Specialized inspections: Many goods inspected, increasing time

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Customs officers at Sai Gon Port, Zone 3 check imported goods. Photo: T. Hoa.

Under Decision 2026/QD-TTg, the deadlines for Ministries to amend the system of legal documents on specialized inspections were the fourth quarter of 2015 and the first quarter of 2016. According to statistics of the General Department of Vietnam Customs, to 30 November 2016, there were 365 legal documents on specialized inspections for imported and exported goods issued by competent authorities, including 22 Laws and ordinances; 90 Decrees and Decisions of the Government and the Prime Minister; 253 Circulars and Decisions of the Ministries related to the field of specialized inspections for quality of commodities; food safety inspections; quarantine; cultural tests; and regulations on import and export licenses as well as import and export conditions. To 25 November 2016, there were 63 of 87 legal documents which were not modified and supplemented.

According to Mr. Ngo Minh Hai, the Deputy Director of the Customs Control and Supervision Department (under the General Department of Vietnam Customs), specialized inspections for imported goods have caused major obstacles for enterprises, prolonged the clearance time of goods and increased the cost of businesses in recent times. Mr. Hai said the fundamental cause was that there were not many changes and reforms in methods of specialized inspections, which meant a great number of goods were inspected, increasing clearance time.

One of the legal documents which has had a significant impact on the quantity of goods during the clearance of goods is the Law on Quality of Products and Goods in 2007, in Clause 4 of Article 34: "Imported goods in Group 2 (products and goods which may be unsafe) should be checked on quality when being imported into Vietnam". According to the provisions of Article 5 of the Law on Quality of Products and Goods; and Article 3 of Government Decree 132/2008/ND-CP of 31 December 2008 detailing the implementation of some articles of the Law on Quality of Products and Goods, most of the Ministries have issued a list of goods in Group 2. Therefore, the number of goods subject to quality control when conducting procedures for import is very high.

Or Clause 1b of Article 38 of the Law on Food Safety in 2010 regulated that "Food, food additives, utensils, packaging materials and boxes of imported food must be issued certificates of results for imported food in each shipment". Under the provisions of Clause 1b, most import shipments with the above goods must have food safety inspections.

The Ministry of Science and Technology’s Circular 01/2009/TT-BKHCN 2009, Circular 27/2012/TT-BKHCN 2012 and Decision 1171/QD-BKHCN in 2015 regulate: Imported goods subject to State control of quality (group 2) have Customs clearance when the functional forces announce that imported goods meet the quality requirements. The Ministry of Industry and Trade’s Circular 48/2011/TT-BCT in 2011 and Circular 08/2012/TT-BCT in 2012 specify that imported goods in Group 2 must be checked to enjoy incentives of the Ministry of Industry and Trade. Besides, the Ministry of Agriculture and Rural Development’s Circular 34/2014/TT-BNNPTNT in 2014 specifies that imported salt must be tested and evaluated in terms of quality when being imported. The Ministry of Construction’s Circular 14/2010/TT-BXD in 2010 also specifies that enterprises importing ceramic tiles must present to Customs officers at border gates the certificate of conformity and quality of products and goods in accordance with the Law.

Mr. Hai said that the reform of specialized inspections was not promoted. Specifically, specialized inspections have been mainly implemented by manual methods, without applying methods of risk management; lacking analysis of the observance of the Laws of enterprises; lacking application of international practice and the application of information technology in data exchange and announcement of results of specialized inspections. Resources (including human resources, finance, equipment, machinery and means of work) for implementation of specialized inspections for exported and imported goods at the border gate have been limited and weak. At most international border gates in Vietnam including road, sea and air routes, there have been no representatives of the inspection agencies for food safety, quality control and commodity standards.

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