Policy on quality inspection of goods need to create facilitation and prevent fraud

Officials of Moc Bai Customs Branch, Tay Ninh Customs Department inspect import and export goods. Illustration photo: Thu Dieu

This is one of the Ministry of Finance's recommendations during the implementation of decrees guiding the Law on Product and Goods Quality. Specifically, regarding cases exempt from quality inspections, the Ministry of Finance believes that the current regulations lack a solid foundation for application, increasing the likelihood of businesses exploiting policy loopholes.

For instance, according to point c, clause 7 of Decree 132/2008/ND-CP as amended by clause 3, Article 1 of Decree 74/2018/ND-CP: "c, Advertising samples with no use value; samples for scientific research, research for production; samples for testing to serve the appraisal, certification of conformity with national technical regulations, and inter-laboratory testing." The Ministry of Finance argues that, in the event of amendments to these decrees, the drafting committee should clearly specify the appropriate number of samples and the basis for determining the purpose of research for production.

Additionally, clause 2, Article 1 of Decree 13/2022/ND-CP amends and supplements point p, clause 7, Article 7 of Decree 132/2008/ND-CP as amended by clause 3, Article 1 of Decree 74/2018/ND-CP, stipulating that imported goods exempt from quality inspection include: "p, Other types of goods not for business purposes (non-commercial) as decided by the Minister of the managing ministry, sector."

However, the managing ministries and sectors have not yet provided specific guidance for organizations, individuals importing goods, and customs authorities to implement this regulation, leading to difficulties in implementation. According to the Ministry of Finance, the definition of goods not for business purposes is very diverse and abundant in terms of type, quantity, and purpose of use, making it difficult to manage without specific regulations. Moreover, the procedures for requesting exemption from state quality inspection for imported goods not for business purposes (non-commercial goods), the form of exemption documents, and the required documents and forms to be submitted to customs authorities when importing exempt goods are unclear.

Regarding this issue, at the end of 2022, the Ministry of Science and Technology issued guidance on the implementation of regulations exempting from quality inspection for other types of imported goods not for business purposes as follows: Based on the documents of each type of goods and the importer's dossier, the Minister of the managing ministry, sector will consider and decide whether such goods are goods not for business purposes (non-commercial) to be exempt from quality inspection upon importation; the decision of the Minister of the managing ministry, sector shall be the basis for customs authorities to clear goods as prescribed."

The Ministry of Finance believes that, in reality, with the strong development of international e-commerce, individuals in Vietnam can easily order goods through websites, and goods are then shipped to Vietnam through express delivery companies. The types of goods on e-commerce platforms are diverse and abundant, with many products constantly being updated, ranging from low to high value. Meanwhile, according to the guidance of the Ministry of Science and Technology, to consider and resolve customs procedures, customs authorities rely on the dossiers and documents of the imported batch, reporting to the Minister of the managing ministry, sector for consideration and decision. This leads to delays and congestion of goods in express delivery warehouses as well as the customs clearance time of the customs authorities.

Therefore, to avoid policy exploitation and ensure the rights of organizations and individuals eligible for exemption from state quality inspection, the Ministry of Finance proposes that the drafting committee build a unified management policy. Specifically, it is suggested to study cases: imported batches of goods not for business purposes of individuals (without a tax code), conducting transactions through international e-commerce platforms, and to have regulations defining cases eligible for exemption from quality inspection (considering factors such as value and type of goods). In cases where goods need to go through the procedure of requesting exemption from state quality inspection, the Ministry of Science and Technology, based on the Law on Promulgation of Legal Documents, shall submit to the competent authority for issuance of relevant contents related to this procedure.