Consensus on Establishing Order in Temporary Import for Re-export

6:03:36 PM | 3/28/2013

The General Department of Customs (GDC) is urgently reviewing, amending and supplementing documents related to the process of customs supervision in accordance with the Government’s Directive 23/CT-TT dated September 7, 2012) on strengthening the management of temporary import for re-export. Hence, the GDC has directed its subordinate units to intensify the management on goods subjected to temporary import for re-export, and to build and complete a circular guiding the enforcement of Directive 23-CP. The customs sector has received constructive comments to the draft circular from many ministries, departments and business organisations.
 
Setting up order of temporary import for re-export
While contributing opinions to the draft circular guiding the enforcement of Directive 23-CP of the Prime Minister on strengthening State management over operations related to temporary import for re-export, port change, and bonded warehouse storage, many ministries and agencies propose raising sanctions on violations.
The Ministry of Construction agreed that it is necessary to intensify the State management over temporary import for re-export, transit and bonded warehouse storage in order to meet regulatory requirements and minimise violations in temporary import for re-export.
 
In addition to available provisions in the draft circular, the Ministry of Construction also suggested the Ministry of Finance consider supplementing additional fines on goods causing environmental pollution or affecting community health.
 
The Ministry of Science and Technology suggested a more proper time of validity of this draft circular, because the decree in place of Government Decree 12/2006/ND-CP detailing the execution of the Law on Commerce on international commodity trading activities, agent purchasing and selling activities, outsourcing and goods transiting has been submitted to the Prime Minister and is likely to be enacted soon.
 
It also recommended that Vietnam not encourage temporary import for re-export, transhipment and bonded warehouse storage because current infrastructure and managerial capacity remain weak.
 
Fixing some procedural regulations
Showing consent to strengthened management and supervision over temporary import for re-export, the Vietnam Chamber of Commerce and Industry (VCCI), however, filed a number of proposals concerning loosening regulations on enterprises trading goods temporarily imported for re-export.
 
According to VCCI, the draft circular provides that "At least 7 days prior to the arrival of goods at the border gate, traders trading goods temporarily imported for re-export shall send two notices of delivery and receipt plans and other detailed information related to such goods to customs offices at such border gate.” This duration is too long, the time should be one day.
 
Giving explanation to the unsuitable seven-day duration, VCCI said: Given the case of seven days, most cases cannot be made because goods need two days to be shipped from the Port of Hong Kong (China) to the Port of Hai Phong, it also takes two days for the shipping from Singapore to the Port of Ho Chi Minh City and four or five days to the Port of Hai Phong. To fulfil this time requirement, shippers will have to pack their commodities into containers and carry to the departure port, complete procedures at least five days before the departure and ask shipping firms to issue bills of lading five days before time.
 
Besides, the provision that the time for goods temporarily imported for re-export shall not be exceed 45 days should be also reviewed. This duration should only apply to frozen foods rather than machines, electronics devices, metals, etc, with a much lower possibility of causing environmental pollution.
 
Hai Ly