CUSTOMS MANAGEMENT OF IMPORTS ON SEAPORTS
(HQ Online) - The General Department of Customs has issued Official Letter 4202 / TCHQ-PC dated 17/7/2018 on the management of import scraps from abroad into Vietnam, guiding the local customs units to continue "tightening tightening "of shipping operations, scrap imports, used goods are characterized by scrap.
More than 3,500 containers are in stock at Cat Lai port. Picture: Thu Hoa
Not enough condition - not for unloading
According to the General Department of Customs, recently the import activities, the purchase and sale of scrap in our country tends to increase sharply, complex developments, the risk of pollution affecting the living environment, causing urgent public opinion.
In the process of monitoring, inspection and supervision of goods, investigation and verification, the customs authorities have discovered a number of enterprises to implement methods and tricks fraud in scrap imports such as: Counterfeiting, erasure , amendment of documents, certificate of satisfaction of environmental protection conditions in import of scrap materials as raw materials for production to legalize import scrap dossiers; Incorrectly declaring the goods' names and codes with different names and codes as the discarded materials on the list issued together with the Prime Minister's Decision No. 73/2014 / QD-TTg of December 19, 2014.
At the same time, many enterprises have taken the initiative to take samples to use the results of legal assessment, prove that the import of non-scrap materials so that imports do not fall under the management policies for scrap; or importing garbage to Vietnam then refuse to receive goods, to remain in stock at Vietnam seaports in order to profit from overseas objects (through the use of Vietnam as a waste container).
For Vietnam not to become a landfill of the world, the cost of destroying waste and waste into the territory at the expense of destruction is not costly, and at the same time strictly comply with regulations on customs inspection in accordance with the provisions of Articles 31, 32, 33 and 34 of the Customs Law of 2014 and the law, representative of Legal Department, General Department of Customs, said that the General Department of Customs issued a number of documents Checking for imported scrap which do not have national technical standards on environment; Disposal of waste is a waste in the area of customs operations and management of scrap imports. However, in the process of implementation, there are still some problems, overlapping, causing confusion for the CBCC to directly implement.
In order to apply the law on waste management and import scraps in a practical manner, representatives of the Legal Department said that local customs units should pay attention to regulations such as: : Law on Environmental Protection, list of discarded materials allowed to be imported from abroad as raw materials for production, national technical standards on environment. In particular, enterprises must have a certificate of eligibility for environmental protection in scrap import as raw materials for production and within the import limit.
In the course of commencing the entry procedures for means of transport used for the transportation of discarded materials, used goods are characterized by discarded materials, as guided in Official Dispatch No. 4202 / TCHQ-PC of July 17, Regarding the management of import scraps from abroad into Vietnam, the General Department of Customs shall request the Customs Sub-Departments which receive and handle customs dossiers for entry-ship dossiers to analyze the declared goods information. manifest according to the provisions in Clause 38, Article 1 of the Government's Decree No. 59/2018 / ND-CP of April 20, 2015, amending and supplementing a number of articles of Decree No. 08/2015 / ND-CP of January 21, / 2015 of the Government detailing and implementing measures to implement the Customs Law on customs procedures, inspection, supervision and control.
In particular, detailed information about the enterprise (name of enterprise, tax code, address, number of the certificate of environmental protection qualification in scrap import as raw materials for production ...); Goods (scrap type, HS code of at least 4 digits ...) declared on the manifest. Carrying out the review and analysis of information declared in the manifest within 4 working hours from the time of receipt of information declared on the e-manifest and handling system. In case of ineligibility, the customs office shall immediately notify the shipping company and the port business enterprise of not being permitted to unload the cargo into the port; and at the same time request the shipping company to transport the goods out of the Vietnamese territory and handle the violations according to regulations.
In particular, it will be included in the focus control if the ship has declared goods information on the manifest as used goods, not declared as scrap but characteristic of scrap and the importer is not included in the list. Enterprises have been granted certificates of eligibility for environmental protection in import of scrap materials as raw materials for production but no national technical standards on environment.
Managing documents, papers imported
The customs office will not register the customs declaration for scrap goods but the importer does not have a certificate of environmental protection qualification in scrap import as raw material for production. The customs sub-department where the registration declaration is made for the validity check and comparison of information on the certificate of satisfaction of environmental protection conditions in import scraps as raw materials for production, , Certificate of deposit for scrap import, contract of trust (if any), documents certifying the environmental technical standards conformity with respect to consignments of scraps and other documents of the customs dossiers.
Customs Sub-Departments shall check and compare information: granting agencies; number; Date Range; The name of the organization or individual that directly uses scrap as a material for production / the name of the organization or individual undertaking the entrusted import of scraps; name and address of the facility using the scraps to produce / store the scraps; name of scrap; HS code; volume allowed to import; Valid term of Scrap Import Certificate. In the case of entrusted importers, the authenticated copy of the entrusted import contract signed with the organization or individual using scraps imported as raw materials for production has been granted a certificate of scrap import; A certified copy of the valid Scrap Import Certificate of Scrap Importers.
The General Department of Customs also requires the border-gate customs office to conduct actual goods inspection for all declared shipments as scrap. Accordingly, the actual inspection of goods shall be carried out at the customs office of the border gate of importation according to the provisions of Clause 4, Article 10 of the Ministry of Natural Resources and Environment's Circular No. 41/2015 / TT-BTNMT.
The verification of the accuracy between the customs declaration and the actual conditions of the imported goods shall be carried out by the customs officer of the customs office of the border gate and the expert of the customs inspection sub-department Customs clearance).
In cases where there are enough grounds to determine that the imported scraps are not up to the provisions of the customs legislation and the environmental protection law, they shall be handled according to regulations. For goods which are on the list in Decision 73/2014 / QD-TTg but there is no national technical regulation on environment, the customs office determines that there are not enough grounds for considering customs clearance.
The General Department of Customs requires the customs departments of the provinces or cities where the goods are used for the discarded materials and / or the used goods, which are characteristic of the waste left in the customs operation areas to be reviewed and notified to the customs offices. Businesses / liners / liners will work together to identify owners, sorting by type, quantity, volume, composition, nature, time and place of storage. Collecting, analyzing information, investigating, verifying and proactively checking in the absence of customs declarants according to the provisions of Article 34 of the Customs Law of 2014, for goods lots with signs of violation. Scrap import activities to carry out smuggling and illegal transportation of goods across borders.
On the basis of the results, if the goods left in stock are identified as material evidences of criminal cases, they shall be handled according to the provisions of the criminal procedure legislation; In cases where non-material evidence of criminal cases is determined, the administrative violations shall be sanctioned according to regulations and forced to be taken out of the Vietnamese territory.