Consultation on the draft Circular revising Circular 38

	Consultation on the draft Circular amending and supplementing Circular 38/2015 / TT-BTC
	Some provisions on Customs post-clearance audits will be amended
	Circular No. 38/2015/TT-BTC: 68 provisions will be amended, supplemented or repealed

The Deputy Director of the Customs Supervision and Management Department, Mr. Au Anh Tuan speaks to enterprises.

Speaking at the seminar, the Deputy Director General of Vietnam Customs, Mr. Vu Ngoc Anh said that the purpose of amending Circular 38/2015/TT-BTC as well as the issue of a new Circular on the origin of goods was to implement the Government's direction on further administrative reform and improvement of the business environment. In addition, in recent times, a series of new legal documents related to Customs activities and import-export have been issued. Along with the implementation of a series of new agreements that Vietnam has participated in, Vietnam should concretize issues related to Customs procedures in legal documents.

The amendment and supplementation of Circular 38/2015/TT-BTC is also to create favourable conditions for the Customs force to meet the objective that the Customs force will apply information technology for non-paper documents; strengthen connection among Customs and other relevant authorities and enterprises; and overcome shortcomings of enterprises after two years of implementation of State management agencies.

The Deputy Director General of Vietnam Customs, Mr. Vu Ngoc Anh said that the amendment and supplementation of the Circular was to help both parties (enterprises and State management agencies) see the advantages and efficiency of the strict implementation of the Law. Accordingly, Customs officers will not let a few fraudulent enterprises affect the business community.

At the seminar, representatives of professional units under the General Department of Vietnam Customs fully disclosed the contents for amendment and supplementation in Circular 38/2015/TT-BTC and the Circular on inspections and determination of origin of exported and imported goods.

According to Mr. Au Anh Tuan, the Deputy Director General of the Customs Supervision and Management Department (under the General Department of Vietnam Customs), the spirit of the Circular is the application of information technology system to ensure the procedures to be implemented simply and transparently, preventing troubles and harassment for businesses.

Regarding the contents presented at the seminar, participants contributed many ideas on the issues as follows: Customs dossiers; the time of notification of the distribution of goods; additional Customs declarations; enterprises to submit the certificate of origin; and the time of filing certificate of origin.

A representative of the Vietnam Business Forum said that the Customs force should classify enterprises and have heavy penalties for enterprises violating the Law. New regulations need to be revised to ensure the principle of administrative reform to be simple and harmonized, facilitating enterprises.

The GIG Project specialist has recommended that Customs declarants should conduct additional declarations before the Customs force notices the examination of Customs dossiers. Also, enterprises may conduct additional declaration in the case where the cause of fault in the previous declaration is reasonable.

Some enterprises have proposed that the Customs force should specify the mechanism and time of responding to Customs declarations for enterprises to meet business requirements. Because in fact, with electronic enterprises, they conduct Customs declarations 24 hours per day.

In the afternoon of the same day, at the meeting, many enterprises focused on discussing the amendment and supplementation for processing and export production; import-export duty and tax administration for imported and exported goods, Customs clearance sites and submission of finalization reports. Many enterprises suggested that Customs clearance procedures for raw materials, machinery and equipment imported for processing; and raw materials and materials imported for the production of exported goods, should be implemented at Customs Branches.

Regarding opinions and proposals of enterprises at the seminar, the representative of the General Department of Vietnam Customs said that the Customs force would note them to complete the two draft circulars. Particularly for the type of processed materials for exports, Vietnam Customs will hold another seminar to discuss regulations on this type.

20th March 2017: Online exchange on amendment and supplementation of Circular 38/2015 / TT-BTC VCN- From 9 am to 11 am on 20th March 2017, the Customs Newspaper will hold an ...

According to the plan to consult the business community on the two draft circulars above, on 14th March 2017 and 15th March 2017, the General Department of Vietnam Customs continued to consult local Customs Departments and the business community in the south to accomplish these circulars.