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MINISTRY OF
FINANCE OF VIETNAM
GENERAL DEPARTMENT OF VIETNAM CUSTOMS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 398/TCHQ-GSQL
Conducting inspection of goods with
container scanners in Vietnam
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Hanoi, January
27, 2021
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To: Departments
of Customs of provinces and cities of Vietnam.
In order to conduct inspection of goods with
container scanners as prescribed in Decision No. 3272/QD-TCHQ dated November
24, 2020 of the General Director of General Department of Vietnam Customs, the
General Department of Vietnam Customs requires:
1. Director
Generals of Customs Departments of provinces and cities to proactively organize
implementation thereof, assignment and instruction of affiliated units in a
manner that is suitable for particular nature of each unit to improve
performance and effect of the scanning work; strengthen scanning work during
handling process for import goods to serve as a basis for assessing the
compliance of enterprises, pre-assessing information of import goods to reduce
time in customs clearance period; proactively solve problems arising in the
scanning process to facilitate the customs clearance of enterprises.
2. Departments of Customs of provinces and cities
equipped with scanners shall cooperate with enterprises operating warehouses,
storage and ports in their provinces and cities in strictly control the
fulfillment of their responsibilities for cooperation in customs inspection and
supervision as prescribed in regulations of clause 4 Article 41 of the Law on
Customs, point c clause 2 Article 68 of Decree No. 08/2015/ND-CP dated January
21, 2015 of the Government of Vietnam (revised to Decree No. 59/2018/ND-CP
dated April 20, 2018 of the Government of Vietnam), point b.1.3 clause 1
Article 52 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry
of Finance of Vietnam (revised to Circular No. 39/2018/TT-BTC of the Ministry
of Finance of Vietnam). In case enterprises which operate warehouses, storage
and ports in their provinces and cities fail in cooperation and implementation
of preparing records of customs administrative violations and their penalties
as prescribed in clause b point 2 Article 24 of Decree No. 128/2020/ND-CP dated
October 19, 2020 of the Government of Vietnam for refusal to provide
information and cooperate with customs authorities in monitoring, inspecting
and supervising goods imported, exported and stored in warehouses, storage,
ports and locations for preparation of customs procedures, customs
consolidation, inspection and supervision.
3. Department
of Customs Supervision and Management and Risk Management Agency shall
cooperate with Customs Departments of provinces and cities in selecting goods
to take scanning in a manner that increases violation detection rate, keeps
containers from stock in the scanning period.
4. The
processing of scanning images must be standardized according to 03 levels
including:
- Are goods images consistent?
- Is there any other
goods/goods that are not declared on the Goods Manifest/Customs Declaration?
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After scanning, customs control teams shall be
required to specify scanning images, mark the suspected point on the scanning
images, and send information to relevant units according to regulations in
Decision No. 3272/QD-TCHQ and to Department of Customs Supervision and
Management via email: soichieu.gsql@customs.gov.vn for monitoring and
consolidation.
5. In
case scanned goods are stored in ports and border checkpoints but customs
declarations are registered in other units and scanning images show smuggled
goods, Customs Sub-Departments where goods are stored shall cooperate with
Customs Sup-Departments where customs declarations are registered in conducting
physical inspection in ports and border checkpoints.
6. For
particular cases such as scanning stocks in ports, goods of which customs
procedures carried out outside office hours, goods liable for violation of law,
units which select containers shall contact directly with customs control teams
at Customs Departments of provinces and cities equipped with scanners to
request the scanning; after scanning, the customs control teams shall report
results to the General Department of Vietnam Customs as prescribed.
7. Departments
of Customs Informatics and Statistics shall update codes of locations at which
scanners are located on the electronic customs data processing system and
assign to Customs officials working for customs control teams of provinces and
cities where scanners are located for fully perform goods supervision functions
when goods are transferred to and from the locations of scanning according to
Decision No. 3272/QD-TCHQ (List of locations at which scanners are located
specified in Appendix I issued herewith).
8. Customs
Departments of provinces and cities equipped with scanners shall make a List of
officials of customs control teams which are taking scanning and send it to the
Departments of Customs Informatics and Statistics to assign officials to
perform goods supervision functions on the system (such as receipt of goods,
submission of transfer records and goods branding).
9. Some
frequently asked questions of Customs Departments of provinces and cities
during the implementation period of Decision No. 3272/QD-TCHQ, are answered by
General Department of Vietnam Customs in Appendix II issued herewith.
For your information and compliance./.
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APPENDIX I
List of locations at which scanners are
located and their codes
(issued together with Official Dispatch No. 398/TCHQ-GSQL dated
January 27, 2021 of the General Department of Vietnam Customs)
No.
Locations of
scanners
Location codes
Notes
1
Scanners located
in ICD Long Bien – Customs Department of Hanoi
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2
Scanners located
in concentrated inspection locations of Hai Phong– Customs Department of Hai
Phong
MSHP1
3
Scanners located
in Tan Vu port – Customs Department of Hai Phong
MSHP2
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Scanners located
in Dinh Vu port – Customs Department of Hai Phong
MSHP3
5
Scanners located
in Lach Huyen port – Customs Department of Hai Phong
MSHP4
6
Scanners located
in concentrated locations - Xuan Cuong - Customs Department of Lang Son
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7
Scanners located
in ICD Long Binh Tan – Customs Department of Dong Nai
MSDNA1
8
Scanners located
in ICD Song Than port – Customs Department of Binh Duong
MSBDG1
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Scanners located
in concentrated inspection locations apart from industrial zones – Customs
Department of Binh Duong
MSBDG2
10
Scanners located
in Tien Sa port – Customs Department of Da Nang
MSDNG1
11
Gate scanners at
Cat Lai Port - Customs Department of Ho Chi Minh City
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12
Portable scanners
at Cat Lai Port - Customs Department of Ho Chi Minh City
MSHCM2
13
Stationary
scanners at Cat Lai Port - Customs Department of Ho Chi Minh City
MSHCM3
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Gate scanners at
ICD Phuoc Long - Customs Department of Ho Chi Minh City
MSHCM4
15
Portable scanners
at VCIT Port - Customs Department of Ho Chi Minh City
MSHCM5
APPENDIX II
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No.
Group of
difficulties
Contents
Instructions
for solving
1
Implementation of Regulations in Part III in case
the system has a problem or is not responding
Currently, customs units must combine multiple
systems into scanning such as VNACCS/VCIS, Ecustoms, VASSCM, etc., systems
which currently do not fully meet the regulations specified in Decision No.
3272/QD-TCHQ. Thus, which systems to be used must be consistent.
The General Department of Vietnam Customs
plans to develop a specialized system for scanning goods so that units may
exchange, process professional information and instantly make decisions.
However, it is currently in the stage of formulating the overall design,
initially implementing the project of connecting scanned images and
information to the customs system.
Therefore, it is now recommended that units
implement specific regulations as prescribed in Part III of Decision No.
3272/QD-TCHQ; in case some existing systems have partially met, they should
take scanning on such systems.
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Processing of the scanning results specified in
Part III
In case a customs control team takes scanning
outside of office hours and detects a doubt, the Customs Sub-Department where
the customs declaration is registered will be faced with difficulties in
arrangement of personnel because officials and leaders of the Customs
Sub-Department only work in the office hours.
In case the customs control team takes scanning
outside of office hours and detects the doubted container, it is required to
be transferred to a particular storage and handled at the beginning of the
next working day according to prescribed procedures.
Does the customs control team need to submit
scanned images and inspection results to the Customs Sub-Department where
goods are stored.
The submission is required for processing if the
customs declarant is absent.
In case the customs declaration has been
registered as specified in step 5 point b.4 clause 1, Section I, Part III,
the customs control team shall send transfer records, scanned images and
inspection results to relevant units, including the Customs Sub-Department
where the goods are stored.
For goods whose customs declaration has been
registered in this case, it is recommended that the customs control team
should submit inspection results to the Customs Sub-Department where the customs
declaration is registered instead of the Customs Sub-department where the
goods are stored.
3
Export goods for which scanning must be taken at
a concentrated scanning location
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It is requested that the Customs Sub-Department
where the customs declaration is registered points out on VNACCS/VCIS the
code of the location where the scanner is located, instruct enterprise to
transport export goods which have to be scanned to the scanning location and
present the export declaration to an official of the customs control team for
inspecting the conformity of declared information before transferring such
goods to scan. In case the information is not suitable, the official of the
customs control team should contact the Customs Sub-Department where the
declaration is registered for adjustment.
4
Scanned images
According to Decision No. 3272/QD-TCHQ, the
scanning results are used to identify suspicious about the consistency of
goods, quantity and types, detect smuggled goods, and false declare export
goods and prohibited export and import items.
In fact, multiple scanning cases are not possible
to accurately determine the quantity, type, or smuggled or prohibited goods;
therefore, image analyzers do not have enough grounds to conclude that the
scanning results are suspicious or not.
It is proposed to divide into 3 cases:
suspicious, unsuspicious and unspecified cases.
Scanned images are used to determine initial
signs and statements; therefore, in the condition that there are various
types of goods and methods of package, hard regulation for each case is very
difficult. It is recommended that if the suspicious sign cannot be clearly
determined, the scanning official shall mark it as suspicious and move on to
the next steps for clarification according to regulations.
5
Other contents
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- Goods stored in bonded
warehouses shall be scanned at the border checkpoint of import in the same
manners as imports.
- Goods temporarily imported
for re-export shall be scanned at the initial border checkpoint of import in
the same manner as imports, and at the final border checkpoint of export in
the same manners as exports.
Decision No. 3272/QD-TCHQ has not specified a
list of goods that are excluded from inspection by scanners such as Container
Flatrack, Container Open Top and oversized goods that cannot be inspected by
scanners.
It is requested that units that choose containers
to be scanned are responsible for checking to ensure the selection of the
right type of containers and trucks which have the right size to undergo the
scanning.