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Official Gazette

Friday, October 7, 2022

Import-export regulations under scrutiny

Updated: 17:25’ - 29/06/2012

The Ministry of Industry and Trade is working on a draft decree in replacement of Decree No. 12/2006/ND-CP of January 23, 2006, on international goods sale and purchase and goods trading agency, processing and transit with foreign parties, aiming to boost export, control import and curb trade deficit.

 The 43-article draft contains new provisions on goods temporarily imported for re-export or temporarily exported for re-import; border gates for customs clearance and import and export consignment.

Under the draft, goods temporarily imported into Vietnam for re-export can stay in the country for only 60 days after customs procedures are carried out, instead of 120 days as at present.

Duong Xuan Sinh, an official from Vietnam Customs’ Smuggling Investigation Department said the new rules would help prevent businesses from taking advantage of legal loopholes to earn profits by declaring goods as temporary imports for re-export and, therefore, being eligible for value-added tax exemption but later opening containers at customs warehouses to illegally take the goods for sale in the domestic market. 

“The longer these goods are allowed to stay in the country, the more possibilities there are for them to penetrate into the domestic market,” he added.

In addition, as goods temporarily imported for re-export were mainly those discouraged for or banned from import, such as foreign wine and tobacco or industrial wastes, the new rules would help curb smuggled, banned or sub-standard goods being sold in the country. 

To facilitate customs procedures, Article 4 of the draft clarifies border gates for customs clearance. Accordingly, both imports and exports may get customs clearance at international border gates, international seaports, main border gates and bilateral border gates. Besides, customs procedures for exports may be carried out at auxiliary border gates where exist all specialized management agencies as required.

Under Article 5 on goods that are prohibited from import/export, ministers or heads of authorized bodies may consider permitting their import/export in special cases but they will take responsibility for their decisions.

Under Article 7, imports and exports must undergo quarantine inspection prior to customs clearance. Based on the existing Law on Food Safety and other relevant legal documents, line ministries would announce list of goods subject to inspection prior to customs clearance.

Another new point is about terms and conditions in goods outsourcing contracts involving foreign parties. Accordingly, such a contract must indicate names and addresses of involved parties and the direct outsourcing companies; name, quantity and price of outsourced products; time and method of payment; and information on value of imported materials and waste treatment measures.

The draft would be submitted to the Government for approval early next year.-

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