To: Customs
Departments of provinces and cities
Recently, trading and import of scrap in our
country have been on a sharp increase, changed complicatedly and caused
annoyance to the public. Through monitoring, inspection, supervision and
investigation of goods, it has been found that importing enterprises carry out
certain fraudulent acts and schemes upon import of scrap such as falsifying,
erasing or altering documents and certificates of conformity to environmental
protection regulations for import of scrap for production purposes (hereinafter
referred to as “certificates of conformity”) in order to legalize the documents
required for import of scrap, providing names and HS codes of goods
inconsistent with those of scrap in the list issued together with Decision
No.73/2014/QD-TTg dated December 19, 2014 of the Prime Minister and collecting,
at their discretion, samples used for testing to obtain the testing results
proving that the imported goods are not scrap in pursuit of evading scrap
management policies or importing waste shipments into Vietnam but refusing to
receive such shipments and leave them backlogged in the seaports for gain from
overseas entities (by turning Vietnam into a waste dump). As for that reason,
for the purpose of preventing the above-mentioned acts, not letting Vietnam
become the landfill of the world, saving costs of disposal of scrap and waste
imports and implementing the regulation on customs inspection as prescribed in
Article 31, 32, 33 and 34 of the 2014 Customs Law, sanctions prescribed in
Decree No.45/2016/ND-CP on amendments to Decree No.127/2013/ND-CP which
prescribes penalties for administrative violations and enforcement of
administrative decisions on customs and the law on environmental protection,
and following the guidelines of the Prime Minister given in Official Dispatch
No.5290/VPCP-KTTH dated June 05, 2018 regarding strict management of scrap
imported into Vietnam, the General Department of Vietnam Customs instructs
Customs Departments of provinces and cities to carry out the following tasks:
I. Legislative bases for
management of waste and scrap imports into Vietnam
1. A kind of materials
discharged in production, business, service, daily human and other activities
is considered waste as prescribed in clause 12 Article 3 of the Law on
Environmental Protection dated June 23, 2014.
Apart from scrap mentioned in clause 2 in this
Section, waste shall be prohibited from being imported and transit in any form
as prescribed in clause 9 in Article 7 of the Law on Environmental Protection.
2. Materials that are
available after collection, sorting and selection of materials or products
discarded during production or consumption activities for use as materials for
another manufacturing process are considered scrap as prescribed in clause 16
Article 3 of the Law on Environmental Protection.
Scrap materials subject to customs clearance
procedures for import must conform to the following requirements:
- They must be in the
list of scrap permitted for import issued by the Prime Minister (as prescribed
in clause 1 in Article 76 of the Law on Environmental Protection). This
requirement is now subject to the Prime Minister’s Decision No.73/2014/QD-TTg
dated December 19, 2014 prescribing the list of scrap permitted for import as
materials for production purpose;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- They must be imported within
the import quota by enterprises holding the certificate of conformity (as
prescribed in clause 2 Article 76 of the Law on Environmental Protection)
II. Actions taken by customs
authorities upon implementation of entry procedures applied to means of
transport carrying scrap and used goods characterized as scrap
The customs sub-department receiving and carrying
out customs handling of vessel documents on entry shall analyze the information
about goods on the e-manifest system as per clause 1 Article 67 of the
Government’s Decree No.08/2015/ND-CP dated January 21, 2015 prescribing details
and methods for enforcement of the Customs Law regarding customs procedure,
inspection, supervision and control which is amended or supplemented in clause
38 Article 1 of the Government’s Decree No.59/2018/ND-CP dated April 20, 2018
with special attention paid to strict inspection of the followings:
1. On completing the
declaration on the e-manifest system, all detailed information on the importing
enterprise, including its name, tax code, address, number of certificate of
conformity, etc and information on goods such as type of scrap, HS code
containing at least 4 digits must be provided For instance, declaring “plastic
scrap” or “paper scrap” instead of "scrap" having general meaning;
avoid using the following terms having general meanings such as general cargo,
freight of all kinds, FAK, said to contain, STC, etc
In case of failure to do so, such declaration shall
be rejected and the requesting customs declarant shall be informed of reasons
for such rejection and requested to submit an additional declaration through
the national single-window portal.
2. Information declared on the
e-manifest system must be reviewed and analyzed within 4 working hours of
receipt of information declared on the e-manifest system, and then processed as
follows:
a) If having grounds for determining that goods
aboard the vessel are scrap as prescribed in clause 12 Article 3 of the Law on
Environmental Protection, the customs sub-department shall immediately notify
the shipping line and port operator that they are not allowed to discharge
those goods at the port and request the shipping line to take those goods out
of the Vietnamese territory, and then any take legally prescribed action
against violations;
b) In case a ship has not yet arrived at the
port or has already arrived at the port in Vietnam but not yet unloaded goods
at the port yard and the customs sub-department has been informed that goods
aboard the ship is declared as scrap on the e-manifest system, they shall check
whether the importer registered on the e-manifest system is present in the list
of enterprises holding unexpired certificates of conformity posted on the V5
e-clearance system of the General Department of Customs:
b.1) If the importer on the e-manifest system is
not found in the aforesaid list, the customs sub-department shall immediately
notify the shipping line and port operator that they are not allowed to
discharge the scrap shipments at the port and request the shipping line to take
those shipments out of the Vietnamese territory.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) In case a ship has not yet arrived at the port
or has already arrived at the port in Vietnam and goods aboard the ship have
not yet been discharged to the port yard and have been declared on the
e-manifest system as used goods, not scrap but are characterized as scrap (e.g.
USED woven jumbo bags, USED pr film, USED tyre, etc.,) and the importer is not
present in the aforesaid list posted on the V5 e-clearance system, and these
goods are considered scrap but have not had any national technical regulation
on environment, the custom sub-department shall put such importer on the list
of enterprises requiring special control and carry out the customs procedures
as prescribed in clause 2 in Section II herein.
III. Customs procedures applied
to scrap imported from foreign countries and imported goods declared as used
goods but characterized as scrap
1 . With regard to goods
declared as scrap imported from foreign countries
a) Customs declaration registration:
Customs authorities shall not grant the customs
declaration registration for goods claimed as scrap to enterprises not having
certificates of conformity.
b) Customs dossier inspection:
The customs sub-department where the customs
declaration is registered shall check the validity of the customs dossier and
collate the information stated in the certificate of conformity, written
notification of imported scrap shipment, certificate of import deposit for
scrap, authorization contract (if any) and certificate of conformity with
national technical regulations on environment for imported scrap shipment and
other documents included in the customs dossier.
b.1) Checking the certificate of conformity
(certificate of scrap import)
- The certificate of scrap
import must be the certified true copy.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Collate the following
information: issuance authority, certificate no. , issuance date, name of
organization or individual directly using scrap as materials for
production/name of organization or individual authorized to import scrap, name
and address of the entity using scrap for production purpose or address of the
warehouse or yard storing imported scrap, scrap HS description and code, allowable
imported volume and effective period of the certificate of scrap import
- With regard to the
enterprise authorized to import scrap, check the certified copy of the
authorization contract signed with an organization or individual using scrap as
materials for production who possesses a certificate of scrap import and check
the certified copy of unexpired certificate of scrap import of such
authorized enterprise
b.2) Checking the written notification of the
imported scrap shipment
- Check the format and
validity of the certified copy of such written notification according to
Appendix 12 issued together with Circular No.41/2015/TT-BTNMT.
- Collate the written
notification submitted by the customs declarant with the one kept on the V5
e-clearance system in respect of the following information: notification no. ,
issuance date, signatory, name and address of organization or individual, scrap
HS description and code, total allowable imported volume specified in the
certificate of scrap import, volume of scrap imported successfully and those
under the customs procedures.
b.3) Checking the certificate of import deposit for
scrap as prescribed in Article 58 and 59 of Decree No.38/2015/ND-CP dated April
24, 2015 of the Government on management of waste and scrap
- Such certificate must be a
certified copy and issued by Funds for environmental protection of Vietnam or
Commercial Bank at which the deposit is made.
- The deposit must be made at
least 15 days before the procedures for clearance of imported scrap are carried
out.
- Deposit amount is specified
below:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
+ A deposit of 15% of total value of imported scrap
shipment must be made if the weight of imported iron and steel scrap is from
500 to less than 100 tonnes.
+ A deposit of 20% of total value of imported scrap
shipment must be made if the weight of imported iron and steel scrap is from
1,000 tonnes.
+ A deposit of 15% of total value of imported scrap
shipment must be made if the weight of imported paper and plastic scrap is less
than 100 tonnes.
+ A deposit of 18% of total value of imported scrap
shipment must be made if the weight of imported paper and plastic scrap is from
100 to less than 500 tonnes.
+ A deposit of 20% of total value of imported scrap
shipment must be made if the weight of imported paper and plastic scrap is from
500 tonnes.
b.4) Checking the certificate of conformity with
national technical regulations on environment for imported scrap shipment to
ensure the certification body must be found in the list of certification bodies
appointed by the Ministry of Natural Resources and Environment (inspect the
issuance date and effective period of the appointment decision by Ministry of
Natural Resources and Environment) and check the format of the original
certification as well as verify whether the information stated in such
certificate is consistent with that provided in the customs declaration and
relevant documents.
b.5) Collating and comparing data including the
quantity and HS code of the scrap imported by the enterprise provided in the
customs dossier (customs declaration and relevant documents) with information
stated in the certificate of scrap import, written notification of the import
of scrap, certificate of import deposit for scrap and certificate of conformity
with technical regulations on environment
c) Physical inspection of goods:
c.1) The customs authority shall carry out the physical
inspection of all shipments claimed as imported scrap.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The physical inspection of goods shall be carried
out at the Customs Sub-department at the entry checkpoint (hereinafter referred
to as “entry checkpoint Customs Sub-department”) as prescribed in clause 4 in
Article 10 of Circular No.41/2015/TT-BTNMT.
In case the importing enterprise registers the
customs declaration at the Customs Sub-department other than the one mentioned
above, the receiving Customs Sub-department shall send a written notice or a
fax asking the entry checkpoint Customs Sub-department to cooperate with the
responsible Customs Inspection Sub-department/Customs Inspection Department
(hereinafter referred to as “Customs Inspection Authority”) in carrying out the
physical inspection and sampling.
If the entry checkpoint is equipped with a closed
circuit television system, the physical inspection of goods shall be carried
out in the area under such system’s surveillance.
c.3) Before presenting goods for inspection and
typical sampling, the customs declarant must inform, whether in writing or
through the national single-window system, to the Customs Sub-department where
goods are stored and the appointed certification body of the time and place of
the inspection and sampling.
c.4) Right after being informed, the Customs
Sub-department at the entry checkpoint where the goods are stored shall write
an inspection requesting note and send it directly or by fax to the responsible
Customs Inspection Authority (according to form no.01/PYCKD/2018 issued
thereto).
After receiving the requesting note or fax, such
Customs Inspection Authority shall arrange for their inspectors and technical
equipments to cooperate with customs officers in carrying out the inspection and
sampling.
The Customs Inspection Authority shall only inspect
goods having national technical regulations on environment.
c.5) Form, extent and method of inspection
Inspection for the purpose of determining whether the
information in the customs declaration is consistent with the real condition of
imported goods shall be carried out by customs officers of the entry checkpoint
Customs Sub-department and customs inspectors of the Customs Inspection
Authority.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c.5.2) In case results of visual inspection and
on-site physical inspection carried out by using analysis equipment fails to
determine whether the imported scrap are conformable to provisions of the
Customs Law and the Law on Environmental Protection, the Customs Inspection
Authority shall cooperate with the entry checkpoint Customs Sub-department in
collecting typical samples for analysis and assessment purpose. The
sampling shall comply with regulations in Circular No.43/2010/TT-BTNMT.
Physical inspection and sampling of goods by the
Customs Inspection Authority shall be carried out in conjunction with the
sampling by the certification body appointed by the Ministry of Natural
Resources and Environment.
c.5.3) During the physical inspection and typical
sampling of goods, the customs officer overseeing the sampling process shall
take photos of inspection points, collect samples of imported goods, and video
the whole inspection and sampling process, from the opening of goods container
(with regard to containerized goods) or the commencement of inspection of goods
(with regard to bulk cargos) to the completion of inspection and
sampling. For shipments requiring extra time for inspection, only photos
showing inspection contents and methods as well as real conditions of goods for
inspection, handling complaints or filing of a lawsuit shall be taken. Photos
of inspection and sampling points shall be sent to the mail box at the address [email protected] while
the video of the inspection and sampling is deposited with the entry checkpoint
Customs Sub-department for the purpose of inspection, handing complaints or
filing of a lawsuit.
c.5.4) At the end of the physical inspection of
goods, the in-charge customs inspector shall write an inspection result report
according to form no.06/PGKQKT/GSQL issued together with Circular
No.38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance prescribing
customs procedures, inspection and supervision, import and export tariff and
management of duties on imported and exported goods (which is amended in
Circular No.39/2018/TT-BTC dated April 20, 2018). The inspectors of the Customs
Inspection Authority shall sign for certification at item no.4 in the part
“manual inspection” in section II of the inspection result report.
For goods claimed as scrap that are present in the
list provided in Decision No.73/2014/QD-TTg but do not have any national
technical regulation on environment, the customs authority shall determine that
there are not enough grounds for clearance of those goods.
c.5.5) For goods of which typical sampling is
required, at the end of the sampling, the customs inspector shall make a
written document certifying such sampling according to form no.02/BBLM-PL
issued thereto which is endorsed by the customs declarant, customs officers of
the Customs Inspection Authority and representative of the certification body.
The written document certifying the sampling must specify the sampling time and
position (samples may be collected in a container or from a shipment), sampling
method and the quantity of sample (quantity and weight of samples conforming to
regulations in Circular No.43/2010/TT-BTNMT) and serial number of the container
or means of transport carrying scrap goods.
c.5.6) The customs officer must apply security
seals to the samples after sampling. One sample shall be sent to the Customs
Inspection Authority for its inspection and assessment of compliance with
provisions of the Customs Law and the Law on Environmental Protection. One
sample shall be sent to the appointed certification body. One sample shall be
kept at the entry checkpoint Custom Sub-department. Sample storage time shall
be subject to the Circular No.14/2015/TT-BTC dated January 30, 2015.
c.6) The visual inspection of goods and on-site
inspection by using testing equipment shall be carried out within 8 working
hours starting from the customs declarant’s presentation of all goods for
inspection. In case of goods imported in large quantities, of various kinds or
complicated inspection, physical inspection duration shall not exceed 2 working
days.
In cases where analysis and assessment of criteria
for determination of conformity with technical regulations on laboratory
environment, the Customs Inspection Authority may request analysis and
assessment of criteria failing to meet conformity requirements by certification
body appointed by the Ministry of Natural Resources and Environment as the
basis for its notification of inspection results. The Customs Inspection
Department shall make a consolidated report on cases in which analysis is
carried out in excess of the prescribed time.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c.7.1) If the inspection results show that the
imported scrap conforms to provisions of the Customs Law and the Law on
Environmental Protection, the customs sub-department shall continue to carry
out the customs procedure as regulated;
c.7.2) If the inspection results show that the
imported scrap fails to conform to provisions of the Customs Law and the Law on
Environmental Protection, the customs sub-department shall take actions as
regulated.
2. With regard to goods
declared as used goods but characterized as scrap
a) Physical inspection of all goods shipments is
required. If the VNACCS/VCIS system does not have the red channel, the customs
sub-department shall move goods to other channels for physical inspection.
b) Before presenting goods for inspection and
typical sampling, the customs declarant must inform, whether in writing or
through the national single-window system, to the Customs Sub-department where
the goods are stored of the time and place for the inspection and sampling.
c) Right after being inform, the Customs
Sub-department at the entry checkpoint where the goods are stored shall write a
note requesting for inspection according to form no.01/PYCKD/2018 issued
thereto and send it directly or through fax to the responsible Customs
Inspection Authority.
After receiving the requesting note or fax, such
Customs Inspection Authority shall arrange for their inspectors and technical
equipments to cooperate with customs officers in carrying out inspection and
sampling.
d) The Customs Inspection Authority in collaboration
with the Custom Sub-department shall carry out visual inspection and on-site
physical inspection by using analysis equipment and take the following actions:
d.1) If it is determined that the imported goods
are used goods in the list of goods prohibited for import prescribed in the
Government’s Decree No.69/2018/ND-CP dated May 15, 2018 specifying
implementation of a number of articles of the Law on management of foreign
commerce, the Customs Sub-department where the customs declaration is registered
shall take any legally permissible action against violations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d.3) If results of the physical inspection of goods
show that the inspected goods are used goods declared by the customs declarant
as production materials, the customs sub-department shall carry out inspection
as prescribed in clause 1 in Section III herein.
dd) If results of visual inspection and on-site
physical inspection by using testing equipment fail to provide sufficient
grounds for determining whether goods satisfy import requirements, the entry
checkpoint Customs Sub-department shall cooperate with Customs Inspection
Authority in carrying out sampling of goods for analysis and inspection
purpose.
e) During the physical inspection and typical
sampling of goods, the customs officer overseeing sampling shall take photos of
inspection points, collect samples of imported goods, and video the whole
inspection and sampling, from the opening of goods container (with regard to
containerized goods) or commencement of inspection of goods (with regard to
bulk cargos) to the completion of inspection and sampling. For shipments
requiring extra time for inspection, only photos showing inspection contents
and methods as well as real conditions of goods for inspection, handling
complaints or filing of a lawsuit shall be taken. Photos of inspection and
sampling points shall be sent to the mail box at the address
[email protected] while the video of the inspection and sampling is
deposited with the entry checkpoint Customs Sub-department for the purpose of
inspection, handing complaints or filing of a lawsuit.
g) At the end of the physical inspection of goods,
the in-charge inspector shall write an inspection result report according to
form no.06/PGKQKT/GSQL issued together with Circular No.38/2015/TT-BTC which is
amended in Circular No.39/2018/TT-BTC dated April 20, 2018. The inspectors of
the entry checkpoint Customs Sub-department and Customs Inspection Authority
shall sign for certification at item no.4 in the part “manual inspection” in
section II of the inspection result report. If the goods are claimed as waste,
the inspection result report form must provide details of goods such as specification,
quality, components and functions of goods.
h) For goods requiring typical sampling, at the end
of the sampling, the customs inspector shall make a written document certifying
such sampling according to form no.02/BBLM-PL issued together with Circular
No.38/2015/TT-BTC which is amended in Circular No.39/2018/TT-BTC dated April
20, 2018 which is endorsed by the customs declarant, customs officers of the
entry checkpoint Customs Sub-department and Customs Inspection Authority. The
written document certifying the sampling must specify the sampling time and
position (samples may be collected in a container or from a shipment), sampling
method and the quantity of sample (the quantity and weight of samples) and
serial number of the container or means of transport carrying goods.
i) The customs officer must apply security seals to
the samples after sampling. One sample shall be sent to the Customs Inspection
Authority for its analysis and inspection. One sample shall be kept at the
entry checkpoint Custom Sub-department. Sample storage time is subject to the
Circular No.14/2015/TT-BTC dated January 30, 2015.
k) The visual inspection of goods and on-site
physical inspection by using testing equipment shall be carried out within 8
working hours starting from the customs declarant’s presentation of all goods
for inspection. In case of goods imported in large quantities, of various kinds
or complicated inspection, physical inspection duration shall not exceed 2
working days.
For cases in which laboratory analysis and
assessment of goods are required, the Customs Inspection Authority may request
analysis and assessment of criteria failing to meet conformity requirements by
certification body appointed by relevant ministries as the basis for its
notification of inspection results. The Customs Inspection Department shall
make a consolidated report on cases in which analysis is carried out in excess
of the prescribed time.
l) Actions taken in response to the results
informed by the Customs Inspection Authority shall be subject to point d in
clause 2 in Section III herein.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Customs Departments of provinces and cities where
goods are backlogged shall take responsibility to:
1. carry out necessary review
of the backlogged situation and call for cooperation of the enterprise/shipping
line/shipping agent in identifying the goods’ owner and classifying goods according
to their type, quantity, volume, components, storage time and place;
2. collect and analyze
information about, investigate, verify as well as proactively check, even in
the absence of the customs declarant as per Article 34 of the Customs Law dated
June 23, 2014, any shipment showing signs of violations or any abuse of
permission for scrap import for smuggling or illegal transport of goods across
the border;
3. According to results of the
above-mentioned activities, backlogged goods shall be handled as follows:
a) With respect to goods identified as waste and
hazardous waste:
a.1) if they are identified as exhibits used in
criminal cases, actions for handling this kind of goods shall be subject to
provisions of the Law on Criminal Procedure;
a.2) if they are not identified as exhibits used in
criminal cases, penalties for administrative violations shall be imposed and
this kind of goods shall be forcibly moved out of Vietnam.
b) With respect to goods identified as scrap
appearing in the list provided in Decision No.73/2014/QD-TTg:
b.1) they shall be handled in case any national
technical regulation on environment applied to this kind of goods is available
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b.1.2) if the consignee defined on the e-manifest
system is the enterprise who does not hold a certificate of conformity, the
shipping line/shipping agent to notify shall be required to notify the
consignee of their ineligibility for carrying out the entry procedures and to
move those goods out the Vietnamese territory.
b.2) in case no national technical regulation on
environment applied to this kind of goods is available, the shipping
line/shipping agent shall required to notify the consignee that the customs
authority has no grounds for considering the clearance of this kind of goods
and to move those goods out of the Vietnamese territory.
4. Scrap goods backlogged in
the customs controlled area shall be handled under the guidance of the Customs
General Department provided in Official Dispatch No.2443/TCHQ-GSQL dated July
05, 2018 as follows:
a) Scrap goods backlogged in ports on which any
action has not yet been taken or is in progress under the guidance provided in
Official Dispatch No.2443/TCHQ-GSQL dated May 07, 2018 shall be handled as
guided in clause 1, 2 and 3 in this Section.
b) For scrap goods backlogged in ports that have
been handled as guided in Official Dispatch No.2443/TCHQ-GSQL dated May 07,
2018, the contents and results of handling of each shipment shall be sent to
the Customs General Department (through the Customs management and supervision
department).
V. Implementation
1. This
Official Dispatch shall replace Official Dispatch No.8154/TCHQ-GSQL dated
September 08, 2015 regarding inspection of imported scrap without the national
technical regulations on environment, Official Dispatch No.2443/TCHQ-GSQL dated
May 07, 2018 on handling scrap goods backlogged in the customs controlled area
and Official Dispatch No.3738/TCHQ-GSQL dated June 26, 2018 of the Customs
General Department on management of imported scrap.
2. Entities
affiliated to the General Department of Customs shall take responsibility to
thoroughly grasp and implement this Official Dispatch. While on duty,
annoyance, harassment, negative behaviors and unnecessary extension of time
shall be prohibited.
3. Specific tasks
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Notify the shipping line or shipping agent that
they must declare information on the e-manifest system as prescribed in clause
1 Section II herein.
b) Notify the scrap importer that:
b.1) the custom authority shall carry out the
customs procedures applied to scrap imported from foreign countries only to the
extent that they are in the Prime Minister’s list of goods permitted for
import, national technical regulations on environment applied to these scrap
are available, and they are imported within the import quota by the enterprise
holding a certificate of conformity;
b.2) goods that are scrap gypsum, scrap glass or
chemical elements doped for use in electronics, in the form of discs, wafers or
similar forms shall be shown as “PL&name of goods" at the column
"Description"
b.3) detailed information on the importing
enterprise including name, tax code, address and number of the certificate of
conformity and goods information including type of scrap, HS code containing at
least 4 digits shall be given to the exporter/carrier for completing their
declaration on the e-manifest system.
3.2. Anti-Smuggling and Investigation Department
a) Preside over and instruct Customs Departments of
provinces and cities to implement plans for investigation, verification and
handling of violations arising from scrap import activities, with emphasis on:
a.1) collecting information, data and documents
concerning the import of iron, steel, plastic or paper scrap from foreign
countries into Vietnam in the past few years and carrying out necessary review
and examination to discover any alleged violation;
a.2) presiding over and instructing entities
concerned to investigate and verify cases showing suspicious signs of
violations in import of scrap and handling violations in accordance with
provisions of laws.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Cooperate with the General Department’s Office
in online and focused monitoring of inspection and sampling of scrap imported
from foreign countries into Vietnam and imported used goods having the scrap's
feature but not in the list of goods permitted to be imported as materials for
production issued together with Decision No.73/2014/QD-TTg.
3.3. Customs Inspection Department
a) Prepare plans and methods for performing the
tasks assigned herein in such a way that goods are not stagnated at the
checkpoint
b) Allocate permanent inspectors at the checkpoint
for cooperation in inspection and sampling
3.4. Risk Management Department
a) Assist in the analysis of information declared
on the e-manifest system and transfer of channel for physical inspection of
shipments suspected as imported waste or scrap
b) Cooperate with the Custom IT and Statistic
Department, Customs Management and Supervision Department and Customs
Inspection Department in developing standards for eligibility inspection and
not allowing enterprises importing scrap without certificate of conformity to
register customs declaration.
3.5. Customs IT and Statistics Department
Design applications on the System that:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) allow enterprises to be updated on or have
access to the list of enterprises holding certificates of conformity and
written notification of the imported scrap shipment.
3.6. Post-clearance Audit Department
Preside over and cooperate with the Anti-Smuggling
and Investigation Department, Risk Management Department, Customs Inspection
Department and Inspection Department in collecting and analyzing information,
preparing and implementing plans for key inspection of use of scrap as
materials for production and taking actions against violations relating to use
of scrap for other purposes as stated in the issued certificate of scrap
import.
3.7. Customs Management and Supervision Department
a) Monitor, inspect and urge Customs Departments of
provinces and cities to carry out the procedures for importing scrap as
instructed in this Official Dispatch and relevant documents
b) Cooperate with the Customs IT and Statistic
Department in updating the list of enterprises having certificates of
conformity and written notification of the imported scrap shipment on the V5
e-clearance system
The General Department of Customs shall, by this
document, request entities to thoroughly grasp and comply with this Official
Dispatch. Should there be any difficulty arise in the course of implementation,
entities concerned should promptly notify the General Department (through the
Customs Management and Supervision Department) for its further instruction.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Form
No.01/PYCKD/2018
CUSTOMS DEPARTMENT
OF….
CUSTOMS SUB-DEPARTMENT OF …….
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No…../……..
…., date
(dd/mm/yyyy)
INSPECTION REQUESTING NOTE
(Issued
together with Official Dispatch No.4202/TCHQ-PC dated July 17, 2018 of the
General Department of Customs)
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Name of goods declared:
……………………………………………………………
2. HS code of goods declared:
……………………………………………………………
3. Customs declaration no……
dated………….
4. Importing/exporting
company:…………………………………………………….
5. Enclosure:
(a) Customs declaration (copy)
: Yes □
No □
(b) Commercial contract (copy)
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
No □
(c) Relevant technical documents (copy)
: Yes □
No □
(d) Inspection certificate (copy, if any)
: Yes □
No □
(e) C/O (if any)
: Yes □
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(f) Results of physical inspection of goods
(copy)
: Yes □
No □
(g) Documents relating to specialized
inspection (if available, specify the type of the document):
………………………………………………………………………………………………………………
6. Proposed time of
cooperation in physical inspection: ………………………………
7. Place of physical inspection:
………………………………………………
8. Requested inspection: tick
the appropriate checkbox and give required details of each requested
inspection:
(a) Inspection of HS code
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(b) Inspection for identification of name/type
of precursor or prohibited substance: clearly specify name and type of
prohibited substance …………………………………………..
□
(c) Specialized inspection in respect of
............ (specify the extent of the inspection) For instance: food safety
and quality and quarantine in accordance with regulations in ………………………..(name
of the document)
□
(d) Other inspection matters (clearly
specify where applicable): …………………………………….
CUSTOMS OFFICER
(Sign and full name)
DIRECTOR
(Sign, full name and seal)
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Form
No.02/BBLM-PL
CUSTOMS DEPARTMENT
OF …..
CUSTOMS SUB-DEPARTMENT OF …..
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No…../……..
(dd/mm/yyyy)
IMPORTED SCRAP SAMPLING RECORD
(Issued
together with Official Dispatch No.4202/TCHQ-PC dated July 17, 2018 of the
General Department of Customs)
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Customs Sub-department at
which the customs declaration is registered: …………..
3. Mode of physical inspection
of goods (inspection exemption, ratio inspection or whole
inspection):
4. Customs Sub-department at
the place where samples are collected: …………………..
5. Person in charge of sampling:
+ Custom officer of the Customs Sub-department at
the place where samples are collected: ................
+ Inspector: ………………..
+ Representative of the certification body:
............................
+ Representative of goods’ owner: …………………..
6. Sampling location:
…………………………………………………….
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. Sampling method:
………………………….
9. Sample name:
………………………………………..
10. Sample quantity:
…………………………………..
11. Sample weight:
…………………………………..
12. Sample details (size and
characteristics): ............................................................
.......................................................................................................................
.......................................................................................................................
13. Sample security seal and
inspection purposes and requirements:
No.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Quantity of sample
Weight of sample
Sealing no.
Inspection purposes
and requirements
1
Checkpoint Customs Sub-department
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2
Custom Inspection Authority
3
Certification body
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
14. Serial number of the container
or means of transport carrying scrap goods:.............
...................................................................................................................................
(11) CHECKPOINT
CUSTOMS SUB-DEPARTMENT
(Sign and full name)
(13) CERTIFICATION
BODY
(Sign and full name)
(12) INSPECTION
AUTHORITY
(Sign and full name)
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66