Ba Ria-Vung Tau Customs solve many procedural problems related to raw materials

VCN - Raw materials were purchased domestically to produce export products, but the partner stopped the order. Now, if the company wants to liquidate these raw materials to a foreign partner, what procedures will the company perform? That is one of questions raised at the 2023 Customs-Business Dialogue Conference organized by Cai Mep Port Border Gate Customs Branch under Ba Ria - Vung Tau Customs Department on the afternoon of November 22.
Ba Ria-Vung Tau Customs Department requests to re-export two transit containers Ba Ria-Vung Tau Customs Department requests to re-export two transit containers
Ba Ria-Vung Tau Customs Department actively removes difficulties for enterprises Ba Ria-Vung Tau Customs Department actively removes difficulties for enterprises
Ba Ria-Vung Tau Customs signs Coordination Regulations with Customs Department of Good Verification Ba Ria-Vung Tau Customs signs Coordination Regulations with Customs Department of Good Verification
Director of Ba Ria - Vung Tau Customs Department Nguyen Truong Giang speaks at the conference.
Director of Ba Ria - Vung Tau Customs Department Nguyen Truong Giang speaks at the conference.

The conference was attended by more than 50 import-export businesses, logistics businesses, customs agents, port and bonded warehouse operators in the area.

Speaking at the conference, Director of Ba Ria - Vung Tau Customs Department Nguyen Truong Giang said that the Cai Mep - Thi Vai port cluster is being invested to become a major international transit gateway of the country and a hub port in Asia and the world. Accordingly, Ba Ria - Vung Tau province established the first inland container deport (ICD) in the area; put into operation two container scanners. Along with that, the centralized inspection location has also been put into operation and handed over to the Cai Mep Port Border Gate Customs Branch for management.

According to Director Nguyen Truong Giang, in the context of constant increase in import and export activities and the improvement of the port service ecosystem in the area, Ba Ria - Vung Tau Customs Department is always ready to listen to opinions, suggestions and recommendations and problems of businesses to find solutions and create more favorable conditions for import and export activities.

At the conference, Cai Mep Port Border Gate Customs Branch answered many questions for businesses related to procedures for liquidating raw materials, raw materials in inventory, and executing the import and export rights according to investment certificates.

A representative of a company raises questions at the conference
A representative of a company raises questions at the conference

Daeyoung Company raised a question that the company purchased domestic raw materials to produce products in the form of export production and business (B11). But now the company’s partners have stopped ordering and the company had to stop the production, leading to a large inventory of domestic raw materials. The company has found a foreign partner to buy these raw materials. Accordingly, the company asked for guidance on liquidation procedures for the raw materials.

Answering this question, the representative of Cai Mep Port Border Gate Customs Branch requested the company to base on the instructions in Clauses 2 and 3, Article 3 of Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government regulates the import and export rights. Currently, the General Department of Customs is also consulting the Ministry of Industry and Trade on this issue (Official Dispatch No. 5555/TCHQ-GSQL dated October 27, 2023).

Mi-Jack Manufacturing Global Vietnam Company also said that it has some inventory of raw materials and accessories of the E31 import type. Accordingly, the company wants to be guided on procedures on selling this inventory of raw materials for another company.

Cai Mep Port Border Gate Customs Branch said that type E31 is importing raw materials for export production - subject to tax exemption. Therefore, based on the provisions of Article 21 of Circular No. 38/2015/TT-BTC dated March 25, 2015, when the company wants to sell this raw material to another customer, the company must declare a change of purpose of use into domestic consumption. The procedures are specifically guided in Article 21 of Circular 38/2015/TT-BTC.

Mi-jack Manufacturing Global Vietnam Company also said the company intends to import goods to serve machinery and equipment used in the company’s production under type A41. However, HS code is not in the list of licensed HS codes on the company's investment certificate. Accordingly, the company raised a question whether the company has the right to import and export goods that do not have HS codes on the company’s investment certificate?

Cai Mep Port Border Gate Customs Branch said that according to Official Dispatch 1478/TCHQ-GSQL dated April 26, 2022 of the General Department of Customs, foreign-invested enterprises which are established and operate according to the regulations of Vietnamese law means Vietnamese enterprises. Therefore, in case a foreign-invested enterprise imports raw materials, supplies, machinery and equipment for domestic production (including imported goods to implement investment projects), it must use HS code A12.

Thus, the company should recheck the type according to Decision No. 1357/QD-TCHQ. In case the company imports goods for production, the type A12 shall be applied. For the type A12, the importer do not have to exercise the import and export rights according to the investment certificate.

In the framework of the conference program, the representative of Cai Mep Port Border Gate Customs Branch also informed about the operation of the Cai Mep - Thi Vai centralized inspection location and Phu My 3 ICD; assessed potentials, advantages and solutions to overcome difficulties and cut costs for businesses.

Mr. Pham Quoc Phuong, Deputy Managing Director of Phu My ICD introduced Phu My ICD, the operating plan and the benefits the ICD brings to customers, partners and Phu My specialized industrial park and the community in general.

Located in Phu My 3 Specialized Industrial Park, the center of a comprehensive seaport - industrial ecosystem, Phu My ICD has the ability to connect from road, air, waterway and rail, and in the future to seaports, ICD, Depot in the region as well as areas supplying raw materials for production and consumption of products across the country to Phu My 3 Specialized Industrial Park; helps investors and shippers transport materials and products conveniently with the most cost-effective solution.

Interested in the operation plan of Phu My ICD, Nitori Company asked the question about whether after ICD Phu My goes into operation, businesses will register for customs declaration at the ICD or at the Cai Mep Port Border Gate Customs Branch.

Accordingly, the representative of Cai Mep Port Border Gate Customs Branch said that currently, based on the actual situation of workload as well as human resource situation, the Ministry of Finance has not yet organized the apparatus nor arranged officers to process customs procedures at ICD Phu My, Nitori Company continues to register and carry out customs procedures as before. In the near future, if there are any changes, the Cai Mep Port Border Gate Customs Branch will give a notice.

However, Ba Ria - Vung Tau Customs Department as well as Cai Mep Port Border Gate Customs Branch still arrange civil servants to do supervision work at Phu My ICD 24/7, to ensure timely and smooth import and export activities in this area in accordance with the law.

By Nguyen Hien/ Huyen Trang

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