Chương III Nghị định 85/2019/NĐ-CP: Thủ tục hành chính đối với hàng hóa xuất khẩu, nhập khẩu, quá cảnh

Chapter III

ADMINISTRATIVE PROCEDURES FOR EXPORTS, IMPORTS AND IN-TRANSIT GOODS

Section 1. ADMINISTRATIVE PROCEDURES FOR EXPORTS, IMPORTS AND IN-TRANSIT GOODS VIA VIETNAM NATIONAL SINGLE WINDOW

Article 18. Declaration, change to declared information and submission of documents included in administrative dossiers

1. For declared information created electronically, declaration and change to declared information may be carried out via one of the following methods:

a) Create declared information according to the indicators and forms formulated by supervisory ministries based on data standards provided for by the supervisory unit; and send to the VNSW; or

b) Declare directly on the VNSW.

2. Changing declared information is stipulated by relevant regulations of laws on administrative procedures.

3. Submission of documents included in administrative dossiers is provided for by regulations of Article 14 of this Decree.

Article 19. Receipt and processing of administrative dossiers and announcement of results thereof

1. The VNSW shall:

a) Receive electronically declared information 24/7;

b) Give feedback on electronically declared information to declarants and automatically forward such information to specialized processing systems.

2. Handling authorities shall:

a) Receive and process administrative dossiers;

b) Inform receipt and acceptance or rejection of dossiers or request for correction of or supplement to dossiers to declarants and bodies involved in handling administrative procedures via the VNSW;

c) Inform processing results to declarants and relevant bodies via the VNSW.

Time limits for processing administrative dossiers and informing receipt of dossiers and processing results are specified by regulations of specialized laws.

Article 20. Exchange of information between Vietnam National Single Window and specialized processing systems

Automatic exchange of information between the VNSW and specialized processing systems is specified as follows:

1. The VNSW shall:

a) Send information in administrative dossiers to specialized processing systems of handling authorities;

b) Receive notice of receipt of administrative dossiers and processing results from specialized processing systems, forward such results to other relevant specialized processing systems;

c) Provide customs declarations and processing results of customs authorities related to administrative procedures of handling authorities for relevant handling authorities upon request.

2. Specialized processing systems shall:

a) Receive information in administrative dossiers from the VNSW;

b) Inform successful receipt or error to the VNSW;

c) Inform acceptance or rejection of dossiers or request for correction of or supplement to dossiers to the VNSW;

d) Inform results of processing of administrative dossiers by handling authorities to the VNSW.

Section 2. SPECIALIZED INSPECTION FOR EXPORTS, IMPORTS AND IN-TRANSIT GOODS

Article 21. Principles of specialized inspection for exports, imports and in-transit goods

1. Apply principles of risk management and evaluation of compliance with specialized laws of organizations and individuals to ensure efficiency and validity of state management and facilitate export, import and transit.

2. Specialized inspecting bodies shall conduct specialized inspection on the basis of technical regulations and standards applicable to inspected products announced on the VNSW by supervisory ministries.

Depending on management requirements, supervisory ministries may designate assessment bodies meeting conditions prescribed by law to perform a number of specialized inspecting tasks.

3. Exemption from specialized inspection is granted to the following goods:

a) Goods granted the certificate of conformity, declaration of conformity or certificate of registration of international or regional quality management system according to regulations of supervisory ministries;

b) Goods whose conformity assessment results are recognized by adopted international conventions.

4. Goods shall be added to list of exports subject to pre-clearance specialized inspection, list of imports subject to pre-clearance specialized inspection or list of imports subject to post-clearance specialized inspection according to regulations of specialized laws and the following requirements:

a) Names and HS codes of the goods must be specified according to regulations of specialized laws and Vietnam’s nomenclature of exports and imports;

b) There are technical regulations and/or standards applied to inspected products to provide the basis for inspection of the goods;

c) There are regulations on inspection procedures, inspection period, specialized inspecting bodies and designated assessment bodies (if any).

5. Goods shall be added to the list of imports subject to pre-clearance specialized inspection according to goods management requirements of each period of time and if they pose large threat to safety, human health or lives, morals, fine traditions and customs, the economy or national security; or facilitate the spread of epidemics or environmental pollution.

6. Supervisory ministries shall inspect the goods included in the list of imports subject to post-clearance specialized inspection according to regulations of laws; the inspection results shall be used to modify the list of imports subject to pre-clearance specialized inspection and evaluate compliance of organizations and individuals so as to decide method and level of specialized inspection.

Article 22. Cases granted exemption from pre-clearance specialized inspection

1. Cases granted exemption from specialized inspection are specified by the law and regulations of adopted international conventions.

2. Besides the cases mentioned in Clause 1 herein, exemption from state inspection of food safety is granted to the following cases:

a) Imports which are delivered by post or EMS and under the de minimis value according to regulations of tax laws;

b) Imports which are included in list of duty-free goods, within the duty-free allowance prescribed by law, and of service to operation and daily life of foreign organizations granted diplomatic privileges and immunities

c) Inbound person’s baggage that is within the duty-free allowance;

d) In-country exports.

3. Besides the cases mentioned in Clause 1 herein, exemption from specialized inspection is granted to the following cases:

a) Imports which are delivered by post or EMS and under the de minimis value according to regulations of tax laws;

b) Goods temporarily imported to be sold in duty-free stores;

c) In-country exports.

4. The regulations in Clauses 1, 2 and 3 herein are not applicable to the cases issued with a warning about food safety, the spread of epidemics, environmental pollution, or posing threat to human health or lives, morals, fine traditions and customs, the economy or national security; or with a written notice of annulment of exemption from pre-clearance specialized inspection by supervisory ministries.

Article 23. Clearance for exports subject to specialized inspection

1. For goods included in the list of exports subject to pre-clearance specialized inspection, customs authorities shall decide to grant clearance after the declarant has completed customs procedures as prescribed by law and acquired one of the following documents:

a) A notice of exemption from inspection from a specialized inspecting body, excluding the cases granted exemption mentioned in Article 22 herein;

b) A notice that the goods have passed inspection from a specialized inspecting body;

c) A notice of conformity with corresponding technical regulations or standards from a designated assessment body, which serves as the basis for clearance according to regulations of specialized laws.

2. In case goods not included in the list of exports subject to pre-clearance specialized inspection undergo specialized inspection per the declarant or importing country’s request, the declarant is not required to submit the inspection result to customs authorities when carrying out customs procedures.

Article 24. Clearance for imports subject to specialized inspection

1. For goods included in the list of imports subject to pre-clearance specialized inspection, customs authorities shall decide to grant clearance after the declarant has completed customs procedures as prescribed by law and acquired one of the following documents:

a) A notice of exemption from inspection from a specialized inspecting body, excluding the cases granted exemption mentioned in Article 22 herein;

b) A notice that the goods have passed inspection from a specialized inspecting body;

c) A notice of conformity with corresponding technical regulations or standards from a designated assessment body, which serves as the basis for clearance according to regulations of specialized laws.

2. If the administrative procedures for specialized inspection are carried out via the VNSW, the importer shall submit the application for specialized inspection to the specialized inspecting body via the VNSW and is not required to submit an application for specialized inspection verified by the specialized inspecting body to customs authorities according to regulations of Point b Clause 2a and Point b Clause 2b Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 providing specific guidance on enforcement of the Law on Products and Goods Quality amended by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018.

3. If the actual import quantity is in excess of the amount declared in the customs declaration but such imports are identical goods from the same importer, of the same origin and manufacturer and transported by the same vehicle with the same bill of lading, excluding machinery, equipment and vehicles, the declarant may use the specialized inspection result of said declaration for clearance after fulfilling all tax liabilities and executing handling decisions (if any) as per the law.

Article 25. Responsibilities of relevant parties for pre-clearance specialized inspection

Besides those prescribed by regulations of specialized laws, declarants, designated assessment bodies and specialized inspecting bodies shall also bear the following responsibilities:

1. Responsibilities of declarants

a) Only sell goods included in the list of imports subject to pre-clearance specialized inspection once such goods have passed the specialized inspection or have been granted exemption from specialized inspection and given clearance by customs authorities;

b) Execute handling decisions from competent authorities, incur all relevant costs and take remedial actions according to regulations of laws.

2. Responsibilities of specialized inspecting bodies

a) Receive and review declarants’ applications for inspection;

b) Inspect and evaluate goods upon request of specialized laws; inform inspection results to declarants and customs authorities;

c) Handle ex officio or report and propose handling measures for imports and exports not meeting technical regulations or standards to competent authorities;

d) Ensure impartiality, accuracy and transparency and prevent discrimination in specialized inspection; keep inspection results confidential as per the law;

dd) Be answerable to the law for inspection results;

e) Provide information and cooperate with customs authorities in supervising goods owner taking remedial measures for unqualified goods according to decisions of competent authorities;

g) Request competent authorities to formulate list of imports subject to pre-clearance specialized inspection, list of exports subject to pre-clearance specialized inspection, and simplification of procedures and methods for receiving and handling dossiers and informing inspection results via the VNSW.

3. Responsibilities of designated assessment bodies

a) Perform some tasks of specialized inspection within the designated scope; be answerable to the law and specialized inspecting bodies for the results of such performance;

b) Provide assessment results by deadline to specialized inspecting bodies to form the grounds for concluding conformity of goods with technical regulations or standards;

c) Keep information, figures and eligibility assessment results confidential, unless otherwise requested by competent authorities;

d) Retain samples and dossiers according to regulations of laws;

dd) Comply with inspection of operation of eligibility assessment as prescribed by law.

Article 26. Responsibilities of supervisory ministries

1. Responsibilities of supervisory ministries

a) Conduct specialized inspection on the basis of risk management and evaluation of compliance with specialized laws of organizations and individuals during specialized inspection to ensure efficiency and validity of state management and facilitate export, import and transit;

b) Promulgate and announce the list of goods subject to specialized inspection according to regulations of Article 21 of this Decree on the VNSW;

c) Announce on the VNSW the following: list of goods to which advanced quality management systems according to international or regional standards are applied as prescribed by Clause 4 Article 27 of the Law on Products and Goods Quality; and advanced quality management systems according to international or regional standards;

d) Stipulate and announce the following on the VNSW: specialized inspecting bodies; designated scopes of work in specialized inspection, criteria for designation of assessment bodies; procedures, timeline and methods for specialized inspection in connection with  responsibilities of specialized inspecting bodies and designated assessment bodies; conditions for exemption from inspection, dossier inspection or dossier inspection combined with physical inspection; list of assessment bodies certified to serve state management according to international conventions; list of assessment bodies designated to promulgate the notices of conformity mentioned in Point c Clause 1 Article 23 and Point c Clause 1 Article 24 of this Decree;

dd) In accordance with regulations of this Decree, supervisory ministries shall take charge in reviewing legislative documents they promulgated or proposed to competent authorities for promulgation; in case regulations contradicting this Decree are found, promulgate or propose legislative documents guiding the implementation of this Decree to competent authorities for promulgation.

2. Responsibilities of the Ministry of Finance

Take charge and cooperate with supervisory ministries in identifying HS codes of goods included in lists of goods subject to specialized inspection according to regulations of Article 21 of this Decree for supervisory ministries to promulgate and announce as per regulations.

Article 27. Cooperation in specialized inspection

1. The supervisory unit shall take charge and cooperate with supervisory ministries in establishing methods and contents for sharing information and data on the goods subject to post-clearance specialized inspection prescribed by Clause 6 Article 21 herein.

2. If, during customs procedures, the customs authority detects that imports subject to specialized inspection show signs of not meeting applicable technical regulations or standards, it shall inform the specialized inspecting body for the specialized inspecting body to take note and prevent the goods from being taken to storage.

3. If a supervisory ministry or an assessment body receives information that the goods to be imported show signs of not meeting technical regulations or standards or determines that the imports are of the same type as a product detected to be unqualified, it shall take inspection measures as appropriate and inform customs authorities to prevent the goods from being taken to storage.

4. If, during inspection or sampling of goods in storage, a specialized inspection body or designated assessment body detects that the quantity or type of goods does not match the information in the application for specialized inspection; or the goods have been partially or completely sold without permission, it shall notify customs authorities for cooperation in handling.

5. The designated assessment bodies mentioned in Point c Clause 1 Article 23 and Point c Clause 1 Article 24 herein shall conduct eligibility assessments and submit reports according to regulations of specialized laws; and send results of such assessments to declarants, specialized inspecting bodies and customs authorities via the VNSW.