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| Cat Lai Port is storing large amounts of meat and bone powder. Photo: T.H |
According to statistics from the HCM City Customs Department, at Saigon Port Area 1 Customs Branch, there are 1,487 containers; Saigon port area 3 Customs Branch has 119 containers; Saigon Port Customs Branch, Area 4, has 15 containers.
Among backlogged containers at the above port, there are 109 containers that businesses are requesting to re-export. In particular, at Saigon Port Area 1 Customs Branch, there are 99 containers. Businesses have contacted the branch to request guidance on exporting return procedures. Some businesses have written requests, some send bills of lading. Saigon port area 3 Customs Branch has 10 containers waiting to issue a decision on sanctioning administrative violations to take the next steps; Saigon Port Area 4 Border Gate Customs Branch sent a notice to find the goods owner No. 176/TB-KV4 on December 18, 2023. Saigon Port Area 1 Customs Branch re-exported 24 containers.
According to Deputy Director of HCM City Customs Department Nguyen Huu Nghiep, a review of the above backlog shows that currently at Cat Lai port there are still a large number of containers of animal feed ingredients originating from similar to the items identified in the case (pork plasma powder, pork bone powder, feather powder…) are still stored at Cat Lai port. In particular, the majority of containers identified the consignee on the bill of lading as one of the 12 businesses that have been prosecuted by the authorities following Prosecution Decision No. 969-01 dated August 31, 2023 of HCM City Police.
In the process of handling backlogged goods, Saigon Port Area 1 Customs Branch has received many documents from many shipping lines and businesses requesting to continue customs procedures for the above containers. In particular, goods mainly focus on cases, such as other businesses’ requests to amend the manifest to change the consignee’s name for shipments whose consignee’s name is one of the companies that have been criminally prosecuted to continue importing; the shipping company requested to return the goods at the seller’s request, but the consignee was one of the businesses that was prosecuted, the legal representative was detained, and the investigation agency confiscated the seal, so document of refusing to receive goods could not be issued to ensure compliance with the provisions of Point b, Clause 8, Article 52b of Circular No. 38/2015/TT-BTC dated March 25, 2015, amended and supplemented in Circular No. 39/2018/TT -BTC dated April 20, 2018 of the Ministry of Finance.
In the case of a 3-party sale, the intermediary bought, paid and requested the seller to ship the goods to Vietnam (the consignee is one of the businesses prosecuted, the legal representative is detained, the investigation agency confiscated the seal), but the consignor refused to receive the goods back and did not support the return of the goods to the original exporting country, so they proposed to export them to a third country.
From the above reality, HCM City Customs Department proposed solutions for handling containers containing meat powder, bone powder, and animal feed that are being stored in the unit’s management area. Accordingly, in case the carrier or consignee requests to return the goods to the consigners, the procedures for returning the goods shall be resolved following regulations to clear the port yard so that the enterprise can continue to operate the port yard. In case the consignee is one of 12 businesses that have been criminally prosecuted, the legal representative is temporarily detained, the investigation agency confiscates the seal, and continues to investigate according to the opinion of the investigation police agency – HCM City Police, for shipments that have been received by 12 businesses, opened customs declarations and are waiting for other procedures to clear the shipments.
Regarding handling re-export procedures and additional manifest declaration for other shipments that are not under the scope of investigation by the Police Investigation Agency, HCM City Police proposed to comply with the provisions of Customs Law 2014, Decree No. 08/2015/ND-CP dated January 21, 2015 was amended and supplemented in Decree No. 59/2018/ND-CP dated April 20, 2018 of the Government and related guiding documents of the General Department of Vietnam Customs.
Accept for carriers and consignees who request to return goods to a third country to create conditions to minimize damage to businesses and release business capacity for Cat Lai port and SP-ITC port.