HCM City Customs held a dialogue and supported on training FDI enterprises

Customs officials share with EuroCham businesses. Photo: L.T

Hundreds of businesses attend

Throughout late September and early October 2024, HCM City Customs, in collaboration with the European Chamber of Commerce in Vietnam (EuroCham) and the Japan Chamber of Commerce and Industry, organized two dialogue and training sessions for businesses affiliated with these associations.

According to HCM City Customs, both events attracted numerous business leaders and customs officials to discuss and share insights on critical topics related to import-export regulations, customs procedures, and the impact of new regulations on businesses. This dialogue aimed to promote transparency, rationalize customs procedures, and address the challenges faced by businesses navigating Vietnam's legal landscape.

Through these sessions, representatives from HCM City Customs shared the administrative reform solutions implemented by the Department to support businesses in their import-export activities. Notably, the modernization and application of information technology software in the management and clearance of goods have been highlighted. The digitalization efforts of customs have not only helped businesses reduce operational risks but also enabled customs authorities to enhance their management capabilities and combat trade fraud.

Key topics discussed included the complexities surrounding product origin documentation, HS code classification, and transfer pricing issues. Group discussions led by representatives from HCM City Customs addressed common misconceptions in declaring product origins, advocating for greater clarity and cooperation between businesses and customs authorities.

Additionally, customs authorities shared information with businesses about electronic certificates of origin for EU exports. Integrated into these sessions, HCM City Customs also conducted in-depth training for businesses. Specifically, Deputy Head of the Import-Export Duty Division, Truong Thanh Xuan, provided guidance to businesses on determining HS codes, implementing taxes, and customs consulting.

Appreciating the proactive support of HCM City Customs, EuroCham Vice President Jean-Jacques Bouflet emphasized that the cooperation between customs authorities and the European business community helps businesses stay updated on current regulations, ensuring that import-export activities are conducted in compliance and smoothly.

Both EuroCham and HCM City Customs reaffirmed their commitment to ongoing dialogue and improvements in customs procedures to support the business community. EuroCham will continue to collaborate closely with customs authorities and its members to address challenges and promote cooperation for more efficient import-export processes.

Answering many professional questions

At these conferences, leaders of functional departments and customs branches under HCM City Customs have addressed numerous specialized queries from foreign-invested enterprises (FDI).

Organo Co., Ltd. (Vietnam) asked whether FDI exports to a processing zone and sold to a processing enterprise are considered on-site exports or direct exports.

In response to Organo Co., Ltd.'s question, HCM City Customs guided that the customs procedures for on-site imports and exports between domestic enterprises and processing enterprises are stipulated in Clause b, Paragraph 1, Decree 08/2015/ND-CP of the Government. Accordingly, on-site exports and imports include goods bought and sold between domestic enterprises and processing enterprises, and enterprises in non-tariff zones.

Customs procedures for goods bought and sold between processing enterprises and domestic enterprises are stipulated in Clause 2, Article 75 of Circular 38/2015/TT-BTC, as amended and supplemented by Circular 39/2018/TT-BTC dated April 20, 2018, of the Ministry of Finance. For goods bought and sold between processing enterprises and domestic enterprises: processing enterprises and domestic enterprises carry out customs procedures for on-site exports and imports according to the corresponding forms prescribed in Article 86 of this Circular.

NIEC Vietnam Transmission Systems Co., Ltd. asked whether, when requesting the disposal of waste products, enterprises need to establish and transmit norms to the system. A representative from Tan Thuan Export Processing Zone Customs Branch guided that Article 55 of Circular No. 38/2015/TT-BTC, as amended and supplemented by Clause 35, Article 1 of Circular No. 39/2018/TT-BTC dated April 20, 2018, of the Ministry of Finance stipulates: Waste products are finished products, semi-finished products that do not meet technical standards (specifications, dimensions, quality,...) and are discarded in the process of processing and producing export goods and do not meet the quality for export.

The responsibility of organizations and individuals is to store data, documents, and materials related to the determination of actual norms and to report the actual norms of the quantity of products produced annually to the customs authorities when reporting the final settlement as prescribed in Clause 2, Article 60 of this Circular.

In response to a question from an enterprise about the channels used by customs authorities to handle complaints, HCM City Customs stated that according to Article 7 of the Law on Complaints, "When there are grounds to believe that an administrative decision or administrative act is unlawful and directly infringes upon one's lawful rights and interests, the complainant may lodge a complaint for the first time with the person who made the administrative decision or the agency whose person has the administrative act, or file an administrative lawsuit with the court as prescribed by the Law on Administrative Procedures"

Decision 1788/QD-TCHQ dated June 21, 2021, of the General Department of Vietnam Customs promulgates the Regulations on the coordination of receipt, classification, and settlement of complaints at customs agencies, clearly defining the responsibilities of customs units in receiving and resolving complaints. When there is a complaint related to their rights, enterprises should contact the customs authorities directly for specific guidance.