Risk management widely applied in the management of imports and exports

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Customs civil servants of the Customs Branch at North Thang Long Industrial Park inspect import and export goods

Changes from policies

According to the General Department of Customs, specialised inspection has been revised significantly. Many legal documents have been amended and supplemented towards risk management-based inspection such as: inspection method and level has based on the law compliance of enterprises; many goods have been shifted from pre-customs clearance inspection to post customs clearance inspection and goods subject to inspection have been reduced; regulations that enterprises take responsibility for the quality of their imports and exports have been issued.

Some ministries have cut more than 50 percent of goods subject to specialised inspection and some regulations and administrative procedures at customs clearance stage have been abolished such as: circular No. 14/2018/TT-BNNPTNT of the Ministry of Agriculture and Rural Development cut some commodities subject to pre-customs clearance inspection; circular No. 10/2017/TT-BXD of the Ministry of Construction changed certification of conformity of goods as construction materials into post clearance; decision No. 3842/QD-BKHCN of the Ministry of Science and Technology cut more than 90 percent of commodities subject to quality inspection before customs clearance; and circular No. 08/2019/TT-BCA of the Ministry of Public Security promulgates a list of products and goods which do not need pre-customs clearance inspection.

In addition, the change of inspection method also has had significant impact on the number of shipments subject to pre-customs clearance inspection, like decree No. 74/2018/ND-CP dated May 15, 2018 amends and supplements articles of decree No. 132/2008/ND-CP, which changes the State management method based on risk assessment of goods, state inspection procedures of quality for imported goods in group 2 are implemented by considering the announcement of the conformity of importers.

Decree No. 15/2018/ND-CP dated February 2, 2018 replacing decree No. 38/2012/ND-CP dated April 25, 2012 detailing the implementation of some articles of the Law on food safety stipulates appropriate inspection methods based on the law compliance of enterprises with specialised inspection, adds goods exempted from inspection. Accordingly, 95 percent of imported shipments subject to State inspection on food safety were cut.

New policies in specialised inspection at border gates

Remarkably, on November 2019, the Government issued decree No. 85/2019/ND-CP stipulating administrative procedures according to National Single Window mechanism, ASEAN Single Window and specialised inspection for imports and exports. Accordingly, the decree details the application of risk management principles according to law compliance of organisations and individuals with the specialised inspection to ensure the efficiency of State management and to facilitate import and export activities.

Particularly, the specialised inspection principles are detailed: only goods, which are subject to at least one of causing insecurity, spreading epidemics, harming to human health and life, polluting the environment, affecting social morality, traditions and customs, hampering the economy and national security, are put on the list of imported goods subject to specialised inspection before customs clearance.

According to the General Department of Customs, based on Decree 85/2019 / ND-CP, the unit will advise the Ministry of Finance to urge ministries and sectors to review specialised inspection as assigned and relevant regulations in compliance with the principle of specialised inspection for import and export goods and transit goods described in Decree 85/2019 / ND-CP.

In the near future, the General Department of Customs will report to the Ministry of Finance for submission to the Prime Minister to amend and supplement Decision No. 1254 / QD-TTg, which continues to assign ministries and sectors to revise documents on specialised inspection in the direction of applying risk management principles in specialised inspections for imports and export.

One of the remarkable new points is that the General Department of Customs is developing a scheme on reforming the specialised inspection towards the Customs agency as a focal point for the implementation of specialised inspections at border gates (except for goods related to national security and defence and quarantine), and specialised management ministries perform post-inspection. This will be a new direction to reform specialised inspection for import and export goods under the Government's direction in resolution 99 / NQ-CP. This scheme is expected to be submitted to the Government in the first quarter of 2020.

Not only in specialised inspection field, the General Department of Customs has been implementing many activities and measures to computerise procedures and reduce administrative procedures in the field of customs, helping enterprises shorten customs clearance time and restricting direct contact between customs officers and enterprises.

In particular, risk management is increasingly a focus, expanded on the scope and content, professional techniques and applied in customs operations. The application of risk management in the declaration channel classification has achieved significant results, in which the physical inspection rate decreased to five percent in the first six months of 2019 and the inspection channel classification was based on the compliance assessment and risk classification of enterprises in customs operations.

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On November 15, 2019, the General Department of Customs advised the Ministry of Finance to promulgate circular No. 81/2019 / TT-BTC on risk management in customs operations to publicise the criteria for assessing law compliance, which specifies the risk application to customs operations for customs declarants, customs authorities, customs civil servants and State agencies in coordination in State management of customs; and organisations and individuals involved in import and export activities, transit of goods, entry and exit, transit of means of transport.