Công văn 1483/TCHQ-GSQL

To: Customs Departments of provinces

Following the directions of the Ministry of Finance for the strengthening of control, supervision and management of import of wood from Cambodia; Proceeding with the Official Dispatch No. 912/TCHQ-GSQL dated January 23, 2014 on the implementation of the Circular No. 01/2014/TT-BCT the General Department of Customs provides further guidance on import, re-export and temporary import of Cambodian wood, and entry of imported Cambodian wood into bonded warehouses:

1/ Customs procedures:

a) Regarding the documents proving compliance with Cambodia’s law as prescribed in Article 4 of the Circular No. 01/2014/TT-BCT when following procedures for import, temporary import and re-export of wood, and entry of imported wood into bonded warehouses:

a.1)  In the cases where an enterprise does not need to import wood through different border checkpoints:

- When following customs procedures for the first time, the enterprise shall submit documents of the Cambodian Government, Ministry of Trade or a competent Cambodian authority on granting of permission to Cambodian exporters to export wood (enclosed with a notarized translation and the original of the license for comparison) to the Sub-department of Customs of the district where the import procedures are followed.

- The Sub-department of Customs shall examine the documents and issue the import quality monitoring sheet (Form No. 01 enclosed with this Official Dispatch), provide a confirmation on the original of license and return it to the enterprise;

- The import quality monitoring sheet shall be used to follow customs procedures for the next import.

- When the goods are completely imported according to the import quality monitoring sheet, the Sub-department of Customs shall provide a confirmation on the import quality monitoring sheet and enclose it with the import dossier.

a.2)  In the cases where an enterprise follows import procedures at different border checkpoints:

- The enterprise shall submit a written request to the General Department of Customs for confirmation of import of crude wood from Cambodia, and enclose the documents of the Cambodian Government, Ministry of Trade or a competent Cambodian authority on granting of permission to Cambodian exporters to export wood (enclosed with a notarized translation and the original of the license for comparison).

- The General Department of Customs shall confirm in the original of the license, return it to the enterprise and issue a written confirmation to the enterprise for completion of import procedures.

- The enterprise shall submit the original of the written confirmation issued by the General Department of Customs to the Sub-department of Customs of the district where the procedures for the first import are followed to obtain the import quality monitoring sheet.

- Enterprises shall use the import quality monitoring sheet to follow customs procedures for the next import at Sub-departments of Customs of border checkpoints.

- When the goods are completely imported according to the import quality monitoring sheet, the Sub-department of Customs of the district where the procedures for the last export are followed shall provide a confirmation on the import quality monitoring sheet and enclose it with the export dossier.

a.3) The customs declarant is responsible for the truthfulness of the documents submitted to the customs authority.

b) Physical inspection of goods:

All shipments of crude wood imported from Cambodia must undergo physical inspections. In case of suspicion that the name of category of wood declared is incorrect, Cites analysis agency, analysis organizations or specialized agencies affiliated to regulatory authorities shall be requested to run analysis.

The customs procedures shall be followed in accordance with applicable regulations. In case the customs authority discovers violations, export procedures shall be stopped.

c) The Customs Departments of provinces shall take measures for supervision, management and control of import and export shipments of crude wood from Cambodia to ensure conformity with law.

2/ The border checkpoint of import:

a) The border checkpoint of import of wood (including import of wood for business operation; temporary import and re-export of wood, and entry of imported wood into bonded warehouses) shall comply with regulations set forth in Article 3 of the Circular No. 01/2014/TT-BCT dated January 15, 2014 of the Ministry of Industry and Trade on the import of crude wood from Cambodia and Official Dispatch No. 792/BCT-XNK dated January 25, 2014 of the Ministry of Industry and Trade;

b) Regulations set forth in Clause 3, Article 1 of the Circular No.08/2009/TT-BTC dated May 11, 2009 of the Ministry of Industry and Trade shall apply to the wood from Cambodia transited through Vietnam.

3/ Implementation:

a) The Customs Departments of provinces shall request Sub-departments of Customs submit reports on:

a.1) Issuance and finalization of the import quality monitoring sheet (enclosed with the import quality monitoring sheet);

a.2) Import of wood from Cambodia to Vietnam (Form No. 02 enclosed with this Official Dispatch):

a.2.1) Reports on import of wood from Cambodia to Vietnam over the period from January 01, 2014 to January 15, 2014 shall be submitted to the General Department of Customs before February 15, 2014.

a.2.2) Reports on import of wood from Cambodia to Vietnam over the period from January 16, 2014 onwards shall be submitted to the General Department of Customs by the end of the working day.

The Sub-departments of Customs shall be submit reports directly to the General Department of Customs (Department of Customs Supervision and Management) via the email: [email protected] and [email protected] and fax 04.39.440.620 and to the Customs Departments of provinces.

Customs Departments of provinces which do not follow procedures for import of wood from Cambodia shall not prepare these reports:

b) The Department of Customs Supervision and Management shall:

b.1) Assign officials to:

b.1.1) Receive written requests for confirmation of crude wood imported from Cambodia by enterprises and request the General Department of Customs to submit a written confirmation to the Customs Departments of provinces; Confirm in the export license presented by enterprises.

b.1.2) Consolidate reports of the Customs Departments of provinces mentioned in Point a, Section 3 of this Official Dispatch on a daily basis;

b.1.3) Receive and resolve issues related to customs procedures;

b.2) Propose management and administration mechanisms to the General Department of Customs to ensure conformity with law. If necessary or beyond its competence, request the General Department of Customs to submit written request to cooperate with relevant ministries in management and provision of guidance.

4/ Effect:

a) This document comes into force from the day on which it is signed; the enterprise that has been issued with a written confirmation of import of crude wood from Cambodia by the General Department of Customs before the date on which this Official Dispatch is promulgated but has yet to receive the import quality monitoring sheet shall comply with the guidance provided in this Official Dispatch.

b) The guidance provided in this Official Dispatch replaces Clause a, Point 1 and Point 2 of the Official Dispatch No. 912/TCHQ-GSQL dated January 23, 2014 of the General Department of Customs.

The Customs Departments of provinces are responsible for the implementation of this document./.