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THE MINISTRY
OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 9327/BTC-TCHQ
Re: Pilot customs procedures for transit goods
packaged and spliced in containers shared with import goods, export goods
transported by road.
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Hanoi, July
11, 2012
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Respectfully
to:
Customs Departments in provinces,
cities: Lang Son, Ha Noi city, Quang Binh, Quang Tri, Ho Chi Minh city,
Tay Ninh
In order to facilitate for the
Vietnam overland Transport and Logistic Corporation on issue stated in the
subject, the Ministry of Finance guides Customs Departments in provinces,
cities in unifying implementation of pilot customs procedures for transit goods
packaged and spliced in containers shared with import goods, export goods
transported by road as follows:
I. General
guidance:
1. On transit goods packaged
and spliced in shared container:
1.1. For transit goods packaged and
spliced in container shared with import goods moving port to port:
a) Transit goods passing Vietnam’s
territory to go third country shall comply with provisions in item 5 of the
Commercial Law and Chapter VII of the Government’s Decree No. 12/2006/ND-CP, of
January 23, 2006 detailing the implementation of the Commercial Law on
international purchases and sales of goods; and agency for sale and purchase,
processing and transit of goods involving foreign parties.
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c) The transit goods are transported from border-gate where importing to port of final
destination/place of delivery indicated in the road bill of lading under
transport contract of import goods moving port to port for implementation of
customs procedures.
1.2. For the transit goods which have
done procedures, packaged and spliced in container shared with export goods which have done procedures:
a) The transit goods which have done
procedures, are packaged and spliced in container shared
with the small export goods which have done procedures.
b) The transit goods which have done
procedures, are transported together with the export goods
which have done procedures for transfer of border-gate from Customs
Sub-Department (where doing export procedures) to the exporting border-gate to
export abroad.
1.3. The transit goods, import goods
moving port to port, export goods transferring border-gate, packaged, spliced
in a shared container must have separate packaging
specification (bales, cask, packaging, etc) marked with number – symbol at
outside of each packaging in order to distinguish transit goods, import goods,
export goods and to ensure work of supervision, management of customs agencies
and relevant functional agencies.
1.4. The transit goods/ import goods
moving port to port/ export goods transferring border-gate being bulk goods/
not being small goods/ without separate packing specification are not allowed
to packaged and spliced in a shared
container.
2. On routes, border-gates:
Routes and border-gates for means of
transport carrying the transit goods, import goods moving port to port, export
goods transferring border-gate:
2.1. From China to Vietnam and vice
versa through the Huu Nghi international border-gate in Lang Son
province.
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2.3. From Cambodia to Vietnam and
vice versa through the Moc Bai international border-gate in Tay Ninh province.
3. Locations to do customs
procedures:
3.1. For the transit goods, import
goods moving port to port, customs procedures are performed at the Customs Sub-Department of Tien
Son ICD, under the Customs Department of Hanoi city and the Customs
Sub-Department of border-gate in Saigon port, region 4, under the Customs
Department of Hochiminh city.
3.2. For export goods, customs
procedures are performed at location doing customs procedures under current
regulations.
II. Specific
guidance:
1. For the transit goods
packaged and spliced in container shared with import goods moving port to port:
1.1. The transit goods transported
from border-gate where importing to port of final destination/place of delivery
indicated in the road bill of lading under transport contract of import goods
for implementation of customs procedures, specifying: When a consignment
(including transit goods and import goods moving port to port arrives Huu Nghi/ Cha Lo/ Lao Bao/ Moc Bai border-gates for importing, the
transporter shall continue transporting it to the final
destination/place of delivery indicated in the road bill of lading for import
goods moving port to port being: Tien Son ICD in Bac Ninh/
Phuoc Long 3 ICD in Ho Chi Minh city.
1.2. Customs Sub-Departments of
Huu Nghi, Cha Lo, Lao Bao, Moc Bai international border-gates shall implement the following work:
1.2.1. For import goods moving port
to port:
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1.2.2. For the transit goods:
a) Customs officers receive 01 declaration of transit goods (copy from the original, with presenting the
original) from the customs declarer or the representative; check, compare
content between the original and copy; sign for confirmation, have their stamp
on copy of content checked, compared with the original; have signature, their
stamp and receipt stamp on the original and return it for the customs declarer
or the representative.
b) Making 02 transmittal dispatch of
transit goods (in according to Form HQ-PCHQC promulgated together with this
official dispatch).
c) Receiving the fax of transmittal
dispatch of transit goods, which are confirmed and sent (acknowledgement) by
Customs Sub-Department of Tien Son ICD, Customs
Sub-Department of border-gate in
Saigon port, region 4, in order to perform liquidation of dossier; entering
data into computer/ book of management and monitor of transit goods, content of
management including criteria in the transmittal dispatch
of transit goods; keep dossier for archive as prescribed.
1.2.3. Sealing dossier of consignment
(hereinafter referred to as dossier), dossier comprises of Documents related to
import goods moving port to port specified in the Decision No. 2406/QD-TCHQ, of
November 04, 2011 of the General Department of Customs, declaration of transit
goods (01 original with receipt stamp, signed and stamped
of customs officer).
1.2.4. Handing dossier for
enterprises in order to forward it to Customs
Sub-Department of ICD Tien Son, the Customs Sub-Department of border-gate in
Saigon port, region 4.
1.3. Customs Sub-Departments of
Tien Son ICD, the Customs Sub-Department of border-gate in Saigon port, region
4 shall implement the following work:
1.3.1. Receiving dossiers of
consignments, consignments:
a) Receiving dossiers of consignments
and consignments are performed in accordance with the professional process of
customs management and supervision for import goods moving port to port
promulgated together with the Decision No. 2406/QD-TCHQ, of November 04, 2011
of the General Department of Customs.
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b1) The customs officers shall confirm on the transmittal dispatch of transit goods for actual
receipt of transit goods (checking, comparing information of transit goods on the transmittal dispatch with actual receipt); right
after finishing confirmation on the transmittal dispatch, customs officers
shall fax the transmittal dispatch (acknowledgement) to Customs
Sub-Departments of Huu Nghi, Cha Lo, Lao Bao, Moc Bai international
border-gates for liquidation of dossiers.
b2) Supervising unloading goods of
enterprises from means of transport in order to bring goods into the warehouse
(sealing warehouse)/ for customs procedures performance.
1.3.2. Customs procedures for the
transit goods:
a) Procedures are performed in
accordance with Article 19 of the Government’s Decree No. 154/2005/ND-CP, of
December 15, 2005, detailing the implementation of a number of articles of the
Customs Law on procedures, regimes in customs inspection and
supervision.
b) For transit goods of many owner,
enterprises are allowed to make customs declaration in 01 declaration of transit goods (HQ/2002-QC) enclosed
to list of transit goods (01 original, with receipt stamp of Customs
Sub-Departments of Huu Nghi/ Cha Lo/ Lao Bao/ Moc Bai international
border-gates).
1.3.3. Customs procedures for the
import goods:
Customs procedures are performed as
prescribed for each type of corresponding import goods.
2. For the transit goods,
which have done procedures, packaged and spliced in container shared with
export goods which have done procedures:
2.1. The transit goods which have
done procedures, are transported together with the export
goods which have done procedures for transfer of border-gate from Customs
Sub-Department of Tien Son ICD, Customs Sub-Department of border-gate in Saigon
port, region 4, to Customs Sub-Departments of Huu Nghi, Cha Lo, Lao Bao, Moc
Bai international border-gates in order to export abroad.
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2.2.1. For export goods transferring
border-gate:
Procedures for export goods transferring
border-gate are performed in accordance with the professional
process of customs management for export goods, import goods transferring
border-gate, promulgated together with the Decision No.
209/QD-TCHQ, of January 29, 2011 of the General Department of Customs.
2.2.2. For the transit goods:
a) Supervising goods of enterprises
being brought from warehouses for doing customs procedures/
loading goods on means of transport (have done customs procedures) packaged in
container shared with export goods which have done customs procedures in order
to transport to border-gate for exporting.
b) Making 02 transmittal dispatch of
transit goods (in according to Form HQ-PCHQC promulgated together with this
official dispatch).
c) Receiving the fax of transmittal
dispatch of transit goods, which are confirmed and sent (acknowledgement) by
Customs Sub-Departments of Huu Nghi/ Cha Lo/ Lao Bao/ Moc
Bai international border-gates in order to do as bassis to
request enterprises for presenting declaration of transit goods (copy kept by
the customs declarer) with confirmation on actual exwarehousing of Customs
Sub-Departments of border-gate for export in order to implement
liquidation of dossiers; entering data into computer/ book
of management and monitor of consignments, content of management including
critere in the transmittal dispatch of transit goods; keeping dossier for archive as prescribed.
2.2.3. Sealing dossier of consignment
(hereinafter referred to as dossier), dossier comprises of Documents related to
export goods transferring border-gate specified in the
professional process of customs management for export goods, import goods transferring
border-gate promulgated together with the Decision No.
209/QD-TCHQ, of January 29, 2011 of the General Department of Customs, list of
transit goods (01 original with receipt stamp, signed and stamped of customs officer), declaration of transit goods (copy kept by
customs declarer), 01 transmittal dispatch of transit goods.
2.2.4. Handing dossier for
enterprises in order to forward it to Customs
Sub-Departments of Huu Nghi/ Cha Lo/ Lao Bao/ Moc Bai international
border-gates.
2.3. Customs Sub-Departments of
Huu Nghi, Cha Lo, Lao Bao, Moc Bai international border-gates shall implement
the following work:
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a) Receiving dossiers of consignments
and consignments are performed in accordance with the professional process of
customs management for export goods moving port to port promulgated together
with the Decision No. 209/QD-TCHQ, of January 29, 2011 of the General
Department of Customs.
b) For the transit goods: The customs
officers shall confirm on the transmittal dispatch for
actual receipt of consignment which packaged and spliced with transit goods,
right after finishing confirmation on the transmittal dispatch, the customs
officers shall fax transmittal dispatch (acknowledgement)
for the Customs Sub-Department of Tien Son ICD, Customs Sub-Department of
border-gate in Saigon port, region 4 for liquidation of dossier.
3. Contents of pilot guidance
stated above are implemented until ending of July 15, 2013.
3.1. In June 2013, Director General of
the General Department of Customs shall assume the prime responsibility for,
and coordinate with the Vietnam overland Transport and Logistic Corporation,
Customs Departments of relevant provinces and cities in organization to
summarize, assess results of implementation of pilot contents guided in this
official dispatch and propose reports to the Ministry of Finance.
3.2. The Director General of the
General Department of Customs shall direct Directors of Customs Departments of
provinces and cities, the Vietnam overland Transport and Logistic Corporation
in taking responsibility for organization to manage, supervise and implement
contents of pilot guidance in this
official dispatch.
In the course of implementation, any
arising problems exceeding competences for settlement of Customs Departments of
provinces and cities, the Vietnam overland Transport and Logistic Corporation,
should be reported to the Ministry of Finance (through the General Department
of Customs) for consideration and settlement.
FOR THE
MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan
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HQ-PCHQC
THE AGENCY IN
CHARGE
THE ISSUING-WRITTEN AGENCY
-------
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: …………………./PC-CQBHVB
THE TRANSMITTAL DISPATCH
TRANSIT GOODS PACKAGED AND SPLICED IN
CONTAINER SHARED WITH IMPORT GOODS/ EXPORT GOODS BY ROAD
I. Part for Customs Sub-Department
making dispatch:
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The transit consignment packaged and
spliced in container shared with import/export goods transported to Customs
Sub-Department........................... for doing customs procedures.
Time of transport: at ………. o’clock
……….date ………….month ………year ……
The anticipated time to arrive
Customs Sub-Department...........................: at ………. o’clock ……….date
………….month …………year ……………….
Means of transport: ………………………………; The
identification number of means of transport:........................
Quantity of bags, packs: …….; the
number sign of container (if any); total weight:.....
Sealing of
transport firm:………………………………………………………………………
Sealing of
Customs
agency:...........................................................................................
Documents enclosed to: ………………………………………………………………………
........................................................................................................................................
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Staff of enterprise, who transports goods with signature, fullname:
………………………
II. Part for Customs
Sub-Department receiving the transmittal dispatch:
Time of receipt: at ………. o’clock ……….date
………….month …………year …………
Confirmation on actual conditions of
customs sealing and transport firm’s sealing:
.........................................................................................................................................
.........................................................................................................................................
...............................................................................................................................................
Customs officer receiving the transmittal dispatch, signature and stamp of customs officer :……….
Staff of enterprise receiving goods
with signature, fullname: ………………………………………
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CUSTOMS
SUB-DEPARTMENT MAKING DISPATCH
Date month
year 20
(customs officer's signature and stamp)
CUSTOMS
SUB-DEPARTMENT RECEIVING DISPATCH
Date month
year 20
(customs officer's signature and stamp)
Note:
If transit goods are packaged and spliced with import goods, making a
strikeout line by "export" word and vice versa.