THE MINISTRY OF
FINANCE
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No. 94/2014/TT-BTC
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Hanoi, July 17,
2014
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CIRCULAR
PRESCRIBING
CUSTOMS PROCEDURES, INSPECTION AND SUPERVISION OF A NUMBER OF TYPES OF GOODS
TEMPORARILY IMPORTED FOR RE-EXPORT, TRANSFERRED FROM BORDER GATE TO BORDER GATE
AND CONSIGNED TO BONDED WAREHOUSES, AND HANDLING OF CASES OF REFUSAL TO RECEIVE
GOODS
Pursuant to Customs Law No. 29/2001/QH10 of June
29, 2001, and Law No. 42/2005/QH11 of June 14, 2005, amending and supplementing
a number of articles of the Customs Law;
Pursuant to the Government’s Decree No.
154/2005/ND-CP of December 15, 2005, prescribing customs procedures, inspection
and supervision;
Pursuant to the Government’s Decree No.
87/2012/ND-CP of October 23, 2012, detailing a number of articles of the
Customs Law on e-customs procedures for commercial imports and exports;
Pursuant to the Government’s Decree No.
187/2013/ND-CP of November 20, 2013, detailing the provisions of the Commercial
Law on international goods purchase and sale and goods purchase and sale
agency, processing and transit with foreign parties;
Pursuant to the Government’s Decree No. 215/2013/ND-CP
of December 23, 2013, defining the functions, tasks, powers and organizational
structure of the Ministry of Finance;
In furtherance of the Prime Minister’s Directive
No. 23/CT-TTg of September 7, 2012, on enhancement of the state management of the
business of temporary import for re-export, border-gate transfer and
consignment to bonded warehouses; and Official Letter No. 1757/TTg-KTTH of
October 31, 2013, on the business of temporary import for re-export,
border-gate transfer and consignment o bonded warehouses;
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The Minister of Finance promulgates the Circular
prescribing customs procedures, inspection and supervision of a number of types
of goods temporarily imported for re-export, transferred from border gate to
border gate and consigned to bonded warehouses; and handling of cases of
refusal to receive goods.
Section 1. GENERAL PROVISIONS
Article 1. Scope
of regulation
This Circular prescribes:
1. Procedures for certifying
enterprises engaged in import, export or temporary import for re-export of
goods prescribed at Point c, Clause 1, Article 13 of the Ministry of Industry
and Trade’s Circular No. 05/2014/TT- BCT of January 27, 2014, prescribing
temporary import for re-export, temporary export for re-import, and border-gate
transfer of goods (below referred to as Circular No. 05/2014/TT-BCT).
2. Customs procedures,
inspection and supervision of a number of types of goods temporarily imported
for re-export, transferred from border gate to border gate and brought from
abroad into bonded warehouses before exportation to other countries through
border provinces, including:
a/ Frozen foods specified in
Appendix III, goods liable to excise tax specified in Appendix IV and used
goods specified in Appendix V to Circular No. 05/2014/TT-BCT which are eligible
for temporary import for re-export or border-gate transfer;
b/ Frozen foods specified in
Appendix III and goods liable to excise tax specified in Appendix IV to
Circular No. 05/2014/TT-BCT which are brought from abroad into bonded
warehouses before their exportation to other countries or have been cleared
from customs procedures as temporary imports for re-export consigned into
bonded warehouses pending completion of re-export procedures.
3. Handling of cases in which
consignees named in bills of lading refuse to receive goods.
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1. Vietnamese traders;
2. Owners of bonded warehouses
and owners of goods consigned to bonded warehouses;
3. Customs offices and
officers;
4. Other related organizations
and individuals.
Article 3. Certification
of enterprises engaged in import, export or temporary import for re-export of
goods
1. A trader that wishes to
request the Ministry of Industry and Trade to grant a code for temporary import
for re-export prescribed in Article 13, Section 2, Chapter 2 of Circular No.
05/2014/TT-BCT shall make a set of dossier of request for certification of its
import, export or temporary import for re-export of goods and send it directly
or by post to the General Department of Customs. Such a set of dossier must
comprise:
a/ A written request for
certification of an enterprise engaged in import, export or temporary import
for re-export of goods, to be sent to the General Department of Customs: 1
original;
b/ A business registration
certificate or an enterprise registration certificate: 1 copy.
2. Within 5 working days after
receiving a request dossier of an enterprise, the General Department of Customs
shall check information on the database and give a written certification or
reply to the enterprise in case the latter fails to satisfy the conditions for
certification.
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Article 4. Customs
procedures for goods temporarily imported for re- export
Customs procedures for a number
of types of goods temporarily imported for re-export prescribed in this
Circular must comply with the guidance in Article 41 of the Ministry of
Finance’s Circular No. 128/2013/TT-BTC of September 10, 2013, prescribing
customs procedures, inspection and supervision, import duty, export duty and
tax administration of imports and exports (below referred to as Circular No.
128/2013/TT-BTC), Article 46 of the Ministry of Finance’s Circular No.
196/2012/TT-BTC of November 15, 2012, prescribing e-customs procedures for
commercial imports and exports (below referred to as Circular No.
196/2012/TT-BTC), and Article 26 of the Ministry of Finance’s Circular No.
22/2014/TT-BTC of February 14, 2014, prescribing e-customs procedures for
commercial imports and exports (below referred to as Circular No.
22/2014/TT-BTC). Some contents are specifically guided as follows:
1. Customs dossiers for
temporary import:
When carrying out customs procedures
for temporary import, in addition to the documents required for those for
commercial imports, a trader shall:
a/ Register the border gate of
re-export in the box “Other notes” in customs declaration form HQ/2012-NK
promulgated together with the Ministry of Finance’s Circular No. 15/2012/TT-BTC
of February 8, 2012, promulgating import and export declaration forms or the
e-customs declaration for imports promulgated together with Circular No.
196/2012/TT- BTC, or in information item No. 1.68 - Notes, in Appendix II to
Circular No. 22/2014/TT-BTC;
b/ Submit 1 copy of the export
contract bearing the signature and certification seal of the customs declarant;
When carrying out temporary
import procedures, the customs officer shall check and compare the export
contract with the temporary import dossier set, clearly write the serial number
of the temporary import declaration, sign and affix the officer seal on the
export contract, then return it to the customs declarant for carrying out
re-export procedures.
In case of a change in the
export contract, the trader shall notify it to the customs office where the
temporary import procedures are carried out before carrying out re-export
procedures; the customs office shall recover the original export contract for
cancellation of certified contents and at the same time give certification in
the new export contract and return it to the customs declarant for carrying out
re-export procedures.
c/ Submit 1 copy of the ocean
bill of lading prescribed in Article 7 of Circular No. 05/2014/TT-BCT bearing
the certifying signature and seal of the customs declarant;
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dd/ Submit 1 original of the
temporary import for re-export permit granted by the Ministry of Industry and
Trade, for goods subject to temporary import for re-export permit as
prescribed. In case of multiple importation, the Customs Branch carrying out
procedures for the first importation shall grant a reconciliation monitoring
card under the guidance of the General Department of Customs.
2. Customs dossiers of
re-export:
When carrying out re-export
procedures, in addition to the documents required for those for commercial
exports, a customs declarant shall specifically declare re-exported goods
belonging to different temporary import declarations in the box “Enclosed
documents” in customs declaration form HQ/2012-XK promulgated together with the
Ministry of Finance’s Circular No. 15/2012/TT-BTC of February 8, 2012,
promulgating import and export declaration forms, or the e-customs declaration
for imports promulgated together with Circular No. 196/2012/TT-BTC, or
information item No. 2.3 - Number of corresponding temporary import for
re-export declarations, in Appendix II to Circular No. 22/2014/TT-BTC.
3. Places for customs
clearance:
Goods temporarily imported for
re-export within the scope of regulation of this Circular must go through
customs procedures for temporary import for re-export at border gates of
temporary import; re-exported goods must be transported through border gates
under the guidance in Clause 3, Article 5 of this Circular.
Article 5. Customs
management and supervision of goods temporarily imported for re-export
1. Time limit for storage of
goods temporarily imported for re-export:
a/ The time limit for storage
in Vietnam of goods temporarily imported for re-export must comply with Clause
4, Article 11 of Decree No. 187/2013/ND-CP of November 20, 2013, detailing the
provisions of the Commercial Law on international goods purchase and sale and
goods purchase and sale agency, processing and transit with foreign parties;
b/ A trader that wishes to
extend the time limit for storage of goods in Vietnam shall send a written
request to the border-gate Customs Branch carrying out customs procedures for
temporary import of goods for its leader to consider, approve, sign and append
the Customs Branch’s seal in this request and return it to the trader for
carrying out goods re-export procedures; 1 copy of this request must be filed
in the customs dossier. The extension may be made twice for each shipment of
temporarily imported goods for re-export and must not exceed 30 days;
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2. Retention places:
Goods temporarily imported for
re-export (including those for which temporary import procedures have been
completed or those awaiting actual re-export after re-export procedures are
completed) may be stored in one of the following places:
a/ Places under customs
supervision at border gates;
b/ Inland container depots
(ICD) or bonded warehouses at border gates of import or border gates of export,
except for goods not consigned to bonded warehouses under Clause 2, Article 25
of Decree No. 154/2005/ND-CP;
c/ Warehouses and storing yards
of traders located in customs operation areas for which temporary import for
re-export codes have been granted by the Ministry of Industry and Trade
(applicable only to frozen foods).
3. Border gates of temporary
import and re-export:
Goods temporarily imported for
re-export may be temporarily imported and re-exported through border gates and
customs clearance points prescribed in Clause 8, Article 11 of the Government’s
Decree No. 187/2013/ND-CP of November 20, 2013, and under the guidance of the
Ministry of Industry and Trade.
4. A trader that wishes to
change the border gate of re-export indicated in the export declaration shall
comply with Clause 10, Article 61 of Circular No. 128/2013/TT-BTC.
5. Breaking bulk of containers
is prohibited throughout the transportation of containerized goods from the
border gates of temporary import to customs supervision places or places of
re-export within border gates or customs clearance points under regulations.
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a/ The goods are being stored
in places prescribed in Clause 2 of this Article or customs clearance points or
places for storing and inspecting export goods in border areas;
b/ Containers or vehicles for
goods transportation satisfy the customs sealing and supervision conditions; in
case the customs sealing cannot be conducted, the director of the Customs
Branch of the border gate of re-export shall apply an appropriate customs
supervision method to ensure strict and lawful supervision;
c/ Goods, when being
containerized or loaded onto other vehicles, are subject to direct supervision
by customs officers and customs supervision equipment and devices.
6. Re-exported goods already
cleared from customs procedures must be fully gathered at and re-exported
through border gates within eight working hours after they arrive at the border
gates and are certified by the border-gate Customs Branches on handover
records. If such goods cannot be exported or have not been fully exported and
the trader requests in writing extension of the above time limit, the director
of the border-gate Customs Branch shall consider and approve such extension for
the full export of such goods in subsequent days, which must not exceed the
time limit for storage in Vietnam.
Pending their re-export, goods
shall be stored in border gate areas, including export inspection places as
recognized by the General Department of Customs, inland container depots (ICD)
or bonded warehouses in border gates of re-export; frozen goods may be stored in
warehouses or storing yards within border gates of re-export of enterprises
recognized and granted temporary import for re-export permits by the Ministry
of Industry and Trade.
7. Customs supervision of goods
re-exported through other border gates:
a/ Customs procedures,
inspection and supervision of goods already cleared from re-export procedures
but transported to other border gates for actual export must comply with Clause
4, Article 41 of Circular No. 128/2013/TT-BTC or Article 46 of Circular No. 196/2012/TT-BTC
or Article 33 of Circular No. 22/2014/TT-BTC;
b/ In case a trader requests
permission for goods export through auxiliary border gates or customs clearance
points under Clause 3 of this Article, after receiving the dossier and export
goods transferred by the Customs Branch carrying re-export procedures, the
Customs Branch of the border gate of export shall supervise goods to be
re-exported through these places.
8. Goods temporarily imported
for re-export regulated by this Circular may not be sold for domestic
consumption. A trader that sells goods for domestic consumption without
permission shall be handled in accordance with law.
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10. Reporting regime:
On the 10th every month,
provincial-level Customs Departments shall summarize and report on customs
clearance for goods temporarily imported for re-export to the General
Department of Customs according to the form provided by the latter.
Article 6. Customs
management of goods temporarily imported for re- export which are consigned to
bonded warehouses or inland container depots
1. Goods specified at Point b,
Clause 2, Article 1 of this Circular for which temporary import procedures have
been completed but re-export procedures have not yet been completed may only be
consigned to bonded warehouses or inland container depots managed by Customs
Branches of border gates of import. The physical inspection when re-export
procedures are carried out shall be conducted at bonded warehouses or inland
container depots managed by Customs Branches of border gates of import (below
referred to as bonded warehouses or inland container depots). Goods for which
re-export procedures have been completed may be consigned to bonded warehouses
or inland container depots in border gates of export.
2. Customs management of goods
temporarily imported for re-export which are consigned to bonded warehouses or
inland container depots
a/ Responsibilities of the
trader:
a.1/ After completing customs
procedures for temporary import or re- export, if the time limit for storage of
goods in Vietnam has not expired, to send to the Customs Branch carrying out
temporary import for re-export procedures a written request for permission to
consign goods to bonded warehouses or land container depots pending the
completion of re-export procedures or actual re-export;
a.2/ Preserve goods during the
period of storage in bonded warehouses or inland container depots;
a.3/ Submit 1 copy and produce
the original of the temporary import declaration or re-export declaration
cleared from customs procedures to the Customs Branch managing bonded
warehouses or inland container depots;
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b/ The leader of the Customs
Branch carrying out temporary import and re-export procedures shall give
certification (giving his/her signature and appending the officer seal) on the
written request and return it to the enterprise for carrying out procedures for
consignment to bonded warehouses or inland container depots, and concurrently
make and file a copy thereof in the customs dossier;
c/ The Customs Branch managing
bonded warehouses shall carry out customs procedures for goods for which
temporary import procedures have been completed as for goods consigned from the
inland to these bonded warehouses under the guidance in Clause 2, Article 59 of
Circular No. 128/2013/TT-BTC;
d/ The customs supervision of
goods for which temporary import customs procedures have been completed and
which are transported from border gates of import to bonded warehouses or
inland container depots pending the completion of re-export procedures shall be
conducted as for imported goods transferred from border gate to border gate.
Goods transported from bonded warehouses to border gates of export must comply
with the guidance in Point d, Clause 4, Article 10 of this Circular; goods
transported from inland container depots to border gates of export must comply
with the guidance in Clause 7, Article 5 of this Circular;
dd/ The liquidation, tax refund
or non-collection for goods temporarily imported for re-export and consigned to
bonded warehouses may be conducted only after these goods are actually
re-exported.
Section 3.
CUSTOMS PROCEDURES, INSPECTION AND SUPERVISION FOR GOODS TRANSFERRED FROM
BORDER GATE TO BORDER GATE
Article 7. Customs
procedures for goods transferred from border gate to border gate
Customs procedures, inspection
and supervision for goods transferred from border gate to border gate must
comply with the guidance in Article 42 of the Ministry of Finance’s Circular
No. 128/2013/TT-BTC of September 10, 2013.
Article 8. Customs
inspection and supervision for goods in border-gate transfer through Vietnamese
border gates
For goods in border-gate
transfer which are transported from a country of exportation to a country of
importation through a Vietnamese border gate without being consigned to bonded
warehouses or brought into cargo transshipment areas in Vietnamese ports, the
customs inspection and supervision shall be conducted as follows:
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To submit to the Customs Branch
of the locality where imported goods are in border-gate transfer one dossier
set which must comprise:
a/ A written request for
border-gate transfer of goods, made according to form No. 01/CKHH promulgated
together with this Circular;
b/ A goods border-gate transfer
permit granted by the Ministry of Industry and Trade for goods subject to
border-gate transfer permit prescribed in Circular No. 05/2014/TT-BTC: 1
original;
c/ A goods purchase contract or
goods sale contract: 1 copy;
d/ A bill of lading for
imports: 1 copy;
dd/ A bill of lading for
exports after goods are loaded onto the ship: 1 copy (to be submitted to the customs
office when export procedures are carried out).
2. Responsibilities of the
border-gate Customs Branch:
a/ To receive the dossier for
the import shipment in border-gate transfer; to check and compare the container
and lead numbers with those in the border-gate transfer dossier. In case the
border-gate transfer permit is granted by the Ministry of Industry and Trade
for many shipments for which procedures are repeatedly carried out, the
border-gate Customs Branch shall grant a reconciliation monitoring card for
each time of carrying out procedures under the guidance of the General
Department of Customs;
b/ To certify the importation
and give signature and append the officer seal to the written request of the
enterprise;
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d/ The supervising customs
officer at the border gate shall write the certification “Goods have gone
through the supervision area” on the written request for border-gate transfer
of goods (according to form No. 01/CKHH promulgated together with this
Circular) after the goods are loaded onto vehicles;
dd/ In case the goods in
border-gate transfer are exported through border gates other than the border
gate of import but in the same system of seaports under supervision by the
provincial-level Customs Department, after the goods are brought into the
customs supervision area in the border-gate of export, the supervising customs
officer shall write the certification “Goods have gone through the supervision
area” on the written request for border- gate transfer; the supervision of
goods transported from the border gate of import to the border gate of export
must be conducted as for goods in border- gate transfer under Article 61 of
Circular No. 128/2013/TT-BTC;
e/ In the course of inspection
and supervision, if detecting that the goods shipment in border-gate transfer
shows a sign of violation, the director of the border-gate Customs Branch shall
decide on physical inspection and handling of goods under regulations.
3. Goods in border-gate
transfer shall be exported out of the Vietnamese territory within 30 days after
the border-gate Customs Branches complete the receipt and examination of
customs dossiers or physical inspection of goods.
Section 4.
CUSTOMS PROCEDURES, INSPECTION AND SUPERVISION FOR GOODS CONSIGNED TO BONDED
WAREHOUSES
Article 9. Customs
procedures for goods brought from abroad into bonded warehouses pending their
exportation to other countries
1. Customs procedures for goods
brought from abroad into bonded warehouses before exportation to other
countries are the same as those for goods brought from abroad into bonded
warehouses and from bonded warehouses abroad guided in Article 59 of Circular
No. 128/2013/TT-BTC, Article 51 of Circular No. 196/2012/TT-BTC, and Article 30
of Circular No. 22/2014/TT-BTC. In addition, this Circular provides the
following guidance:
a/ When carrying out procedures
for consigning goods to bonded warehouses, a customs declarant shall declare
the temporary import for re- export code in Box 21 in the declaration of goods
brought into or out of bonded warehouses, made according to form HQ/2012-KNQ
promulgated together with the Ministry of Finance’s Circular No.
183/2012/TT-BTC of October 25, 2012, or information item 1.38 - Import permit
in Appendix II to Circular No. 22/2014/TT-BTC, and submit a copy and produce
the original of the temporary import for re-export code certificate for the
group of goods to be consigned to bonded warehouses granted by the Ministry of
Industry and Trade under the guidance in Circular No. 05/2014/TT-BCT;
b/ The bonded warehouse owner
shall submit the bill of lading specifying the name and address of the bonded
warehouse where goods are retained;
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2. Bonded warehouse owners and
goods owners shall handle and pay expenses for the handling of goods shipments
which show signs of deterioration or have expired to limit environmental
impacts and other warehoused goods in accordance with law. Bonded warehouse
owners and goods owners shall pay all expenses for the goods handling,
environmental sanitization, goods destruction and other expenses prescribed in
Clause 4, Article 15 of Circular No. 05/2014/TT-BCT.
3. Goods brought from abroad
into bonded warehouses are subject to physical inspection. The inspection form
and level must comply with regulations on risk management.
Article
10. Customs management of goods brought into or out of bonded warehouses
1. Goods specified at Point b,
Clause 2, Article 1 of this Circular which are brought from abroad into bonded
warehouses before exportation to other countries may be consigned to bonded
warehouses in localities under the management of Customs Branches of border
gates of import or Customs Branches of border gates of export.
2. Time limit for consignment
of goods to bonded warehouses:
The time limit for consignment
of goods to bonded warehouses must comply with the Customs Law and the
Government’s Decree No. 154/2005/ND-CP of December 15, 2005.
3. Border gates of import or
export:
Border gates of import or
export for goods brought from abroad into bonded warehouses before their
exportation to other countries are those for goods temporarily imported for
re-export guided in Clause 3, Article 5 of this Circular.
4. Customs supervision:
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b/ Goods transported to bonded
warehouses outside border gates of import or transported from bonded warehouses
to border gates of export shall be affixed with customs seals; the handover of
the supervision task between customs offices of border gates and customs
offices managing bonded warehouses must comply with regulations, ensuring that
goods are transported into and out of and stored in bonded warehouses; the
monitoring and customs supervision are coordinated under Clause 7, Article 5 of
this Circular on goods temporarily imported for re-export and according to the
General Department of Customs’ professional process of customs management of
imports and exports transferred from border gate to border gate;
c/ Goods owners (or bonded
warehouse owners authorized by goods owners) shall transport the goods
according to the routes, time and border gates registered with customs offices
and keep intact the goods and customs seals; the system of surveillance cameras
must keep video recordings related to goods shipments brought into or out of
bonded warehouses for 6 months for inspection by customs offices when
necessary; visual data may be stored in the system or computer diskettes.
d/ The supervision of goods
transported from border gates of import to bonded warehouses and from bonded
warehouses to border gates of export must comply with the guidance in Articles
59 and 61 of Circular No. 128/2013/TT-BTC. In case an enterprise requests
permission for exporting goods through auxiliary border gates or customs
clearance points under Clause 8, Article 11 of the Government’s Decree No.
187/2013/ND-CP of November 20, 2013, and the Ministry of Industry and Trade’s
guidance, after receiving the dossier and export goods transferred by the
Customs Branch managing the bonded warehouse, the Customs Branch of the border
gate of export shall supervise goods to be re-exported through such border
gates or points.
5. Goods brought from bonded
warehouses to border gates for export abroad shall be actually exported within
15 days from the date of ex- warehousing. For goods which are not actually
exported within 15 days after they are ex-warehoused, if the customs declarant
requests in writing and the leader of the Customs Branch of the border gate of
export gives a written certification and the time limit for consignment of
goods to bonded warehouses has not expired, the Customs Branch of the border
gate of export shall notify in writing the Customs Branch managing the bonded
warehouses of the status of goods consigned to the bonded warehouses and
supervise such goods until they are fully exported. In case the time limit for
consignment of goods to bonded warehouses has expired but such goods have not
yet been actually exported, the Customs Branch of the border gate of export
shall hand over the goods shipment to the Customs Branch managing the bonded
warehouses for handling as for goods left outside bonded warehouses beyond the
time limit for consignment to bonded warehouses. In case the destruction of
goods is required, destruction expenses shall be paid under the guidance of the
Ministry of Industry and Trade on management and use of deposits of
enterprises.
6. Inspection and reporting
regimes:
a/ On the 10th of the subsequent month,
bonded warehouse owners shall report on the status of goods brought from abroad
into bonded warehouses pending their exportation to other countries to
provincial-level Customs Departments managing bonded warehouses (according to
form No. 02/BC/KNQ promulgated together with this Circular). Provincial-level
Customs Departments shall summarize data on goods in bonded warehouses and
report them to the General Department of Customs on the 15th every
month;
b/ Every month, Customs
Branches managing bonded warehouses shall inspect and assess the status of
goods in bonded warehouses.
Section 5.
HANDLING OF CASES OF REFUSAL TO RECEIVE GOODS
Article
11. Refusal to receive goods
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a/ The goods are not consistent
with goods purchase and sale contracts as prescribed in Article 39 of the
Commercial Law;
b/ The goods are not consistent
with bonded warehouse rent contracts or the consignors fail to strictly
implement the terms stated in these contracts.
2. The refusal to receive goods
shall be made before the time of registration of temporary import declarations
or declarations of goods brought into or out of bonded warehouses.
3. The refusal to receive goods
showing signs of law violation is not accepted.
4. When customs offices have
grounds to believe that the goods refused by consignees named in bills of
lading are smuggled, such goods shall be handled like smuggled goods.
Article
12. Handling of refusal to receive goods
1. When detecting that the
consignor fails to strictly implement the terms of the purchase and sale
contract or bonded warehouse hiring contract, the consignee that refuses to
receive the goods shall submit to the customs office a dossier set comprising:
a/ A written notice of refusal
to receive goods, clearly stating the reason for refusal and proposing handling
measures (re-export, destruction or confiscation for auction);
b/ Documents proving the
consignor’s failure to strictly implement the terms of the purchase and sale
contract or bonded warehouse rent contract;
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In case the consignor consigns
the goods to a wrong address, the consignee shall send a written notice of
refusal to receive the goods to the customs office.
2. Places for notifying the
refusal to receive goods
a/ In case the goods are
currently subject to border-gate customs inspection and supervision, the
consignee shall notify the refusal to the border-gate customs office;
b/ In case the goods have been
transported to the bonded warehouse, the consignee shall notify the refusal to
the customs office managing such bonded warehouse.
3. Based on the consignee’s
dossier, the border-gate Customs Branch or the Customs Branch managing the
bonded warehouse shall coordinate with the customs control team in physically
inspecting the whole goods shipment for classifying and handling the goods
under the guidance in Clause 4 of this Article.
4. Classification and handling:
The classification and handling
of goods that consignees named in bills of lading refuse to receive must comply
with the guidance in the Ministry of Finance’s Circular No. 15/2014/TT-BTC of
January 27, 2014, on handling of goods left unclaimed in customs supervision
areas. Some contents are additionally guided as follows:
a/ In case of re-export: Based
on the consignee’s dossier, the border-gate Customs Branch or the Customs
Branch managing the bonded warehouse shall supervise goods until they are
actually exported out of the Vietnamese territory right at the border gate of
import;
b/ In case of destruction:
Provincial-level Customs Departments shall organize the destruction of goods.
Destruction expenses shall be deducted from consignees’ deposits or paid by
bonded warehouse owners;
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Section 6.
ORGANIZATION OF IMPLEMENTATION
Article
13. Effect
This Circular takes effect on
August 30, 2014, and annuls the Ministry of Finance’s Circular No.
59/2013/TT-BTC of May 8, 2013, guiding customs procedures, inspection and
supervision of a number of types of goods temporarily imported for re-export,
transferred from border gate to border gate and consigned to bonded warehouses.
Article
14. Transitional provisions
1. Customs procedures for frozen
food shipments temporarily imported for re-export of traders that have been
granted code certificates for temporary import for re-export of frozen foods
shall be carried out under the Ministry of Industry and Trade’s Circular No.
05/2014/TT-BCT of January 27, 2014, prescribing temporary import for re-export,
temporary export for re-import and border-gate transfer of goods.
2. Goods shipments which fall
within this Circular’s scope of regulation and have arrived at Vietnamese
border gates from abroad or have gone through procedures for consignment to
bonded warehouses but have not been brought out of bonded warehouses or have
gone through temporary import procedures but have not been re-exported before
the effective date of this Circular are subject to management policies, customs
procedures, inspection and supervision guided in this Circular.
Article
15. Organization of implementation
1. The General Director of
Customs shall guide customs units in uniformly implementing this Circular.
2. Any problems arising in the
course of implementation of this Circular should be reported by customs offices
and declarants to the Ministry of Finance (the General Department of Customs)
for consideration, guidance and settlement.-
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FOR THE
MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan
(All the forms
promulgated together with this Circular are not translated).