods are certified by the customs authority
that are eligible for departure on the system (BOA) and before the moment
that the customs authority updates arrival of goods on the system (BIA): (1)
Estimated delivery date; (2) Estimated delivery period
Accordingly, if a declarant makes an additional
declaration of the estimated delivery period exceeding 3 days after goods are
certified by the customs authority that are eligible for departure on the
system (BOA) and before the moment that the customs authority updates arrival
of goods on the system (BIA), does customs authority where the goods departs
accept this?
(Lang Son Customs)
In the item 7.17, the estimated delivery date in
form No. 07 Appendix I issued together with Circular No. 39/2018/TT-BTC in
replacement of Appendix II of Circular No. 38/2015/TT-BTC solely applies to
the road and inland waterways, not applying to other modes of transport.
Therefore, if goods are delivered using multimodal transport (combination of
road and railway), the estimated delivery period shall be registered by the
declarant.
Article 56
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Regarding time limit for prior notification of
manufacturing facility given by an export processing enterprise:
Point b Clause 1 Article 37 of Decree No.
08/2015/ND-CP on responsibilities of importers who import goods and materials
for processing or manufacturing exported goods: “1. Before carrying out
import declaration of the initial shipment of materials, supplies, machinery,
equipment for processing or manufacturing exported goods, following documents
must be submitted to the Sub-department of Customs where final accounts are
b) A prior notification of facility that
processes or manufactures exported goods or a storage place of materials,
supplies, machinery, equipment and exported products, using the form
promulgated by the Ministry of Finance: 1 original.”
However, Point a Clause 1 Article 56 of Circular
No. 38/2015/TT-BTC which is amended in Clause 36 Article 1 of Circular No.
39/2018/TT-BTC also specifies that an export processing enterprise is
required to give a prior notification of manufacturing facility but no time
limit is mentioned.
Proposal: Before carrying
out import declaration of the initial shipment of materials, supplies,
machinery, equipment for processing or manufacturing exported goods, the
export processing enterprise must give a prior notification of facility that
processes or manufactures exported goods or a storage place of materials,
supplies, machinery, equipment and exported products.
(Quang Ngai Customs)
Article 56 generally governs a prior notification
of manufacturing facility given by entities engaging in processing and
manufacturing of exported goods, including export processing enterprises.
Accordingly, before carrying out import declaration of the initial shipment
of materials, supplies, machinery, equipment for processing or manufacturing
exported goods, the export processing enterprise must give a prior
notification of manufacturing facility as prescribed.
23
Pursuant to Clause 36 Article 1 of Circular No.
39/2018/TT-BTC on “Prior notification of processing facility, etc.;
processing contract or appendices thereof": Number of processing
contract or appendix of processing contract shall be inserted in the box
“number of permits on export or import declaration” However, how declaration
may be made when the number of processing contract or appendix of processing
contract is more than 10? (because the box “number of permits on export or
import declaration" only has 5 fields equivalent to 5 numbers).
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According to the design of VNACCS, the item
“Import permit/export permit" on the import/export declaration is
available for only 5 kinds of permits. From the commencement of VNACCS/VCIS
(in 2014), there has been no case in which more than 5 kinds of permits are
stated in a declaration, therefore, Customs Department of Quang Nam is
requested to send a detailed report in order for the General Department of
Customs to provide guidelines promptly.
24
Although sub-point a Point 2 Clause 36 Article 1 of
Circular No. 39/2018/TT-BTC stipulates that number of processing contract on
export declaration or import declaration shall be declared in the box “Import
permit”,
The declarant is unable to do that because the
software has no field for inserting number of processing contract. It is
known that the software provider has not updated this item.
(Ho Chi Minh City Customs)
Article 57
25
Circular No. 39/2018/TT-BTC on amendments to
Circular No. 38/2015/TT-BTC does not stipulate inspection visit to premises
of export processing enterprises. However, Point a Clause 1 Article 39 of
Decree No. 08/2015/ND-CP which is amended in Clause 7 Article 1 of Circular
No. 59/2018/ND-CP on “Inspection visit to premises of processing and
manufacturing facilities, inspection of processing and manufacturing
capacity" stipulates cases subject to inspection as follows: “a)
Entities initially importing goods for processing or manufacturing exported
goods;”.
Proposal: Export processing enterprises must have
premises of entities initially importing goods for processing or
manufacturing exported goods inspected as prescribed in Clause 7 Article 1 of
Decree No. 59/2018/ND-CP.
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Inspection visit to premises of manufacturing
facilities prescribed in Article 57 of Circular No. 38/2015/TT-BTC which is amended
in Clause 37 Article 1 of Circular No. 39/2018/TT-BTC generally applies to
any entity engaging in processing and manufacturing of exported goods,
therefore, initial import in the form of an export processing enterprise is
also subject to inspection visit to premises.
26
Currently, final accounts of materials and
supplies imported used for manufacturing exported goods shall be inspected as
prescribed in Post-customs clearance inspection process issued together with Decision
No. 1410/QD-TCHQ dated May 14, 2015 of the General Department of Customs.
Request the General Department of Customs to promptly promulgate a customs
procedure for inspection of final accounts of materials and supplies imported
used for manufacturing exported goods.
(Ca Mau Customs)
Inspection of materials and supplies in use,
inspection of final accounts shall be carried out in accordance with
guidelines in Decision No. 1966/QD-TCHQ.
Article 60
27
Inspection of final accounts as to processed or
manufactured goods for export: Make amendments to procedure for receipt,
inspection and handling related to Clause 39 Article 1 of Circular No.
39/2018/TT-BTC on amendments to Article 60 of Circular No. 38/2015/TT-BTC,
including inspection of final accounts; amendments to final accounts.
(Quang Ngai Customs)
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28
Point 3.a, Clause 39 Article 1 of Circular No.
39/2018/TT-BTC dated April 20, 2018 “on amendments to Article 60 of Circular
No. 38/2015/TT-BTC dated March 25, 2015” does not stipulate that any
enterprise which submits final accounts for first time shall has its final accounts
inspected and transitional provisions does not also mention it.
(Ho Chi Minh City Customs)
Inspection of final accounts as prescribed in
Circular No. 39/2018/TT-BTC must be carried out in accordance with risk
management rules. The General Department of Customs will provide guidelines
in the procedure as a substitute for the procedure issued together with
Decision No. 1966/QD-TCHQ.
Article 64
29
Procedure for treatment for redundant materials and
supplies, scrap, waste; leased or borrowed machinery and equipment regarding
processing contract:
Circular No. 39/2018/TT-BTC repeals provision on
notification of plan on treatment for redundant materials and supplies,
scrap, waste; leased or borrowed machinery and equipment.
Proposal: Make amendment to
provision on receipt of notification of plans on treatment for redundant
materials and supplies, scrap, waste; leased or borrowed machinery and
equipment prescribed in Article 19 of Decision No. 1966/QD-TCHQ in accordance
with Circular No. 39.
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The General Department of Customs acknowledges
this enquiry to formulate a procedure as a substitute for the Decision No.
1966/QD-TCHQ.
III. System-related enquiries
30
- In order to facilitate implementation of
e-customs procedures prescribed in new Decree and Circular, request the
General Department of Customs to disclose procedures available on the System and
meeting e-information transmission requirements; provide road map and tasks
to be performed regarding procedures not available on the System or available
on the System but not meeting e-information transmission requirements.
(Thanh Hoa, Hanoi, Ho Chi Minh City
Customs)
- According to guidelines prescribed in Appendix
II of Circular No. 39/2018/TT-BTC, enterprises are required to make following
notifications: Notification of separating bills of lading regarding imported
goods (Form No. 12), notification of imported goods’ details in case of
absence of a bill of lading (Form No. 13), bill of lading, notification of
details about goods to be exported (Form No. 14), notification of
consolidation of goods from multiple export declarations into the same container
(Form No. 15), etc. However, currently, enterprises are unable to make such a
notification on the System.
Forms No. 17, 18, 19 Appendix II issued together
with Circular No. 39 solely stipulate e-notifications, not physical
notifications. Therefore, request General Department of Customs to provide
guidelines for forms of physical notifications.
(Quang Nam, Can Tho, Quang Ninh Customs)
Currently, the General Department of Customs has
cooperated with the software company to improve such a function on the System
and put it into operation soon. After improvement, the General Department of
Customs shall provide training and guidelines for officials. While awaiting
administrative procedures officially put into operation on the System,
request units to guide enterprises to use Forms issued together with the
Circular or on the online public service portal.
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Currently, enterprises have successfully declared
processing contracts or appendix thereof and sent then to the e-customs
system to receive receipt numbers. However, enterprises cannot search
information about such processing contracts or appendix thereof on the
System.
(Quang Nam Customs)
In order to search information about processing
contracts declared on the system that manages processed and manufactured
goods for export, perform the function VI. Search information => 1. Search
declared documents => 1.02. Search processing contract.
32
Currently, it is unable to declare the item “permit”
on an export declaration because VNACCS has not been upgraded and updated.
Whilst pending the System upgrade, Sub-department of Customs temporarily
guides enterprises to declare permits associated with coal and bauxite in the
notes section in the declaration.
(Quang Ninh Customs)
Declaration of item “Export permit” prescribed in
Point 2.33 Appendix I issued together with Circular No. 39/2018/TT-BTC as a
substitute for Appendix II issued together with Circular No. 38/2015/TT-BTC,
request units to guide declarants to comply with the regulation.
With regard to goods not subject to export/import
permit-based management or in a case where the specialized inspection agency
has not issued a notification of specialized inspection result or an
equivalent document, while the declarant is only required to submit
documentation substantiating goods’ eligibility for export or import (for
example supporting particulars for legitimate origin of exported coal, etc.),
units shall guide the declarant to declare number and date of documentation
in the item “notes” of the customs declaration.
33
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Enquiry: There is no box for declaring import
trustor’s name in the export declaration.
Proposal: Add another box for declaring import
trustor’s name in the export declaration.
(Hai Phong Customs)
Pursuant to form No. 02 Appendix I of Circular
No. 39/2018/TT-BTC as a substitute for Appendix II of Circular No.
38/2015/TT-BTC in terms of item 2.19 importer’s name as follows: “If a
sales contract has a term on delivery of goods to designated consignee in
Vietnam (in-country export), the importer’s name is the foreign buyer’s name:
insert the designated consignee’s name (in Vietnam) in the box “Notes””.
Request Customs Departments of provinces to guide declarants to comply with
this regulation.
34
With regard to declaration of quantity with
decimal part exceeding 2 decimal places, as prescribed in 1.83 form No. 01
Appendix II “If the actual quantity has a decimal part exceeding 2 decimal
places, the declarant must round it to 2 decimal places…, and declare the
actual quantity and unit price in the box “Description of goods” according to
the following rules: “description of goods&quantity” (do not
declare unit in the box “Invoice unit”). According to guidelines, the invoice
unit will be declared in box “description of goods", however, specific
guidelines for declaration in this box is not mentioned. Alternatively,
according to reports from enterprises, when decelerating according to
abovementioned rules, description of goods inserted prior to quantity will
disappear when being transmitted to the system of customs authority, leading
to the fact that the customs authority only receives “&quantity”.
(Quang Ngai Customs)
- If the quantity has a decimal part exceeding 2 decimal
places, the declarant must round it to 2 decimal places…, and declare actual
quantity and unit price in the box “Description of goods” according to the
following rules: “description of goods&quantity”. The invoice unit is
inserted in the box “description of goods” after above declaration and
separated by a full stop (.)
- According to the system design, the declarant
may insert up to 200 digits in the box “Description of goods”. If information
to be inserted in the box “Description of goods” exceeds allowed number of
digits, request the declarant to add declaration in the box “Notes” or attach
a file (HYS practice).
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Certain forms are not available although they are
prescribed in Circular No. 39/2018/TT-BTC as “Form … of this Circular”. For example,
amended Clause 1 Article 18 stipulates “declarant must duly complete customs
declaration as prescribed in Form No. 01 or 02 Appendix II issued herewith”,
however theses forms are actually in Appendix I issued together with Circular
No. 39/2018/TT-BTC; Article 55 stipulates that “consumption rate… determined
in Form No. 27 in Appendix II issued together with this Circular”, however
this must be form No. 16/DMTT/GSQL in Appendix II.
Circular No. 39/2018/TT-BTC has two kinds of
Forms: One category includes forms which are used via the System; the other
includes physical forms which are used when the System fails to meet certain
requirements or breaks down.
36
Recording the subtraction of e-C/O regarding goods
from a foreign country to a bonded warehouse for multiple imports:
Pursuant to Article 23 of Circular No.
38/2018/TT-BTC on recording the subtraction of C/O: “A declarant registers
recording of the subtraction of C/O on the e-customs system according to form
No. 01/CT/DTTL/GSQL Appendix IV issued herewith, submit a copy of C/O via the
e-customs system and 1 original of C/O to Sub-department of Customs that has
authority over the bonded warehouse before registering an import customs
declaration of initial shipment from the bonded house to inland”.
Proposal: Guideline for recording the subtraction
of e-C/O is needed.
(Ho Chi Minh City Customs)
The General Department of Customs acknowledges
this enquiry to build the System, in the short term, request units to record
the subtraction of recorded/declared imports from the import quota in
physical form.