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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
64/2011/TT-BTC
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Hanoi,
May 13, 2011
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CIRCULAR
GUIDING THE PRIME MINISTER’S DECISION NO. 19/2011/QD- TTG OF
MARCH 23, 2011, ON THE PILOT ACCEPTANCE OF ELECTRONIC CARGO DECLARATIONS AND
OTHER RELEVANT DOCUMENTS AND PILOT APPLICATION OF E-CUSTOMS CLEARANCE FOR
SEAGOING SHIPS ON ENTRY AND EXIT
Pursuant to June 29, 2001 Customs
Law No. 29/2001/QH10 and June 14, 2005 Law No. 42/2005/QH11 Amending and
Supplementing a Number of Articles of the Customs Law;
Pursuant to June 14, 2005
Vietnam Maritime Code No. 40/2005/QH11; Pursuant to November 29, 2005 Law No.
51/2005/QH11 on E-Transactions;
Pursuant to the Government’s
Decree No. 71/2006/ND-CP of July 25, 2006, on management of seaports and marine
navigable channels;
Pursuant to the Government’s
Decree No. 154/2005/ND-CP of December 15, 2005, providing customs procedures
and the regime of customs inspection and supervision;
Pursuant to the Government’s
Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Finance;
Pursuant to the Prime
Minister’s Decision No. 19/2011/QD-TTg of March 23, 2011, on the pilot
acceptance of electronic cargo declarations and relevant documents and pilot
application of e-customs clearance for seagoing ships on entry and exit;
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Chapter I
GENERAL GUIDANCE
Article 1.
Scope of regulation
This Circular guides the pilot
acceptance of cargo declarations and other relevant documents presented in the
form of electronic data and pilot application of e-customs clearance for
seagoing ships on entry and exit (below collectively referred to as e-customs
procedures for seagoing ships on entry and exit).
Article 2.
Subjects, duration and place of pilot application
1. Subjects, duration and place
of pilot application
Subjects, duration and place of
pilot application comply with Clauses 2, 3 and 4, Article 1 of the Prime
Minister’s Decision No. 19/2011/QD-TTg of March 23, 2011.
2. The selection of shipping
companies/shipping agents and district-level seaport Customs Departments to
participate in the pilot application of e- customs procedures in each period
shall be decided by the General Department of Customs. The procedures for
notification and selection of subjects participating in the pilot application
of e-customs procedures are specified as follows:
a/ Shipping companies/shipping
agents send a notice of participation (made according to form No. 1 provided in
Appendix I) via electronic means to the e-Portal of the General Department of
Customs;
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c/ If, for force majeure
reasons, notices of shipping companies/shipping agents and replies of the
General Department of Customs cannot be sent via electronic means as specified
at Points a and b, Clause 2 of this Article, they shall be made in paper
documents.
Article 3.
Interpretation of terms
In this Circular, the terms
below are construed as follows:
1. E-customs procedures for
seagoing ships on entry and exit means customs procedures under which the
making of customs declaration, receipt of cargo declarations and other relevant
documents and issuance of customs clearance decisions for seagoing ships on
entry or exit are carried out via the customs e-data processing system.
2. Customs e-data processing
system means an information system which is solely managed and used by the
General Department of Customs to carry out e-customs procedures.
3. E-customs declaration system
means an information system which is managed and used by customs declarants to
carry out e-customs procedures.
4. E-customs clearance for
seagoing ships on entry or exit means the issuance of customs clearance
decisions for seagoing ships on entry or exit by customs offices via electronic
means.
Article 4.
Principles of e-customs procedures applicable to seagoing ships on entry or
exit
1. Customs declarations must be
made and submitted before ships arrive at or leave ports under Article 3 of the
Prime Minister’s Decision No.19/2011/QD-TTg of March 23, 2011.
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Article 5.
E-customs declaration for seagoing ships on entry or exit
1. Customs declarants:
a/ Shipping companies;
b/ Shipping agents;
c/ Forwarding companies.
2. Creation of customs
declaration information:
a/ Shipping companies/shipping
agents shall create, send and receive e- information under the guidance in
Articles 6, 7, 10 and 11 of this Circular;
b/ For a ship which is
co-operated by many shipping companies/shipping agents, the company/agent
participating in the pilot application of e-customs procedures shall request
co-operating companies/agents to create and send e-information under the
guidance in Clause 1, Article 6 of this Circular;
c/ In case a shipping
company/shipping agent lacks sufficient details on the house bill of lading
such as those on goods descriptions, consignor and consignee, the forwarding
company that has issued such bill of lading shall create and send detailed
information on the house bill of lading via electronic means to the e-Portal of
the General Department of Customs according to a roadmap guided by the General
Department of Customs.
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4. The General Department of
Customs shall guide in detail the creation of declarations included in
e-customs dossiers of seagoing ships on entry or exit.
Chapter II
PROCEDURES FOR RECEIVING
CUSTOMS DECLARATIONS AND EFFECTING E-CUSTOMS CLEARANCE FOR SEAGOING SHIPS ON
ENTRY
Section I:
PROCEDURES FOR CREATING, SENDING AND PROCESSING CUSTOMS DECLARATIONS OF
SEAGOING SHIPS ON ENTRY
Article 6.
Creation of e-customs dossiers
1. Customs declarants may select
either of the following two forms of creating e-declarations:
a/ Creating e-declarations
according to standard formats announced by the General Department of Customs
for sending to the e-Portal of the General Department of Customs; or
b/ Making e-declarations
directly on the e-Portal of the General Department of Customs.
2. An e-customs dossier consists
of 8 documents (made according to forms provided in Appendix II), including:
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b/ A house bill of lading (form
No. 2);
c/ A general declaration (form
No. 3);
d/ A crew list (form No. 4);
e/ A declaration of crew’s
effects (form No. 5);
f/ A declaration of ship’s store
(form No. 6);
g/ A list of passengers (if any)
(form No. 7);
h/ A manifest of dangerous
cargoes, in case of carrying dangerous cargoes (form No. 8).
Article 7.
Procedures for sending and receiving e-customs dossiers
1. Time limits for sending
e-customs dossiers:
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a.1/ For ships in under 5-day
voyages: At least 12 hours before the expected time of arrival;
a.2/ For ships in other voyages:
At least 24 hours before the expected time of arrival.
b/ For house bills of lading:
Forwarding companies shall comply with the pilot roadmap guided by the General
Department of Customs;
c/ For documents specified at
Points c, d, e, f, g and h, Clause 2 of Article 6: At least 8 hours before the
expected time of arrival. In case shipping companies/agents can obtain these
documents concurrently with the cargo manifest, they may provide them to
customs offices concurrently with the cargo manifest under the guidance at
Point a, Clause 1 of this Article;
d/ In case a customs declarant,
for force majeure reasons, cannot send e- declarations according to Clause 1 of
this Article, when the ship arrives at the port, it shall send a paper notice
thereof and carry out customs procedures with paper dossiers under current
regulations.
2. Receipt and processing of
e-customs dossiers:
a/ The customs e-data processing
system receives e-customs declarations 24 hours a day and 7 days a week;
b/ Processing of e-declarations:
b.1/ In case e-declarations are
sufficient and compliant with prescribed formats, the customs e-data processing
system shall automatically send a notice of acceptance of customs declarations
(made according to form No.9 provided in Appendix II);
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3. Modifications and
supplementations to e-customs dossiers of seagoing ships on entry:
a/ A customs declarant who wants
to modify or supplement an e-customs dossier of a seagoing ship on entry which
has been sent to a customs office shall create modified or additional
declarations and send them via electronic means to the customs office which
carries out customs procedures for the ship. If, for force majeure reasons, the
customs declarant cannot send modified or additional declarations via
electronic means, it shall send a notice to the customs office and submit
modified or additional declarations in paper documents. The time of making
modified or additional declarations is specified as follows:
a.1/ Modified or additional
declarations to the import manifest or house bill of lading must be made before
the time of registration of the customs declaration for the import consignment;
a.2/ Modified or additional
declarations to other documents must be made before the ship arrives at port.
b/ District-level Customs
Departments which carry out procedures for ships on entry shall received
modified or additional declarations and update them in the system for provision
to functional units to perform relevant professional operations.
Section II:
CUSTOMS CLEARANCE PROCEDURES FOR SEAGOING SHIPS ON ENTRY
Article 8.
Processing of customs declaration information
District-level border-gate
Customs Departments which carry out procedures for ships on entry shall check,
synthesize and analyze customs declaration information available on the system
(information provided in cargo manifests and relevant documents and risk
management information) and proceed with the following:
1. If customs declaration
information is lawful and reliable, customs offices shall effect customs
clearance for ships under Article 9 of this Circular.
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Article 9.
Customs clearance for ships
1. District-level border-gate
Customs Departments which carry out procedures for ships on entry shall send an
e-notice or a paper notice of customs clearance for seagoing ships (made
according to form No. 10 provided in Appendix II) to customs declarants, port
authorities, concerned agencies and port operators (paper notices shall be sent
to recipients who are incapable of receiving e-notices). Such a notice must
clearly state that:
a/ The ship is cleared from
customs procedures;
b/ The ship is cleared from
customs procedures after all necessary professional operations are performed,
for the cases guided in Clause 2, Article 8 of this Circular.
2. Customs declarants shall
comply with decisions and instructions of customs offices according to notices
of customs clearance for seagoing ships.
3. After the ship anchors at a
safe place designated by the port authority and all entry procedures with other
management agencies are completed, the shipping company/shipping agent shall
send a notice of ship arrival (made according to form No. 2 provided in
Appendix II) via electronic means to the district-level Customs Department
which has carried out procedures for the ship. The time for sending a notice of
ship arrival shall be determined to be the time when imports carried on board
the ship arrive at a Vietnamese border gate, to serve the implementation of
relevant management policies.
Chapter
III
PROCEDURES FOR RECEIVING
CUSTOMS DECLARATIONS AND EFFECTING E-CUSTOMS CLEARANCE FOR SEAGOING SHIPS ON
EXIT
Section I:
PROCEDURES FOR CREATING, SENDING AND PROCESSING CUSTOMS DECLARATIONS FOR
SEAGOING SHIPS ON EXIT
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1. Customs declarants may select
one of the following forms of making e- customs declarations:
a/ Making e-declarations
according to standard formats announced by the General Department of Customs
for sending to the e-Portal of the General Department of Customs; or
b/ Making e-declarations
directly on the e-Portal of the General Department of Customs.
2. An e-customs dossier consists
of 6 documents made according to the forms provided in Appendix II to this
Circular, including:
a/ A declaration of exports (form
No. 1);
b/ A general declaration (form
No. 3);
c/ A crew list (form No. 4);
d/ A declaration of crew’s
effects (form No. 5);
e/ A declaration of ship’s store
(form No. 6);
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Article 11.
Procedures for sending and receiving e-customs dossiers
1. Time limits for sending
e-customs dossiers:
a/ Customs declarants shall send
e-customs dossiers at least 1 hour before the ship leaves the port. In case
customs declarants fail to provide sufficient information to customs offices by
that time, they shall send modified or additional declarations no later than 6
hours after the ship leaves the port under the guidance in Clause 3 of this
Article;
b/ A customs declarant who, for
force majeure reasons, cannot send e- declarations specified in Clause 2,
Article 10 above shall make a paper notice thereof and carry out customs
procedures with a paper dossier according to current regulations.
2. Receiving and processing
e-customs dossiers:
a/. The customs e-data
processing system shall receive e-declarations 24 hours a day and 7 days a
week;
b/ Processing e-declarations:
b.1/ In case e-declarations are
sufficient and compliant with prescribed formats, the customs e-data processing
system shall automatically send a notice of acceptance of customs declarations
(made according to form No.9 provided in Appendix II);
b.2/ In case e-declarations are
insufficient, the customs e-data processing system shall automatically send a
notice of non-acceptance (made according to form No. 9 provided in Appendix II)
and guide customs declarants to make re-declaration;
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a/ A customs declarant who wants
to modify or supplement an e-customs dossier of a seagoing ship on exit which
has been sent to a customs office shall create modified or additional
declarations and send them via electronic means to the customs office which
carries out customs procedures for the ship;
b/ The district-level Customs
Department which carries out procedures for the ship on exit shall receive
modified or supplemented declarations and update them in the system for
provision to functional units to perform relevant professional operations.
Section II:
CUSTOMS CLEARANCE PROCEDURES FOR SEAGOING SHIPS ON EXIT
Article 12.
Processing customs declaration information
District-level border-gate
Customs Departments which carry out procedures for ships on exit shall check,
synthesize and analyze custom declaration information available on the system
and proceed with the following:
1. If customs declaration
information is lawful and reliable, customs offices shall effect customs
clearance for ships under Article 13 of this Circular.
2. If detecting any signs of violation
of the customs law and other relevant laws, customs offices shall coordinate
with port authorities and other functional agencies in handling the cases
according to Clause 3, Article 51 of the Customs Law.
Article 13.
Customs clearance for ships
1. District-level Customs
Departments which carry out procedures for ships on exit shall send an e-notice
or a paper notice of customs clearance for seagoing ships (made according to
form No. 10 provided in Appendix II) to customs declarants, port authorities,
concerned agencies and port operators (paper notices shall be sent to
recipients who are incapable of receiving e- notices), clearly stating that:
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b/ The ship is cleared from
customs procedures after all necessary professional operations are performed,
for the cases guided in Clause 2, Article 12 of this Circular.
2. Customs declarants shall
comply with decisions and instructions of customs offices according to notices
of customs clearance for seagoing ships.
3. After completing all exit
procedures at management agencies, shipping companies/shipping agents shall
send a notice of ship departure via electronic means to the district-level
Customs Department which has carried out procedures for the ship (made according
to form No. 3 provided in Appendix I). The time of sending such a notice is
determined to be the time the ship, together with exports on board, leaves the
Vietnamese port, to serve the implementation of relevant management policies.
Chapter IV
ORGANIZATION OF
IMPLEMENTATION
Article 14.
Effect
This Circular takes effect on
June 28, 2011.
Article 15.
Organization of implementation
1. The General Director of
Customs shall, pursuant to the Prime Minister’s Decision No. 19/2011/QD-TTg of March
23, 2011, and this Circular:
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b/ Build the General Department
of Customs’ e-Portal and e-customs declaration system;
c/ Decide on the selection of
shipping companies, shipping agents and district-level seaport Customs
Departments to participate in the pilot application in each period;
d/ Work out a plan on provision
of instructions and guidelines to customs offices participating in the pilot
application of e-customs procedures and take the initiative in coordinating
with concerned organizations and individuals in implementing this plan;
e/ Work out a roadmap for and
guide forwarding companies to create and send e-data on house bills of lading
to the e-Portal of the General Department of Customs;
f/ Upon expiration of the pilot
application duration, organize preliminary review, final review and evaluate
the implementation results to the Minister of Finance for reporting to the
Prime Minister.
2. Any problems arising in the
course of implementation of this Circular should be promptly reported to the
Ministry of Finance (the General Department of Customs) for consideration and
settlement.-
(All the forms provided in
this Circular are not printed herein)
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