Dong Nai Customs: Dialogue, removing obstacles, helping businesses comply with the law on customs

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The director of Dong Nai Customs Department, Phung Thi Bich Huong, discussed with businesses at the conference. Photo: N.H

In addition to disseminating new legal policies on customs, at the 2023 Customs-Business Dialogue Conference held on the afternoon of June 23, Dong Nai Customs Department removed many obstacles for businesses related to stipulating the regime of final settlement reports, processing contracts, certificates of origin of goods, quality inspection.

Speaking at the conference, Mr Vo Tan Duc, Vice Chairman of Dong Nai Provincial People's Committee, assessed that, in the past time. However, the economic situation of Dong Nai has been significantly affected by fluctuations in the world. However, with the cooperation and companionship of the local government and the business community's efforts to overcome difficulties, the operation situation of enterprises in Dong Nai province has been maintained stably.

"With the motto "government accompanies businesses", Dong Nai province's government is committed to always accompanying businesses, continuing to strengthen and focus on improving the investment and business environment, listening and answering questions of difficulties and obstacles, comments and recommendations of the business community", - Mr Vo Tan Duc affirmed.

Ms.Phung Thi BichHuong, Director of Dong Nai Customs Department, said that since the beginning of the year, Dong Nai Customs Department hadorganized 6 dialogue conferences and meetings with businesses at all levels of Customs Branches directly belonging to the Department. Therefore, the problems and recommendations of enterprises have been solved by Dong Nai Customs Department upon receipt.

According to Ms.Phung Thi BichHuong, at this conference, in addition to providing information on new laws and policies on customs, Dong Nai Customs Department and other departments and agencies look forward to continuing to listen to opinions, sharing and giving suggestions toassociations, branches and businesses. Thereby, Customs and state management agencies have solutions to improve management efficiency further and support businesses better. This will contribute to the sustainable development of partnerships and accompaniment between state management agencies and enterprises to fulfil their tasks, contributing to the common development of enterprises, industries, localities,and the whole country.

"Dong Nai Customs Department wishes the contents of new legal documents and policies, warnings of violations related to the state management of customs statistics and provided by Dong Nai Customs Department at the conference will be shared and spread by businesses to other related businesses to comply with regulations, contributing to creating a transparent, open, consistent, and convenient environment for import and export of goods in Dong Nai province"– Ms. Phung Thi Bich Huong emphasized.

At the conference, Dong Nai Customs Department removed many problems for businesses related to regulations on the final settlement reporting regime, processing contracts, certificates of origin of goods, etc.

Specifically, Promax Textile Vietnam Co., Ltd. raised the issue that the production model of each enterprise is different, leading to different processes, so the liquidation problem of importing for export manufacturing and importing for processing will be different. The company believes it is impossible to use the same process for both types.

Answering business problems, a representative of Dong Nai Customs Department said that, in essence, the two types of import, export and processing are different, and the current Vietnamese accounting regime for these two types isalso different. However, monitoringthe import-export situation of raw materials, supplies and products for these two types from import of raw materials, supplies, warehousing, export processing - production, stocking in finished products and stocking out finished products through usage norms and actual norms are the same. The basis for customs inspection is based on technical norms for production. Therefore, a Dong Nai Customs Department representative affirmed that the current regulations on finalization reporting for two types under the same process are appropriate.

Another enterprise also said it is signing a processing contract with a foreign partner with a term of 1 year. Enterprises ask about possibly signing a processing contract with a longer term.

According to a representative of Dong Nai Customs Department, based on Circular 39/2018/TT-BTC, if the processing contract has a term of more than 1 year, the contract's expiration date is the expiration date of the contract appendix approved by the Ministry of Industry and Trade, separated by year. Thus, the duration of the processing contract is unlimited. However, inthe case of a processing contract signed for more than 1 year, the company must open an appendix to the contract each year and make a final settlement report following regulations.

Another problem is that the supplier must complete a customs declaration before applying for a certificate of origin. This process takes a period and then sends the courier to Vietnam. This causes businesses to receive goods lateand be charged fees for storing containers and yards. The enterprise considers this provision unreasonable and proposes to allow the use of the scanned copy provided first and the original supplement later.

According to the representative of Dong Nai Customs Department, in Clause 4, Article 12 of Circular 33/2023/TT-BTC of the Ministry of Finance, the proof of origin is submitted to the customs authority in the form of electronic data or scanned copy certified by digital signature through the customs electronic data processing system according to Article 18 of Circular No. 38/2015/TT-BTC. This means that the business does not have to submit the original. In case the C/O is issued on the National Single Window (NSW), ASEAN Single Window, or on the website as notified by the competent authority of the exporter, the customs declarant is not required to submit it but must declare it according to the regulations specified in Clause 1, Article 11 of Circular 38. Enterprises are responsible for keeping the originals and presenting them to Customs for inspection. This Circular will take effect from July 15, 2023.

In addition, at the conference, Dong Nai Customs Department also answered many problems related to buying and selling goods abroad without going through the territory of Vietnam, HS code, quality inspection, etc.