Law on Specialised Business Support Management Amended

 

Dr Nguyen Dinh Cung, Chairman of CIEM, said that specialised management of imported goods is a major obstacle, which raised both barriers and financial and time costs to enterprises. That was one of major difficulties in improving “Cross-border commercial transaction” index as requested in Resolution 19 of the Government on improving the business environment and enhancing competitiveness and going contrary to Free Trade Agreement (FTA) commitments such as the Trans-Pacific Partnership (TPP) and Vietnam - EU FTA.

 

According to a survey by GIG, specialised inspection of imported goods at some customs units such as Hanoi, Ho Chi Minh City, Lang Son, Can Tho, Da Nang and Binh Dinh has not been basically improved. Specialised management and inspection costs have not been reduced but even tended to look up. The inspection of imported goods in accordance with the Law on Product Quality, the Law on Food Safety and the Law on Standards and Technical Norms has exposed numerous shortcomings that need to be resolved.

 

According to these laws, to complete an import consignment, a company must pass 10 steps/procedures (including three conformity steps/procedures and seven import steps/procedures). Several procedures have to do again and again for an imported product because there are many exporters but different individuals and enterprises must carry out independent conformity procedures. After the product is verified conformity, the importer still has to carry out this procedure again. Before this reality, many companies voiced against excessive specialised inspection. Indeed, every company must bear responsibility for quality to customers. If it fails to meet market demands, it will be eradicated from the market. Therefore, many suggested amending Clause 34, Article 2 (on quality guarantee conditions of imports) into: Goods categorised into the Group 2 of imports must be certified conformity on the first of import, announced conformity certificate according to relevant technical norms in connection with production of end-products because the certificate is designated or recognised under Article 26 of the Law on Product Quality. Conformity announcement shall be made at the National Single Window Portal administered by the General Department of Customs and have applicable value to goods in the same line with the certified one in the import consignment.

 

Speaking at the event, Mr Nguyen Hoai Nam, Deputy Secretary General of the Vietnam Association of Seafood Exporters and Producers (VASEP), said, as the production of agricultural and aquatic products is imposed strict standards imposed by authorities and global importers, the so careful test is thus redundant. We may consider inspecting for the sake of commodity risk management. This is a popular method adopted in many developed countries in the world.

 

Ms Nguyen Thi Tuyet Mai, Deputy Secretary General of the Vietnam Textile and Apparel Association (Vitas), proposed punitive impositions on wrongdoers. For example, inspection officers/agencies will be fined if they deliberately prolong the inspection process that results in negative impact and damage for enterprises.

 

Mr Pham Thanh Binh, GIG project expert, said, amending four related laws in connection with specialised management aims to basically change methods of management and inspection, apply risk management, assess compliance with the law and transparency of specialised management and inspection.

 

Besides, these are the tasks of perfecting institutions and enhancing transparency of cost management, modernising specialised management and inspection procedures at the National Single Window (NSW) and ASEAN Single Window (ASW), and applying international practices. These are also urgent requirements as Vietnam is on the verge of fulfilling its commitments to investment and trade facilitation provided in free trade agreements.