Pinpoint some “hindering” specialized inspection documents to the development of enterprises

Items subject to compulsory food safety check are of great variety. Photo: T.H.

Recently, through focused working sessions, the General Department of Customs have been in coordination with the relevant functional units of ministries to review the system of legal documents on specialized management which should be amended and supplemented by Decision 2026 /QĐ-TTg of the Prime Minister and other legal documents related to valid professional management and specialized inspections. Based on the review results, the joint working group indicated that73 legal documents related to professional management and specialized tests under the jurisdiction of the ministries need to be amended and supplemented. The recommendations outlined are under the requirements of Government Resolution 19/2016 / NQ-CP.

The Ministry of Agriculture and Rural Development takes first place with the largest proportion of 27 legal documents needing to be amended and supplemented. In particular, the requirements for most of these textsare to strengthen risk management application, exempt or reduce inspections. For example, the provisions of sampling procedures for large orders specified in Circulars like: Circular 33/2014 / TT-BNN providing the sequence and procedures for inspection of plant imports, Circular 12/2015 / TT-BNN guiding food safety inspection of plant origin import goods, or Circular 06/2010 / TT-BNNstipulating the order of and procedures for quarantining aquatic animals and aquatic products should be supplemented in order to reduce the time and inspection cost, apply risk management and automate and integratethe National Single Window (NSW) in registration and paying for test results.

Besides, suchlow risk items under the management of the Ministry of Agriculture and Rural Development are also proposed to reduce the level of risk management by switching them into Group 1 (test before liquidation) such as: salt items (Circular 34/2014 / TT -BNNPTNT), andanimal feed ( stipulated in Circular 66/2011 / TT-BNN; Circular 50/2014 / TT-BNN; Circular 29/2015 / TT-BNN). On the other hand, the provisions on the certification of seed import before liquidation and production are also taken into consideration. Along with amending legislation in the direction of innovation, applying risk management, reduced rate inspection before Customs clearance, many documents of the Ministry of Agriculture and rural Development should announce both appropriate HS code lists and the list of export and import goods in 2015.

10 out ofthe 73 proposed documents under the jurisdiction of the Ministry of Industry and Trade are necessary to make amendmentsin many procedures and provisions because they hinder export and import activities. Notably, it is necessary to give consistent terms in someprovisions in Circular 37/2015 / TT-BCT which limits the residual content of formaldehyde and banned aromatic aminos from azo dyes in textile products. For example, the term “checking the suitability of dossier examination with the shipment” should be more clear. In this case, the record examination must be parallel with the actual inspection before giving the formal announcement about the items. Besides, the Ministry of Industry and Trade also need to apply risk management in enhancing commodity inspection exemption; mutual recognition, and implementing automatic registration and payment of the test results.

A regulation that both businesses and Customs authorities also face many obstacles in approval of the list of facilities and equipment required to comply with the regulations on energy labeling and minimum energy performance standards (Decision 51/2011 / QD TTg, Decision 03/2013 / QD-TTg, Decision 78/2013 / QD-TTg). Through the review process, the inter-agency working group proposed thata minimum energy performance check is done after clearance (before being put into circulation) in response to Resolution 19/2016 / NQ CP because many device installations may result in prolonged clearance of goods.

According to the recommendation of the inter-agency working groups, there are 9 texts of the Ministry of Health that needed to be amended and supplemented to conform to the requirements of Resolution 19/2016 / NQ-CP. For example, as stipulated in the Food Safety Law, Article 28 paragraph 1b, it is compulsory to have a food safety check onmany exported items before clearance such as: food, food additives, processing aids of food, utensils, packaging and containers of imported food.

Therefore, the Ministry of Health should specify two categories of imported items subject to food safety check including: high-risk items (list of goods subject to inspection before clearance) and low risk commodities (category of goods inspection before being put into circulation, consumption). Also, te Decree 38/2012 / ND-CP detailing a number of articles of the Law on Food Safety should addsome food safety inspection free items including: imported goods on duty-free pilots, gifts, donations and gifts of tax-free imports. Besides, the border medical quarantine procedures (stipulated in Circular 46/2014 / TT-BYT) have todeclare uniformly cases of medical quarantine for imported goods, and immigration vehicles.

To comply with the spirit of Joint Circular 13/2014 / TTLT / BYT-BNN-BCT on the State management of food safety, the Ministry of Health alsohave to clarify the concepts of safety food test exemption of samples and free inspection procedures which are specified in Decree 38/2013 / ND-CP (on the quantity and value of the sample). . .

Not only the Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, most of other proposals by some Ministries such as Ministry of Science and Technology and Communications Transportation, Construction, Information and Communication, Culture, Sports and Tourism, Natural Resources and Environment, Police, and Defense) mainly aim to reducethe rate of specialized inspection of goods from Customs pre- clearance to post-clearance, apply risk management and automated Customs information services in application and return import licenses.