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Answering and guiding the implementation of Circular 39 for FDI enterprises


Answering and guiding the implementation of Circular 39 for FDI enterprises

Many new contents were noted to enterprises

Discussing with enterprises, Mr. Vo Van Bong, Manager of the Investment Customs Branch, said that besides thoroughly guiding new contents in new documents for enterprises, the Branch coordinated with Thai Son Software Co., Ltd, to instruct on information technology and data transmission lines for enterprises.

According to Mr. Bong, after the guiding conference held by the General Department of Vietnam Customs, in order to create the most favorable conditions for FDI enterprises, the Branch held a private conference to guide and note new contents of the two documents related to FDI enterprises, wishing to guide more specifically. At the same time, removing shortcomings related to transmission line and recognizing new shortcomings to report to higher level leaders to promptly remove to create the most favorable condition for import/export activities of enterprises.

Regarding Decree 59, Deputy Manager of Investment Customs Branch, Dang Thai Thien, notified enterprises about some contents related to FDI enterprises such as; specialized inspection, goods subject to license, additional policies for authorized economic operators, and exemption from post clearance audit at head offices of Customs excluding cases prescribed in Clause 1 Article 78 of Customs Law.

Especially, there has been a lot of news content on specialized inspection. Besides the specialized inspection agency, the Government allowed Customs Department of Goods Verification under the General Department of Vietnam Customs to directly implement specialized inspection. Currently, this Department has developed a scheme to submit to the Government to consider and permit to implement the pilot verification for some commodities at the head offices of Customs.

Recognizing shortcomings

At the conference, the Branch recognized some shortcomings mentioned by the FDI enterprises related to the two documents. According to enterprises, there are many new contents in Circular 39 on additional declaration with specific criteria to facilitate enterprises, but there are criteria that are difficult to be implemented.

For example, the criteria on additional declaration before the channel classification of declaration. According to enterprises, this criterion is difficult to be implemented, because currently the channel classification of declaration is implemented in the e-system, and the enterprises only receive information on classification after a few minutes. Thus, the criteria on additional declaration before channel classification will be difficult to be implemented due to insufficient time.

According to reflections by enterprises, shortcomings have incurred during the implementation of Circular 39/2018/TT-BTC. As per provisions in Point 9, Clause 1 Circular 39/2018/TT-BTC, the physical inspection for goods has only applied to bulk cargo, imported goods for export processing and production, and goods of processing enterprises.

Thus, goods which are processed and manufactured for export are not subject to the physical inspection under the proposal of Customs Branch where the declarations are registered. 

According to this provision, when enterprises register to open export declaration at the Investment Customs Branches but goods are exported at border gates in other provinces, Yellow Channel and Green Channel will not be affected, but for Red Channel, the physical inspection will not implemented by the Customs agency at exit border gate under the authorization by the Investment Customs Branch as in previous times. Enterprises must send staff to these Customs units to carry out procedures.

The Investment Customs Branch said that the Branch reported these shortcomings to the Ho Chi Minh Customs Department for consideration and removal by the General Department of Vietnam Customs.

Mr. Bong said that currently, about 2,500 FDI enterprises regularly carry out Customs procedures at the Branch, with 23 different import and export regimes, nearly 100,000 declarations have been implemented. Over the past time, the Branch has provided many programs to reform procedures, approached and supported FDI enterprises in grasping new documents and policies so they can implement in a timely fashion and avoid mistakes.

For new documents that have taken effect such as Decree 59, Circular 39 with many new contents, they will affect enterprises’ imports and exports. Besides requesting enterprises to study and correctly implement these documents, Customs officers of the Branch have been thoroughly trained and studied to implement and guide enterprises.

Source: Customs News


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