Ho Chi Minh City Customs removes obstacles for logistics businesses

Ho Chi Minh City Customs committed to creating favorable conditions for logistics businesses. Photo: T.H

Note the declaration of HS code

Talking to businesses, representatives of Ho Chi Minh City Customs Department answered many questions of logistics enterprises around customs procedures, such as the policy of bringing goods to preserve while waiting for specialized inspection results; issues related to HS Code; origin of goods; at the same time also shared the difficulties of state management agencies for backlogged goods stored at inland ports; and the difficulties of port operators.

Notably, related to the problems of some businesses in declaring HS codes, Mr. Dang Thai Thien, Deputy Head of Customs Control and Supervision Division - Ho Chi Minh City Customs Department, noted to businesses that the HS code is now implemented according to the 2022 version of the WCO, which has been internalized by the Ministry of Finance by Circular 31/2022/TT-BTC dated June 8, 2022, being effective from December 30, 2022.

The current preferential import tariffs and special incentives of Vietnam are also designed on the basis of Circular 31/2022/TT-BTC mentioned above. To classify goods according to HS codes, it is necessary to firmly grasp the 6 Rules of Classification, and carefully study the explanatory notes of Sections, Chapters, Groups and Subgroups of the HS System.

Therefore, if businesses regularly clear customs procedures, they should send employees to attend intensive training classes on this content, to avoid errors. To consult the specific HS code of a certain item that the customs declarant still finds difficult, the enterprise can use the following methods, such as exercising the right to pre-determine the HS code according to the provisions of the customs law.

Procedures and documents are specified in Circular 38/2015/TT-BTC amended and supplemented by Circular 39/2018/TT-BTC; look up information on the Portal of the General Department of Customs and local customs departments; consult with the Import-Export Tax Department, Ho Chi Minh City Customs Department, or directly contact the customs branch where the procedures are done.

Noting businesses about the difference between HS on the customs declaration and on the C/O, Mr. Dang Thai Thien said that when carrying out customs procedures for export and import goods, the customs declarant must declare according to the HS code of their country on the customs declaration, but when applying for a C/O, the exporter must declare it according to the HS code of the importing country, and this leads to the fact that there is a difference between the HS on the customs declaration and C/O.

In order to solve this problem, Article 15 of Circular 38/2018/TT-BTC has been amended and supplemented with Circular 62/2019/TT-BTC of the Ministry of Finance. Accordingly, on a case-by-case basis, the Customs authority will make a decision, such as: rejecting the C/O, accepting the C/O, or verifying the C/O according to regulations.

Mr. Nguyen Huu Nghiep, Deputy Director of Ho Chi Minh City Customs Department discussed and answered questions of businesses

Avoid leaving too much inventory

Regarding some questions from businesses about the customs inspection of goods in transit, Deputy Director of Ho Chi Minh City Customs Department Nguyen Huu Nghiep said that in order to control transit goods, besides facilitating commerce, Ho Chi Minh City Customs Department has focused on strict control, in order to prevent cases of violations, taking advantage of transit services to smuggle and exchange goods.

In order to avoid affecting legitimate businesses, leaders of Ho Chi Minh City Customs Department directed border-gate customs branches, in the process of performing operations for transit goods, to carry out key inspections, and only check when there are signs of violations. Accordingly, for suspicious shipments, Customs will stop customs clearance and conduct a physical inspection. In addition, branches make more use of non-invasive testing tools, such as container scanners.

To create favorable conditions for enterprises transporting goods in transit to comply with customs laws, Ho Chi Minh City Customs Department suggested that businesses with information related to the subject of the violations on the transportation of goods in transit can exchange and provide information to the Customs for classification and management of enterprises. "If there is no information, it is difficult for the Customs to have enough basis to classify enterprises to have a solution to serve enterprises that comply with customs laws," suggested Deputy Director Nguyen Huu Nghiep.

Regarding the handling of backlogged goods at the border gate, according to current regulations, the procedure for obtaining funding for handling backlogged goods is more difficult and time-consuming than before.

To avoid these difficulties, the Ho Chi Minh City Customs Department suggested related parties coordinate in handling backlogged goods expeditiously and on time.

In addition, the carriers must also be responsible and actively handle backlogged goods in accordance with the Government's Decree 169/2016/ND-CP dated December 27, 2016, on handling goods stored by the carrier at Vietnamese seaports, etc.

Businesses participating in Morning Coffee organized by Ho Chi Minh City Logistics Association (HLA)

Responding to businesses' problems with customs declaration for electronic trading floors, a representative of Ho Chi Minh City Customs Department said that currently, the General Department of Customs is presiding over the consultation of relevant parties to submit to the Government for approval of the Decree on Customs Management for exported and imported goods transacted via e-commerce. When the Government issues this Decree, there will be regulations on customs declaration for e-commerce exchanges.