In order to control fraud, counterfeiting of goods origin, labeling, illegal transshipment, and infringement on intellectual property rights, and illegal transshipment of imported and exported goods, various measures have been putting in place according to Documentary No. 5189/TCHQ-GSQL (“Documentary 5189”). However, after a period of implementation, this situation has been being still complicated.
Facing such matter, on November 14, 2022, the General Department of Customs issued Documentary No. 4823/TCHQ-GSQL (“Documentary 4823”), providing stricter measures and sanctions to prevent and settle those violations during the period from now to the end of 2022 and especially during the 2023 Lunar New Year.
Documentary 4832 remains the same instructions as in Documentary 5189, but emphasizes contents related to inspection during the execution of customs procedures, specifically:
Regarding export goods:
- Subjects of inspection: wooden furniture, plastic products, rubber tyres, knives, scissors, tableware, and motocross motorcycles exported to USA and European countries, etc.
- Contents of inspection: Labeling and origin of goods in the following cases:
- In case the goods are produced in Vietnam and there is a sign indicating the origin of Vietnam on such goods and/or their packages: inspect the satisfaction of the criteria of Vietnamese origin as per regulations.
- In case the goods are produced in Vietnam but there is a sign indicating the foreign origin differed from Vietnamese origin on the goods and/or their packages: during the physical inspection of goods, customs declarants shall be requested to provide contracts on processing or production of goods for export, if the labeling of goods has been made under terms and conditions of such contracts, or to provide any documents or websites, etc. proving that the labeling has been made in accordance with the domestic regulations of the country of import.
Regarding imported goods:
- Subjects of inspection: Foods, spirits, beer, miscellaneous goods, electrical and electronic household articles, cosmetics, clothes, and pharmaceutical products imported from primary markets for consumption in Vietnam.
- Contents of inspection: there are 02 main contents to be inspected as follows:
- Regarding labeling and origin of goods: the imported goods must bear primary labels on which the information is written in a foreign language or Vietnamese. If imported goods do not bear labels or bear labels which are separated from the goods or their packages for the purposes of evasion of origin, they shall be subject to administrative sanctions as per regulations.
- Regarding intellectual property: Check and verify information given in import customs declarations, documents included in customs documentation with data on imported goods with their intellectual property which have already been protected in order to determine whether these imported goods are infringing upon intellectual property rights. If there is any suspicion that imported goods infringe upon intellectual property rights, customs officers can move on to relevant procedures as per regulations.
Documentary 4823 took effect from the issuance date.
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