Công văn 4881/TCHQ-GSQL

Respectfully to: Customs Departments of provinces and cities

General Department of Customs has received information from several enterprises about matter when do procedures for food import, enterprises must submit the announcement of regulation conformity or announcement of conformity with regulation on food safety for export food to customs agencies.

Regarding this matter, on May 30, 2013, the Department of Customs Management Supervision issued official dispatch No. 475/GSQL-GQ1 answering the HCM city Customs Department but has not yet clearly stated name of function agencies to which enterprises must submit the announcement of regulation conformity or announcement of conformity with regulation on food safety for export food.

In order to solve the above problem, General Department of Customs has opinion as follows:

1. Based on Clause 1 Article 38, point b Clause 1 Article 40 of  the Law on food safety; Clause 1 Article 3 of the Government’s Decree No. 38/2012/ND-CP dated April 25, 2012 and Clause 6 Article 20 of the Decree No. 94/2012, dated November 12, 2012; Clause 2 Article 6 of the Circular No. 27/2012/TT-BYT dated November 30, 2012 and Clause 1 Article 7 of the Circular No. 19/2012/TT-BYT dated November 09, 2012 of the Ministry of Public Health (for foods under the management of Ministry of Public Health), enterprises must submit the register of announcement of regulation conformity or announcement of conformity with regulation on food safety to functional agencies of Ministries managing food safety.

2. At present time, the Law on food safety, and the reference documents have no content specifying that enterprises must submit or present the following documents to customs agencies:

- Written certification of having registered the announcement of regulation conformity or announcement of conformity with regulation on food safety (of functional agencies);

- Announcement of regulation conformity, announcement of conformity on food safety (of enterprises);  

- Other certification papers for foods before import (of certificate organizations).

So that, customs agencies do not request enterprises must submit or present type of this paper when do procedures for import.

3. Dossier which enterprises must submit, present to customs agencies when import foods shall comply with Article 40 of the Law on food safety, Circular No. 194/2010/TT-BTC and Circular No. 196/2012/TT-BTC of the Ministry of Finance, according to those, the import foods that have to be examined by state about food safety will be transported to preservation warehouses upon registering for food safety examination and only be granted customs clearance upon having certification about result of food examination meeting requirements of  import. Regulation which enterprises must submit other documents stated in point 2 of this official dispatch for import foods will be implemented when Ministries with function of food safety management have specific regulation.

General Department of Customs notifies units for unified implementation.