Several solutions on handling backlogged scraps at seaport

Imported scraps. Photo: N.Linh

Directives of General Department of Vietnam Customs had been sent to customs departments of Hai Phong, HCM City, Binh Đinh and Ba Ria – Vung Tau.

The General Department of Vietnam Customs has received reports of provincial customs departments on handling backlogged goods as scrap at seaport which was overdue for re-export and not in the list as stipulated in Decision 73/2014/QĐ-TTg and scrap ineligible for technical standards of the environment out of the territory of Vietnam as requested by the Customs authority but shipping lines have not implemented yet.

Therefore, the General Department of Vietnam Customs directed the units to apply some measures for handling. Specifically, for backlogged scrap in the list as stipulated in Decision No. 73/2014/QD-TTg dated December 19, 2014 of the Prime Minister and meeting national technical regulations on the environment, provincial customs departments should urgently establish the ownership of the people and organise an auction in accordance with the law and guidance at Point 2 of Official Dispatch No. 5918/TCHQ-GSQL dated September 9, 2020 of the General Department of Vietnam Customs.

Complete the signing of contract for hiring an auction organisation in accordance with the law and report the signing contract to the General Department of Vietnam Customs on January 29, 2021.

For scrap not in the list under Decision No. 73/2014/QD-TTg, pursuant to Article 58, Point c, Clause 1, Clause 2, Article 65 of the Law on handling of administrative violations, ordinal number 13, Section II Appendix Issued together with Decree No. 69/2018/ND-CP, Clause 10, Clause 1 Article 14 of Decree No. 127/2013 / ND-CP amended and supplemented in Decree No. 45/2016/ND-CP dated May 26, 2016 of the Government, the customs departments of provinces and cities determined the acts of transporting goods in the list of banned from import to Vietnam of shipping lines (shipping agents and shipping companies' representatives in Vietnam) for handling.

For scrap in the list as stipulated in Decision No. 73/2014/QD-TTg but not meeting national technical regulations on environment, pursuant to Clause 2, Article 28 of the Law on Commerce, Article 58, Point c Clause 1, Clause 2 Article 65 of the Law on handling of administrative violations, Clauses 7 and 12, Article 14 of Decree No. 127/2013/ND-CP, amended and supplemented in Decree No. 45/2016/ND-CP dated May 26, 2016 of the Government, customs departments of the provinces or cities determined the act of importing goods that does not meet the requirements of conditions, standards and technical regulations of the shipping company (shipping agent or shipping company representative in Vietnam) to handle each violation.

Besides that, the General Department of Vietnam Customs specifically guided the application of a decision on remedial measures for forcing to re-export or forcing to remove from the Vietnamese territory by shipping lines.

The General Department also guided the application of remedial measures for forcing to re-export or forcing to take goods out of Vietnamese territory, but violating individuals and organisations cannot re-export in accordance with the decision on the application of remedial measures or administrative sanctioning decisions of customs authorities and violating individuals and organisations having request document on implementing remedial measures as destroying goods immediately and bear the destruction costs for quickly recovering empty containers and reducing storage charges.