THE MINISTRY
OF TRANSPORT – THE MINISTRY OF FINANCE – THE MINISTRY OF TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
08/2004/TTLT-BTM-BTC-BGTVT
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Hanoi,
December 17, 2004
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JOINT CIRCULAR
OF
THE MINISTRY OF TRADE – THE MINISTRY OF FINANCE – THE MINISTRY OF TRANSPORT NO.
08/2004/TTLT- BTM-BTC-BGTVT OF DECEMBER 17, 2004 GUIDING IMPLEMENTATION OF
CONTAINER TRANSSHIPMENT SERVICES AT SEAPORTS OF VIETNAM
Pursuant to the Commercial Law
of May 10, 1997; the Law on Customs of June 29, 2001 and the Vietnamese
Maritime Code, of June 30, 1990;
Pursuant to the directing
opinion of the Prime Minister at the document No.1163/VPCP-CN, of March 15,
2004 of the Office of Government on container transshipment service at seaports
of Vietnam;
Inter Ministries: of Trade –
Finance – Transport guiding implementation of container transshipment services at seaports of Vietnam as follows:
I. GENERAL PROVISIONS
1. This Joint Circular guides only
implementation of container transshipment services at seaports of Vietnam and
applies to seaport enterprises and relevant organizations, individuals.
2. Interpretation of terms
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a. “Container transshipment services”
mean loading and unloading containers at the request of transporters through
the following forms:
- Unloading containers transported
on means of transport from foreign countries to seaports of Vietnam and loading
for other means of transport in order to transport out off Vietnam’s territory;
- Unloading containers transported
on means of transport from foreign countries to seaports of Vietnam and brought
into preservation at transshipment areas of seaports in a defined time, then
loading such containers for other means of transport in order to transport out
off Vietnam’s territory;
b. “Container transshipment areas”
mean areas of seaports being serviced for only implementation of container
transshipment services, separate completely with other areas of seaports and
being supervised by customs agencies.
c. “Means of transport” include
sea ships, planes, transport cars, trains, and inland waterway vessels.
d. “Transshipment goods” include
kinds of goods packed in transshipment container.
e. “Transporters” are persons use
means of transport which they possess or persons use means of transport which
they are leased by other persons in order to implement the container transport
services or legal representatives of above-mentioned subjects.
3. All Vietnamese seaport
enterprises eligible as guides in item 1, part II of this
Circular are allowed to perform the container transshipment services.
II. CONDITIONS FOR SEAPORTS TO
PERFORM THE TRANSSHIPMENT SERVICES AND NOTIFICATION ON IMPLEMENTATION OF
CONTAINER TRANSSHIPMENT SERVICES AT SEAPORTS
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a. Seaports have been announced by
competent state agencies to allow domestic and overseas ships entering and
leaving out for loading and unloading container.
b. Having full technical
infrastructure and setting up a container transshipment area such as stated in
clause b item 2 part I of this Circular.
2. Being not later than 15 days
before performing the container transshipment services, seaport enterprises
must send to the Ministry of Trade, the Ministry of Finance (the General
Department of Customs), the Ministry of Transport and local customs agencies a
written notification on beginning to perform the container transshipment
services at their seaports.
III. TRANSSHIPMENT GOODS,
LOADING AND UNLOADING, DELIVERY AND RECEIPT, PRESERVATION; RESPONSIBILITIES OF
SEAPORT ENTERPRISES AND TRANSPORTER FOR TRANSSHIPMENT GOODS
1. Transshipment goods at seaports
of Vietnam are goods not subject to goods banned from
transshipment stated in item 2 this part and packed in containers.
2. Goods banned for transshipment
at seaports of Vietnam comprise:
a. Kinds of weapons, ammunition,
explosives, military technical equipments;
b. Kinds of narcotic;
c. Atom waste and toxic chemicals
in List of toxic chemicals banned from export and import as prescribed by law
of Vietnam.
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a. The transporters should send a
written notification (in according to Form in Annex 1) to seaport enterprises
to request for container transshipment at seaports (hereinafter referred to as
transshipment notification).
b. If the transshipment
notifications stated in this clause a item 3 are accepted by seaport
enterprises, they shall be considered like as contracts of container
transshipment services having been concluded.
4. Loading and unloading, delivery
and receipt, and preservation of transshipment containers at seaports of
Vietnam shall comply with provisions of Vietnamese law and international common
practices.
5. Based on agreement between
transporters and seaport enterprises, after bringing goods packed in
transshipment containers into container transshipment areas, they may be
arranged, re-packed, reinforced, repaired or replaced by new containers.
6. The transporters are
responsible for the conformity and accuracy of goods packed in transshipment
containers at seaports of Vietnam comparing to the transshipment notifications
having sent to seaport enterprises.
7. Seaport enterprises are
responsible for transshipment containers since such containers being unloaded
from means of transport to bring into the container transshipment area of seaports
until such transshipment containers are loaded on means of transport in order
to transport out off Vietnam’s territory.
8. On January 15 yearly, seaport
enterprises doing container transshipment services must have written report on
result of container transshipment service performance of the proceeding year
(in according to Form in Annex 2) to the Ministry of Trade, the Ministry of
Finance (the General Department of Customs) and the Ministry of Transport.
IV. CUSTOMERS PROCEDURES FOR GOODS PACKED IN TRANSSHIPMENT CONTAINER
1. The transshipment goods stated
in the transshipment notification which have been accepted by seaport
enterprises, in case being brought into container transshipment areas of
seaports or transported from container transshipment areas of seaports for
loading on means of transport in order to bring out off Vietnam’s territory,
will be exempted field inspection, unless there are signs of violation of
Vietnamese law.
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3. The transshipment goods at
seaports of Vietnam are not subject to pay export tax, import tax and other
taxes for export or import goods. In case importing transshipment goods at
seaports of Vietnam into Vietnam, they must comply with current law on export
or import goods.
4. All transshipment containers
since being unloaded from means of transport to put into preservation in the
container transshipment areas of seaports until being loaded on other means of
transport in order to transport out off Vietnam’s territory must be supervised
by customs agencies.
For transshipment containers
passing Vietnam’s territory, customs procedures are performed as procedures for
transit goods.
5. Transshipment containers may be
allowed to move from a container transshipment area of seaport to other customs
area in scope of a seaport but they must be permitted and supervised by customs
agencies.
V. HANDLING OF TRANSSHIPMENT
GOODS BEING DROPPED, BROKEN, FAULT AND MEANS OF
TRANSPORT FAILING TO COME FOR RECEIVING GOODS
1. In the course of loading and
unloading, delivery and receive, and preservation at seaports, if transshipment
containers are dropped, broken, fault or upon container is not intact with lead
seal, seaport enterprises together with transporters must agree for a measure
to solve in conformity with provisions of Vietnamese law and international
common practices.
2. In case a transshipment
container is dropped, broken, fault and at the request of owner or legal
representative of owner, the goods packed in this transshipment container will
be bought, awarded or destroyed in Vietnam as prescribed by Vietnamese law on
import, export goods.
3. If there is no means of
transport coming to receive transshipment container as agreed period, seaport
enterprises shall notify in writing for transporters and after time limit of 90
(ninety) days, since sending the written notification but still not receiving
any written answer, seaport enterprises are entitled to handle those
transshipment goods in according to provisions of Vietnamese law on ownerless
goods. For goods being fast-spoiled kinds, having ability of causing
environment pollution, they may report to competent agencies to permit for
handling in a sooner time limit.
VI. PAYMENT OF TRANSSHIPMENT
SERVICE CHARGES AND HANDLING OF VIOLATION
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2. Organizations, individuals
conduct acts breaching this Joint Circular, depend on extent of violation,
shall be sanctioned administratively; individuals conduct acts breaching law
seriously shall be examined for penal liability; if causing damages, must pay
compensation as prescribed by law.
3. This Joint Circular takes effect
after 15 day from the day of printing in Public Gazette and replaces Decisions
No. 815/2001/QD-BTM, of August 01, 2001 of the Minister of Trade, No.
770/2001/QD-TCHQ, of May 21, 2001 of Director General of the General Department
of Customs.
Nguyen Tien
Sam
(Signed)
Tran Duc
Minh
(Signed)
Truong Chi
Trung
(Signed)
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