Decision No. 3272/QD-TCHQ dated November 24, 2020 on regulations on inspecting import, export commodities with container scanners

• Official number: 3272/QD-TCHQ
• Legislation Type: Decision
• Organization: The General Department of Customs
• Signer: Mai Xuan Thanh
• Issued Date: 24/11/2020

MINISTRY OF FINANCE GENERAL DEPARTMENT OF CUSTOMS -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 3272/QD-TCHQ	Hanoi, November 24, 2020

DECISIONS

REGULATIONS ON INSPECTING IMPORT, EXPORT COMMODITIES WITH CONTAINER SCANNERS

GENERAL DIRECTOR OF GENERAL DEPARTMENT OF CUSTOMS

Pursuant to Law on Customs dated June 23, 2014;

Pursuant to Law on Export and Import Duties dated April 6, 2016;

Pursuant to Law on Tax Administration dated June 13, 2019;

Pursuant to Decree No. 08/2015/ND-CP dated January 21, 2015 of Government on elaborating to Law on Customs and Customs Procedures, Customs Examination, Supervision and Control;

Pursuant to Decree No. 59/2018/ND-CP dated April 20, 2010 on amendments to Decree No. 08/2015/ND-CP dated January 21, 2015 of Government on elaborating to Law on Customs and Customs Procedures, Customs Examination, Supervision and Control;

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Pursuant to Circular No. 38/2015/TT-BTC dated March 25, 2015 of Ministry of Finance on customs procedures; customs examination and supervision; import, export tariffs and tax administration for import and export goods;

Pursuant to Circular No. 39/2018/TT-BTC dated April 20, 2018 of Minister of Finance on amendments to Circular No. 38/2015/TT-BTC dated March 25, 2015 of Ministry of Finance on customs procedures; customs examination and supervision; import, export tariffs and tax administration for import and export goods;

Pursuant to Circular No. 81/2019/TT-BTC dated November 15, 2019 of Ministry of Finance on risk management in customs affairs;

At request of Director General of Customs Supervision and Management Department.

HEREBY DECIDES:

Article 1. Regulations on inspecting import, export commodities with container scanners are attached to this Decision.

Article 2. This Decision comes into effect from December 1, 2020 and replaces Decision NO. 1471/QD-TCHQ dated June 1, 2020 of General Director of General Department of Customs on procedures for selecting and inspecting commodities with container scanners.

Article 3. Directors of Customs Departments of provinces and cities and heads of entities affiliated to General Department of Customs are responsible for implementation of this Decision./.

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PP. GENERAL DIRECTOR
DEPUTY GENERAL DIRECTOR




Mai Xuan Thanh

REGULATIONS

INSPECTING IMPORT, EXPORT COMMODITIES WITH CONTAINER SCANNERS
(Attached to Decision No. 3272/QD-TCHQ dated November 24,, 2020 of General Director of General Department of Customs)

Part I

GENERAL PROVISIONS

1. These Regulations provide guidelines for inspecting import, export, transit and transshipped commodities with container scanners (hereinafter referred to as import and export commodities) according to Articles 33, 34, 38, 39, 40, and 41 Law on Customs No. 54/2014/QH13 dated June 30, 2014; Articles 13, 14, 15, 28, 29, and 34 of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government on elaborating to Law on Customs regarding customs procedures, customs inspection, supervision and control; Articles 8, 9, 10, 29, and 52 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of Ministry of Finance on customs procedures; customs examination and supervision; import, export tariffs and tax administration for import and export goods and amendments thereto under Circular No. 39/2018/TT-BTC dated April 20, 2018.

2. Container scanners include: Fixed container scanners, portal container scanners and mobile container scanners (hereinafter collectively referred to as “scanners”).

3. Locations for inspection of import, export commodities using scanners are areas identified in warehouses, storage and ports within competence of customs authorities according to Decree No. 01/2015/ND-CP dated January 2, 2015 on elaborating to customs areas; responsibilities for cooperation in anti-smuggling and illegal cross-border transport of commodities and amendments thereto under Decree No. 12/2018/ND-CP dated January 23, 2018 of the Government, including: locations for customs procedures in import, export ports domestically established; locations for consolidation, inspection and supervision of concentrated commodities (hereinafter referred to as “locations for inspecting concentrated commodities”) and areas within ports, border checkpoints; ensuring radiation safety, flexibility, conformity with scanning purposes and convenience for enterprises (hereinafter referred to as “scanning areas within ports and border checkpoints”).  

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5. Number of containers selected for scanning must match scanning capability of each scanner. Scanning capability of scanners refers to maximum number containers that can be scanned after combining factors such as: scanning capacity of scanners; volume of import, export commodities; scanner conditions; handling capability, facilities and human resources of ports; other factors that may alter practical scanning norm (if any);   Scanning capability of scanners shall be calculated, reviewed, revised and reported on a quarterly basis to ensure flexibility and conformity with practical conditions.

6. Minimum scanning norm refers to the minimum amount containers that a scanner must scan in a day; this norm shall be regulated by General Department of Customs from time to time based on scanning capability of each scanner.

7. Time for commodity inspection using scanners:

a) For import commodities: After unloaded from import transport to warehouses, storage and ports to customs clearance and before crossing customs controlled areas;

b) For export commodities: From customs procedures to consolidation in export checkpoints while waiting to be loaded on exit vehicles;

c) At request of General Department of Customs; Customs Departments of provinces and cities.

8. Entities affiliated to General Department of Customs shall select and update lists of containers to be scanned on customs electronic data processing system (hereinafter referred to as “system”). Number of containers to be scanned based on minimum scanning norm of each scanner shall be distributed as follows:

c) Risk Management Agency shall choose at least 55%;

c) Department of Customs Supervision and Management shall choose at least 5%;

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d) Entities affiliated to General Department of Customs (apart from entities under Points a, b, and c this Clause) shall choose upon information of risks.

9. Director of Risk Management Agency shall rely on information on risks and information on shipments and containers requested for scanning by entities above to establish criteria for classifying inspection of shipments without declarations using scanners or regulate scanning of shipments with declarations.

In case Customs Departments of provinces and cities equipped with scanners choose more than 40% of containers according to the minimum scanning norm, Risk Management Agency shall rely on criteria and level of risks to choose high-risk shipments to guarantee number of containers for scanning.  

10. List of containers for scanning shall be publicized on website of General Department of Customs except for cases of secrets as per the law.

11. Entities managing, operating scanners and analyzing images are: Customs control teams affiliated to Customs Departments of provinces and cities equipped with scanners.  

12. Entities supervising scanning operations shall be stand-by unit at General Department and stand-by units at Customs Departments of provinces and cities equipped with scanners.

13. Officials managing, operating scanners and analyzing images must receive training and guidelines on operating scanners, analyzing images and participate in other relevant training courses (if any) according to Article 15 of Decision No. 3104/QD-TCHQ dated October 16, 2018 of General Director of General Department of Customs.

14. Scanning images shall be stored according to Section 1.2, Annex V Decision No. 3104/QD-TCHQ dated October 16, 2018 of General Director of General Department of Customs.

15. Information criteria regarding shipments requested for scanning and scanning results updated and stored together with electronic customs documents on the system and at entities assigned to utilize, extract and process information within their functions and tasks include:

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b) For export commodities: conform to Annex II of these Regulations;

c) For transit and transshipped commodities: conform to Annex III of these Regulations.

16. In case the system encounters error or fails to satisfy, entities shall comply with Part III of these Regulations.

Part II

SPECIFIC PROVISIONS

I. INSPECTING IMPORT COMMODITIES WITH SCANNERS

1. In case of scanners situated in locations for inspecting concentrated commodities

a) In case of shipments without customs declarations:

a.1) Customs Sub-departments shall:

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Step 2: Request enterprises operating warehouses, storage and ports to:

- Present commodities and containers to be scanned to customs authorities;

- Transport commodities and containers to locations of inspection.

Step 3: Examine intactness of containers, intactness of seals of shipping lines (if any), and match container serial number with scanning list (in case of discrepancies, take actions as per the law);

Step 4: Produce records of transfer on the system and print 2 original copies, issue customs seals, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy and provide the carriers with the other copy as certificate for carrying commodities out of customs controlled areas in order to transport containers to locations of inspection.

a.2) Customs control teams shall:

Step 1: Extract information on shipments, containers to be scanned from the system, receive commodities and records of transfer presented by carriers, match container serial number with scanning list, examine intactness of containers, examine intactness of customs seals (In case of discrepancies, take actions as per the law), receivers shall sign and issue seals of officials in “Đại diện hải quan nơi đến” (Representatives of customs of point of arrival), verify commodity arrival on the system and keep records of transfer for liquidation;

Step 2: Scan according to procedures on operating and using scanners;

Step 3: Based on scanning images, compare with commodity information on the emanifest system and other information at the time of scanning to analyze and assess scanning images, in case of suspicions on scanning images, mark the suspicious spots on the images. After analyzing images, officials shall provide overall assessment of scanning images compared with declaration in customs documents and update conclusion regarding scanning image and result analysis, container serial number, bill of lading number (master bill and house bill, if any), specify full name and update on the system. In case scanning images contain no suspicions or conform to declaration, conclude: “Hình ảnh soi chiếu không có nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh phù hợp nội dung khai báo manifest là hạt nhựa” (Images matching manifest declarations as plastic pellets) or “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)). In case scanning images contain suspicions, conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location)).

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a.3.1) In case scanning images contain no suspicions:

Step 1: Customs control teams update case results;

Step 2: Customs control teams produce transfer record according to Point a.4 below.

a.3.2) In case scanning images contain suspicions:

Step 1: Customs control teams produce transfer record according to Point a.4 below;

Step 2: Risk Management Agency establishes criteria for physical inspection classification (red category) when shipments are registered under respective customs declarations.

Step 3: Customs Sub-departments perform physical inspection of shipments based on suspicions and continue procedures according to Decision No. 1966/QD-TCHQ dated July 10, 2015 of General Director of General Department of Customs;

Step 4: Customs Sub-departments update case results on the system.

a.4) Supervise commodities after scanning:

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Step 2: Customs Sub-departments shall receive commodities and records of transfer from carriers, examine intactness of containers, examine intactness of customs seals (in case of discrepancies, take actions as per the law), receivers sign and issue official seals in “Đại diện hải quan nơi đến” (Representatives of customs of point of arrival), verify commodity arrival on the system, keep records of transfer for liquidation and supervise shipments as per the law.

b) In case of shipments with customs declarations:

b.1) Customs Sub-departments shall:

Step 1: Extract information on commodities to be scanned from the system,

Step 2: Request customs declarants to:

- Present commodities and containers to be scanned to customs authorities;

- Transport commodities and containers to locations of inspection.

Step 3: Examine intactness of containers, intactness of seals and match container serial number with scanning list (in case of discrepancies, take actions as per the law);

Step 4: Produce records of transfer on the system and print 2 original copies, issue customs seals, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy and provide the carriers with the other copy as certificate for carrying commodities out of customs controlled areas in order to transport containers to locations of inspection.

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Step 1: Extract information on commodities to be scanned from the system. Step 1: Extract information on shipments, containers to be scanned from the system, receive commodities and records of transfer presented by carriers, match container serial number with scanning list, examine intactness of containers, examine intactness of customs seals (In case of discrepancies, take actions as per the law), receivers shall sign and issue seals of officials in “Đại diện hải quan nơi đến” (Representatives of customs of point of arrival), verify commodity arrival on the system and keep records of transfer for liquidation;

Step 2: Scan according to procedures on operating and using scanners;

Step 3: On the basis of scanning images, match information on commodities on customs documents to analyze and assess scanning images, in case scanning images contain suspicious details, mark the suspicious details on the scanning images, update conclusion of scanning image and result analysis, container number, declaration number, specify full name, and update on the system. In case scanning images contain no suspicions or conform to declaration, conclude: “Hình ảnh soi chiếu không có nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh phù hợp nội dung khai báo manifest là hạt nhựa” (Images matching manifest declarations as plastic pellets) or “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)). In case scanning images contain suspicions, conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location)).

b.3) Process scanning results:

Step 1: Customs Sub-departments continue procedures according to Decision No. 1966/QD-TCHQ dated July 10, 2015 of General Director of General Department of Customs;

Step 2: Customs Sub-departments shall update case results on the system.

b.4) Supervise commodities after scanning:

Customs control teams are responsible for supervising commodities in locations for inspection via scanners until the commodities are released/transported for preservation/granted customs clearance.

2. In case of scanners situated in ports and border checkpoints.

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a.1) Customs Sub-departments shall:

Step 1: Extract information on commodities to be scanned from the system;

Step 2: Request enterprises operating warehouses, storage and ports to transport commodities to locations of inspection.

a.2) Customs control teams shall:

Step 1: Extract information on commodities and containers to be scanned from the system. Receive commodities from enterprises operating warehouses, storage and ports, match container number with scanning list and examine intactness of containers;

Step 2: Scan according to procedures on operating and using scanners;

Step 3: On the basis of scanning images, match information on commodities on customs documents to analyze and assess scanning images, in case scanning images contain suspicious details, mark the suspicious details on the scanning images, update conclusion of scanning image and result analysis, container number, bill number (both master bill and house bill if any), specify full name, and update on the system. In case scanning images contain no suspicions or conform to declaration, conclude: “Hình ảnh soi chiếu không có nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh phù hợp nội dung khai báo manifest là hạt nhựa” (Images matching manifest declarations as plastic pellets) or “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)). In case scanning images contain suspicions, conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location)).

a.3) Process scanning images:

a.3.1) In case scanning images contain no suspicions:

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a.3.2) In case scanning images contain suspicions:

Step 1: Customs control team shall transfer commodities to enterprises operating warehouses, storage and ports to store as per the law; inform Customs Sub-departments where commodities are stored to supervise as per the law.

Step 2: Risk Management Agency establishes criteria for physical inspection classification (red category) when shipments are registered under respective customs declarations.

Step 3: Customs Sub-departments perform physical inspection of shipments based on suspicions and continue procedures according to Decision No. 1966/QD-TCHQ dated July 10, 2015 of General Director of General Department of Customs;

Step 4: Customs Sub-departments shall update case results on the system.

a.4) Supervise commodities after scanning:

Customs Sub-departments supervise the commodities until the commodities are eligible to get past customs control areas.

b) In case of shipments with customs declarations:

b.1) Customs Sub-departments shall:

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Step 2: Request customs declarants to present commodities to be scanned by scanners.

b.2) Customs control teams shall:

Step 1: Extract information on commodities and containers to be scanned from the system. Receive commodities for scanning, match container number with scanning list and examine intactness of containers;

Step 2: Scan according to procedures on operating and using scanners;

Step 3: On the basis of scanning images, match information on commodities on customs documents to analyze and assess scanning images, in case scanning images contain suspicious details, mark the suspicious details on the scanning images, update conclusion of scanning image and result analysis, container number, declaration number, specify full name, and update on the system. In case scanning images contain no suspicions or conform to declaration, conclude: “Hình ảnh soi chiếu không có nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh phù hợp nội dung khai báo manifest là hạt nhựa” (Images matching manifest declarations as plastic pellets) or “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)). In case scanning images contain suspicions, conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location)).

b.3) Process scanning results:

Step 1: Customs Sub-departments continue procedures according to Decision No. 1966/QD-TCHQ dated July 10, 2015 of General Director of General Department of Customs;

Step 2: Customs Sub-departments shall update case results on the system.

b.4) Supervise commodities after scanning:

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II. INSPECTING EXPORT COMMODITIES WITH SCANNERS

1. In case of scanners situated in locations for inspecting concentrated commodities.

a) Customs Sub-departments shall:

Step 1: Extract information on commodities to be scanned from the system;

Step 2: Request customs declarants to present containers;

Step 3: Match container number with scanning list, examine conditions of containers and customs seals, produce records of transfer on the system and print 2 original copies, issue customs seals, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy for liquidation and provide the carriers with the other as certificate for carrying commodities to locations of inspection and transferring to customs control teams.

b) Customs control teams shall:

Step 1: Extract list and information on commodities and containers to be scanned from the system; receive commodities under scanning list presented by the carriers. Receivers sign, issue seals of officials in “Đại diện Hải quan nơi đến” (Representatives of customs of point of arrival), notify Customs Sub-departments where declarations are made and keep records of transfer for liquidation;

Step 2: Scan according to procedures on operating and using scanners;

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c) Process scanning results:

c.1) In case scanning images contain no suspicions:

Step 1: Customs control team update case results onto the system;

Step 2: Customs control teams produce records of transfer on the system and print 2 original copies, issue customs seals, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request customs declarants to sign, specify full name, keep 1 copy and provide customs declarants with other copy to transport containers to export checkpoints.

Step 3: Customs Sub-departments of checkpoints extract information on shipments, containers to be scanned from the system, receive commodities and records of transfer presented by carriers, examine intactness of containers, examine intactness of customs seals (In case of discrepancies, take actions as per the law), receivers shall sign and issue seals of officials in “Đại diện hải quan nơi đến” (Representatives of customs of point of arrival), verify commodity arrival on the system and keep records of transfer for liquidation;

c.2) In case scanning images contain suspicions, Customs Sub-departments shall:

Step 1: Perform physical inspection and procedures according to Decision No. 1966/QD-TCHQ dated July 10, 2015 of General Director of General Department of Customs;

Step 2: Update case results on the system.

2. In case of scanners situated in ports and border checkpoints.

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Step 1: Extract information on commodities to be scanned from the system;

Step 2: Request customs declarants to present commodities and transport commodities to locations of inspection in order to be scanned by scanners.

b) Customs control teams shall:

Step 1: Extract information on commodities and containers to be scanned from the system. Receive commodities presented by customs declarants;

Step 2: Scan according to procedures on operating and using scanners;

Step 3: On the basis of scanning images, match information on commodities on customs documents to analyze and assess scanning images, in case scanning images contain suspicious details, mark the suspicious details on the scanning images, update conclusion of scanning image and result analysis, container number, declaration number, specify full name, and update on the system. In case scanning images contain no suspicions or conform to declaration, conclude: “Hình ảnh soi chiếu không có nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh phù hợp nội dung khai báo manifest là hạt nhựa” (Images matching manifest declarations as plastic pellets) or “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)). In case scanning images contain suspicions, conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location)).

c) Process scanning results:

c.1) In case scanning images contain no suspicions: Customs control teams update case results onto the system.

c.2) In case scanning images contain suspicions, Customs Sub-departments shall:

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Step 2: Update case results on the system.

Part III

IN CASE OF SYSTEM ERROR OF SYSTEM FAILURE TO MEET DEMANDS

I. INSPECTING IMPORT COMMODITIES WITH SCANNERS

1. In case of scanners situated in locations for inspecting concentrated commodities.

a) In case of shipments without customs declarations:

a.1) Entities specified under Clause 8 Part I of these Regulations shall produce list of import commodities to be scanned by scanners using form prescribed by Risk Management Agency and send to Risk Management Agency via fax, email or other methods, on the basis of information analysis, Risk Management Agency shall select and send the list to customs control teams, relevant Customs Sub-departments and other relevant entities (if any) at least 2 hours before transport vehicles arrive at border checkpoints;

a.2) Customs Sub-departments where commodities are stored shall:

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

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Step 3: Examine intactness of containers, intactness of seals of shipping lines (if any), and match container serial number with scanning list (in case of discrepancies, take actions as per the law);

Step 4: Produce records of transfer using form No. 2 under Annex IV attached to this Decision, print 2 original copies, issue customs seals, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy for liquidation and provide carriers with 1 copy as certificate for carrying commodities out of customs controlled areas in order to transport containers to locations of inspection.

Step 5: Monitor notification of shipment arrival at locations of inspection sent by customs control teams. In case of irregular transport time, cooperate with customs control teams in searching.

a.3) Customs control teams shall:

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: Receive commodities and records of transfer presented by carriers; Examine and match container number with scanning list, and examine intactness of containers and intactness of seals (in case of discrepancies, take actions as per the law);

Step 3: Receivers sign, issue seals of officials in “Đại diện Hải quan nơi điến” (Representatives of customs of point of arrival), notify Customs Sub-departments where declarations are made and keep records of transfer for liquidation;

Step 4: Scan according to procedures on operating and using scanners;

Based on scanning images, compare with commodity information on the emanifest system and other information at the time of scanning to analyze and assess scanning images. After analyzing images, officials provide overall assessment of scanning images and specify conclusion on records for scanning results using form No. 03/KQSCT/GSQL under Annex 1 attached to Decision No. 1966/QD-TCHQ. (In case scanning images contain no suspicions, conform to manifest information and other information, conclude: “Hình ảnh soi chiếu không phát hiện nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh phù hợp nội dung khai báo manifest là hạt nhựa” (Images matching manifest declarations as plastic pellets) or “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)); In case scanning images contain suspicions, mark the suspicions on the scanning images and conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location))).

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Step 6: Send 1 photocopy of records of transfer, 1 scanning image and 1 record of scanning result to relevant entities (Customs Sub-departments where commodities are stored, entities selecting commodities and containers for scanning) via fax, email or other methods;

Step 7. Keep all documents (records of transfer, scanning images, records of scanning results) on a case-by-case basis.

Monitor notification on shipment returning to port and liquidate. In case of irregularities, organize searching.

a.4) When commodities return, Customs Sub-departments where commodities are stored shall:

Step 1: Receive commodities and records of transfer presented by carriers;

Step 2: Examine intactness of containers and customs seals (in case of discrepancies, take actions as per the law); receivers sign and issue seals of officials in “Đại diện Hải quan nơi đến” (Representatives of customs of point of arrival);

Step 3: Notify customs control teams on commodity arrival, keep records of transfer for liquidation and monitor commodities as per the law.

a.5) Process scanning results:

a.5.1) In case scanning results contain no suspicions: Relevant entities shall adopt procedures under Decision No. 1966/QD-TCHQ.

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- In case inspection in absence of customs declaration specified under Point c Clause 2 Article 34 of Law on Customs is required, Customs Sub-departments where commodities are stored cooperate with customs control teams in implementation.

- If shipments are registered with customs declarations:

+ If shipments are registered with customs declarations in Customs Sub-departments that are not affiliated to Customs Departments of provinces and cities where scanning is performed and if shipments are transported to locations for inspection of Customs Sub-departments where customs declarations are made for physical inspection, Customs Sub-departments where commodities are stored shall seal the commodities and hand over to customs declarants to transport to Customs Sub-departments where customs declarations are made for physical inspection as per the law while send information on scanning images and scanning conclusions to Customs Sub-departments where customs declarations are made in fax or email for further customs procedures according to Decision No. 1966/QD-TCHQ.

+ If shipments are registered under customs declarations at Customs Sub-departments affiliated to Customs Departments of provinces and cities where scanning is performed, Customs Sub-departments where customs declarations are made shall cooperate with Customs Sub-departments where commodities are stored to adopt procedures for preventing commodities from going past customs control areas according to Article 14 of Procedures No. 1966/QD-TCHQ for physical inspection; Customs Sub-departments where customs declarations are made verify completion of inspection and adopt other procedures according to Decision No. 1966/QD-TCHQ.

b) In case of shipments with customs declarations:

b.1) Entities specified under Clause 8 Part I of these Regulations shall produce list of import commodities to be scanned by scanners using form prescribed by Risk Management Agency and send to Risk Management Agency via fax, email or other methods, on the basis of information analysis, Risk Management Agency shall select and send the list to customs control teams, relevant Customs Sub-departments and other relevant entities (if any) before commodities are transported past customs control areas;

b.2) Customs Sub-departments where customs declarations are made shall:

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: Request customs declarants to transport containers to locations of inspection.

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Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: When customs declarants present commodities, examine intactness of containers, intactness of seals of shipping lines (if any), and match container serial number with scanning list (in case of discrepancies, take actions as per the law);

Step 3: Produce records of transfer using form No. 2 under Annex IV attached to this Decision, print 2 original copies, issue customs seals, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy for liquidation and provide carriers with 1 copy as certificate for carrying commodities out of customs controlled areas in order to transport containers to locations of inspection.

Step 4: Monitor notification of shipment arrival at locations of inspection sent by customs control teams. In case of irregular transport time, cooperate with customs control teams in searching.

b.4) Customs control teams shall:

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: Receive commodities and records of transfer presented by carriers; Examine and match container number with scanning list, and examine intactness of containers and intactness of seals (in case of discrepancies, take actions as per the law);

Step 3: Receivers sign, issue seals of officials in “Đại diện Hải quan nơi điến” (Representatives of customs of point of arrival), notify Customs Sub-departments where declarations are made and keep records of transfer for liquidation;

Step 4: Scan according to procedures on operating and using scanners;

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Step 5: Send 1 photocopy of records of transfer, 1 scanning image and 1 record of scanning result to relevant entities (Customs Sub-departments where commodities are stored, entities selecting commodities and containers for scanning) via fax, email or other methods;

Step 6. Keep all documents (records of transfer, scanning images, records of scanning results) on a case-by-case basis.

Step 7: Monitor commodities at locations for inspection until commodities are eligible for getting past control areas.

b.5) Process scanning results:

b.5.1) In case scanning images contain no suspicions:

Customs Sub-departments where customs declarations are made verify completion of inspection or adopt other procedures according to Decision No. 1966/QD-TCHQ.

b.5.2) In case scanning images contain suspicions:

b.5.2.1) In case locations for inspecting concentrated commodities are under management of customs control teams, Customs Sub-departments where customs declarations are made shall:

- Rely on scanning results and information related to commodities to assess, decide methods and level of physical inspection according to Clause 2, Clause 3 and Clause 4 Article 29 of Decree No. 08/2015/ND-CP;

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b.5.2.2) In case locations for inspecting concentrated commodities are under management of Customs Sub-departments:

- Heads of Customs Sub-departments where customs declarations are made shall rely on scanning results and information related to commodities to assess, decide methods and level of physical inspection according to Clause 2, Clause 3 and Clause 4 Article 29 of Decree No. 08/2015/ND-CP;

- Customs Sub-departments managing locations for inspecting concentrated commodities shall perform physical inspection, produce records of physical inspection and send to Customs Sub-departments where customs declarations are made via fax, email or other methods;

- Customs Sub-departments that produce notice of receiving records of physical inspection shall rely on inspection results to adopt procedures for completing inspection or adopt other procedures according to Decision No. 1966/QD-TCHQ.

- In case shipments require sampling, Customs Sub-departments where customs declarations are made shall notify and request Customs Sub-departments managing locations for inspection to collect samples as per the law and send to the Customs Sub-departments where customs declarations are made.  

2. In case of scanners situated in warehouses, storage or ports of border checkpoints.

a) In case of shipments without customs declarations:

a.1) Entities specified under Clause 8 Part I of these Regulations shall produce list of import commodities to be scanned by scanners using form prescribed by Risk Management Agency and send to Risk Management Agency via fax, email or other methods, on the basis of information analysis, Risk Management Agency shall select and send the list to customs control teams, relevant Customs Sub-departments and other relevant entities (if any) at least 2 hours before vessels are expected to dock;

a.2) Customs Sub-departments where commodities are stored shall:

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Step 2: Send list of containers to be scanned to enterprises operating warehouses, storage and ports to transport containers to locations for scanning.

a.3) Customs control teams shall:

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: Receive commodities from enterprises operating warehouses, storage and ports;

Step 3: Examine intactness of containers, intactness of seals of shipping lines (if any), and match container serial number with scanning list (in case of discrepancies, take actions as per the law);

Step 4: Scan according to procedures on operating and using scanners;

Based on scanning images, compare with commodity information on the emanifest system and other information at the time of scanning to analyze and assess scanning images. After analyzing images, officials provide overall assessment of scanning images and specify conclusion on records for scanning results using form No. 03/KQSCT/GSQL under Annex 1 attached to Decision No. 1966/QD-TCHQ. (In case scanning images contain no suspicions, conform to manifest information and other information, conclude: “Hình ảnh soi chiếu không phát hiện nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh phù hợp nội dung khai báo manifest là hạt nhựa” (Images matching manifest declarations as plastic pellets) or “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)); In case scanning images contain suspicions, mark the suspicions on the scanning images and conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location))).

Step 5: Send 1 photocopy of records of transfer, 1 scanning image and 1 record of scanning result to relevant entities (Customs Sub-departments where customs declarations are made, entities selecting commodities and containers for scanning) via fax, email or other methods;

Step 6. Keep all documents (scanning images, records of scanning results) on a case-by-case basis.

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a.4.1) In case scanning results contain no suspicions: Relevant entities shall adopt procedures under Decision No. 1966/QD-TCHQ.

a.4.2) In case scanning images contain suspicions:

- In case inspection in absence of customs declaration specified under Point c Clause 2 Article 34 of Law on Customs is required, Customs Sub-departments where commodities are stored cooperate with customs control teams in implementation.

- If shipments are registered with customs declarations:

+ If shipments are registered with customs declarations in Customs Sub-departments that are not affiliated to Customs Departments of provinces and cities where scanning is performed and if shipments are transported to locations for inspection of Customs Sub-departments where customs declarations are made for physical inspection, Customs Sub-departments where commodities are stored shall seal the commodities and hand over to customs declarants to transport to Customs Sub-departments where customs declarations are made for physical inspection as per the law while send information on scanning images and scanning conclusions to Customs Sub-departments where customs declarations are made in fax or email for further customs procedures according to Decision No. 1966/QD-TCHQ.

+ If shipments are registered under customs declarations at Customs Sub-departments affiliated to Customs Departments of provinces and cities where scanning is performed, Customs Sub-departments where customs declarations are performed shall cooperate with Customs Sub-departments where commodities are stored to adopt procedures for preventing commodities from going past customs control areas according to Article 14 of Procedures No. 1966/QD-TCHQ for physical inspection; Customs Sub-departments where customs declarations are performed to verify completion of inspection and adoption of other procedures according to Decision No. 1966/QD-TCHQ.

b) In case of shipments with customs declarations:

b.1) Entities specified under Clause 8 Part I of these Regulations shall produce list of import commodities to be scanned by scanners using form prescribed by Risk Management Agency and send to Risk Management Agency via fax, email or other methods, on the basis of information analysis, Risk Management Agency shall select and send the list to customs control teams, relevant Customs Sub-departments and other relevant entities (if any) before commodities are transported past customs control areas;

b.2) Customs Sub-departments where customs declarations are made shall:

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Step 2: Request customs declarants to transport containers to locations of inspection.

b.3) Customs control teams shall:

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: When customs declarants present commodities, examine intactness of containers, intactness of seals of shipping lines (if any), and match container serial number with scanning list (in case of discrepancies, take actions as per the law);

Step 3: Scan according to procedures on operating and using scanners;

Based on scanning images, compare with commodity information on the emanifest system and other information at the time of scanning to analyze and assess scanning images. After analyzing images, officials provide overall assessment of scanning images and specify conclusion on records for scanning results using form No. 03/KQSCT/GSQL under Annex 1 attached to Decision No. 1966/QD-TCHQ. (In case scanning images contain no suspicions, conform to manifest information and other information, conclude: “Hình ảnh soi chiếu không phát hiện nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh phù hợp nội dung khai báo manifest là hạt nhựa” (Images matching manifest declarations as plastic pellets) or “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)); In case scanning images contain suspicions, mark the suspicions on the scanning images and conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location))).

Step 4: Send 1 photocopy of records of transfer, 1 scanning image and 1 record of scanning result to relevant entities (Customs Sub-departments where customs declarations are made, entities selecting commodities and containers for scanning) via fax, email or other methods;

Step 5. Keep all documents (scanning images, records of scanning results) on a case-by-case basis.

b.4) Process scanning results:

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Customs Sub-departments where customs declarations are performed verify completion of inspection or adopt other procedures according to Decision No. 1966/QD-TCHQ.

b.4.2) In case scanning images contain suspicions:

- Customs Sub-departments where customs declarations are made:

+ Heads of Customs Sub-departments where customs declarations are made shall rely on scanning results and information related to commodities to assess, decide methods and level of physical inspection according to Clause 2, Clause 3 and Clause 4 Article 29 of Decree No. 08/2015/ND-CP;

+ Perform physical inspection and adopt other procedures according to Decision No. 1966/QD-TCHQ.

II. INSPECTING EXPORT COMMODITIES WITH SCANNERS

1. In case of scanners situated in locations for inspecting concentrated commodities.

a) In case commodities are going through customs procedures and have not been concentrated in border checkpoints for export, to be specific:

a.1) Entities specified under Clause 8 Part I of these Regulations shall produce list of export commodities to be scanned by scanners using form prescribed by Risk Management Agency and send to Risk Management Agency via fax, email or other methods, on the basis of information analysis, Risk Management Agency shall select and send the list to customs control teams, relevant Customs Sub-departments and other relevant entities (if any) before commodities are granted customs clearance/release;

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Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: Request customs declarants to present containers;

Step 3: Match container number with scanning list, examine conditions of containers and customs seals, produce records of transfer using form No. 2 under Annex IV of this Decision, print 2 original copies, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy for liquidation and provide the carriers with the other as certificate for carrying commodities to locations of inspection and transferring to customs control teams.

Step 4: Monitor notification of shipment arrival at locations of inspection. In case of irregularities, organize searching.

a.3) Responsibilities of customs control teams

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: Receive commodities and records of transfer presented by carriers, examine intactness of containers, intactness of customs seals and match container serial number with scanning list (in case of discrepancies, take actions as per the law);

Step 3: Receivers sign records of transfer, issue seals of officials in “Đại diện Hải quan nơi điến” (Representatives of customs of point of arrival), notify Customs Sub-departments where declarations are made and keep records of transfer for liquidation;

Step 4: Scan according to procedures on operating and using scanners;

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Step 5: Send 1 scanning image and 1 record of scanning result to relevant entities (Customs Sub-departments where customs declarations are made, entities selecting commodities and containers for scanning) via fax, email or other methods;

Step 6. Keep all documents (scanning images, records of scanning results) on a case-by-case basis.

a.4) Process scanning results:

a.4.1) In case scanning images contain no suspicions:

- Customs Sub-departments where customs declarations are made adopt procedures for completing inspection.

- Customs control teams:

+ Use initial customs seals, produce records of transfer using form No. 2 under Annex IV of this Decision, print 2 original copies, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy for liquidation and provide the carriers with the other as certificate for carrying scanned commodities to Customs Sub-departments of export checkpoints.

+ Monitor notification of commodity arrival at export checkpoints. In case of irregularities, organize searching.

- Customs Sub-departments in export checkpoints:

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+ Notify commodity arrival at export checkpoints to customs control teams.

a.4.2) In case scanning images contain suspicions:

a.4.2.1) In case locations for inspecting concentrated commodities are under management of customs control teams:

- Customs Sub-departments where customs declarations are made shall:

+ Perform physical inspection and adopt procedures for completing inspection or further customs procedures according to Decision No. 1966/QD-TCHQ;

+ Issue customs seals, produce records of transfer using form No. 2 under Annex IV of this Decision, print 2 original copies, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy for liquidation and provide the carriers with the other as certificate for carrying scanned commodities to Customs Sub-departments of export checkpoints;

+ Monitor notification of commodity arrival at export checkpoints. In case of irregularities, cooperate with customs control teams in searching.

- Customs Sub-departments in export checkpoints:

+ Receive commodities and records of transfer presented by carriers, examine intactness of containers and intactness of customs seals (in case of discrepancies, take actions as per the law);

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a.4.2.2) In case locations for inspecting concentrated commodities are under management of Customs Sub-departments:

- Heads of Customs Sub-departments where customs declarations are made shall rely on scanning results and information related to commodities to assess, decide methods and level of physical inspection according to Clause 2, Clause 3 and Clause 4 Article 29 of Decree No. 08/2015/ND-CP;

- Customs Sub-departments managing locations for inspecting concentrated commodities shall perform physical inspection, produce records of physical inspection and send to Customs Sub-departments where customs declarations are made via fax, email or other methods;

- Customs Sub-departments that produce notice of receiving records of physical inspection shall rely on inspection results to adopt procedures for completing inspection or adopt other procedures according to Decision No. 1966/QD-TCHQ;

- Customs control teams:

+ Issue customs seals, produce records of transfer using form No. 2 under Annex IV of this Decision, print 2 original copies, transferring officials sign and issue seals of officials in “Đại diện hải quan nơi đi” (Representatives of customs of point of departure) and request carriers to sign, specify full name, keep 1 copy for liquidation and provide the carriers with the other as certificate for carrying scanned commodities to Customs Sub-departments of export checkpoints;

+ Monitor notification of commodity arrival at export checkpoints. In case of irregularities, organize searching.

- Customs Sub-departments in export checkpoints:

+ Receive commodities and records of transfer presented by carriers, examine intactness of containers and intactness of customs seals (in case of discrepancies, take actions as per the law);

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2. In case of scanners situated in warehouses, storage or ports of border checkpoints.

a) In case export commodities are eligible to pass concentrated customs control areas in export checkpoints, to be specific

a.1) Entities specified under Clause 8 Part I of these Regulations shall produce list of export commodities to be scanned by scanners using form prescribed by Risk Management Agency and send to Risk Management Agency via fax, email or other methods, on the basis of information analysis, Risk Management Agency shall select and send the list to customs control teams, relevant Customs Sub-departments and other relevant entities (if any) at least 1 hour before commodities are loaded onto vessels;

a.2) Customs Sub-departments where customs declarations are made shall:

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

Step 2: Cooperate with Customs Sub-departments of export checkpoints in preventing commodities from going through customs control areas as per the law;

Step 3: Request customs declarants to present containers for scanning;

a.3) Customs control teams shall:

Step 1: Receive list of commodities to be scanned from Risk Management Agency and extract list of containers to be scanned;

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Step 3: Scan according to procedures on operating and using scanners;

Based on scanning images, compare with commodity information on the system and other information at the time of scanning to analyze and assess scanning images. After analyzing images, officials provide overall assessment of scanning images and specify conclusion on records for scanning results. (In case scanning images contain no suspicions, conform to declaration, conclude: “Hình ảnh soi chiếu không phát hiện nghi vấn” (Scanning images contain no suspicions) and provide brief description of the images (e.g. “Hình ảnh đồng nhất về hàng hóa” (Consistent commodity images)); In case scanning images contain suspicions, mark the suspicions on the scanning images and conclude “Hình ảnh soi chiếu phát hiện nghi vấn (ghi rõ nội dung nghi vấn, vị trí nghi vấn)” (Suspicions in scanning images (specify details and location))).

Step 4: Send 1 scanning image and 1 record of scanning result to relevant entities (Customs Sub-departments where customs declarations are made, entities selecting commodities and containers for scanning) via fax, email or other methods;

Step 5. Keep all documents (scanning images, records of scanning results) on a case-by-case basis.

a.4) Process scanning results:

a.4.1) In case scanning images contain no suspicions:

- Customs Sub-departments where customs declarations are made:

+ Adopt procedures for completing inspection.

+ Request Customs Sub-departments of export checkpoints to allow commodities past customs control areas.

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- Heads of Customs Sub-departments where customs declarations are made shall rely on scanning results and information related to commodities to assess, decide methods and level of physical inspection according to Clause 2, Clause 3 and Clause 4 Article 29 of Decree No. 08/2015/ND-CP;

- Customs Sub-departments of export checkpoints shall perform physical inspection, produce records of physical inspection and send to Customs Sub-departments where customs declarations are made via fax, email or other methods;

- Customs Sub-departments that produce notice of receiving records of physical inspection shall rely on inspection results to adopt procedures for completing inspection or adopt other procedures according to Decision No. 1966/QD-TCHQ and request Customs Sub-departments of export checkpoints to allow commodities past customs control areas.

Part IV

IMPLEMENTATION

1. Heads of entities affiliated to General Department of Customs, Directors of Customs Departments of provinces and cities, and relevant entities are responsible for organizing implementation of this Decision.

2. Entities and individuals are responsible for implementing these Regulations. Failure to adequately implement shall be met with actions according to Decision No. 2799/QD-TCHQ dated September 26, 2018 of General Director of General Department of Customs on Regulations on examining professionally and taking actions, disciplining public officials, officials and employees in customs sector.

3. Responsibilities of entities selecting commodities for scanning:

a) selecting quantity of containers for scanning according to Clause 8 Part I of these Regulations;

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4. Responsibilities of Customs Supervision and Management Department:

a) guiding, expediting, inspecting and supervising implementation of these Regulations;

b) developing professional requirements and cooperating with Department of Customs Information, Technology and Statistics in developing information technology applications on the system;

c) requesting heads of General Department to approve arrangement and location of scanners;

d) appraising and requesting heads of General Department to approve minimum scanning norm of each scanner on the basis of reports on scanning capability of scanners after consulting Risk Management Agency.

5. Responsibilities of Financial – Administrative Agency:

a) cooperating with Department of Customs Information, Technology and Statistics to guarantee connection of scanning images and other data from scanners to the system;

b) cooperating with Department of Management and Supervision in arranging location of scanners;

c) guiding Customs Departments of provinces and cities equipped with scanners in preserving, maintaining, repairing and remediating errors and damage during use;

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6. Responsibilities of Risk Management Agency:

a) regulating form of list of import, export commodities to be inspected by scanners;

b) receiving list of containers to be scanned from entities affiliated to General Department of Customs, entities affiliated to Customs Departments of provinces and cities to establish criteria for classifying inspection by scanners with respect to shipments that have not been registered under customs declarations or directing relevant entities to scan commodities that have been registered under customs declarations; changing to physical inspection for containers that have not been scanned in case of scanner error and previously specified under list of commodities and containers for scanning and for commodities that have not been registered under customs declarations.

c) submitting list of containers for scanning to Department of Customs Information, Technology and Statistics for upload on website of General Department of Customs;

d) updating and liquidating scanning results;

dd) periodically submitting reports on results and effectiveness of selecting and inspecting commodities with container scanners in customs sector to heads of General Department and transferring information to Department of Customs Information, Technology and Statistics for cooperation;

e) cooperating with Department of Supervision and Management in identifying minimum scanning norm of each scanner.

7. Responsibilities of stand-by unit at General Department and stand-by units at Customs Departments of provinces and cities equipped with scanners:

Monitoring scanning and cooperating with Risk Management Agency and other entities to guarantee compliance with regulations and law of scanning operations.

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a) connecting scanning images and other data from scanners to the system;

b) cooperating with Risks Management Agency in uploading list of containers to be scanned on website of General Department of Customs;

c) cooperating with Department of Customs Supervision and Management and Risk Management Agency in developing information technology systems and applications according to professional requirements;

d) cooperating with Department of Customs Supervision and Management, Risk Management Agency and professional entities in developing and applying artificial intelligence technology in automatic analysis of scanning images and warning against suspicious images.

9. Responsibilities of Department of Inspection – Examination, Department of Personnel and Organization:

Taking actions against entities and individuals failing to comply with these Regulations.

10. Responsibilities of Directors of Customs Departments of provinces and cities equipped with scanners:

a) organizing implementation, assigning, and providing guidelines on these Regulations to affiliated entities to ensure that number of containers selected for scanning conforms to Clause 8 Part I and to ensure effectiveness, compliance with regulations and law of image scanning and analysis;

b) regulating responsibilities of affiliated entities and individuals in selecting commodities and containers for scanning, managing and operating scanners; responsibilities in exchanging information; responsibilities in failing to adequately implement procedures for collecting, analyzing information, selecting subjects of scanning, scanning, analyzing images and liquidating list of commodities for scanning;

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d) arranging, distributing and mobilizing officials operating scanners and analyzing images to meet requirements as per the law to ensure safety and efficiency;

dd) submitting reports on scanning capability of each container scanner currently equipped using Form No. 1 under Annex IV attached to this Decision to General Department of Customs (via Department of Customs Supervision and Management) before the 1^st of the 1^st month of the quarter;

e) recommending temporary relocation of mobile scanners to important areas under management of the entities (via Department of Supervision and Management);

g) cooperating with Department of Customs Supervision and Management, Administrative – Financial Agency and entities operating warehouses, storage and ports in arranging, distributing and placing scanners to guarantee working conditions of scanners and customs supervision as per the law;

h) submitting reports on monthly scanning operations to General Department of Customs (via Department of Customs Supervision and Management) using form no. 3 under Annex IV attached to this Decision;

i) in case of scanner failure, Directors of Customs Departments of provinces and cities where said scanners are situated shall:

- Submit reports to General Department of Customs (via Risk Management Agency) to temporarily suspend preparing list of containers for scanning;

- In case list of containers for scanning has been produced before scanners failure occurs and before customs declarations have been made, transfer information to Risk Management Agency to change to physical inspection on the system for containers that have not been scanned;

- In case list of containers for scanning has been produced before scanners failure occurs and after customs declarations have been made, direct customs control teams to coordinate commodities to be scanned to other scanners; in case of inability to do so, direct Customs Sub-departments where customs declarations are made to perform physical inspection for containers selected for scanning.

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11. Responsibilities of customs control teams affiliated to Customs Departments of provinces and cities equipped with scanners:

a) scanning and analyzing images to assess suspicions and serve customs control; updating scanning results on the system;

b) elaborating working time, shifts and crews of scanners depending on practical conditions of the entities;

c) updating task assignment schedule, full name and phone number of officials in each shift, crew on the system;

d) in case of error or damage to scanners, immediately report to Customs Departments of provinces and cities where scanners are situated for rectification;

dd) diverting commodities to be scanned to other scanners in local administrative divisions in case one or multiple scanners in the administrative divisions expected to operate encounter errors or fail to operate appropriately using records of transfer made by using form No. 2 under Annex IV attached to this Decision.

- If scanners are damaged during handling process, mark the risks and change to physical inspection;

- If scanners are damaged during procedures, divert commodities to other administrative divisions equipped with scanners, if diversion is not available, change to physical inspection.

e) on a daily basis, examining, monitoring and matching number of containers under list of commodities for scanning with number of containers practically scanned. In case containers are not scanned despite being under list of containers for scanning, updating reasons on the system.

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a) complying with direction of heads of entities and procedures under these Regulations;

b) specifying overall results of commodities and providing remarks compared to suspicions during image scanning and analysis;

c) at the end of each case, officials in charge are responsible for keeping records for operation and case transfer using form No. 3 under Decision No. 3104/QD-TCHQ dated October 16, 2018 of General Director of General Department of Customs on Regulations on managing and using specialized equipment in customs sector.

13. Responsibilities of Customs Sub-departments where customs declarations are made and where commodities are stored:

a) receiving commodity scanning results to adopt professional procedures as per the law;

b) updating information on processing scanned commodities on the system for liquidation;

c) cooperating with customs entities at request related to scanned commodities.

14. Difficulties that arise during the implementation of this Circular should be reported to the General Department of Customs (via Department of Customs Supervision and Management) for guidance./.

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