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“Import management regulation” is not specified, leading to difficulty for Customs to develop policy

Due to obstacle on the concept of “Import management regulation” in Government’s Decree 19/2006/ND-CP on details of the Law on Trade on Goods origin, the Ministry of Finance (Vietnam Customs) is facing difficulty in developing the list of goods subject to “Import management regulation” in draft Circular on inspection and determination of origin of Imports and Exports.

In order to handle this problem, on 9th August 2017, Vietnam Customs held a meeting with representatives of Import-Export Department (Ministry of Industry and Trade), Legal Department (Ministry of Finance) to specify regulations on goods subject to import management.

According to Vietnam Customs, the draft Circular on inspection and determination of the origin of imports and exports, the Ministry of Finance expects to issue a guideline on the list of imports of which C/O must be submitted under provisions of Clause 3, Article 13 Government’s Decree 19/2006/ND-CP.

According to Clause 3, Article 13 Government’s Decree 19/2006/ND-CP, goods are subject to “Import management regulations” under provisions of Vietnamese Law or bilateral or multilateral treaties between Vietnam and other member countries must be submitted C/O to Customs at the time of implementing Customs procedures.

However, Decree 19/2006/ND-CP and guiding documents do not specify the concept of “Import management regulations” as well as the list of goods subject to “Import management regulations”.

Meanwhile, under the current regulations, the goods subject to import license, quality inspection, inspection on food safety and hygiene and etc must submit C/O at the time of implementing Customs procedures, therefore, the list of goods is very numerous, raising the cost for enterprises.

Hence, Vietnam Customs is required to propose that the Ministry of Industry and Trade should specify the concept of “Import management regulation” as the basis for Customs to determine the list of goods subject to import management regulations.

Currently, the Draft Circular on inspection and determination of the origin of import and export goods, the Ministry of Finance expects to issue the list of goods of which C/O must be submitted in accordance with provisions of Clause 3, Article 13 Government’s Decree 19/2006/ND-CP.

Vietnam Customs proposed that the Ministry of Industry and Trade should summarize and assess the implementation of Decree 19/2006/ND-CP and submit to the Government for promulgation Revised Decree19/2006/ND-CP to remove obstacles in the implementation and codify international treaties on goods origin under new-generation free trade agreements which have been negotiated and signed in the past times.

In the meeting, representatives of Ministry of Industry and Trade said that the Ministry expects to submit the draft revised Decree 19/2006/ ND-CP to the Government by September 2017. Accordingly, the Draft will amend Article 13 toward keeping Clause 1 and getting Clause 2, 3 and 4 together.

The representative of Ministry of Industry and Trade will send a written request to Ministry of Finance for delaying the promulgation of Circular on inspection and determination of the origin of exports and imports after Revised Decree 19/2006/ND-CP is issued to facilitate developing and promulgating legal document.

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leading to difficulty for Customs to develop policy “Import management regulation” is not specified