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ADVISORY COUNCIL FOR ADMINISTRATIVE PROCEDURE REFORM SUMMARY ON THE REVIEW RESULTS OF

ADVISORY COUNCIL FOR ADMINISTRATIVE PROCEDURE REFORM SUMMARY ON THE REVIEW RESULTS OF PRIORITY ADMINISTRATIVE PROCEDURES IN THE FIELD OF IMPORT - EXPORT. Presenter : Nguyễn Thị Minh Tâm Leader of the import-export working group. 9 REVIEWED APs.

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ADVISORY COUNCIL FOR ADMINISTRATIVE PROCEDURE REFORM SUMMARY ON THE REVIEW RESULTS OF

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  1. ADVISORY COUNCIL FOR ADMINISTRATIVE PROCEDURE REFORM SUMMARY ON THE REVIEW RESULTS OF PRIORITY ADMINISTRATIVE PROCEDURES IN THE FIELD OF IMPORT - EXPORT Presenter: Nguyễn Thị Minh Tâm Leader of the import-export working group

  2. 9 REVIEWED APs • Inspecting and certifying seafood establishments to be qualified for ensuring food safety and hygiene ( under authority of Ministry of Agriculture and Rural Development) - recommended to be revised/supplemented 2. Inspecting and certifying on quality, hygiene, safety of seafood products (for exported seafood products) – recommended to be revised/supplemented • Inspecting and certifying on quality, hygiene, safety of seafood products (for imported seafood products) - recommended to be revised/supplemented • Granting business license of importing publications- recommended to be revised/supplemented • Granting certificate of list of imported publications- recommended to be abolished and replaced • Quarantine of exported aquatic animals and aquatic animal products – recommended to be abolished and replaced • Quarantine of imported aquatic animals and aquatic animal products – recommended to be abolished and replaced • Automatic import licensing – recommended to be abolished • Granting the certificate of being qualified for importing waste materials –recommended to be abolished

  3. ORGANIZATION AND IMPLEMENTATION • ACAPR working groups selected a number of priority APs with direct impact on import/export enterprises • Each group conduct its independent study of the registered APs by: Studying Form 1s filled by state management agencies; Studying and analyzing related legal documents • Consult enterprises on their actual experience of implementing these APs • Develop preliminary Form 3s • Present the forms to the entire import-export working group to collect comments • Finalize Form 3s and make recommendations to revise, supplement, abolish, or replace APs

  4. GENERAL COMMENTS • APs are clearly written • With legal basis • Some points are not reasonable in implementation: - Elements of dossier - Settling time - Fees and charges • Among 9 reviewed APs: - 04 APs and 07 administrative forms recommended to be revised, supplemented - 05 APs and attached administrative forms recommended to be abolished

  5. 1. Administrative Procedure of inspecting and certifying seafood establishments to be qualified for ensuring food safety and hygine(under authority of Ministry of Agriculture and Rural Development) Contents to be revised and supplemented • Remove requirement of the quality management program to be included in the dossier (as prescribed in Table 3, Annex 1 promulgated along with Decision 117/2008/QĐ-BNN) • Shorten time period between the steps of receiving dossiers and delivering results : - Receiving dossiers and considering and provide guidance on supplementing the dossiers within 2 working days from the date of receipt (instead of 5 days as currently regulated) - If the application dossier is valid, within 3 working days, the examining agency has to notify the accurate timeframe for carrying out examination, not just informing the period during which examination will be conducted as regulated. - Certify/notify the establishment to be qualified/unqualified for ensuring food safety and hygiene within 5 working days from the date of examination, except for the case of disagreement (instead of 10 working days as regulated) • Abolish the fee of VND 40,000 for granting certificate (as regulated in annex 1 – Decision 60/2008/QĐ – BTC)

  6. 1. AP of Inspecting and certifying seafood establishments to be qualified for ensuring food safety and hygiene( under authority of Ministry of Agriculture and Rural Development) Reasons for revisions, supplements • In fact, the settling time is lengthened as the state management agency waits for combining multiple dossiers to come and carry out examination at a time, thereby causing enterprises to wait. • More regional branches of state management agencies have been established to strengthen capacity of agencies in meeting requirements of enterprises. Therefore, the settling deadline can be shortened. • It is responsibility of state management agency to grant the certificate when the enterprise satisfies all conditions, requirements in accordance with the regulations. In fact, Nafiqad have not collected fees upon granting the certificates since 2008. Enterprises have long been recommending to remove this kind of fees.

  7. 1. Inspecting and certifying seafood establishments to be qualified for ensuring food safety and hygiene( under authority of Ministry of Agriculture and Rural Development) Documents need to be revised • Revising some provisions of Decision 117/2008/QĐ-BNN dated 11/2/2008 by MARD: - Revise point b,c Clause 3 of Article 8 and Clause 1 of Article 15 - Remove regulation at Item b Clause 2 Article 9 - Remove Item 4.3 at standard form for registering for inspection and certification a1 (current situation report ....) - Revise Annex 2a and 2b • Revise Annex 1 of Decision QĐ 60/2008 by Ministry of Finance

  8. 2. AP of inspecting and certifying on quality, hygiene, safety of seafood products (for exported seafood products) Contents to be revised and supplemented • Elements of Dossier: - No standard form for detailed list of the goods lot - Remove the requirement of “report on monitoring the steps of receiving fresh materials” included in the application dossier for inspection exemption. • Shorten time period from receipt of dossier to granting certificate • This procedure should be combined with procedure of quarantine by adding a further content of quarantine into the registration/request form. • Remove fees of granting certificate

  9. 2. AP of certifying on quality, hygiene, safety of seafood products (for exported seafood products) Reasons for revisions • There should be a standard form for easy and convenient monitoring and to serve as a basis for the enterprise to fill out • Help enterprises to complete the procedures for quick customs clearance. • Requirement of “report on monitoring the steps of receiving fresh materials’ to be included in the application dossier for examination exemption is not stipulated by any documents but is applied in reality • In fact, in 2008 the Nafiqad did not collect fees upon granting the certificate of Inspecting and certifying seafood establishments to be qualified for ensuring food safety and hygiene but only collect VND20,000 upon granting certificate of quality, hygiene, safety of seafood products (for imported seafood products). It is the responsibility of state management agency to grant the certificate when the enterprise sastifies all conditions, requirements and pay fees for examination samples

  10. 2. AP of certifying on quality, hygiene, safety of seafood products (for exported seafood products) Documents needs to be revised • Revise a number of provisions of Decision 118/2008/QĐ-BNN dated 11/2/2008 by MARD - Supplement content of quarantine - Revise Annex 1a, 1b, 1c - Revise Chapter III of Decision 118 stipulating conditions for inspection exemption and reduction • Revise Annex 1Decision 60/2008 by Ministry of Finance

  11. 3. AP of certifying on quality, hygiene, safety of seafood products (for imported seafood products) Contents to be revised, supplemented • Remove requirement of certificate of quality, hygiene, safety of seafood products to be included in the dossier in the case of importing aquatic materials directly from fishing vessel having freezing equipment and from bonded warehouse • Examination exemption/reduction for same lots of import goods (same type, same origin) • Remove fees of granting the certificate • This procedure should be combined with procedure of quarantine

  12. 3. AP of certifying on quality, hygiene, safety of seafood products (for imported seafood products) Reasons for revisions • There is no certificate of quality, hygiene and safety of seafood products in the case of goods imported from fishing vessel • Combine 2 activities of registration for examination and taking sample for examination to reduce time and save costs for enterprises, especially for the same lot of goods with samples to be taken twice • Currently, Nafiqad does not collect fee for granting certificate for qualified establishments to be qualified for ensuring food safety and hygiene. It is responsibility of state management agency to grant the certificate when the enterprise satisfies all conditions, requirements and pay fees for examination samples

  13. 3. AP of certifying on quality, hygiene, safety of seafood products (for imported seafood products) Documents need to be revised • Revise a number of provisions of Decision 118/2008/QĐ-BNN dated 11/2/2008 by MARD - Supplement content of quarantine into Decision 118 - Revise Annex 1a, 1b, 1c - Revise Chapter III of Decision 118 stipulating conditions for inspection exemption and reduction • Revise Annex 1,Decision 60/2008 by Ministry of Finance

  14. 4. AP of quarantine of aquatic animals, aquatic animal products (imported and exported) • These two APs should be abolished and replaced by procedure of examination of quality, food safety and hygiene. • - Upon being exported, aquatic animal products used for making food are included in the list subject to examination of quality, food safety and hygiene and quarantine. - The same agency carries out examination and takes sample (Nafiqad) - Application form for registering for examination of quality, food safety and hygiene and application form for quarantine has many contents in common. • Revise Circular 17/2003/TTLT-BTC-BNNPTNT-BTS dated 14/3/2003 guiding the inspection and supervision of import/export goods subject to animal, plant and aquatic product quarantine . • Revise Articles 11, 13, 16 and Annex 1a of Regulations of inspection and certification of quality, food safety and hygiene of aquatic goods promulgated in accordance with Decision 118/2008/QĐ-BNN dated 11/12/2008 by MARD by supplementing the content of quarantine

  15. 5. AP OF GRANTING THE CERTIFICATE OF BEING QUALIFIED FOR IMPORTING WASTE MATERIALS Contents to be revised, supplemented • Abolish and replace this procedure by procedure of notifying before unloading the goods (as prescribed in Law on Environmental Protection) • The trader importing waste materials must satisfy requirements set forth in the Law on Environment Protection. State agencies shall strengthen ex-post examination and impose strict punishments on violations or even criminal liability for environmental crime . Reasons for abolition • Law on Environmental Protection does not provide regulations on the certificate of being qualified for importing waste materials (business license). The Law only regulates that waste material import enterprise must meet requirements set forth by the Law and only be responsible for notifying about the imports 5 days before the date of unloading. The enterprise should not be responsible for complying with procedure of requesting/applying for the certificate of being qualified for importing waste materials. • According to Enterprise Law 2005, only legal documents at Decree or higher level is authorized to regulate business license .

  16. 5. AP OF GRANTING THE CERTIFICATE OF BEING QUALIFIED FOR IMPORTING WASTE MATERIALS Option for revision • Abolish the certificate of being qualified for importing waste materials as stipulated at joint Circular No. 02/2007/TTLT-BCT-BTNMT dated 30/8/2007 by Ministry of Industry and Trade and Ministry of National Resources and Environment on guiding the implementation of Article 43 of Law on Environmental Protection of standard and business conditions of importing waste materials which should be replaced by a notice from the enterprise without a certification by the State agency.

  17. 6. AP OF GRANTING BUSINESS LICENSE OF IMPORTING PUBLICATIONS Contents to be revised and supplemented • Administrative procedure, formalities : Issue a Circular guiding the procedure of licensing, in which: • Clearly specify procedure/formalities of licensing in more details • Clearly specify mode of receiving dossiers, time of certifying valid dossier . • The administrative form can be downloaded from website of Ministry of Information and Communication and has same validity as the original one issued by the Bureau of Publication . • Consider authorizing Department of Information and Communications (DoIC) or MoIC’s representative office in HCMC to grant this license in order to reduce travelling costs for enterprises in the South

  18. 6. AP OF GRANTING BUSINESS LICENSE OF IMPORTING PUBLICATIONS Contents to be revised and supplemented Dossiers, requirements for licensing: • Remove regulations on binding requirement of judicial records • These regulations should be in line with Law on Publication in respect of professional certificate of publishing. • Remove requirement of the head of the establishment to have professional certificate. • Regulate that the legal representative of the enterprise instead of head of the establishment. • Remove and replace regulations of staff to have a degree on foreign language with requirement for staff to pass the test organized by the Ministry or by a prestigious international organization stipulated by the Ministry. • Remove requirement of length of service of the staff. • Remove and replace regulations on certification of equity capital by a business registration certificate granted by the State agency with information of chartered capital and business premise larger than 100m2

  19. 6. AP OF GRANTING BUSINESS LICENSE OF IMPORTING PUBLICATIONS Reasons for revisions, supplements • Unclear contents of licensing procedures, formalities may result in bureaucracies and travelling costs incurred for enterprises • - A number of contents and conditions are unreasonable. • - A number of contents and conditions as prescribed in Decree 11/2009/NĐ-CP are not stipulated in the Law. Option for revisions, supplements • Issuing Circular by Ministry of Information and Communication detailing the procedure of granting this type of licence. • Revise Decree 11/2009/NĐ-CP to align these guidances with regulations by Law on Publication.

  20. 7. AP OF GRANTING CERTIFICATE OF LIST OF TO BE - IMPORTED PUBLICATIONS Contents to be revised, supplemented: • This procedure should be replaced with the regulation allowing theenterprise to carry out registration without having to wait for certification by the State agency Reasons for revisions and supplements: • The importing enterprise are always responsible for contents of imported publications. • The state management effectiveness is not achieved as it is the responsibility of the enterprise to review and appraise contents of every imported publications. • Alternative: the enterprise shall notify before importing, which still ensures state management objectives to be achieved Option for revisions and supplements: • This procedure should be replaced by allowing theenterprise to carry out registration without having to wait for certification by the State agency. On a quarterly basis, the import enterprises report to the authorized state agency on their import activities . • Revise Law on Publication 2008 and Decree 11/2009/NĐ-CP as recommended above.

  21. 8. AP OF AUTOMATIC IMPORT LICENSING Contents to be revised, supplemented: • Abolish this procedure and should apply the normal customs procedure Reasons for revisions, supplements: • This procedure is not in conformity with the regulation. Automatic import licensing is the licensing form not aiming to restrict import as stipulated in Decision 41/2005/QD- TTg. However in fact the application of automatic import licensing results in restriction of import. • The application of this procedure may lead to incomformity of Vietnam Law with Agreement on Automatic import licensing procedure of the WTO. Option for revisions and supplements: • Abolish Circular No. 17/2008/TT-BCT on guiding the implementation of applying automatic import licensing mechanism for a number of goods promulgated by Ministry of Industry and Trade on December 12, 2008. • There is no problem with applying the normal customs procedure in this case .

  22. Thank you! Any questions, please contact: - Ms.Minh Tâm – VASEP: Tel: 0904125179 - 1st-4th AP - Mr.Anh Tuấn – VCCI: Tel:0913519466 - 5th-8th AP

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