b) Impose mandatory physical inspection of goods and send copies of documents to General Department of Customs. To be specific:

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- In case the shipment has been scanned, the Sub-department of Customs where the declaration is registered shall compare the scanning images and scanning conclusion in order to carry out customs procedures as per regulations.

- Smuggling Investigation and Prevention Department, Customs Management Supervision Department shall proactively review, inspect figures and information about goods that have arrived at depots, ports, border checkpoints for more than 30 days without undergoing customs procedures on VASSCM, daily reports of the Customs Departments, online supervision results. If customs offences are suspected, request the Director of the Sub-department of Customs to suspend release of the goods from the customs controlled area (CCA) and impose administrative penalties as prescribed by law.

b.2. Regarding shipments that have arrived at the depot, port or border checkpoint for more than 60 days without undergoing customs procedures, if the enterprise registers the declaration (except imports of prioritized enterprises, multi-national companies, goods declared as goods imported for processing, export manufacturing, export processing, etc.), after undergoing mandatory physical inspection as prescribed in paragraph 2.b.1 above, the Customs Departments of provinces and cities shall send reports and copies of all relevant documents about the shipments to General Department of Customs (via Customs Management Supervision Department) for instructions before granting customs clearance.

c) Regarding goods storage areas:

Request the enterprise operating the port or depot to prepare a separate area for storage of shipments that have arrived at the depot, port or border checkpoint for more than 60 days without undergoing customs procedures and goods that have remained in the depot, port or border checkpoint for more than 90 days in accordance with Article 41 of the 2014's Law on Customs, make a diagram showing this location, and send a notification to supervisory Sub-department of Customs for control and close inspection.

d) Handling of undelivered cargoes:

Customs Departments of provinces and cities shall establish Steering Committees for handling of undelivered cargoes in accordance with the 2014's the Law on Customs, the Government’s Decree No. 29/2018/ND-CP dated 05/3/2018, Circular No. 203/2014/TT-BTC dated 22/12/2014, Circular No. 57/2018/TT-BTC dated 05/7/2018 of the Ministry of Finance; send daily and monthly reports on the handling results to General Department of Customs (via Customs Management Supervision Department).

- In case the consignee of the goods that have remained at the depot, port or border checkpoint for more than 90 days shows up to carry out customs procedures within the time limit for finding goods owners, the Customs Department of the province or city shall send a report and copies of all relevant documents to General Department of Customs (via Customs Management Supervision Department) for instructions.

- Regarding goods that have remained at the depot, port or border checkpoint for more than 90 days without consignees, the Customs Departments of the provinces and cities shall promptly handle them as prescribed by law.

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Customs Departments of provinces and cities shall provide information and documents about key enterprises and shipments to Risk Management Department for risk assessment and analysis.

e) Regarding update of information about unloaded cargoes:

Via monitoring on VASSCM, the "Mô tả hàng hóa" ("goods description") field is usually not fully declared, left blank or written "N/A". This causes difficulty to management by customs authorities. Customs Departments of provinces and cities shall issue official documents requesting enterprises operating ports and depots to fully update information about imports according to goods names on bills of lading after they are unloaded in accordance with Point b.1.2 Clause 1 Article 52 of Circular No. 38/2015/TT-BTC, which is amended by Clause 31 Article 1 of Circular No. 39/2018/TT-BTC dated 20/4/2018 of the Ministry of Finance.

2. Regarding shipments that have to be re-exported due to mistakes, loss, abandonment or  rejection, Customs Departments of provinces and cities shall:

a) Carry out inspection and verification of information:

- Inspect the applications for re-export; compare them with information on the manifest, information and documents about the key enterprises and shipments in order to evaluate customs procedures according to regulations of law and international trade practices;

- Work with the consignees specified on the primary and master and house bill of lading in order to attribute responsibility of forwarders, goods owners, identification of goods owners and responsibility of relevant parties;

- Work with the shipping company about responsibility of the shipping company and its agents for transport of goods that are banned, goods listed in CITES appendices, goods causing environment pollution, etc. in order to determine legality and responsibility to pay the cost of storage and removal of these shipments from Vietnam’s territory.

b) Organization of handling

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- The entire shipments that need to be re-exported shall undergo physical inspection; inspection shall be carried out in cooperation with on-duty officials of General Department of Customs;

- The shipments shall be re-exported at the initial border checkpoints of import;

- The shipments must be re-exported in entirety under separate bills of lading. Do not divide any shipment. Goods in a container must not be moved to another container before re-exported;

- The shipments must be re-exported to their initial exporting countries. Only load the goods onto the departing vehicle if the manifest of the departing vehicle indicates that the port of destination is a port of the initial exporting country of the shipment.

b.2. In case of discovery of goods banned from import, goods suspended from import or imports subject to licensing or conditions, goods suspected of violations of law, violations shall be handled in accordance with law. Do not allow goods owners to abandon or act in a manner that indicates abandonment of goods to return or re-export the goods from Vietnam’s territory.

3. Compile a list of shipments that have arrived at the depots, ports, border checkpoints for more than 30 days, more than 60 days without undergoing customs procedures, and goods that have remained at the depots, ports or border checkpoints for more than 90 days:

a) Period: From 15/11/2021.

b) Subjects of reporting: shipments that have arrived at the depots, ports, border checkpoints for more than 30 days, more than 60 days without undergoing customs procedures, and goods that have remained at the depots, ports or border checkpoints for more than 90 days.

c) Reporting period: 4 p.m. of the date preceding the reporting date to 4 p.m. of the reporting date.

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- The Sub-departments of Customs shall send lists of containers that need scanning made according to Form No. 01 enclosed herewith in accordance with instructions in paragraph 1.a.2 of this Official Dispatch. Do not submit physical reports; send periodic reports in Excel files according to Form No. 01 to soichieu-cucqlrr@customs.gov.vn;

- Customs Departments of provinces and cities shall compile and send lists of shipments that have arrived at the depots, ports, border checkpoints for more than 30 days, more than 60 days without undergoing customs procedures according to Form No. 02 enclosed herewith; lists of goods that have remained at the depots, ports or border checkpoints for more than 90 days according to Form No. 03 enclosed herewith. Do not submit physical reports; send periodic reports in Excel files according to Form No. 02 and Form No. 03 to hanghoatondong@customs.gov.vn;

- Figures in the reports shall be compiled daily and consistent with those of the preceding days; the reports must include names of goods, storage duration, handling measures, results; shipments that cannot be handled within the day may be included in the next day's report;

- The reports must be sufficient and sent at 4 p.m. every day. It will be considered that a Customs Department fails to report if the report is sent after 4 p.m.

- In the "Tên hàng" ("Goods name") field, the specific goods name must be specified according to its 6-digit or 8-digit HS code. Do not write general names;

- Directors of Customs Departments of provinces and cities shall make sure all reports among Sub-departments of Customs submit reports fully and punctually, and take responsibility for the accuracy of figures serving management by General Department of Customs;

- This document annuls Official Dispatch No. 5264/TCHQ-VP dated 10/9/2018, Official Dispatch No. 6421/TCHQ-GSQL dated 01/10/2020, paragraph 4 of 1589/TCHQ-GSQL dated 07/4/2021 of General Department of Customs on reporting unclaimed cargoes.

4. In order to ensure management and application of information technology systems serving statistics production and reporting of unclaimed cargoes, Customs Management Supervision Department shall take charge and cooperate with Customs Information Technology and Statistics Department in adding features that allow reporting of shipments that have arrived at depots, ports or border checkpoints for more than 30 days, more than 60 days without undergoing customs procedures, and unclaimed cargoes that have remained in depots, ports or border checkpoints for more than 90 days on VASSCM; instruct Customs Departments to make reports after these features are added to VASSCM.

For your information and compliance./.

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PP GENERAL DIRECTOR
DEPUTY GENERAL DIRECTOR




Mai Xuan Thanh