Need to have a specialized process of customs supervision at Binh Nghi (Lang Son)

Customs officers supervise import and export activities by riverway at Binh Nghi sub-border gate. Photo: H.Nụ

Many difficulties

According to the Tan Thanh Customs Branch, after conducting on-site inspections of customs operations at the Binh Nghi sub-border gate and holding discussions with Chinese authorities, the two governments have not yet reached a consensus on a specific timeline for resuming full cargo clearance activities.

Currently, cross-border road transport via marker 1035 is conducted using a shuttle system where either Chinese trucks transport imports to Vietnam or Vietnamese trucks cross into China to pick up imports; similarly, Vietnamese trucks deliver exports to China or Chinese trucks collect exports from Vietnam.

For traditional river transport, the Tan Thanh Customs Branch reports that an agreement was reached between Vietnam and China during a meeting on December 28, 2023.

The Binh Nghi sub-border gate currently has three cargo loading docks along the Ky Cung River, all within the customs operating area: Na Man dock (4 km downstream from the border gate), a dock near Thanh Phat beach (3.5 km downstream), and a dock near marker 1036/2. The latter two are located outside the border gate area.

Transporting goods by river from Na Man and Thanh Phat docks to the border gate is hindered by long distances, shallow water levels during the dry season, and two narrow rapids where vessels can easily run aground. Moreover, the Binh Nghi Customs lacks watercraft for surveillance and anti-smuggling activities. In contrast, the distance between the cargo handover point at dock 1036/2 and Chinese handover points is only 150-500 meters.

There are three cargo storage, inspection, and supervision areas located outside the border gate: Thanh Phat Trading and Investment Company, Thuan Phat Lang Son Trading Company, both in Na Man village, Dao Vien commune; and Van Son Company in Na Cooc village, Dao Vien commune. Only Binh Nghi Thien Truong Import-Export and Service Joint Stock Company's storage area in Pac Lan village, Dao Vien commune, is located within the border gate.

Tan Thanh Customs emphasizes that the area under customs supervision at the Binh Nghi sub- border gate, as carried out by the Binh Nghi Customs Professional Technique Team, is defined by Government Decree No. 01/2015/ND-CP of January 2, 2015.

The Binh Nghi Customs Professional Technique Team consists of five officials responsible for customs procedures, inspection, supervision, and anti-smuggling activities. With its current staffing and responsibilities, the task force cannot simultaneously supervise all four storage areas, gate B1, gate B2, and dock 1036/2 (seven locations) under conditions of simultaneous road and river clearance. Therefore, the Tan Thanh Customs suggests adopting a mobile surveillance approach and assigning supervisory responsibilities without requiring continuous on-site presence at these locations.

Notably, developing a supervision process for cross-border road transport via marker 1035 requires careful study and research before issuing specific regulations suitable for the actual situation.

Need to have appropriate supervision process

To ensure optimal customs supervision of import and export goods and mitigate risks in the immediate term, the Tan Thanh Customs proposes establishing a supervision process whereby Chinese trucks transport imported goods to Vietnam and deliver them to designated storage and inspection areas within the border gate.

For the supervision of imported vehicles and goods, the Tan Thanh Customs will study and implement management and supervision measures similar to those employed at the Huu Nghi International Border Gate. Specifically, consignors and vehicle drivers will be required to declare the following electronic import cargo declaration form (Form 119) as per the General Department of Vietnam Customs' guidelines; the Automated Customs Management and Supervision System for Imports and Exports (VASSCM) at the storage location; the Ecustoms V5 system; inspection and supervision forces will be stationed at Gate B1, the storage area, and Gate B2 to carry out supervision tasks in accordance with legal documents and the import and export goods supervision procedures accompanying Decision No. 1966/QD-TCHQ dated July 10, 2015, issued by the Director General of Vietnam Customs.

While the Binh Nghi sub-border gate has not yet implemented the Digital Border Gate Platform, the Tan Thanh Customs will use Import Vehicle and Cargo Registration Forms for tracking and customs supervision.

For exports, the Tan Thanh Customs Branch proposes adopting the delivery method used at the Tan Thanh border gate. Goods from the storage area will be handed over to the supervising official at Gate B1 and tracked using Export Vehicle and Cargo Tracking Forms and certification minutes (for batches of goods requiring physical inspection or high-value goods).

Regarding the import and export of goods at dock 1036/2 within the border gate area, the Tan Thanh Customs proposes using Export Vehicle and Cargo Tracking Forms and certification minutes (for batches of goods requiring physical inspection or high-value goods) to track and supervise the movement of export goods from external storage areas to dock 1036/2 and their handover to the supervising official at dock 1036/2.

The imported goods will be directly transported to the designated import and export goods storage and inspection area (Thien Truong yard) within the border gate for management and supervision."