MINISTRY
OF FINANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
01/2012/TT-BTC
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Hanoi , January 03, 2012
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CIRCULAR
GUIDING CUSTOMS CLEARANCE
FOR IMPORT, EXPORT GOODS SUBJECT TO QUARANTINE
Pursuant to the Law on Customs No. 29/2001/QH10 of June 29,
2011 and the Law on amending, supplementing a number of articles of Law on
Customs No. 42/2005/QH11 of June 14, 2005;
Pursuant to the Ordinance on Veterinary No.
18/2004/PL-UBTVQH11 of April 29, 2004;
Pursuant to the Ordinance on Plant Protection and
Quarantine No. 36/2011/PL-UBTVQH10 of July 25th 2011;
Pursuant to Government’s Decree No.
154/2005/ND-CP of December 15, 2005 detailing a number of articles of the Law
on Customs regarding customs procedures, customs supervision and inspection;
Pursuant to the Government’s Decree No.
33/2005/ND-CP of March 15, 2005 detailing the implementation of a number of articles
of the Ordinance on Veterinary; the Government’s Decree No. 119/2008/ND-CP of
November 28, 2008 on amending, supplementing a number of articles
of the Government’s Decree No. 33/2005/ND-CP of March 15, 2005;
Pursuant to the Government’s Decree No. 02/2007/ND-CP of
January 05, 2007 on plant quarantine;
Pursuant to the Government’s Decree No.
118/2008/ND-CP of November 27, 2008 regulating functions, tasks, powers and
organizational structure of the Ministry of Finance;
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Article 1. Scope of regulation and
objects of application
1. Scope of regulation:
This Circular guides the customs clearance for
import, export goods subject to animal, plant, fisheries quarantine
(hereinafter referred to as quarantine).
2. Objects of application:
This Circular applies to organizations,
individuals importing, exporting goods subject to quarantine (hereinafter
referred to as goods owners); Customs Sub-departments, customs officers
conducting goods import-export procedures (including e-customs procedures),
relevant organizations and individuals.
Article 2. Customs clearance for import goods
subject to quarantine
1. In case the goods owner submits the Notice
of exemption from quarantine or Quarantine certificate, the Customs Sub-departments conducting procedures and customs clearance for
goods, do not ask for submission of quarantine registration papers.
2. In case the goods owner submits quarantine
registration papers, the relevant Customs Sub-departments shall conduct customs
clearance for goods basing on the quarantine locations specified in the
Quarantine registration paper in accordance with one of the following 2 cases:
2.1 For quarantine locations at border-gates
and inland clearance depot (ICD):
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b) For shipments being registered the written declaration
at the outside border-gate Customs Sub-departments: as the goods owner presents
the Quarantine certificate (original copy), the border-gate Customs Sub-departments
shall conduct procedure for border gates transferring; as the goods owner
submits the Quarantine certificate (original copy), the outside border-gate Customs
Sub-departments shall conduct custom clearance for goods.
In case the border-gate Customs Sub-departments
conduct actual inspection of goods upon the proposal of the outside
border-gate Customs Sub-department, as the goods owner submits
the Quarantine certificate, the border-gate Customs Sub-department shall conduct customs clearance for goods and transfer the
dossier in compliance with regulations on import goods transferring gate.
2.2 For quarantine locations at quarantine
isolation zones, plants, factories, storages, customs inspection locations
outside border-gate area;
a) For shipments being registered the written declaration
at the border-gate Customs Sub-departments:
a.1) As the goods owner submits the Goods transport
paper (original copy) issued by the quarantine agency, the border-gate Customs
Sub-departments shall conduct procedures for the goods owner to take goods to
the quarantine location as specified on the Quarantine registration paper. In
“Other records” section on the customs declaration (file copy of the customs
and file copy of the customs declarers), customs officers shall put down “Goods
pending for quarantine results; day, month, year”, sign, seal officer’s stamp.
a.2) As the commodity owner submits the
Quarantine certificates (original copy), the border-gate Customs Sub-departments
shall complete customs clearance for goods.
b) For shipments being registered the written declaration
at the outside border-gate Customs Sub-departments:
b.1) As the goods owner presents the goods transport
paper (or documents related to permission of goods transport to the quarantine location)
issued by the quarantine agency, the border-gate Customs Sub-departments shall
settle the gate transfering procedure as provided for. The goods owner is
responsible for preserving the status quo of goods for quarantine
b.2) As the goods owner submits the Quarantine
certificate, the outside border-gate Customs Sub-departments shall conduct custom
clearance for goods.
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Article 3. Customs clearance for export goods subject to
quarantine
1. When carrying out procedures of exporting goods subject to
quarantine, the goods owner shall submit 01 copy and present the original of
Quarantine certificate or papers proving export quarantine eligibility
(referred to as Quarantine certificates) issued by the quarantine agency to the
Customs Sub-departments therein the
declaration being registered for export procedures.
2. For gate-transferred export goods being quarantined and
issued the domestic quarantine certificate, may be replaced with the Export
quarantine certificate at the border-gate upon the proposal of the purchaser or
the regulations of the import country, the goods owner shall submit 01 copy,
present the original of Export quarantine certificate for the border-gate Customs Sub-departments in order to conduct export
procedures and verify in the copies and transfer to the outside border-gate Customs
Sub-departments to save and monitor.
Article 4. Customs clearance of goods subject to quarantine
with regard to other cases
1. Goods temporarily imported for re-export
a) When conducting temporary import procedures: conduct customs
clearance similarly to that of import goods as guided in Article 2 of this
Circular
b) When conducting re-export procedures: the border-gate Customs
Sub-departments shall conduct export
procedures basing on results of inspection and confirmation of fully meeting
the export conditions by the quarantine agency.
2. Goods temporarily exported for re-import:
a) When conducting temporary export procedures: conduct customs
clearance similarly to export goods as guided in Article 3 of this Circular
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3. Goods in transit, transfer, transshipment:
a) Goods being directly transported from the exporting country
to the importing country without going through Vietnam’s border-gates shall not have to go through customs procedures
b) For goods in transit, transfer, transshipment through
Vietnam’s territory or Vietnam’s border-gates and put into bonded warehouses,
in goods transshipment areas at Vietnam’s harbors, shall conduct similar to
temporarily imported for re-export goods as guided in Clause 1 of this Article.
4. Non-trading export, import goods:
Non-trading export, import goods (including goods, accompanied
luggage upon exit and entry) subject to quarantine: the goods owner must
register quarantine with the quarantine agency, Customs Sub-department conducting
customs procedures only conducts customs clearance for goods, luggage when they
have Quarantine certificate.
5. Exchange goods of border residents
Exchange goods of border residents shall be implemented
quarantine as provided for in point b, section 3, part I of the Joints Circular
No. 01/2008/TTLT-BCT-BTC-BGTVT-BNNPTNT-BYT-NHNN of January 31, 2008 of
Inter-Ministry of Industry and Trade, Finance, Transport, Agriculture and Rural
Development, Health, and the State Bank
Article 5. Responsibilities of goods owners.
1. To carry out customs procedures in accordance with current
regulations and customs clearance for goods as guided in this Circular when
export, import goods subject to quarantine.
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3. To submit Quarantine certificate to the customs agency in
order to complete procedures for custom clearance for goods in accordance with
the prescribed duration.
4. To implement decisions of handling of competent agencies with
acts of violation of law relating to quarantine procedures and customs
procedures.
Article 6. Responsibilities of the Customs Sub-department
1. To conduct customs procedures in accordance with current
regulations and conduct customs clearance for import, export goods subject to
quarantine as guided in this Circular.
2. To monitor dossiers of shipments handed over to good owners
to take back for preservation while waiting for quarantine results. 5 days
prior to expiry of the time-limit for submitting quarantine certificate, have to
issue written notice to the goods owner on coming and submitting quarantine
certificate in order to complete customs clearance for goods.
3. To handle violations of Quarantine certificate submission:
a) If the goods owner submit quarantine certificate later than
provisions in point c, clause 2.2, Article 2 of this Circular, make record and sanction
administrative violation for late submission of documents of customs dossier as
provided for in clause 3 Article 1 in the Government’s Decree No. 18/2009/NĐ-CP
of February 18, 2009, unless the late submission is due to quarantine time be
extended, being informed with written notice by the quarantine agency to the
customs agency conducting procedures.
b) If the goods owner has not submitted quarantine certificate
as prescribed after being informed, make violation dossier (including: written proposal
on investigating the shipment, written notice to the goods owner about
submission of the Quarantine certificate, customs dossier of the shipment),
transfer to the investigation force against smuggling under the Department of
Customs of provinces, cities to investigate and handle as provided by Law.
c) To inform to quarantine agencies about goods breaching owners
and being handled as stipulated in point a, or point b in this clause for the
quarantine agencies to apply measures of goods quarantine at border-gate regarding
to the later import times of the breaching goods owners. The notification shall
be executed within 02 working days at the latest as from the date of handling
cases.
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a) Goods permitted to recycle: basing on the decision of the
competent agency, to allow the goods owner to take back goods for recycling, on
the declaration put down “goods permitted to recycle in accordance with
Decision No. … of … “; if the shipment is preserved in an isolation area or
storage, the goods owner shall implement recycling in accordance with decision
of the competent agency. When goods owner submits the original quarantine
certificate or written confirmation of the competent agency regarding the
shipment meets export requirements, customs clearance for
goods is completed.
b) Goods compelled to destruction: basing on the decision of
the competent agency, confirm “Goods being destructed in accordance with
Decision No. … of …, goods destruction report dated …” on the declaration of
import goods to complete the customs procedures for that shipment.
c) Goods compelled to re-export: basing on the decision of the
competent agency, conduct procedures for goods re-export as prescribed regarding
imported goods but compelled to export back. Do not allow to re-export goods into
Vietnam’s non-tariff zones. Customs dossiers do not require written agreement
to take back goods of the foreign goods owner. When re-export procedure is
finished, put down the number and date of the decision on compelling to
re-export on the import declaration and export declaration to liquidate the
declaration of the shipment.
5. To collaborate with competent agencies in providing
information, customs dossiers; to participate in handling, consultancy council,
and relevant tasks when required.
6. To guide the goods owner to register quarantine in case the
goods owner fails to identify the goods subject to quarantine when declaring to
the customs.
7. To collaborate with quarantine agencies to inspect goods regarding
the shipment subject to both customs inspection and quarantine in order to limit
problems when the goods owner must present goods many times to competent
agencies.
Article 7. Effect
1. This Circular takes effect from February 15, 2012
and replace contents guiding the customs clearance procedures for export,
import goods subject to quarantine stipulated in the Joint Circular No. 17/2003/TTLT/BTC-BNN-BTS
of March 14, 2003 of the Ministry of Finance, Ministry of Agriculture and Rural
Development, Ministry of Aquatic Products (now merged into the Ministry of
Agriculture and Rural Development)
2. If there is any problem arising in the course of
implementation, suggest organizations and individuals to feedback to the
Ministry of Finance (The General Department of Customs) for consideration and
settlement./.
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FOR
THE MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan