Consulting on customs control for e-commerce imports and exports

Procedures for e-commerce imports and exports to be issued

Illustrative photo.

According to the drafting committee, the drafting of the decree aims to create a transparent and full legal frame work on management policies and e-customs procedures to facilitate organizations and individuals in importing and exporting e-commerce products; to meet the requirements of effective customs management and reform; and to contribute to the development of e-commerce.

Accordingly, the Decree regulates customs procedures for e-commerce imports and exports.

The Decree provides regulations on inspection and specialized management for e-commerce imports and exports; electronic customs data processing system for e-commerce imports and exports.

Applicable subjects include: owners of websites providing e-commerce services, applications providing e-commerce services, e-commerce websites, e-commerce applications; enterprises transporting e-commerce imports and exports or agents of enterprises transporting goods in Vietnam;

Customs brokers; owners of e-commerce imports and exports; bonded warehouse operators; postal service providers, express delivery service providers. Enterprises operating sites for centralized collection, inspection and supervision of postal and express delivery goods;

Credit institutions, foreign bank branches, organizations providing intermediary payment services; other organizations and individuals with rights and obligations related to e-commerce imports and exports; Customs authorities, customs officials, and relevant state management agencies.

According to Article 13 of the draft Decree, the regulations on exemption from licenses, conditions, and specialized inspections for e-commerce imports and exports are as follows:

1. Cases of exemption from licenses, conditions, and specialized inspections: a, imports and exports are exempted from licenses, conditions under the provisions of the law on foreign trade management, and exempted from specialized inspections under the provisions of specialized laws.

Option 1: b, goods on the List of e-commerce imports and exports are exempted from licenses, conditions, and specialized inspections under the decision of the Minister of the management ministry.

Option 2: b, e-commerce imports and exports with customs value for each item in the order from VND2,000,000 or less or over VND2,000,000 for single imports (except goods subject to quarantine, goods under the management list of the Ministry of Culture, Sports and Tourism, goods under the list of scrap allowed to be imported) are exempted from licenses, conditions, and specialized inspections but not more than 04 times/year and the total value of exempted goods does not exceed VND96,000,000/year for each organization or individual.

2. The cases of exemption from licenses, conditions, and specialized inspections prescribed in Clause 1 of this Article shall not apply in cases where the management ministries have warnings about food safety, disease spread, harm to human health and life, environmental pollution, impact on social ethics, customs, harm to the economy, national security, social order and safety, or have a written notice to stop applying the specialized inspection exemption regime.

The draft strictly prohibits individuals and organizations from collecting goods under the standards of exemption from licenses, conditions, and specialized inspections of organizations and individuals purchasing e-commerce imports and exports.

In cases where goods are not subject to the provisions of Clause 1 and Clause 2 of this Article, customs declarants shall carry out procedures related to specialized management and inspection in line with the provisions of law.

E-commerce is an inevitable trend in the current period in Vietnam as well as in other countries around the world. According to the Ministry of Industry and Trade, the size of the Vietnamese market in 2024 will exceed US$25 billion, an increase of 20% compared to 2023.

With the high growth rate of e-commerce, the management policy mechanism of state agencies must change in line with the development of e-commerce activities, especially e-commerce imports and exports.

Currently, Vietnam has not provided specific regulations on the management of e-commerce imports and exports, so customs procedures for e-commerce imports and exports are carried out as for normal goods.