Shortcomings in specialized inspection cause delay in reform

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Customs officers at Noi Bai International Airport inspect imports and exports. Photo: N.L

Many policies are not clear

During processing customs clearance, the Customs detected problems in the implementation of regulations on foods safety inspection for some food items subject to management under the provisions of Decree No. 15/2018/ND-CP dated February 2, 2018, of the Government stipulating the implementation of several articles of the Law on Food Safety. Appendices II, III, and IV, issued together with Decree No. 15/2018/ND-CP, stipulates the list of food products/product groups; goods under the management of the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade.

However, through the review of the list of goods subject to food safety inspection with H.S. codes of the Ministry of Agriculture and Rural Development, the Ministry of Health and the Ministry of Industry and Trade under Circular No. 11/2021/T.T. -BNNPTNT dated September 20, 2021, Circular No. 28/2021/TT-BYT dated December 20, 2021, Decision No. 1182/QD-BCT dated April 6, 2021, some items specified in appendices of II, III, IV of Decree No. 15/2018/ND-CP are not provided in these circulars and decisions of the ministries. For example, sunflower seeds, chestnuts H.S. code 20081991; barley tea H.S. code 20089990; balls for hot pot and curry H.S. code 21041099; soup products (mushroom soup, cream soup, spicy beef soup...) and broths of heading 2104.

The General Department of Vietnam Customs said that it is necessary to clarify regulations for items subject to food safety inspection under the provisions of Decree No. 15/2018/ND-CP, but failing to be specified in the list of goods issued together with Circular No.11/2021/TT-BNNPTNT, Circular No. 28/2021/TT-BYT dated December 20, 2021, Decision No. 1182/QD-BCT dated April 6, 2021, whether they are subject to food safety inspection when importing or not? Furthermore, which does specialized ministry perform (the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade or the Ministry of Health)?

In addition, Section 6, Appendix II of Decree 15/2016/ND-CP stipulates that "other products not specified in the lists of the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development" will be under the management of the Ministry of Health.

Therefore, the ministries also should clarify whether items are not specified in the List of the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development under Decree 15/2016/ND-CP and are not subject to a food safety inspection of these ministries, will be managed by the Ministry of Health for a food safety inspection or not?

To process customs procedures for enterprises, the GDVC proposes that the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development respond to the matter for the Customs to perform in a unified manner.

Enterprises have also reflected shortcomings in implementing procedures due to the lack of management policies. For example, the legal framework for importing and consuming e-cigarettes in Vietnam. The current management measures are mainly prevention and do not allow the import and are instructed by the state management agencies. These are a bottleneck for businesses when accessing the market. Meanwhile, e-cigarette products are widely traded. Therefore, the Ministry of Industry and Trade should issue or submit to the competent authority to issue regulations on these products.

Enterprises have also raised the obstacles in importing sturgeon. The verification of the sturgeon is crucial in determining the species of sturgeon permitted to be traded in Vietnam.

However, the units assigned by the Ministry of Agriculture and Rural Development to coordinate with the Customs in the assessment and conclusions for these items have not yet provided specific assessments of whether the item is allowed to be imported under the CITES or traded in Vietnam or not. This not only creates difficulties for the customs authorities but also causes damage to importers.

Reform expectations

The obstacles and overlapping in management policies and specialized inspection have existed for a long time. When Decision 38/QD-TTg of the Prime Minister approves the Project on reforming the model of quality inspection and food safety inspection for imported goods, promulgated in 2021 is expected to be the breakthrough and remove the current shortcomings. The Ministry of Finance will build a Decree stipulating the management mechanism, methods, order and procedures for quality inspection and food safety inspection for imported goods.

During two years of building the draft decree, the drafting agency has held meetings and seminars with ministries, agencies and businesses to gather feedback and complete the draft decree. The drafting agency has revised the draft and followed reform contents approved by the Government. The GDVC has worked with ministries and sectors to reach a unified plan.

At the latest meeting with representatives of ministries and sectors, there were some opinions; Deputy Minister of Finance Nguyen Duc Chi affirmed that the draft Decree, even though it only provides the procedures but greatly influenced the reform process of many related units.

The Ministry of Finance and the General Department of Vietnam Customs hope to develop set out long steps for the reform of specialized inspection. The Deputy Minister said that we hope the ministries and sectors agree with the policy and provide appropriate solutions and procedures.