Procedure of taking goods into custody for checking quality

Readers reflected that: Imported goods were allowed to be taken back for preservation on the electronic systems by Manager of Customs, and enterprises also attached a copy of 09/BHQ/GSQL Annex V issued with Circular 38/2015/TT-BTC about approval for allowing the company to take back goods and store in warehouse during the waiting time for checking quality. However, when moving to supervision area of Customs Branch, except from container list, Customs officers require a written record of transferring for custody of goods, signed by representatives of the company and Customs supervision, photocopy sample 09/BQHH/GSQL approved by the Manager and presented to Customs supervision.

Thus, it has affected seriously the procedures of taking goods for preservation because enterprises must photocopy form 09/BHQ/GSQL above and wait for record of transferring while the system shows the approval of the Manager taking goods into custody in storage during waiting time for checking quality.

Also: “Is this procedures prescribed in Article 32 of Circular 38/2015/TT-BTC of the Ministry of Finance or not? Does the enterprise have to photocopy form 09/BHQ/GSQL in order present to supervisor or not? In which document is this procedure specified?

To answer the questions, Customs Control and Supervision Department said that the procedures for taking goods into custody comply with Article 32 of Circular No. 38/2015/TT-BTC dated 25 March 2015 of the Ministry of Finance.

Accordingly, Form 09/BQHH/GSQL Annex V issued together with the above Circular are applied to the case where goods have to be inspected for quality, checking food safety and Customs declarants request to take the goods into custody.

The Manager of Customs Branch where enterprises registered confirmed declaration for taking goods into custody. “The declarant is responsible before the law in transporting goods and preserves the status quo until the result of the inspection is released and meets the import requirements. Then Customs agency will issue clearance decision.”

In cases of having doubt, enterprises are encouraged to send documents to the General Customs Department and specifying their questions, Customs Branch where they did Customs procedure, type of Customs procedure, type of goods etc for getting specific instructions.