THE GENERAL DEPARTMENT OF CUSTOMS
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 10/1998/TT-TCHQ
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Hanoi, November 19,
1998
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CIRCULAR
GUIDING CUSTOMS PROCEDURES FOR DUTY-FREE SHOPS' OPERATION
UNDER THE REGULATION ISSUED TOGETHER WITH DECISION No.205/1998/QD-TTg OF
OCTOBER 19, 1998 OF THE PRIME MINISTER
A. GENERAL PROVISIONS
1. Import goods sold at duty-free shops shall be
exempt from import tax, special consumption tax and value added tax but must be
sold to the right objects and in fixed quantities.
Export goods sold at duty-free shops must comply
with the commodity policy and the relevant tax laws and, at the same time,
conform to the list of goods registered for duty-free sale as stipulated in the
enterprises' certificates of duty- free goods trading qualifications.
2. The personnel of duty-free shops shall only
be allowed to sell goods directly to the eligible subjects right at the shops'
counters in fixed quantities.
Subjects being crew members shall be entitled to
buy duty-free goods collectively at the goods order certified by the shipmaster
or ship's representative.
3. Duty-free-shops' operations, including the
goods export and/or import for sale, warehousing, goods sale at shops, the sale
of re-export goods on domestic market or handling of damaged goods, shall all
be subject to inspection, supervision and management by the customs
authorities.
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The locations of duty-free shops must satisfy
the requirements of the supervision and management work of the customs
authorities. Locations of shops and warehouses as well as working conditions of
the customs authorities must be approved by the General Department of Customs
at the proposal of the Customs Departments of the provinces or cities where the
concerned enterprises apply for the opening of duty free shops.
4.1. For international airports.
- Duty-free shops shall be located in boarding
rooms (behind the customs control and passport control area) of departure
lounges of international airports so as to sell goods to passengers on exit and
in transit.
-Duty-free shops shall be located at arrival
lounges of international airports. behind the passport control area and in
front of the customs control area so as to sell goods to passengers on entry.
4 2. For international seaports:
Duty-free shops shall be located at
international seaports so as to sell goods to passengers on exit and to crew
members on board ocean liners (in cases where duty-free shops are located
outside the international seaports, the consent of the People's Committees of
the provinces and/or cities where such shops are located and the General
Department of Customs' approval are required).
4.3. For international land-road border-gates:
Duty-free shops shall be located at
international border-gates and in the areas reserved for those passengers who
have cleared the exit procedures in order to sell goods to them, provided that
they have passports and entry/exit laissez passers. Depending on specific
conditions of each border-gate, the concerned provincial/municipal People's
Committee shall stipulate the location of duty-free shop at the border-gate,
which must, however, satisfy the requirement for customs' supervision and
management and be approved by the General Department of Customs.
4.4. For inland duty-fee shops:
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- A downtown duty-free shop is a place where
products are exhibited and showed, transactions are made and sale invoices are
issued to passengers awaiting departure. Such a shop must encompass also an
area for the direct delivery of goods to passengers who have cleared the exit
procedures. The area of goods delivery shall be the boarding room of departure
lounge of an international airport or seaport. The area of goods delivery must
be approved by the provincial/ municipal Customs Department.
4.5. Duty-free shops at international airports
or seaports may open kiosks for on-spot sale of goods to passengers awaiting
departure or crew members on board the ships anchoring at ports. The General
Department of Customs shall provide detailed guidance for such activities.
B. SPECIFIC PROVISIONS ON
CUSTOMS PROCEDURES
I. PROCEDURES FOR EXAMINING
THE OPERATION QUALIFICATIONS OF DUTY-FREE SHOPS
- A dossier to be supplied by an enterprise to
the provincial/municipal Customs Department shall include:
+ An application for the opening of duty-free
shop(s).
+ Documents proving the right to own or use shop(s),
warehouse(s) and diagram on the locations of the whole system of shop(s) and
warehouse(s).
- The provincial/municipal Customs Department
shall examine the following specific conditions:
+ The qualification of the warehouse and shop
system.
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+ The shop(s) being located in the right
place(s) as prescribed.
If the above-said conditions are satisfied, the
provincial/municipal Customs Department shall issue the enterprise a
certificate of qualifications and report thereon to the General Department of
Customs
II. CUSTOMS PROCEDURES
RELATED TO GOODS SOLD AT DUTY-FREE SHOPS
1. For export goods (goods made in Vietnam and
goods from lawful import sources):
- For goods subject to conditional export, the
Ministry of Trade s permit is required, for goods subject to specialized
management, permission from the functional agency is required; and for other
Goods, the concerned enterprise shall fill the customs procedures itself (without
having to obtain a Trade Ministry's permit) and shall not be subject to
restrictions on goods quantity and value.
- The customs authority shall clear customs
procedures as for a lot of export goods, based on the commodity policy and
relevant tax laws.
- For each duty-free shop, the customs authority
shall have to open a book for the control of export goods brought for sale
thereat.
Concrete procedures:
* The enterprise shall submit to the customs
authority:
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- A goods purchase invoice (according to form
issued be the Ministry of Finance);
- An import declaration, import tax receipt or
other documents proving that the goods are imported lawfully (for import goods
lawfully circulated on the domestic market).
* The customs authority shall:
- Examine dossiers and register declarations;
- Inspect the goods, calculate taxes and issue
tax notices (if any):
- Certify the goods inspection and affix the
"customs clearance" stamp.
- Supervise the warehousing of goods and seal up
warehouse(s);
- Make book entry for the control of
warehouse(s) of duty-free goods.
2. For import goods:
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* The enterprise shall have to submit to the
custom authority the following papers:
- A permit issued by the Ministry of Trade or
the specialized management agency (for goods subject to conditional import):
-The customs declarations (each category of
goods with the same name shall be stated in the same declaration form, for
example: televisions and cassettes of different kinds shall be declared in two
different declaration forms: whisky and cognac of different kinds shall be
declared in two different declaration forms; goods of small value but of the
same category like cosmetics shall be declared in the same declaration form).
- The commercial contract (a copy with
certification of the enterprise's Director) or the enterprise's goods order.
- Goods purchase invoice(s).
- Bill(s) of lading;
- Goods catalogue(s).
* The customs authority shall:
- Examine dossiers and register declarations:
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- Certify the goods inspection results, affix
the "duty-free goods" and "customs clearance" stamps on the
customs declarations:
- Supervise the warehousing of goods which have
gone through the customs procedures, and seal up warehouse(s):
- Make book entry for the control of
warehouse(s) of duty-free goods.
Customs authorities at border-gates through
which duty-free goods of duty-free shops are imported shall create conditions
and coordinate with customs authorities in charge of duty-free shops in quickly
and conveniently clearing customs procedures for the goods.
2.2. Import goods of duty-free shops shall not
be subject to quality control (the concerned enterprise shall take
responsibility therefor before law), and beside the papers stipulated in Point
2.1 above. the enterprise shall not have to submit any other papers.
Enterprises doing business with duty-free shops
shall be entitled to import goods for sale thereat in line with their business
registration certificates and shall have to fill customs procedures as
prescribed.
2.3. Duty-free shops in service of diplomatic
immunity subjects shall be entitled to import goods for the sale thereat to
meet the demand of those subjects.
- Only brand-new automobiles of left-hand drives
and motorbikes of 175 cm3 or under shall be imported but at the advance orders
of diplomatic immunity subjects. which must be approved by the customs
authority in charge of duty-free shops in term of their quantities.
3. For re-export goods:
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+ The reasons for re-export:
+ The goods catalogue: their quantity(ies),
names and value:
+ The goods imported under which declaration
form and the serial number of the permit....
+ The border-gate where the goods shall be re-
exported.
- The customs authority in charge of duty-free
shops shall consider and compare the goods actually imported with the import
dossier so as to determine that they are the goods imported by the duty-free
shops.
- For the re-export of goods which have earlier
been imported according to the Ministry of Trade's permits, the Trade
Ministry's approval is required.
- The customs authority in charge of duty-free
shops shall clear customs procedures and supervise the re-export of goods: in
cases where the re-export border-gate belongs to another locality the customs
authority in charge of duty-free shops shall have to supervise and escort the
goods to the re-export border gate the hand them over to the border-gate
customs authority for completion of the re-export procedures. After the goods
have been re- exported, the customs authority at the final re- export
border-gate shall have to make certification, affix signature and stamp on the
declarations and forward them back to the customs authority in charge of
duty-free shops for liquidation.
- Basing itself on the re-export dossier (with
certification of the actual re-export), the customs authority in charge of
duty-free shops shall liquidate declarations on the import of the lot of goods.
4. For Goods transferred for sale on domestic
market
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- A document, clearly stating the reasons for
the transfer of goods for sale on domestic market.
- A catalogue of the goods to be transferred for
sale on domestic market (Goods' names, quantities and values).
- The import goods declaration;
4.2. For goods imported under permits granted by
the Ministry of Trade or the specialized management agency, the enterprise
shall submit to the customs authority:
- The permit issued by the Ministry of Trade
allowing the sale of goods on domestic market, for goods subject to conditional
import.
- A written approval, for goods subject to the
management by the specialized agency;
- A catalogue of goods to be transferred for
sale on domestic market (goods names, quantities and values).
- The import goods declaration:
4.3. Customs procedures:
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- Provide guidance for the enterprise to declare
the goods in the non-commercial goods declaration form.
- Clear the customs procedures for the transfer
of goods into domestic market as for lots of import goods:
- Calculate and collect taxes levied on goods
transferred into domestic market at the time the enterprise is allowed to make
an import goods declaration for the fulfillment of customs procedures for the
transfer of goods into domestic market.
- Liquidate the initial import goods
declaration.
5. For goods which must be dealt with or
destroyed at duty-free shops
5.l. For cracked, damaged goods and goods of
poor quality.
- For goods cracked in the course of transport,
loading and unloading, the enterprise shall have to make a report with
certifications by itself and by the customs authority that inspects the goods
or that escorts them.
- For goods left unsold in warehouses and at
counters for a long period, thus resulting in the quality deterioration, they
shall be dealt with on the basis of the enterprise's written proposal and the
actual inspection.
The provincial/municipal Customs Department
shall, together with the enterprise, organize a council for goods destruction
supervised by the customs authority and enterprise's representative, and make a
record on destruction to be certified by representatives of the concerned
parties.
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III. THE GOODS SALE
REGULATIONS
1. When selling goods, the duty-free shops’
personnel shall have to write down the following basic contents on sale
invoices:
The purchaser's name:
- The serial number of the purchaser's passport
and the date of its issue;
- The goods names, quality and value:
- The date of the sale of goods;
The goods seller's name.
2. Subjects entitled to purchase goods and the
fixed quantity of goods allowed to be sold to each subject must comply with the
provisions in Articles 7 and 8 of Decision No.205/1998/QD-TTg of October 19,
1998 of the Prime Minister.
3. The enterprise doing business with duty-free
shops shall have to give the customs authority a copy of the goods sale invoice
it has given to each goods purchaser. After every sale day, the enterprise
shall have to make a sale report and submit a copy thereof to the customs
authority in charge of duty-free shops (a sale day time shall be agreed upon by
the customs authority and the duty-free shops).
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1. For import goods of duty-free shops
(including a lot of goods of different categories), each category of goods with
the same name shall be declared in a separate declaration form for convenient
supervision of goods liquidation and final settlement after the goods are all
sold.
At each duty -free shop, the enterprise and
customs authority in charge of the shop shall have to open a book to monitor
goods taken in and out of warehouses. Such a book shall include columns for
goods supervision in term of the import goods declarations (their serial
numbers, dates), good's names, quantities and prices...
Upon each warehousing of import goods, the
enterprise shall have to make a warehousing note and give the customs authority
in charge of duty-free shops a copy of such note.
- The book entry of import goods must be made
according to the chapters, groups, divisions and codes of goods. For goods of
the same category, they shall, after being classified in the same column of the
book, be accrued so that the figure showing the quantity of the goods in stock
is obtained.
-Book entry of goods taken out of warehouses for
sale at shops counters;
All goods taken out of warehouses and put at
counters must be accompanied with ex-warehouse notes and clearly recorded in
book(s). The goods taken out of warehouses and sold at counters must conform
with the ex-warehouse notes.
2. At each duty-free shop's counter, the
enterprise and customs authority in charge of duty- free shops shall have to
open a book to monitor the import goods ex-warehoused to the counter, which is
similar to the above-mentioned warehouse book.
- At the end of every month, the enterprise and
customs personnel shall make comparison and certify the amount of goods already
sold and that of goods left unsold. The figures stated in documents, including
sale invoices, and those in sales book must be consistent.
3. Export and import goods of lawful origin
which are sold at duty-free shops shall be monitored in separate books. Such
monitoring shall be similar to that for the warehoused import goods and the
goods ex-warehoused to counters.
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-The unsold import goods at duty-free shops
shall be liquidated on the basis of the amount of import goods stated in the
customs declarations.
- According to the provisions in Points 2 and 3
above, declarations of the same category of goods shall be included in the same
column of book on the basis of the amount of goods already sold and comparison
between the sales book and the warehouse book. If the amount of actually sold
goods in consistent with the goods amount stated in the declaration form, the import
declaration shall be liquidated (following the order that the first import
declaration shall be liquidated first).
-Every month, the customs authority in charge of
duty-free shops shall, together with the shops, make comparison to ensure
balance between the ex-warehoused goods, unsold goods, already sold goods,
re-exported goods, goods allowed to be sold on domestic market, cracked and
damaged goods and goods destroyed due to poor quality. The comparison of
ex-warehoused goods is made to determine the goods in stock. On the basis of
the above data, the enterprise doing business with duty-free shops shall make a
report and submit it to the provincial/ municipal Customs Department alter
getting certification thereof from the customs authority in charge of duty-free
shops.
Liquidation procedures:
+ Every 3 months, upon the full sale of goods of
the same category corresponding to the amount of goods stated in the same
declaration form, the duty-free shop enterprise shall send to the provincial/
municipal Customs Department that manages its duty-free shops a document asking
for the liquidation of the goods; such document is certified by the customs
authority in charge of duty-free shops (depending on the specific conditions of
the locality. the provincial/ municipal Customs Department shall determine the
customs authority competent to make the liquidation).
The provincial/municipal Customs Departments
shall inspect and approve the liquidation. After liquidation, the customs
authority in charge of duty-free shops shall affix the "already
liquidated" stamp on the customs declarations.
5. Time-limit for sale of import goods at
duty-free shops
To ensure the supervision and liquidation of
import goods sold at duty-free shops, if after 2 years (24 months from the date
of import) the goods remain unsold, the enterprise shall have to fill the
procedures for their re-export or consumption on domestic market. The
provincial/municipal Customs Department may consider the extension of this time
-limit but such an extension must not exceed 1 year.
V. PROVISION ON DUTY-FREE
GOODS WAREHOUSES
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2. For each time of warehousing or
ex-warehousing goods, the enterprise shall have to make a warehousing goods,
the enterprise shall have to make a warehousing or ex-warehousing note and
deliver a copy of it to the customs authority in charge of duty-free shops. The
customs authority in charge of duty-free shops shall supervise the warehousing
of goods, the ex-warehousing of goods to counters and make book entry of the
goods warehoused, ex-warehoused as well as the goods sold at counters. Before
the goods are ex-warehoused to counters for sale, they must be stamped as
prescribed by the Ministry of Finance.
3. The duty-free goods warehouses shall have to
comply with the regulations on customs sealing-up.
4. Every moth, the enterprise shall have to make
a final settlement report on unsold goods, which must be certified by the
customs authority in charge of duty-free shops. Every quarter and year, the
enterprise shall have to inventory the goods warehouses under the customs
supervision and make final settlement reports on goods in stock and submit them
to the General Department of Customs after getting certification thereof from
the provincial/municipal Customs Department.
VI. ORGANIZATION OF
IMPLEMENTATION
1. Once every six months, the
provincial/municipal Customs Departments shall organize the inspection of the
liquidation of declaration, examine and compare books, ex-warehousing and
warehousing notes, notes on goods reception at counters, sale invoices, and
daily, monthly and quarterly reports. The inspection results shall be reported
to the General Department of Custom.
2. In the course of management of duty-free
shops. if it is detected that any staff member of a shop breaches the goods
sale regulations or brings goods into domestic market for sale; any customs
officer commits act of violation in goods purchase at duty-free shops or abuses
his/her functions and/or power to cover, act in complicity with persons with
negative attitudes to bring goods to domestic market for sale or to sell goods
to wrong subjects... such breaches or violations shall be recorded in minutes
on spot while their nature and seriousness shall be quickly determined for
handling.
Enterprises that violate the provisions of
Decision No. 205/1998/QD-TTg of October 19, 1998 of the Prime Minister and this
Circular shall , depending on the seriousness of their violations, be subject
to administrative sanctions or examination for penal liability. The directors
of the provincial/municipal Customs Departments shall report violations to the
General Department of Customs so that the latter may issue decisions on the
temporary suspension of operation of duty-free shops.
VII. IMPLEMENTATION
PROVISIONS
This Circular takes effect from the date of its
signing.
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The directors of Customs Departments of the
provinces and cities where duty-free shops are located shall have to organize
and direct the implementation of Decision No. 205/1998/QD-TTg of October 19,
1998 of the Prime Minister and this Circular and implement them.
FOR THE GENERAL
DIRECTOR OF CUSTOMS
DEPUTY GENERAL DIREC
Nguyen Van Cam