Recommendations on Draft Decree re Customs Law

Customs 450x-Dialogue meeting on Sep 25 with Foreign Business Associations to invite comments for officials from the Vietnam General Department of Customs re the draft Decree & Circular guiding Customs Law 2014, which will enter into effect on Jan 1, 2015. 

View and Download Presentations, Background Reading

Opening Remarks, Dialogue Meeting on Draft Decree, Herb Cochran

WTO TFA and Draft National Decree, Nestor Scherbey

Customs Law, Law No. 54/2014/QH13, 23 Jun 2014 (English translation)

The Draft Decree (English Translation), with some suggested revisions

Memo with Recommendations and Commentary on the Draft Decree

MOF’s proposal on the Draft Decree

Finding New Sources of Sustained Growth: Vietnam’s Transport and Logistics, WB Report, Jan 2014

Trade facilitation, value creation, and competitiveness : policy implications for Vietnam’s economic growth, WB Report, July 2013, 3 volumes.

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Agenda

1:30p – 2:00pRegistration of participants
2:00p – 2:10pIntroduction of Interagency Delegation Members
2:10 – 2:45pOpening Remarks
• Herb Cochran, Executive Director, AmCham Vietnam (HCMC)
• Representative of VN General Department of Customs
2:45 – 3:30pCommentary on the Draft Decree and Recommendations for Revisions
• Nestor Scherbey, CEO, CTRMS Vietnam
• George Berczley, DHL-VNPT Express, and Council of A/P Express Carriers
3:30 – 3:45pTea Break
3:45 – 4:30pQuestions & Answers
• Representative of VN General Department of Customs
• Herb Cochran, Executive Director, AmCham Vietnam (HCMC)
4:30 – 4:45pConcluding Remarks

Language: Vietnamese, English (simultaneous interpretation)

Costs

Members: vnd 480,000 | Non-members: vnd 630,000 Register Online

Interagency Delegation

– Central Institute of Economic Management/MPI (CIEM) – GIG Consultant Mdm. Dang Binh An – GIG Consultant Mr. Pham Thanh Binh – General Department of Vietnam Customs (3 officials) – Ministry of Industry and Trade (2 officials) – Ministry of Health (2 officials), – Ministry of Agriculture and Rural Development (3 officials) – Ministry of Science and Technology (2 officials).

Objectives of the dialogue meeting

1. To improve understanding of Vietnam business community and associations about the draft Decree Guiding Implementation of the Customs Law, which is to be effective on Jan 1, 2015;

2. To consider which elements of the draft Decree are in conformity with the common elements in the TPP, the EU-VN FTA, the ASEAN Economic Community 2015, and those that are not;

3. To make recommendations to revise those elements of the Decree that are not in conformity; and

4. To discuss the role and organization of the business community in advising Vietnam Customs, and other relevant agencies on implementing the key commitments, including the National Committee on Trade Facilitation, Authorized Economic Operators, Advance Rulings, etc.

Background Information

1. Customs Law, Law No. 54/2014/QH13, 23 Jun 2014 (English translation)

2. The Draft Decree (English Translation), with some suggested revisions

3. A memo with Recommendations and Commentary on the Draft Decree

4. MOF’s proposal on the Draft Prime Minister’s Decree

Finding New Sources of Sustained Growth: Vietnam’s Transport and Logistics, WB Report, Jan 2014

More efficient transport and logistics can play a significant role in increasing productivity. By making supply chains more predictable, better transport and logistics allow manufacturers, transportation carriers, logistics service providers, and trade regulators to minimize avoidable delays, thereby increasing output per unit of time while reducing the cost of doing business. Such competitiveness enhancements can better position Vietnam to benefit  from global demand, to better serve domestic markets, to attract investment, and to generate quality jobs.

Trade facilitation, value creation, and competitiveness : policy implications for Vietnam’s economic growth, WB Report, July 2013, 3 volumes.

This three-volume report explores the role of trade facilitation and logistics in driving export and ultimately national competitiveness. It posits that this area of trade consists of three interrelated pillars: (i) transport infrastructure and logistics services; (ii) regulatory procedures for exports and imports; and (iii) supply chain organization. Transport infrastructure and logistics services relate to the physical aspects of trade flows. Logistics services include a variety of services, the most important of which are transportation, storage and consolidation. This summary is organized into nine sections. After the introduction, section two presents the conceptual framework for this study. The economic context under which trade facilitation is discussed is outlined in section three. It describes Vietnam’s evolving structure of trade and competitiveness. The country’s trade logistics is part of this structure and this is germane to understanding the key issues and solutions proposed. This is followed by discussion of the three pillars of trade facilitation in sections four to six and then section seven presents the institutional framework underpinning these pillars. Section eight then pulls together the diverse roles of government, such as setting policies, acting as regulator, and being the facilitator working in collaboration with key stakeholders. The conclusion, section nine, suggests a set of recommendations.

About the Speakers

Herb Cochran, Executive Director, AmCham Vietnam (HCMC)

Nestor Scherbey, Founder and CEO, Customs, Trade & Risk Management Services, Ltd.

Nestor Scherbey founded Customs, Trade & Risk Management Services, Ltd. after a career as a licensed U.S. Customs Broker, pioneer in application of the U.S. Foreign Trade Zones program to the automotive industry with VW of America, and Director, Global Trade Operations for the Amway Corporation. In the course of his career, Nestor was responsible for launches of new markets through U.S. export and destination market import operations in over 40 countries in Asia, Europe, South and Central America and, the Caribbean.

As a result of hands on experience in developing new and emerging markets, Nestor has unique experience and skills involving resolution of extraordinary offshore issues, managing challenges involving customs issues, transfer pricing, foreign trade practices and barriers, operational crisis and risk management, management of foreign audits and investigations, and international logistics.

Nestor has served with the Customs Committee of the Foreign Chambers of Commerce of Thailand and works with the Customs Working Group of AmCham Vietnam’s Manufacturing Committee.