Border Area Import-Export Goods Supervision Licensing in Vietnam

In the context of the increasingly strong development of import and export activities, especially in border areas, which play an important role as a gateway for trade between Vietnam and neighbouring countries, the organisation of locations for gathering, checking, and supervising goods is extremely necessary. These locations not only contribute to improving the effectiveness of state management of customs but also create favourable conditions for businesses in the process of circulating goods across the border. However, in reality, not all businesses currently understand the procedures for applying for licenses following regulations. In the following article, Viet An Law will help clients understand the legal issues surrounding Border Area Import-Export Goods Supervision Licensing in Vietnam.

What is a place for gathering, checking, and supervising import–export goods in the border area?

• A place for gathering, checking and supervising import – export goods in the border area is an area permitted by a competent state agency to be established, located outside the main border gate, international border gate, serving the import – export activities of goods at the sub-border gate area, border opening, where there are not enough conditions to establish a customs branch.
• According to current regulations, not all goods are brought to the centralised import-export goods inspection and supervision location (or in the border area). Normally, imported goods under the red lane declaration must be brought to the centralised import-export goods inspection and supervision location so that the customs authority can conduct actual inspection according to regulations. In addition, exported goods that have completed customs procedures, including goods required to be sealed by customs, and containers must be brought to the centralised import-export goods inspection and supervision location to wait for customs procedures.
• The purpose of establishing these locations is to facilitate the import-export of goods in border areas, especially at secondary border gates and border openings, where there are not enough conditions to establish customs branches.

Conditions for Granting Border Area Import-Export Goods Supervision Licensing in Vietnam

Conditions for Granting Border Area Import-Export Goods Supervision Licensing in Vietnam

According to Clause 18, Article 1 of Decree 67/2020/ND-CP, the conditions for recognising inspection and supervision locations for postal and express delivery goods are as follows:

About location

The location for gathering, inspecting, and supervising import-export goods in the border area is located in the border economic zone or the land border gate area. In case it is located outside the border economic zone, the radius from the border gate area must not exceed 10 km.

About area

• Locations for gathering, checking, and supervising import-export goods in border areas at international border gates and main border gates must have a minimum land area of ​​5000 m2.
• Locations for gathering, checking, and supervising import-export goods in border areas located in other areas must have a minimum land area of ​​3000 m2.

About facilities and equipment

• The location is separated from the surrounding area by a fence, meeting the inspection and supervision requirements of the customs authority. Except for locations located in the border gate area, the port has a fence separating it from the surrounding area.
• There is software that meets the requirements for managing, storing, and exporting data online to the customs authority on the name of goods, quantity, status of goods, time of goods being brought in, taken out, and stored in the location in detail according to the bill of lading and (or) customs declaration for management according to the Automatic Goods Management and Monitoring System;
• There is a camera system that connects online with the customs management agency. Images are observed at all locations of the site at all times of the day (24/24 hours), and image data is kept for at least 06 months.

Application for Border Area Import-Export Goods Supervision Licensing

Based on Clause 1, Article 37 of Decree 68/2016/ND-CP, amended by Clause 19, Article 1 of Decree 67/2020/ND-CP, the application for a license to assemble, inspect, and supervise in border areas is as follows:

Application for Border Area Import-Export Goods Supervision Licensing

• Document requesting recognition according to Form No. 01 of the Appendix issued with Decree 68/2016/ND-CP (amended and supplemented by Decree 67/2020/ND-CP): 01 original
• Certificate of business registration or Certificate of investment or other documents as prescribed: 01 copy
• Design diagram of the area where goods are assembled, inspected and supervised for import – export at the border clearly showing the boundary line separating it from the outside, location of warehouses, location of camera system installation, place of assembly of export goods, place of assembly of import goods, place of assembly of means of transport, place of actual inspection, security, warehouse office and customs office: 01 copy
• Fire prevention and fighting qualification certificate issued by the police agency: 01 copy

Procedures for applying for Border Area Import-Export Goods Supervision Licensing

Step 1: Prepare documents

• Enterprises need to prepare 01 set of documents as mentioned above
• Authorisation document for Viet An Law

Step 2: Submitting the application

• Application receiving agency: Customs Department under the Ministry of Finance (former General Department of Customs)
• Applications can be submitted in 1 of 3 ways: By post or in person, or via the electronic data processing system of the customs agency.

Step 3: Document appraisal

Within 10 working days, the Customs Department shall complete the examination of the documents, the actual location of the gathering, inspection, and centralised supervision of exported and imported goods in the border area;

Within 05 working days from the date of completion of the examination of the documents, the actual warehouse and location, the Director shall issue a decision to recognise the location of the gathering, inspection, and centralised supervision of exported and imported goods in the border area.

• In case the dossier is not valid, within 05 working days from the date of receiving the dossier of the enterprise, the Customs Department shall issue a written notice and request the enterprise to supplement the dossier. After 30 working days from the date of sending the notice, if the enterprise does not respond in writing, the Customs Department has the right to cancel the dossier.
• In case the dossier is valid, the competent authority shall issue a certificate of recognition of the location for gathering, inspection, and centralised supervision of exported and imported goods in the border area.

Step 4: Receive results

Enterprises receive a Certificate of approval for the centralised gathering, inspection, and supervision of exported and imported goods in border areas.

The above article, Viet An Law, has shared with customers basic information on Border Area Import-Export Goods Supervision Licensing in Vietnam. In case clients still have many questions or need support regarding legal procedures, please contact Viet An Law to receive the most dedicated support!