Effective control of import and export precursors through analysis and inspection

Mrs. Le Thi Kim Loan, Deputy Head of Inspection Department, Customs Department of Goods Verification

Could you please share about the role of analysis and testing in controlling exported and imported precursors?

Precursors are complex commodities with a wide variety of types. According to Decree 57/2022/ND-CP, there are 42 Group 1 industrial precursors and 18 Group 2 industrial precursors. However, in reality, numerous exported and imported goods have the potential to contain drug precursors. Shipments containing more than 1% of Group 1 industrial precursors and more than 5% of Group 2 industrial precursors require export and import licenses and are subject to specific regulatory control. Therefore, understanding the nature, components, and content of goods to determine their classification under precursor regulations is crucial.

The Customs Department of Goods Verification possesses in-depth expertise in chemicals and merchandise science. In addition to utilizing analytical equipment to determine the composition and nature of goods, the department can also analyze data from the industry's business system to identify the nature of goods and predict high-risk precursor shipments, thereby advising the General Department of Vietnam Customs on cargo control.

Currently, the Customs Department of Goods Verification has analyzed numerous product sectors through inspection and classification activities. Through customs inspection, internal audits, and system reviews, the department has identified several high-risk commodity groups for industrial precursors and detected numerous violations involving goods containing industrial precursors.

Specifically, what results have been achieved in the control of imported and exported goods containing precursors at the Customs Department of Goods Verification in recent times, madam?

Over the years, the Customs Department of Goods Verification has detected numerous types of goods containing industrial precursors through the analysis and inspection of goods using specialized equipment. Accordingly, approximately 100 notifications of results containing industrial precursors have been issued, primarily for precursors such as acetone, toluene, methyl ethyl ketone, acetic acid, hydrochloric acid, sulfuric acid, and formic acid found in declared goods like organic solvent mixtures, cleaning agents, polymers, adhesives in organic solvents, plating compounds, and other chemical mixtures. In some cases, goods declared to contain Group 2 precursors with a content of less than 5% were found upon analysis to have a precursor content exceeding 5%, which requires an import license.

The analysis and inspection results serve as the basis for the inspection unit to compare with the declared content on the customs declaration for further processing as prescribed.

Additionally, through internal audits, the Customs Department of Goods Verification has identified certain types of goods containing precursors and has requested the inspected unit to review and verify whether they fall under the scope of policy management as regulated.

During the process of analysis and inspection, did the unit encounter any difficulties or problems, madam?

The first challenge in analyzing and testing precursors is the constant changes in Decrees, Circulars, and guiding documents on precursors and drugs, requiring units to update and disseminate information promptly. According to Decree 57/2022/ND-CP, there are up to 60 types of Group 1 and Group 2 industrial precursors, with diverse components and chemical formulas. Goods containing precursors are varied and complex, encompassing numerous types, while regulatory documents are unclear and incomplete, hindering customs management.

Additionally, goods management is governed by multiple documents, such as the Commercial Law, Foreign Trade Management Law, and Chemical Law, with some ministerial guidelines lacking comprehensive coverage. Furthermore, inconsistent management by specialized ministries, with varying license approvals for identical goods and importers, poses challenges.

Moreover, many other types of precursors concealed within goods without technical documentation present difficulties for analytical units, including the Customs Department of Goods Verification.

From such difficult and entangled realities, what suggestions and recommendations do you have to improve the effectiveness of analysis and testing of precursor chemicals for import and export goods?

Currently, customs inspection has not been fully codified in all legal normative documents. Customs inspection activities are being conducted according to the guidance of Decision 2999/QD-TCHQ dated September 6, 2017, issued by the General Department of Customs on promulgating the Regulations on inspection and analysis of imported and exported goods, which is a guiding document of the General Department of Customs. Therefore, it is proposed that the General Department of Customs pay attention to codifying customs inspection activities in legal normative documents, so that the Customs Inspection Department has a basis for implementing customs inspection and control of imported and exported goods in accordance with the provisions of international conventions signed by Vietnam and the regulations of ministries and sectors.