Joint Circular No. 110/2016/TTLT-BTC-BKHCN guides the coordination in quality inspection and customs clearance for imported goods.

JOINT CIRCULAR

GUIDELINES FOR COOPERATION IN QUALITY CONTROL AND CUSTOMS CLEARANCE OF IMPORTED GOODS

REGULATIONS ON IMPORT COMMODITY CLEARANCE

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014;

Pursuant to the Law on Product Quality and Goods Quality No. 05/2007/QH12 dated November 21, 2007;

Decree No. 132/2008/NĐ-CP December 31, 2008 Government Decree detailing implementation of certain provisions of the Law on Product Quality and Goods Quality;

Decree No. Government Decree No. 80/2013/NĐ-CP dated July 19, 2013 on administrative penalties for violations in the fields of standards, measurement, and product quality and goods quality; January 21, 2015 Government Decree detailing implementation of certain provisions of the Customs Law regarding customs procedures, inspection, supervision, and control;

Decree No. 08/2015/NĐ-CP November 20, 2013 Government Decree detailing implementation of the Commercial Law regarding international trade activities and foreign agency purchase, sale, processing, and transit goods;

Decree No. 187/2013/NĐ-CP dated November 20, 2013, of the Government detailing the implementation of the Trade Law regarding international goods trading activities and agency purchasing, selling, processing, and transiting goods with foreign countries;

Decree No. Government Decree No. 20/2013/NĐ-CP dated February 26, 2013 on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. Decision No. 36/2010/QĐ-TTg dated April 15, 2010 of the Prime Minister promulgating the Regulation on cooperation in product and goods quality inspection;

The Minister of Finance and the Minister of Science and Technology issue this Joint Circular to guide cooperation in quality inspection and customs clearance of imported goods.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the content of cooperation in quality inspection and customs clearance activities for imported goods subject to state quality inspection according to the law.

2. This Circular does not apply to imported goods as follows:

a) Luggage of incoming travelers; movable assets of organizations and individuals within tax-exempt limits;

b) Goods of diplomatic organizations and international organizations within the tax-exempt quota;

c) Samples for advertising without usage value; samples for scientific research and production-related research;

đ) Gifts and presents within the tax-exempt quota;

e) Goods exchanged by border residents within the tax-exempt quota;

g) Goods traded under temporary import-re-export regime;

g) Goods, materials, equipment, machinery temporarily imported for re-export not consumed in Vietnam;

i) Goods brought into bonded warehouses from abroad (this does not apply to goods brought from bonded warehouses into domestic markets for consumption);

k) Raw materials and components for processing for foreign traders, for export production;

k) Raw materials, materials, samples for processing for foreign traders, for export production;

m) Goods re-imported for repair, recycling, destruction at the request of foreign partners;

m) Re-imported goods for repair, recycling at the request of foreign partners;

n) Imported goods for urgent needs;

p) Goods exempted or subject to reduced quality inspections on a case-by-case basis as specified by the Ministry of Science and Technology;

p) Goods exempted from or subject to reduced quality inspection as specified by the Ministry of Science and Technology and other specialized ministries in specific cases.

Article 3. Imported radioactive goods and products with radioactive content shall be implemented in accordance with the Atomic Energy Law and detailed implementing regulations.

Article 2. Applicability

This Circular applies to:

Clause 1. The declarant under Clause 14, Article 4 of the Customs Law and Article 5 of Government Decree No. 08/2015/NĐ-CP dated January 21, 2015 detailing and guiding implementation of the Customs Law on customs procedures, inspection, supervision, and control.

Clause 2. The agencies inspecting the quality of imported goods include: state inspection agencies directly under specialized ministries; organizations designated by specialized ministries to perform state inspection functions for imported goods quality (hereinafter referred to as quality inspection agencies).

Clause 3. Organizations assessing conformity in terms of quality of imported goods;

Clause 4. Customs authorities, customs officers;

Clause 5. Other state agencies involved in the implementation of relevant contents stipulated in this Joint Circular.

Article 3. Principles of Cooperation

Clause 1. Quality inspection agencies and organizations assessing conformity shall conduct inspections and assessments of goods quality and report the results of such inspections and assessments in accordance with the Law on Product Quality and Goods Quality 2007, Government Decree No. 132/2008/NĐ-CP dated December 31, 2008 detailing implementation of certain provisions of the Law on Product Quality and Goods Quality, and circulars guiding implementation by relevant specialized ministries.

Clause 2. Customs authorities shall implement customs procedures, procedures for returning goods for storage, customs inspection, and supervision for goods returned for storage in accordance with the Customs Law, Government Decree No. 08/2015/NĐ-CP dated January 21, 2015 detailing and guiding implementation of the Customs Law on customs procedures, inspection, supervision, and control, and Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Minister of Finance on customs procedures; customs inspection and supervision; export duties, import duties, and tax management for exported and imported goods.

Clause 3. In addition to complying with the above-mentioned laws, quality inspection agencies, organizations assessing conformity, and customs authorities shall also fulfill the contents stipulated in this Joint Circular.

Chapter II

SPECIFIC PROVISIONS

Article 4. Coordination in Sampling and Inspection Activities for Imported Goods

1. The process of sampling goods and the sampling record to serve the conformity assessment of imported goods shall be carried out in accordance with guiding documents on standard certification and regulation compliance certification issued by specialized ministries responsible for state management of quality.

2. Sampling at the customs clearance location and customs inspection location:

a) The inspection agency, conformity assessment organization, and customs authority shall be responsible for coordinating the inspection and sampling time to ensure that each consignment is inspected and sampled only once (except where otherwise provided by law) to facilitate the declaration of goods by the declarant.

b) The declarant shall be responsible for notifying the customs supervision unit when the inspection agency or conformity assessment organization conducts sampling to implement goods monitoring as prescribed.

3. Sampling at the declarant's storage location:

a) When the customs authority processes the return of goods for storage, it shall be responsible for clearly recording on the declarant’s request form the date and time the consignment is transported to the domestic storage location; the declarant shall be responsible for notifying the inspection agency or conformity assessment organization when the consignment arrives at the storage location to organize inspection and sampling.

b) In case during sampling, if the conformity assessment organization discovers that the imported goods have quantities or types not matching the registration dossier; the condition of the goods does not comply with regulations such as packaging or seals not being intact (for goods with manufacturer packaging or sealing), then a sampling record shall be established, fully documenting any irregularities during sampling, while reporting in writing within a maximum of 24 working hours to the competent quality management authority and the customs authority for handling according to Article 7 of this Circular.

c) If the conformity assessment organization detects violations but fails to report them, they must bear responsibility and be subject to legal sanctions regarding product and goods quality.

4. The conformity assessment organization shall conduct the conformity assessment and send the results to the declarant within a maximum of seven days from the date of inspection or sampling. In cases where the conformity assessment period needs to be extended due to technical reasons or other objective reasons, the conformity assessment organization shall immediately notify the importer of the reasons and the deadline for issuing the conformity assessment results, which will be reported to the inspection agency and customs authority for permission to extend the period and follow up.

5. The conformity assessment organization shall conduct the conformity assessment and send the results (fax copy or image file) to the inspection agency within no more than four working hours from the issuance of the results.

Article 5. Coordination in Notifying Results of State Quality Inspections

1. The inspection agency shall carry out inspections and issue quality inspection result notifications within a maximum of three days from the date of receiving the conformity assessment results for consignments with complete valid documentation.

2. The quality inspection agency shall send the inspection results to the National Single Window Portal (if information connection is available) as stipulated in Article 35 of the Customs Law for the customs authority to clear the goods.

In cases where there is no connection with the National Single Window Portal, the inspection agency shall send the inspection result notification by fax or image file to the customs authority for clearance of goods.

In cases where the inspection result notification cannot be sent to the customs authority, the inspection agency shall send it to the declarant for submission to the customs authority for clearance of goods.

3. In cases where the inspection, conformity assessment, inspection results, or handling conclusions need to be extended due to technical reasons or other objective reasons, the inspection agency shall issue a written notice of the reasons and deadlines for returning inspection results or handling conclusions to the declarant and customs authority.

4. The model of the quality inspection result notification for imported goods shall be issued and implemented by specialized ministries responsible for state management of quality. It shall include a clear conclusion on whether the consignment meets or does not meet import quality standards and corrective measures (for non-conforming goods).

Article 6. Coordination in Providing Information

1. The agencies and organizations that need to exchange information include:

a) Customs authority;

b) Quality inspection agency;

c) Conformity assessment organization.

2. The information to be provided includes:

a) When the customs authority discovers during the customs clearance process that an imported consignment requires quality inspection and there is a risk of non-compliance with quality standards, it shall notify the quality inspection agency to pay attention during the inspection process, or request the quality inspection agency to conduct the inspection at the customs clearance location;

b) If the competent management agency, quality inspection agency, or conformity assessment organization has information indicating that an imported consignment poses a risk of violating quality regulations, or if it determines that an imported consignment of the same type as the goods under circulation does not meet quality requirements, they shall apply enhanced inspection measures at the import port, while simultaneously notifying the customs authority to cooperate in supervising the goods until the inspection results meet the quality requirements before releasing the goods;

c) If the quality inspection agency or conformity assessment organization discovers during the inspection and sampling process of a consignment brought for storage that the imported goods have quantities or types that do not match the registration documents, or if part or all of the consignment has been diverted, they shall handle the situation according to the guidance provided in Article 7 of this Circular or notify the customs authority to cooperate in handling the matter.

3. Means of Providing Information

a) Information means: telephone; fax; internet; postal service; express delivery; direct contact.

b) The relevant agencies and organizations are responsible for providing their telephone number, fax number, email address, and address to related agencies and organizations within the province, city, inter-provincial city (customs management area) for sending and receiving information as prescribed.

4. Forms of Providing Information: making phone calls, sending faxes, sending emails (between related agencies and organizations); issuing circular letters (for superior agencies); recording on page 2 of the Quality Inspection Registration Form (for the customs authority, inspection agency, and conformity assessment organization); recording on page 2 of the document requesting goods to be stored (for the customs authority) in handwritten form or by stamping.

5. Time Limit for Providing Information to Related Agencies and Organizations: Within four working hours or no later than two working days from the date of receipt of the information specified in Clause 2 of this Article.

Article 7. Coordination in Handling Administrative Violations

1. Administrative violations in the field of customs management discovered by the customs authority or other competent agencies must be recorded in a report and handled according to the authority stipulated in Decree No. 127/2013/ND-CP dated October 15, 2013 of the Government on administrative penalties and enforcement of administrative decisions in the customs sector.

2. Administrative violations in the field of product and commodity quality management discovered by the quality inspection agency or other competent agencies must be recorded in a report and handled according to the authority stipulated in Decree No. 80/2013/ND-CP dated July 19, 2013 of the Government.

Chapter III

RESPONSIBILITIES OF THE RELATED AGENCIES, ORGANIZATIONS, AND INDIVIDUALS

Article 8. Responsibilities of the Customs Declaration Person

1. Perform customs procedures and quality inspection procedures in accordance with current laws.

2. Select conformity assessment organizations designated by relevant ministries to assess and inspect the quality of imported goods.

3. Submit the conformity assessment results for the consignment to the inspection agency, and submit the quality inspection results to the customs authority to complete the clearance procedures in accordance with the law.

4. In cases where the imported goods fail to meet quality requirements based on inspection results, the customs declaration person has the right to request the State management agency for quality (in writing) to choose remedial measures: recycling, destruction, re-export, change of purpose of use for the competent authority to consider and resolve in accordance with the law.

If the customs declaration person chooses the recycling measure for goods, the request must clearly state the recycling plan, recycling address, and the person responsible for implementing the recycling.

5. Implement decisions on handling issued by authorized state agencies, bear all costs related to remedying consequences in accordance with the law on administrative violations.

Article 9. Responsibilities of Conformity Assessment Organizations

1. Conduct quality assessments of imported goods within the scope designated by relevant ministries; issue quality certificates for imported goods to the customs declaration person in accordance with the law.

2. Coordinate with customs authorities, provide information as stipulated in Article 6 of this Circular, and monitor the customs declaration person's implementation of remedial measures for non-compliant goods.

3. Charge fees for quality assessment of goods in accordance with current regulations.

Article 10. Responsibilities of Quality Inspection Agencies

1. Accept registration files for quality inspections from the customs declaration person, accept faxed or image files of quality assessment results from conformity assessment organizations, conduct file inspections, and physical inspections of goods (if necessary), issue quality inspection results within the time limit prescribed by law and this Circular.

2. Coordinate with customs authorities to provide information as stipulated in Article 6 of this Circular, and monitor the customs declaration person's implementation of remedial measures for non-compliant goods.

3. In case of discovering violations during actual inspections of consignments, prepare violation reports and report to the direct management agency to transfer files to specialized inspection agencies or competent authorities for handling violations in accordance with the law on administrative violations and guidance provided in Article 7 of this Circular.

Article 11. Responsibilities of Customs Authorities

1. Perform customs procedures, procedures for returning goods for storage, and clearance of goods requiring quality inspection in accordance with current laws and this Circular.

2. Coordinate with quality inspection agencies and conformity assessment organizations in conducting inspections and sampling goods in accordance with customs laws and product quality laws; monitor goods that require remedial measures (recycling, destruction, re-export, change of purpose of use); provide information as stipulated in Article 6 of this Circular.

Coordinate with inspection agencies in applying enhanced quality inspection measures for imported goods as stipulated in Article 9 of Circular No. 27/2012/TT-BKHCN dated December 12, 2012, of the Ministry of Science and Technology.

3. Organize the receipt of quality inspection results: electronic versions (through the National Single Window Portal), fax/image copies (from inspection agencies), or original copies (from the customs declaration person) for clearance of goods.

4. Detect legal violations, prepare violation records, issue administrative violation handling decisions in accordance with the law and guidance in this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Joint Circular takes effect from September 1, 2016.

2. Repeal Joint Circular No. 37/2001/TTLT-BKHCNMT-TCHQ dated June 28, 2001, of the Ministry of Science, Technology, and Environment and the General Department of Customs guiding customs procedures and quality inspections for imported goods subject to national quality inspections.

Article 13. Implementation Organization

1. The Ministry of Finance, the Ministry of Science and Technology, ministries with functions of state management over the quality of exported and imported goods as stipulated in Clause 2, Article 70 of the Law on Product and Goods Quality, and related organizations and individuals are responsible for implementing this Joint Circular.

2. During implementation, if encountering difficulties under the domain of customs administration, organizations and individuals should reflect to the Ministry of Finance (General Department of Customs) for resolution; if encountering difficulties under the domain of product and goods quality administration, they should reflect to the Ministry of Science and Technology or relevant specialized ministries for consideration and resolution according to their legal authority./.