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MINISTRY
OF FINANCE
GENERAL DEPARTMENT OF VIETNAM CUSTOMS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.6644/TCHQ-GSQL
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Hanoi,
November 13, 2018
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To:
Departments of Customs of provinces and cities
For the purpose of
implementing Directive No.27/CT-TTg dated September 17, 2018 of the Prime
Minister on certain urgent solutions for strengthening management of import and
use of waste for production purpose and Circular No.08/2018/TT-BTNMT, Circular
No.09/2018/TT-BTNMT dated September 14, 2018 of the Ministry of Natural
Resources and Environment and following Official Dispatch No.4202/TCHQ-PC dated
July 17, 2018 regarding guidance on managing, monitoring and implementing
customs procedures for import of waste into Vietnam, below are instructions
given by the General Department of Vietnam Customs.
I.
Receiving, checking and handling waste discharged at the port
1. Imported
waste may be discharged from the vehicle at the port only if the following
requirements are met:
a) The consignee on the
E-Manifest system shall possess an unexpired certificate of environment safety
of waste import (hereinafter referred to as “certificate of environment safety”).
b) The consignee on the
E-Manifest system shall possess a certificate of import deposit for waste
provided on the E-Manifest system.
c) The quantity of waste
discharged at the port must not exceed the remaining waste quantity for import provided
in the certificate of environment safety (the remaining waste quantity for
import is equal to the import quantity provided in the certificate of
environment safety minus the waste quantity imported in reality (including the
waste quantity discharged at the port not granted customs clearance and those
with granted customs clearance.))
2. Implementation
procedures
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a) Checking information
about the waste expected to be discharged at the port:
a.1) According to the
information about the waste shipment expected to be discharged at the port and
the certificate of import deposit for waste provided in the waste management
software, before the vehicle enters the port of Vietnam, the Customs Sub-Department
of the place where the entrance procedure for vehicles is carried out shall collate
the information on the E-Manifest system (name of the consignee, tax code, name
and quantity of products, number and issuance date of the certificate of
environment safety and certificate of import deposit for waste) and take actions
as follows:
- If all
of the requirements prescribed in clause 1 this section are satisfied, the
waste shipment shall be claimed to be discharged at the port on the waste
management software to notify the importer, shipping line/shipping agent or
port operator that they are allowed to discharge such shipment at the port. The
waste quantity for discharge shall be deducted automatically on the software.
- If any
of the requirements prescribed in clause 1 this section is not satisfied, explanation
and update on the list of containers not permitted to be discharged at the port
shall be provided on the waste management software in order to notify the
importer, shipping line/shipping agent and port operator that they are not
permitted to discharge the waste shipment at the port and require such shipping
line/shipping agent to move such shipment out of the Vietnamese territory.
a.2) In case no information
about the waste shipment expected to be discharged at the port is available on
the waste management software, the Customs Sub-Department which carries out the
entry procedure for the vehicle shall collate shipment information declared on
the E-Manifest system and take actions as follows:
- If all
of the requirements prescribed in clause 1 this section are satisfied, the list
of goods permitted to be discharged at the port shall be uploaded to the waste
management software in order to notify the shipping line/shipping agent and
operator of the port in which the waste shipment is expected to be discharged
that they are allowed to discharge the waste shipment at the port.
- If any
of the requirements prescribed in clause 1 this section is not satisfied,
explanation and update on the list of goods not permitted to be discharged at
the port shall be provided on the waste management software in order to notify
the importer, shipping line/shipping agent and port operator that they are not
permitted to discharge the waste shipment at the port and require such shipping
line/shipping agent to move such shipment out of the Vietnamese territory.
b) Updating the waste
quantity discharged from the incoming vehicle at the port:
After the waste is
discharged at the port, the port operator shall confirm such discharge on the
waste management software to notify the importer of the goods discharge to
carry out following procedures.
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II.
Guidelines for following customs procedures for waste import
1. Customs
declaration registration:
The customs authority shall
not make registration of the customs declaration of waste in case the importer
fails to provide the information about the certificate of environment safety or
provides certificate of environment safety that is unexpired and fails to
provide documents attached to the customs dossier under the guidance provided
in Clause 2 below through the customs electronic data processing system
(hereinafter referred to as “the e-system”).
2. Inspection
of customs dossier:
Before checking the customs
dossier provided by the customs declarant, the customs officer who is assigned
to manage the account for access to the waste management software shall check
and update information about the declaration of waste import according to the
Appendix providing instructions for use of the waste management software issued
together with this Official Dispatch on such software to check the remaining
quantity permitted for import.
The customs dossier on
imported waste shall comply with provisions of the Customs Law, Decree
No.38/2015/ND-CP, Circular No.39/2018/TT-BTC, Circular No.08/2018/TT-BTNMT and
Circular No.09/2018/TT-BTNMT and shall include the following information:
- Import
declaration;
- A
copy of the commercial invoice;
- A copy
of the bill of lading;
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- A
copy of the authorization contract (in case of import under authorization);
- The
original of the notice of results of state inspection of imported waste quality
(this paper shall be provided after being granted by the Department of
Resources and Environment of the place where the production facility or factory
using waste is located.)
The customs officer shall
collate the information provided in the customs declaration with that in
documents provided in the customs dossier submitted on the e-system by the
importer and verify the validity of the following papers: the certificate of payment
of deposit for waste import and notice of results of state inspection of
imported waste quality issued by the Department of Resources and Environment of
the place where the production facility or factory using waste is located.
Scope of inspection:
a) Verifying information
about the certificate of environment safety:
- According
to the number of the certificate of environment safety provided in the customs
declaration, the customs officers shall collate such information with the
information provided on the website of the Ministry of Natural Resources and
Environment and national single-window system, if available then continue to carry
out the next procedure; If the information about the certificate of environment
safety is not available on the website of the Ministry of Natural Resources and
Environment or national single-window system, such customs officer must conduct
a verification under the guidance provided in Clause 4 of Official Dispatch
No.13151/BTC-TCHQ dated October 26, 2018 of the Ministry of Finance as a basis
for carrying out the following procedure and send a report to the General
Department of Vietnam Customs (through the Customs Management and Supervision
Department) for consideration and information update on the waste management
software.
- Collate
the following information: name of the organization/individual using waste for
production purpose/name of the importer of waste under the authorization
contract; name and address of the facility using waste for production
purpose/address of waste storage warehouse; name of waste, HS code and weight
of waste permitted for import and effective period of the certificate of
environment safety.
- In
case of import under the authorization contract, check the copy of the
authorization contract signed with the organization/individual using waste for
production purpose that is granted the certificate of environment safety.
Customs authorities no longer carry out customs procedures for importers of
waste under authorization contracts that are granted the certificate of
environment safety from September 17, 2018.
b) Checking the certificate
of import deposit for waste under regulations specified in Article 58 and 59 of
Decree No.38/2015/ND-CP dated April 24, 2015 of the Government on waste
management:
- The
certificate of payment of deposit for waste import shall be granted by Vietnam
Environmental Protection Fund or the commercial bank at which the import
deposit for waste is made and must be the true certified copy.
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- The
deposit shall comply with the following regulations:
+ For import volume less
than 500 tonnes of iron or steel waste, the deposit shall be equal to 10% of
total value of the shipment;
+ For import volume of from
500 to less than 1000 tonnes of iron or steel waste, the deposit shall be equal
to 15% of total value of the shipment;
+ For import volume of at
least 1.000 tonnes of iron or steel waste, the deposit shall be equal to 20% of
total value of the shipment;
+ For import volume of less
than 100 tonnes of paper waste and plastic waste, the deposit shall be equal to
15% of total value of the shipment;
+ For import volume of from
100 to less than 500 tonnes of paper and plastic waste, the deposit shall be
equal to 18% of total value of the shipment;
+ For import volume of at
least 500 tonnes of paper and plastic waste, the deposit shall be equal to 20%
of total value of the shipment;
+ For types of waste other
than the aforesaid waste, the deposit shall be equal to 10% of total value of
the shipment.
c) Collate the data
(quantity and HS code) on waste import provided in the customs dossier (customs
declaration and relevant documents) with the information provided in the certificate
of environment safety, certificate of payment of deposit for waste import and the
notice of the result of state inspection of imported waste quality.
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According to the notice of
results of state inspection of imported waste quality issued by the Department
of Resources and Environment of the area where the production facility or
factory using waste is located uploaded to the national single-window system or
the original copy provided by the customs declarant, the customs officer shall
collate the information provided in aforementioned announcement with that in
the customs declaration, customs dossier and the result of physical inspection
provided by the customs authority as the basis for clearance decision.
dd) Handling dossier
inspection results:
- If
the customs dossier satisfies the requirements, the customs procedure shall be
carried on as regulated.
- The
certificate of environment safety shall be rejected if it has expired (more
than 2 years from the issuance date for those granted before October 01, 2018
under regulations in Circular No.41/2015/TT-BTNMT or more than 3 years from the
issuance date for those granted from October 01, 2018 onwards as regulated in
Circular No.03/2018/TT-BTNMT) by the Ministry of Natural Resources and
Environment.
- If
no certificate of environment safety is available or such certificate is
expired or has no remaining quantity for import, the customs authority shall
not carry out the customs procedure for the customs declaration of waste import
provided by the custom declarant and shall ask for re-export of goods and take
actions under regulations of laws. The goods shall be re-exported at the
checkpoint of import.
- For
the case in which the goods quantity provided in the customs declaration
exceeds the import quota, the customs declarant is required to amend the
customs declaration as regulated and the customs authority shall carry out the
customs procedure for the goods quantity within the import quota. The goods
quantity that exceeds the import quota shall be re-exported by the customs
declarant and handled as per law provisions. The goods shall be re-exported at
the checkpoint of import.
- If
the deposit is not sufficient as specified in Decree No.38/2015/ND-CP,
additional deposit shall be made as regulated.
- The
customs clearance procedure shall not be carried out if the deposit is made
less than 15 working days.
3. Sampling
and physical inspection:
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b) Before presenting the
goods for inspection and sampling purpose, the customs declarant shall notify,
in writing or via the national single-window system, time and place for
inspection and sampling to the Sub-Department of Customs of the place where the
goods is stored, the appointed assessment agency, authority in charge if state
inspection of the imported waste quality (the Department of Resources and
Environment of the place where the production facility or factory using waste
is located).
c) Place of sampling and
inspection:
The physical inspection of
goods shall be conducted at the checkpoint of import Customs Sub-Department.
If the customs declaration
is registered at the Customs Sub-Department other than the Customs
Sub-Department of the checkpoint of import, such Custom Sub-Department shall
notify the Customs Sub-Department of the checkpoint of import in writing or by
fax of cooperation with the Customs Inspection Authority in charge in physical
inspection.
For the case in which the
checkpoint of import is equipped with a surveillance camera system, the
physical inspection of goods shall be conducted at the area under supervision
of the camera.
d) After receiving the
notification of goods presentation for physical inspection purpose from the
customs declarant, the Customs Sub-Department of the checkpoint of import where
the goods is stored shall send a written request for cooperation in physical
inspection to the Customs Inspection Authority in charge of such place directly
or by fax (according to Form No.01/PYCPHKT/2018 issued thereto).
The Customs Inspection
Authority in charge shall allocate staff and technical equipment for
cooperation in physical inspection after receiving such written request or fax.
dd) Form, level and method
of inspection
The inspection for verifying
the accuracy of information provided in the customs declaration and information
about goods imported in reality shall be conducted by the customs officers of
the Customs Sub-Department of the checkpoint of import and staff of the Customs
Inspection Authority.
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dd.2) In case results of
visual inspection and on-site physical inspection carried out by using analysis
equipment fails to determine whether the imported waste shipment is conformable
to provisions of the customs law and the Law on Environmental Protection, the
Customs Inspection Authority shall cooperate with the
Customs Sub-department of the checkpoint of import in collecting typical
samples for analysis and assessment purpose. The sampling shall
comply with regulations in Circular No.08/2018/TT-BTNMT and Circular
No.09/2018/TT-BTNMT.
Physical inspection and
sampling of goods (if any) by the Customs Sub-Department of the checkpoint of
import and Customs Inspection Authority shall be carried out in
conjunction with the inspection and sampling (if any) by the assessment body as
specified in Circular No.08/2018/TT-BTNMT and Circular
No.09/2018/TT-BTNMT.
dd.3) During the physical
inspection and typical sampling of goods, the customs officer 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 Customs Sub-department of the
checkpoint of import for the purpose of inspection, handing complaints or
filing of a lawsuit.
dd.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 (which is amended in Circular
No.39/2018/TT-BTC). The inspectors of Customs Sub-Department of the checkpoint
of import 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.
For goods claimed as waste
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.
dd.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 together with Official Dispatch No.4202/TCHQ-PC
dated July 17, 2018 of the General Department of Vietnam Customs
which is endorsed by the customs declarant, customs officers of the Customs
Sub-Department of the checkpoint of import and staff of the Customs Inspection
Authority and representative of the appointed assessment 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.08/2018/TT-BTNMT and Circular
No.09/2018/TT-BTNMT) and serial number of the container or vehicle carrying
waste goods.
dd.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 Custom Sub-department of
the checkpoint of import. Sample storage time shall be subject to the Circular
No.14/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance.
dd.7) In
case results of visual inspection are claimed to be conformable to the National
technical regulations on environmental protection by the inspection authority
(Department of Natural Resources and Environment of the place where the production
facility or factory using waste for production purpose is located); however,
the customs authority doubts that such results fail to provide sufficient
grounds for concluding that the goods imported are eligible for customs
clearance, such customs authority shall carry out typical sampling under the
guidance provided in point dd.5 and dd.6 mentioned above.
e) The visual inspection of
goods and on-site inspection by using testing equipment shall be done 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 be done within 2
working days.
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The Customs Inspection
Authority shall send a consolidated report to the General Department of Vietnam
Customs on goods requiring extra time for analysis.
h) Handling inspection
results provided by customs authorities (entry checkpoint Customs
Sub-Department and Customs Inspection Authority):
h.1) In case the inspection
result shows that the imported waste conforms to provisions of the customs law
and the law on environmental protection, the customs authority shall carry out
the customs procedure as regulated;
h.2) In case the inspection
result shows that the imported waste shipment fails to conform to provisions of
the customs law and the law on environmental protection, the customs authority
shall take actions as regulated.
4. Waste
shipments imported pending results of state inspection of imported waste
quality provided by the Department of Natural Resources
and Environment and inspection results provided by the Customs Inspection
Authority shall be kept at the checkpoint of import and must not be returned to
the warehouse for maintenance purpose.
5. As for waste shipments
arriving at the entry checkpoint, the customs authority shall take actions
under the guidance of the Ministry of Finance provided in Official Dispatch
No.12957/BTC-TCHQ dated October 22, 2018 which is sent to the Prime Minister:"Waste
shipments that are not received within 90 days from the day on which they
arrive at the entry checkpoint shall be handled like backlogged goods or the
customs authority shall carry out customs procedures as prescribed in
legislative documents that come into force before October 29, 2018 if their
receiver shows up. Waste shipments that are received within 90 days from the
day on which they arrive at the entry checkpoint shall be handled under
technical standards and regulations specified in Circular No.08/2018/TT-BTNMT
and Circular No.09/2018/TT-BTNMT dated September 14, 2018 of the Ministry of
Natural Resources and Environment and the customs authority shall carry out the
customs clearance procedure as regulated.”
6. With
regard to implementation of Official Dispatch No.5943/BTNMT-TCMT dated October
26, 2018 of the Ministry of Natural Resources and Environment:
a) Pursuant to the guidance
provided in Clause 2 Appendix 1 issued together with Official Dispatch
No.5943/BTNMT-TCMT, as for shipments declared to be imported before October 29,
2018 by the General Department of Environment, the importer may use the written
announcement provided by the General Department of Environment as the basis for
carrying out the customs clearance procedure that the checkpoint. However,
Circular No.08/2018/TT-BTNMT and Circular No.09/2018/TT-BTNMT (that comes into
force from October 29, 2018) have annulled Article 10 of Circular No.41/2015/TT-BTNMT.
As for that reason, the customs clearance dossier shall not include the
announcement of waste import.
b) Pursuant to Point 3.2
Appendix 1 issued together with Official Dispatch No.5943/BTNMT-TCMT regarding
guidelines for implementation of Circular No.08/2018/TT-BTNMT and Circular
No.09/2018/TT-BTNMT, the Department of Natural Resources
and Environment shall take charge and cooperate with the customs authority and
the appointed assessment body in inspection and sampling in order to assess the
quality of waste shipments imported. For the purpose of ensuring consistency in
implementation and preventing problems posed for the importers, the General
Department of Vietnam Customs has sent the Ministry of Natural Resources and
Environment a proposal of combined inspection and sampling assigned to the
Department of Natural Resources and Environment of the
checkpoint of import or the Department of Natural Resources
and Environment in place where the production facility or factory is located
and according to the result of conformity assessment provided by the appointed
assessment body and the application for inspection of goods quality submitted
by the enterprise, such Department shall issue the notice of results of
inspection of imported goods quality under regulations in Clause 2c Article 3
of Decree No.132/2008/ND-CP dated December 31, 2008 of the Government providing
for elaboration of a number articles of the Law on Quality of Goods and
Products (which is amended by Clause 3 Article 1 of Decree No.74/2018/ND-CP
dated May 15, 2018). Further instructions shall be provided after opinions from
the Ministry of Natural Resources and Environment are received.
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8. Managing
risks incurred during sampling and physical inspection of goods:
The customs authority shall
manage risks incurred in sampling of goods for the purpose of reducing the
clearance time to enable enterprises to comply with law provisions on customs.
9. Preventing
smuggling and fraud in waste import:
Anti-smuggling forces of
various levels shall prepare plans for regular patrol and control, and closely
cooperate with other competent authorities, fight against and promptly detect
as well as take actions against illegal import of waste to Vietnam. The
Anti-Smuggling and Investigation Department shall cooperate with and assist
Customs Authorities of bordering provinces in preparing plans for preventing
and fighting against smuggling and illegal transport of waste through the
border.
Customs authorities of
provinces and cities and professional consultancy affiliated to the General
Department of Vietnam Customs shall prepare and implement plans for fighting
against intentional misdeclaration of names of goods with the aim of
transporting waste that fails to conform to regulations to Vietnam. If any
violation is found, such customs authorities shall transfer the case files to an
investigation agency for prosecution as per law provisions.
Customs authorities of
provinces and cities shall, on their own initiative, establish regulations and
cooperate with provincial and city competent authorities in order to prevent
and take action against violations of waste import.
The guidance provided in
Section II hereof will replace Point 1 Section III of Official Dispatch
No.4202/TCHQ-PC dated July 17, 2018 of the General Department of Vietnam
Customs.
III.
Waste management software
For the purpose of enabling
importing enterprises to determine the remaining waste quantity permitted for
import to gain initiative in business and giving grounds for customs
authorities to perform management and deduction of import quantity, the
General Department of Vietnam Customs has establish a waste management software
and provide instructions as follows:
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a) The waste management
software shall be uploaded to the website of customs authorities at the
address: http://ptsw.customs.gov.vn/vnaccs/QLHNPL/eScrap.rar
b) Customs Sub-Departments
shall download the waste management software and install it in computers
connected to their local area network. Each Customs Sub-Department may be
granted 3 accounts for use by 3 following groups of divisions: Division in
charge of entry procedures for vehicles; monitoring division and customs
dossier inspection division.
c) After receiving password
of each account, the sub-department shall transfer the account to one customs
officer who take charge of monitoring imported waste (the transfer minutes is
provided) for access to and use of waste management software. Information on
the account granted shall be provided in the following format:
+ XXXX_DK: used by the
customs dossier inspection division.
+ XXXX_GS: used by the monitoring
division.
+ XXXX_TT: used by the
division in charge of entry procedures for vehicles.
Where, XXXX refers to the
code of the Customs Sub-Department (e.g. 51C1, 03EE, 23CI, etc.). The Customs
Sub-Department may use only one or all of three accounts mentioned above
depending on the reality.
d) Customs Sub-Departments
shall conduct a study on the waste management software and use such software
under the detailed instructions for use provided in the Appendix issued
thereto. Should any question or technical error arise during implementation,
entities shall directly inform the General Department of Vietnam Customs at the
email address [email protected] or the email address of technician provided
in the instructions for use of waste management software for timely handling.
2. Instructions
on downloading, installation and use of waste management software for waste
importers and port operators:
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- The
entry checkpoint Customs Sub-Department shall notify port operators in the area
under management of use of waste management software.
- The
account used for access to such software shall be granted to all port operators
throughout the country by the General Department of Vietnam Customs in the
following format:
+ XXXXX, where XXXXX is the
port code in use provided on the VNACCS system (e.g.VNTCI VNTTC, etc.)
+ The password of such
account shall comply with the guidance provided in Clause 3 hereinafter.
b) For importers of waste:
- The
General Department of Vietnam Customs shall grant accounts for access to the
waste management software to importers on the list of enterprises published by
the Ministry of Natural Resources and Environment on its website or the
national single-window system.
- The user
account is the tax code of the enterprise. The importer may get access to the
waste management software to check the remaining waste quantity for import
under permission. Such waste management software may be used for sending the
Customs Sub-Department the request for permission to discharge waste carried by
ships that is about to arrive at the port.
3. Password:
- The
General Department of Vietnam Customs shall send passwords of user accounts in
format mentioned in Clause 2 above to Customs Departments of provinces and
cities by confidential documents.
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- Users
will be asked to change their password for security assurance at the first
login.
- In
case the users forget their password or fails to identify their account, the
customs authority, port operator and waste importer shall contact the General
Department of Vietnam Customs (Customs Management and Supervision Department)
to have their password reset.
4. Monitoring
waste quantity discharged at the port or imported
- The
customs authority shall monitor the waste quantity discharged at the port, remaining
quantity to be discharged, quantity imported and remaining quantity to be
imported while the importer may use the waste management software to monitor their
remaining waste quantity to be discharged at the port or imported.
- If
the quantity recorded is inconsistent with the quantity discharged or imported
in reality, the customs officer shall send a report to the Director of the
Customs Sub-Department and make adjustment to such quantity by updating an
adjustment note on the waste management software after obtaining approval from
the Director of the Customs Sub-Department.
- The
custom officer may increase or decrease the remaining quantity of goods to be
discharged at the port or to be imported on the adjustment note.
- The
adjustment note may be changed when it is updated if it is still opened. For
the case in which the adjustment note has been closed by the time discovering
the mistake therein, the custom officer must create a new one to adjust the
wrong information.
- The
adjustment note must specify the reason for adjustment.
5. Updating
data on waste imported and discharged at the port
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This data may be
insufficient at the first update on information about the waste shipment
discharged at the port by the enterprise at the Customs Sub-Department to the
waste management software. As for that reason, Customs Departments of provinces
and cities are required to review waste shipments discharged at the port in the
area under management that do not undergo import procedures or undergo import
procedures from after 17:00 on October 24, 2018 to the date of first update on
information about waste shipments discharged at the port by enterprises at the
Customs Sub-Departments to the waste management software and update the data on
the aforesaid waste shipments to the waste management software to deduct the
remaining quantity of waste permitted for discharge or import by enterprises.
For example: The certificate
of environment safety No.01/GXN-BTNMT dated January 01, 2018 granted to Company
A specifies that it has 10,000 tonnes of paper; 5,000 of them have been
imported by 5 pm on October 24, 2018 and 1,000 tonnes of papers imported have
been discharged at the yard but not undergo import procedures and after 5 pm on
the same day, import procedures have been carried out for 500 tonnes of paper
discharged.
As mentioned above, before
the first update on the waste shipment discharged at the port by the enterprise
at the Custom Sub-Department to the waste management software, the remaining
quantity of paper to be discharged and imported by Company A shown on the software
is (10,000 – 5,000) = 5,000 tonnes.
The customs officer in
charge of monitoring the remaining quantity of waste to be discharged at the port
shall update the information on 1,000 tonnes of paper discharged at the port
that do not undergo import procedures to deduct: 5,000 - 1,000 tonnes = 4,000
tonnes. (Note: information shall be updated at
the indicator of discharge adjustment.)
The customs officer in
charge of monitoring the remaining quantity of waste permitted for import shall
update information on 500 tonnes of papers undergoing import procedures to
deduct: 5,000 – 500 tonnes = 4,500 tonnes of paper. (Note: information shall be
updated at the indicator of import adjustment.)
The Customs Sub-Department
at which the customs declaration is registered shall take responsibility to
update the quantity of waste imported and the Customs Sub-Department managing
the waste discharged shall update the quantity of the waste discharged at the
port to the waste management software.
Customs Departments of
provinces and cities are requested to notify this Official Dispatch to port
operators in provinces and cities and waste importers, and publish such official
dispatch at places where customs procedures are carried out. Should any
question above authority arise, entities concerned shall send a consolidated to
the General Department of Vietnam Customs (Customs Management and Supervision
Department) for further instructions./.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Form No.01/PYCPHKT/2018
GENERAL
DEPARTMENT OF VIETNAM CUSTOMS
[NAME OF REQUESTING CUSTOMS AUTHORITY]
--------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
No………/………
(Location
and date)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(Issued
together with Official Dispatch No.6644/TCHQ-GSQL dated November 13, 2018 of
the General Department of Vietnam Customs)
To:
………………………..
1. Name
of goods declared: ..................................................................................................
2. HS
code declared: ...................................................................................................
3. Customs
declaration no………. dated …………..........................................................
4. Importer/Exporter: ...................................................................................................
5. Enclosure:
...............................................................................................................
(a) Customs declaration
(copy)
:
Yes * No *
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:
Yes * No *
(c
) Relevant technical documents (copies)
:
Yes * No *
(d)
Inspection certificate (copy, if any)
:
Yes * No *
(e)
C/O (if any)
:
Yes * No *
(f)
Results of physical inspection of goods (copy)
:
Yes * No *
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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
*
(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)
*
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
CUSTOMS
OFFICER
(Sign and full name)
DIRECTOR
(Sign, full name and seal)
Note:
APPENDIX
INSTRUCTIONS FOR USE OF WASTE MANAGEMENT SOFTWARE
(Issued together with Official Dispatch No.6644/TCHQ-GSQL dated November 13,
2018 of the General Department of Vietnam Customs)
A. Entities eligible to use
the software
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2. Operators
of ports where ships carrying waste (including both goods carried by containers
and bulk cargo) arrive.
3. Shipping
lines and representatives of shipping lines for waste transport
4. Importers
of waste granted certificate of conformity to environmental protection
regulations in waste import by the Ministry of Natural Resources and
Environment/Department of Natural Resources and Environment.
B. Software downloading and
installation
1. 1.
Software downloading
- The
software is uploaded to the Customs website at the address http://ptsw.customs.gov.vn/vnaccs/QLHNPL/eScrap.rar
- The
software may be downloaded once and used by 3 following groups: importers,
customs authorities and port operators.
- The new
version will be automatically and downloaded and updated.
2. Software
installation
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- For
the purpose of facilitating use of the software, the software downloaded shall
be stored in disk D:\HAIQUAN\ on the computer.
- In
case the software is upgraded with additional functions such as viewing
reports, new applications for laboratory downloading for viewing reports will
be available on the software.
3. Data
connection configuration
- In
order to use the software, at first, the user must set up the data collection
as follows:
+ As for customs
authorities, the connection address is: http://10.224.128.166/service.asmx
+ As for importers and port
operators: the address is http://103.248.160.42/eScrapService/service.asmx
-
In case of first opening of the software or failure to
connect to the server, a table for connection will appear on the software for
the user to enter the connection address. The user just needs to click the
"Customs" or "Enterprise" item to have the aforementioned
address automatically completed or manually type such address as shown in
Picture 1.
Picture
1: Setting up address to connect to the data server
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
I. Common functions
1.
Login
- Purpose
of design:
Protect data through use
authority given to each type of user
- Interface:
- Implementation
steps:
Step 1: Enter the user
account
Step 2: Click the button “Đồng
Ý” (“Agree”) to log in to the software
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Purpose
of design:
Allow users to change their
password to secure their accounts, especially change default password. The user
is requested to change the default password at the first login.
- Interface:
- Implementation
steps:
Step 1: Go to function 1.2
Step 2: Enter the old
password then new password twice
Step 3: Click the button “Đồng
Ý” (”Agree”) to finish the change
3. Viewing
statistical data
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Allow users to view all
information on waste quantity discharged, imported and the remaining quantity
to be discharged or imported shown on each certificate of environment safety of
each importer.
This function is used to
determine the remaining quantity of waste permitted for imported and the
quantity imported and discharged previously.
- Interface:
- Implementation
steps:
Step 1: Go to function 6.1
Step 2: Right click each certificate
of environment safety for details
II. For
enterprises importing waste (importers)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Purpose
of design:
The importer shall provide
deposit information for the customs authority and port operator before discharge
of waste.
The importer shall provide
information about the deposit amount for the purpose of deduction of import
quantity.
- Interface:
- Implementation
steps:
Step 1: Go to function 3.1
Step 2: Enter relevant
information, including
(1)
the customs authority to which the information is sent
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(3)
issuance date
(4)
deposit amount
(5)
view the attached file
(6)
select the attached file
(7)
delete the attached file
(8)
information rejected by the customs authority
(9) add
a new declaration
(10)
find the previous declaration
(11)
fill in the declaration
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(13)
send the declaration to the customs authority
2. Registering
the list of waste expected to be discharged
- Purpose
of design:
Send the list of waste
container to the customs authority to notify the plan for discharge of waste
imported before the ship arrives at the port.
- Interface:
- Implementation
steps:
Step 1: Go to function 3.2
Step 2: Enter information
required, to be specific:
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(2)
license no.
(3)
name of the incoming ship
(4)
proposed arrival date
(5)
ship’s nationality (for ship identification)
(6)
total number of container (automatically count the list of container in item
(13))
(7)
total net weight (sum of weights specified in item (13)). Calculation unit: KG Such
weight will be divided by 1000 to be converted to tonne when the software
verifies the stock.
(8)
total value of the shipment
(9)
deposit ratio (determined through item (2) and (7))
(10)
deposit amount (total value multiplied by the deposit ratio)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(12)
enter the list of container (information retrieved from the Excel file)....
(13)
the list of containers and types thereof In
case of bulk cargo, the user may select the box "Type of container/bulk
cargo". If the cargo is carried by containers, the software will
automatically determine the weight of container's shell based upon container
types under international standards. The user is only required to enter total
weight of the container (including the shell's weight) in the item
"Weight"
(14)
add a new declaration
(15)
find the declaration recorded in the list. Only the declaration made by the
user is shown.
(16)
save the declaration
(17)
delete the declaration
(18)
send the declaration to the customs authority
Such declaration shall be transferred to the port specified in item (1) after
being approved by the customs authority.
III. For
Customs Sub-Departments
1. Setting
up the port list
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Each Customs Sub-Department
has to manage certain ports. The port list configuration
will help to reduce the time finding ports for information sending purpose.
Before using functions
intended for customs officers, such customs officers must set up this port
list.
- Interface:
- Implementation
steps:
Step 1: Go to function 2.6
Step 2: Select ports under
management
2. Approving
deposit declaration provided by importers
- Purpose
of design:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Approve and include deposit
amounts in total credit balance of deposit of the importer
- Interface:
- Implementation
steps:
Step 1: Go to function 4.1
Step 2: Select the
declaration to be checked by double click such declaration or click the button
"Chọn Bản Khai” (“Select declaration").
Step 3: Check information
and take actions as follows:
(1)
view attached files (if any)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(3)
grant approval
(4)
refuse to approve the declaration
(5)
status of the declaration
The declaration approved cannot be adjusted. The deposit shall be included in
the credit balance of deposit of the importer.
3. Approving
registration of discharge of waste
- Purpose
of design:
Verify the goods discharge
request of the importer to see whether the waste imported is eligible to be
discharged.
Transfer the registration of
goods discharge to the port operator for supervision and discharge purpose.
- Interface:
- Implementation steps:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Step 2: Select the
registration declaration from the list by double- click such declaration or
click the button “Chọn Bản Khai” (“Select declaration”).
Step 3: Check and approve
declaration of goods discharge registration like deposit declaration mentioned
above
The weight shall be accumulated depending on the container
list and calculated by KG. Such weight will be divided by 1000 to be converted
to tonne when the software verifies the stock.
Step 4: Cancel the container
in the list if requested by the importer due to misdeclaration. To
cancel the container, the custom officer shall open the declaration, click the
square box placed before each line of container and right click the mouse to
open the cancellation function.
If the declaration is
received by the port operator, such cancellation shall be made by the port
operator as only such port operator can verify whether the waste carried by the
container to be cancelled on request is discharged at the port or not. The
cancellation cannot be made if the waste is claimed to have been discharged at
the port by the port operator. Containers cancelled due to misdeclaration shall
be re-declared.
4. Updating
declaration of waste import
- Purpose
of design:
The customs officer shall
update information on the declaration of waste import to the software to verify
whether the declaration of waste import with import quantity recorded on the
VNACCS system exceeds the import quota.
The customs authority shall
provide update to deduct the import quantity under each import license (certificate
of environment safety) for each type of waste.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Implementation
steps:
Step 1: Open function 4.3
Step 2: Update information
and take actions as follows:
(1) select
the enterprise code -> name of enterprise will automatically appear in item
(2)
(2)
select name of the enterprise -> the enterprise code will automatically
appear in item (1)
(3)
select the license number (according to the enterprise selected in item (1) and
(2))
(4)
type of waste (automatically shown on the item when the license is selected)
(5)
enter the number of the registration declaration on the VNACCS, select the
first number
If such declaration is adjusted that leads to the change in the last digit of
the declaration number, the first number will be still selected.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(7)
Select the code of declaration type
(8)
Enter total number of containers registered or enter 1 in case of bulk cargo
(9)
Enter total weight registered
The remaining quantity permitted for import is provided in red next to this
item.
(10)
Add a new declaration
(11)
Find the declaration recorded previously in the list
(12)
Fill in the declaration
(13)
Delete the declaration
The user may delete any declaration updated previously. Such deletion may cause
effects on the remaining quantity permitted for import of the enterprise.
5. Updating
the list of waste permitted for discharge
- Purpose
of design:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
This function is performed
in case the importer fails to declare registration of waste expected to be
discharged or fails to perform the declaration duty of an importer.
This function is replaced
the process of making and sending the list to the customs authority for
approval.
- Implementation
steps:
Step 1: Open function 4.4
Step 2: Enter information
and take actions as follows:
(1)
enter the enterprise code determined on the E-Manifest system
(2)
enter name of enterprise
(3)
enter the expected arrival port for discharge purpose
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(5)
enter the ship’s name for identification purpose
(6)
enter the proposed arrival date
(7)
enter the ship’s nationality for distinguishing purpose
(8)
total container automatically calculated according to the list of containers in
item (11)
(9)
total waste weight automatically calculated according to the list of containers
in item (11)
(10)
enter the list of containers (information retrieved from the Excel file)
excel file may be downloaded from the item (10) in this function.
(11)
the list of containers
Containers with wrong information will be shown in red. The
user just needs to enter the weight of container. The weight of container’s
shell and net weight of waste shall be automatically calculated by the software
according to the type of container selected.
(12)
Add a new declaration
(13)
Find the declaration entered previously
...
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The
declaration that is successfully made will be automatically transferred to the
port operator specified in item (3).
(15)
Delete the declaration
Only the declaration that is not received by the port operator can be deleted.
In case of receipt of wrong container, the port operator shall cancel the wrong
container that will be re-declared afterward. The function of container
cancellation may be applied in case of misdeclaration by the enterprise and
request for cancellation. If the declaration is received by the port operator,
such cancellation shall be made by the port operator as only the port operator
can verify whether the waste carried by the container to be cancelled on
request is discharged at the port or not.
6. Updating
quantity adjustment note
- Purpose
of design:
Allow customs authorities to
make positive or negative adjustments to the remaining quantity permitted for
discharge or import.
The adjustment made cannot
be changed but adjusted by another adjustment.
Select increase (+) or
decrease (-) to change the quantity.
- Interface:
...
...
...
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Step 1: Open function 4.5
Step 2: Enter the following
information:
(1) code of the enterprise
(2)
name of the enterprise
(3)
the number of the certificate of the enterprise shown in item (1) and (2))
(4)
type of waste (automatically shown on the item when the license is selected)
(5)
adjusted quantity and adjustment date
(6)
adjusted weight of waste discharged
(7)
adjusted weight of waste imported Positive
adjustment (+) is made to increase the remaining quantity permitted for import. In contrast,
negative adjustment (-) is made to reduce the remaining quantity permitted for
import. Calculation unit is TONNE.
...
...
...
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(9)
Provide additional adjustment note
(10)
Find the adjustment note updated previously Only
the adjustment updated by the user is shown on the screen. Adjustments
updated by other users shall not appear on the screen. The detailed list of
adjustment can be found in the section of information aggregation in function
6.1.
(11)
Provide the result. The user may make correction if any mistake is found by the
time making the adjustment. Correction is not allowed if
the window tab is closed. Change can be made only by another additional
adjustment.
IV. For
port operators
1. Receiving
registration form for discharge of waste
- Purpose
of design:
As a basis for the
enterprise and customs authority to know whether the port operator receives the
declaration.
In order to decide whether
the responsibility for cancelling containers is assigned to the customs authority
or the port operator depending on the status of the declaration.
- Interface:
...
...
...
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- Implementation
steps:
Step 1: Open function 5.1
Step 2: Click the button “Tiếp
Nhận” (“Receive”) to receive the declaration
Step 3: Select one line on
the list of containers, press the F12 key to covert the list to the Excel file
for the purpose of serving the management of containers of waste discharged at
the port.
Step 4. If any discrepancy
between the quantity discharged declared and the one discharged in reality,
cancel containers declared by select the square box at the beginning of each
line and right click the mouse then select "Hủy container đang chọn”
(cancel the container selected”). Enter the reason for cancellation and click
the button "Đồng Ý” (“Agree”) to cancel the container
2. Confirming
discharge of waste
- Purpose
of design:
...
...
...
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Confirm that no adjustment
to the declaration is allowed as the container is already discharged in
reality.
- Interface:
- Implementation
steps:
Step 1: Open function 5.2
Step 2: Verify the list of
container discharged
Step 3: Select containers
not discharged in reality for cancellation purpose. The weight of waste carried
by the container cancelled shall be automatically deducted. The importer shall
make a new declaration providing accurate information about the number of
containers if founding that the containers fails to be discharged due to
misdeclaration. The procedure continues to be carried as mentioned above.
Step 4: Cancel containers
selected.
Step 5: Confirm the discharge
on the registration form.