THE NATIONAL
ASSEMBLY
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No. 54/2014/QH13
|
Hanoi, June 23,
2014
|
LAW ON CUSTOMS
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
customs.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law stipulates the state management of customs
with regard to goods permitted to be imported, exported or transited, and
vehicle of domestic and foreign entities which are on exit or entry or in
transit within the customs territory; and organization and operation of the
customs service.
Article 2. Regulated
entities
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2. Entities that have rights and obligations
related to the import, export and transit of goods and exit, entry and transit
of vehicle.
3. Customs authorities and customs officials.
4. Other regulatory bodies involved in the
cooperation in state management of customs.
Article 3. Customs policies
1. The State of Vietnam shall facilitate customs
formalities applied to import, export, exit, entry and transit in the
Vietnamese territory.
2. Developing Vietnam Customs into a clean, strong,
professional and modern agency with transparent and efficient operation.
Article 4. Interpretation
of terms
In this Law, the terms below are construed as
follows:
1. Border checkpoint transfer means transfer
of goods or vehicle subject to customs inspection and supervision from one
place where customs declarations are made to another.
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3. National single-window system means
permission for customs declarants to send information and electronic documents
for following customs formalities and formalities of regulatory bodies related
to imported and exported goods through an integrated communication system.
Regulatory bodies shall decide goods that are permitted to be imported,
exported and transited; customs authorities shall make decisions about granting
customs clearance and releasing goods on the integrated communication system.
4. Container freight station means depots
used for receiving or breaking bulk containerized cargoes of many consignees.
5. Customs supervision means professional
measures applied by customs authorities to ensure the original conditions of
goods and law compliance in the preservation, storage, loading, unloading,
transportation and use of goods, and in the exit, entry and transit of vehicle
currently subject to customs management.
6. Goods include movable assets with
headings and subheadings according to the Vietnamese list of imports and
exports which may be imported, exported, transited or retained in customs
operating locations.
7. Luggage of people on exit or entry means
essentials for their daily needs or trips, including carry-on luggage and
luggage consigned before or after trips.
8. Customs documents include customs
declarations and legitimate documents required to be submitted to customs
authorities as prescribed in this Law.
9. Tax-suspension warehouse means a
warehouse used to store imported materials and supplies formalities serving
production of exported products that have been granted customs clearance but
taxes on which have not been paid.
10. Bonded warehouse means a depot for
storing goods for which customs formalities have been completed and which are
stored pending their export; goods sent from abroad and stored pending their
re-export or their import into Vietnam.
11. Customs control means measures of patrolling,
investigating, verifying or other professional measures applied by customs
authorities to tackle smuggling and illicit cross-border trafficking in goods
and other violations against the law on customs on customs.
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13. Customs territory means areas within the
territory, exclusive economic zone and continental shelf of the Socialist
Republic of Vietnam where the Law on customs is applied.
14. Customs declarants include goods owners;
vehicle owners; vehicle operators; customs brokers and persons authorized by goods
owners or vehicle owners to formalities follow customs formalities.
15. Customs sealing means the use of
technical tools or signs to identify and ensure the original conditions of
goods.
16. Classification of goods means the
determination of appellations and headings of goods stated in the Vietnamese
list of imports and exports according to their characteristics, ingredients,
composition, physical and chemical properties, utilities, packaging
specifications and other particularities of goods.
17. Vehicle includes vehicle operated on
roads, railways, airways, seaways and inland waterways transport on exit or
entry or in transit.
18. Risk management means the application by
customs authorities of a system of professional measures and processes to
identify, evaluate and classify risks to serve as a basis for reasonable
arrangement of resources to effectively inspect, supervise and support other
customs operations.
19. Risk means a possible failure to comply
with the law on customs on import, export and transit of goods; and the exit,
entry and transit of vehicle.
20. Personal belongings means items or
equipment used for daily lives and work of individuals, families and
organizations which they may bring with them when they no longer reside or
terminate their operation in Vietnam or abroad.
21. Customs clearance means the completion
of customs formalities for goods to be imported, exported or placed under
another professional customs management mechanism.
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23. Customs formalities mean activities to
be carried out by customs declarants and customs officials in accordance with
this Law for goods and vehicle.
24. Customs value means the value of
imported or exported goods used for duty calculation and customs statistics.
25. Articles on vehicle include assets used
on vehicle; materials and fuel used to operate vehicle; food, foodstuff and
other utensils which directly serve daily-life activities of people in charge
and passengers on vehicle.
26. Prior determination of customs codes, origin
and value means determination by customs authorities of HS codes, origin
before carrying out customs formalities.
Article 5. Application of
international treaties, customs and practices on customs
1. If a treaty to which the Socialist Republic of
Vietnam becomes a party becomes a party becomes a party provides for provisions
different from those of this Law, the provisions of such treaty shall be
applied.
2. If there are cases which have not been provided
for by this Law, other legal documents of Vietnam and international treaties to
which the Socialist Republic of Vietnam becomes a party, international customs
and practices on customs may be applied, provided that the application of such
customs and practices does not contravene the primary rules of Vietnamese law.
Article 6. International
cooperation in customs
1. International cooperation in customs shall
contain:
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b/ Exploitation and exchange of information and
professional cooperation with customs authorities of foreign countries and
relevant international organizations;
c/ Delegating Vietnamese customs officials abroad
and receiving foreign customs officials sent to Vietnam to perform professional
customs operations in accordance with the law on customs, treaties to which the
Socialist Republic of Vietnam becomes a party or concluded international
agreements;
d/ Exercise of rights, performance of obligations
and enjoyment of interests of the State of Vietnam at the World Customs
Organization, customs-related international organizations, countries and
territories.
2. Vietnam Customs must conduct operation as
prescribed in Clause 1 of this Article in accordance with law.
Article 7. Customs
operating locations
1. Customs operating locations include:
a/ Areas of land border checkpoints, international
railway stations, international civil airports; seaports and inland waterway
ports where import, export, exit, entry and transit operations are conducted;
areas where goods subject to customs supervision are stored, export processing
zones and customs preference zones; customs clearance places, bonded
warehouses, tax- suspension warehouses, international posts, head offices of
customs declarants where post-customs clearance inspection is carried out; and
places for inspection of imported and exported goods in the customs territory;
b/ Other areas and places which meet state
management requirements and in which import, export and transit of goods and
exit, entry and transit of vehicle are permitted as prescribed in Decisions of
the Prime Minister.
2. In customs operating locations, customs
authorities are responsible for inspect, supervise and control goods and
vehicle and handle violations against the law on customs in accordance with
Vietnamese law and treaties to which the Socialist Republic of Vietnam becomes
a party.
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Article 8. Customs
modernization
1. The State shall give priority to investment in modem
technical equipment and facilities and advanced technologies to ensure the
effective customs management; encourage entities to participate in developing
advanced technologies and technical equipment to ensure the application of
modem customs management methods. Entities involved in import and export are
responsible for participating in developing and performing electronic
transactions and electronic customs formalities.
2. The system of technical standards for
communication of electronic data and legal validity of electronic legitimate
documents when following electronic customs formalities shall comply with the
law on electronic transactions.
Article 9. Cooperation in
the adherence to the law on customs
1. Customs authorities shall take charge, and closely
cooperate with regulatory bodies, organizations and people’s armed forces in
implementation of the law on customs.
2. Regulatory bodies, organizations and people’s
armed forces shall, within the area of competence, cooperate with and enable
customs authorities to fulfill their tasks.
Article 10. Prohibited
acts in customs
1. For customs officials:
a/ Causing troubles and difficulties when following
customs formalities;
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c/ Taking bribes, appropriating or embezzling
temporarily seized goods or other acts for self-seeking purposes;
d/ Other violations against the law on customs.
2. For customs declarants, entities with rights and
obligations related to import, export and transit of goods, or exit, entry and
transit of vehicles:
a/ Committing fraudulent acts in carrying out
customs formalities;
b/ Smuggling or illegally transporting goods across
the border;
c/ Committing trade or tax fraud;
d/ Giving bribes or other acts for self-seeking
purposes;
dd/ Obstructing customs officials in performing
their official duty;
e/ Hacking, falsifying or destroying the customs
communication system;
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Article 11. Supervision of
the adherence to the law on customs
1. The National Assembly and People’s Councils
shall, within the area of competence, supervise the adherence to the law on
customs.
2. The Vietnam Fatherland Front and its member
organizations shall mobilize the population to strictly adhere to the law on
customs and supervise the adherence to the law on customs.
3. When performing their tasks and powers, customs
authorities and customs officials shall abide by law, rely themselves on the people
and subject to the people’s supervision.
Chapter II
TASKS AND ORGANIZATION
OF THE CUSTOMS SERVICE
Article 12. Tasks of the
customs service
Vietnam Customs shall inspect and supervise goods
and vehicle; tackle smuggling and illegal cross-border trafficking of goods;
implement laws on taxation applied to imported and exported goods; release
statistics on imported and exported goods in conformity with this Law and other
corresponding laws; propose policies and administrative measures for customs
applicable to import, export, exit, entry and transit operation and tax
policies applicable to imported and exported goods.
Article 13. Rules of
organization and operation of the customs service
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2. The General Director of Customs shall uniformly
manage and execute operation of customs authorities; the inferior customs
authorities shall be under management of superior customs authorities.
Article 14. Organization
of the customs service
1. The organization of Vietnam Customs comprises:
a/ The General Department of Customs;
b/ Customs Departments of provinces;
c/ Sub-department of Customs Sub-Departments,
Customs control team and equivalent units.
2. According to quantities, scale and
characteristics of import, export, exit, entry and transit and socio-economic
conditions of each administrative division, the Government shall to regulates
requirements for establishment of Customs Departments; and specify the organization,
tasks and operation of customs authorities.
Article 15. Customs
officials
1. Customs officials are those who are qualified
for being recruited, or appointed to ranks, positions or titles in customs
authorities; and being trained, managed and employed in accordance with the
laws on officials and civil servants.
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Chapter III
CUSTOMS FORMALITIES,
CUSTOMS INSPECTION AND SUPERVISION
Section 1. GENERAL PROVISIONS
Article 16. Rules of
following customs formalities, inspection and supervision
1. Goods and vehicle must be undergone customs
formalities, subject to customs inspection and supervision; carried in the
proper routes and passed through border checkpoints or other places on schedule
as prescribed in regulations and laws.
2. Customs inspection and supervision shall be
conducted on the basis of applying the risk management in order to ensure
effectiveness and efficiency of state management of customs and facilitate
import, export, exit, and entry and transit operation.
3. Goods may enjoy customs clearance and vehicle
may be permitted for exit or entry after going through customs formalities.
4. Customs formalities shall be carried out in a
public, quick and convenient manner and in accordance with law.
5. The arrangement of manpower and working time
must meet the requirements of import, export, exit, entry and transit
activities.
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1. Customs authorities shall apply the risk
management in deciding on customs inspection and supervision of goods and
vehicle; support the tackling of smuggling and illegal cross-border trafficking
of goods.
2. Risk management in customs operations shall
include the collection and processing of customs information; establishment of
criteria for and evaluation of customs declarants’ adherence to the law, and
classification of risks; and implementation of appropriate measures for customs
management.
3. For the purposes of serving the application of
risk management to customs operations, Customs authorities shall manage and
apply the communication system that automatically integrate and process data.
4. The Minister of Finance shall establish criteria
for evaluation of customs declarants’ adherence to the regulations of law,
classify risks and apply risk management to customs operations.
Article 18. Rights and
obligations of customs declarants
1. A customs declarant shall have rights to:
a/ Be provided by customs authorities with
information about customs declaration for goods, vehicle, guidance on carrying
out customs formalities, and laws on customs;
b/ Request customs authorities to predetermine HS
codes, origin and customs value of goods when providing sufficient and accurate
information to customs authorities;
c/ Preview goods, take samples of the goods under
the supervision of customs officials before making customs declaration in order
to ensure accurate customs declaration;
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dd/ Use customs documents for customs clearance or
good transportation or following related formalities at other competent
agencies in accordance with law;
e/ Make complaints and denunciations about illegal
acts against customs authorities and customs officials;
g/ Claim compensation for damage caused by customs
authorities and customs officials in accordance with the law on State
compensation liability.
2. Customs declarants who are owners of goods or
vehicle shall have obligations to:
a/ Make customs declarations and follow customs
formalities in accordance with this Law;
b/ Provide sufficient and accurate information in
order for customs authorities to predetermine HS codes, origin and customs
value of goods;
c/ Take legal responsibility for the authenticity
of statement declared and documentary evidence submitted; information
consistency between dossiers kept at enterprises and dossiers kept at customs
authorities;
d/ Follow decisions and requests of customs
authorities and customs officials during conducting customs formalities,
inspection and supervision of goods and vehicle;
dd/ Keep customs documents records of goods which
are granted clearance within 05 years from the day on which the declaration of
such goods is register, unless otherwise provided by law; keep accounting books
and documentary evidence and other documents related to imported and exported
goods which are granted clearance for a time limit in accordance with law;
submit related dossiers, information and documents for verification at the
request of customs authorities as prescribed in Articles 32, 79 and 80 of this
Law;
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g/ Pay taxes and fulfill other financial
liabilities in accordance with the laws on taxes, charges and fees and other
corresponding regulations of laws.
3. Customs declarants who are customs brokers or
other persons authorized by owners of goods and vehicle shall comply with
obligations prescribed in Points a, b, c, d, e and g, Clause 2 of this Article
within the scope of authorization. Customs declarants who are vehicle operators
shall comply with obligations prescribed at Points a, c, d, e and g, Clause 2
of this Article.
Article 19. Tasks and
entitlements of customs officials
1. Strictly adhere to laws and customs operation
processes and take responsibility for the performance of their tasks and
exercise of their entitlements.
2. Instruct customs declarants and related entities
on request.
3. Conduct customs inspection and supervision;
supervise the packing, unpacking, transshipment, loading and unloading of
cargoes at places where the customs formalities are made and places where the
imported and exported goods are verified. In case of detecting violation
against law on customs, request owners of goods or vehicle, commanders or
vehicle operators or authorized persons to comply with their requests for the
inspection goods and vehicle in accordance with this Law and the law on
handling of administrative violations.
4. Take samples of goods in the presence of customs
declarants in order for customs authorities to analyze or request an assessment
of such goods.
5. Request customs declarants to provide
information and documentary evidence related to their goods in order to ensure
accuracy of HS codes, origin and customs value of goods.
6. Request vehicle commanders or operators to drive
in proper routes, on schedule, and stop at proper places.
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Article 20. Customs
brokers
1. Requirements for a customs broker:
a/ There is a business registration certificate or
an enterprise registration certificate, in which operation of good forwarding
or customs brokers is stated;
b/ There are employees in charge of customs
brokerage services (hereinafter referred to as customs employees);
c/ There is information technology infrastructure
satisfying the requirements for making e-customs declaration and other
requirements as prescribed.
2. A customs employee must be a Vietnamese citizen who
fully satisfies the following requirements:
a/ Obtain at least a collegiate degree in
economics, law or technique;
b/ Obtain a certificate of training in customs
declaration;
c/ Obtain customs employee’s code granted by a
customs office.
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4. Customs brokers and customs employees shall exercise
the rights and perform the obligations of customs declarants as prescribed in
Article 18 of this Law.
5. The Minister of Finance shall provide guidance
on procedures for recognition and operation of customs brokers; procedures for
grant of certificates of training in customs declaration, and grant and
revocation of customs employee’s codes.
Article 21. Customs
formalities
1. While following the customs formalities, a
customs declarant shall:
a/ Declare and submit customs declarations; submit
documentary evidence of customs documents prescribed in Article 24 of this Law;
b/ Send goods and vehicle to proper places for
physical inspection;
c/ Pay taxes and fulfill other financial
obligations in accordance with the laws on taxes, charges and fees and other corresponding
regulations of law.
2. While conducting customs formalities, customs
authorities and customs officials shall:
a/ Receive and register customs documents;
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c/ Collect taxes and other amounts payable in
accordance with the laws on taxes, charges and fees and other corresponding
regulations of law;
d/ Decide grant of customs clearance for goods,
release of goods and certification of completion of customs formalities applied
to vehicle.
Article 22. Places of
customs formalities
1. Places of customs formalities are places where
customs authorities receive, register and verify customs documents and conduct
physical inspection of goods and vehicle.
2. Places where customs documents are received,
registered and examined are head offices of Customs Departments or Customs
Sub-Departments.
3. Places of physical inspection of goods include:
a/ Places of inspection at the land border
checkpoints, international railway stations, international civil airports;
international post offices; seaports and inland waterway ports where import,
export, exit, entry and transit operation are carried out; inland ports of
importation or exportation of goods;
b/ Head offices of Customs Sub-Departments;
c/ Places of centralized inspection under decisions
of the General Director of Customs;
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dd/ Places of inspection at bonded warehouses, tax
suspension warehouses and container freight stations;
e/ Places of joint inspection by Vietnam Customs
and Customs Service of neighboring countries at the land border checkpoints;
g/ Other places decided by the General Director of
Customs in case of necessity.
4. Competent agencies, or entities shall arrange
places where customs formalities are conducting and depots of imported and
exported goods when they make planning, design and construct land border
checkpoints, international railway stations, international civil airports;
seaports and inland waterway ports where import, export, exit, entry and
transit activities; inland ports of importation or exportation of goods;
economic zones, industrial parks, non-tariff zones and other places where
import, export, exit, entry and transit activities are carried out meeting
requirements of customs inspection and supervision in accordance with this Law.
Article 23. Time limit for
customs authorities to carry out customs formalities
1. Customs authorities shall receive, register and
verify customs documents right after customs declarants submit such dossiers in
accordance with this Law.
2. After customs declarants satisfy all
requirements for carrying out customs formalities prescribed at Points a and b,
Clause 1, Article 21 of this Law, the time limit for customs officials to
complete the verify dossiers and conduct physical inspection of goods and
vehicle following the procedure below:
a/ Complete the verification of dossiers within 2
working hours after customs authorities receive complete customs documents;
b/ Complete the physical inspection of goods within
8 working hours after customs declarants fully produce goods to customs
authorities. For goods subject to specialized inspection of quality, health,
culture, animal quarantine, plant quarantine or food safety in accordance with
corresponding regulations of law, the time limit for completion of physical
inspection of goods shall be determined from the day on which specialized inspection
results are given as prescribed.
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c/ The inspection of vehicle must ensure the timely
loading and unloading of imported and exported goods, exit and entry of
passengers and customs inspection and supervision in accordance with this Law.
3. The customs clearance must comply with Article
37 of this Law.
4. Customs authorities shall carry out customs
formalities for goods on public holidays and weekends and overtime hours in
order to ensure timely loading and unloading of imported and exported goods, exit
and entry of passengers and vehicle or at the request of customs declarants and
in conformity with practical conditions of customs operating locations.
Article 24. Customs
document
1. A customs document comprises:
a/ A customs declaration or documentary evidence in
substitution;
b/ Relevant documentary evidence.
As the cases maybe, a customs declarant shall
submit sale contract, commercial invoice, bill of lading, certificate of origin
of goods, import or export permit, notice of specialized inspection results or
exemption from specialized inspection, and documentary evidence related to
goods as prescribed by corresponding regulations of law.
2. Documents in customs documents may be paper or
electronic documents. Electronic documents must ensure the integrity and format
prescribed in regulations of law on e-transactions.
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In case of application of the national
single-window mechanism, specialized regulatory bodies shall send import or
export permits and notices of specialized inspection results or exemption from
specialized inspection in the electronic form via the integrated communication
system.
4. The Minister of Finance shall set the customs
declaration form, use of customs declarations and documents in substitution of
customs declarations, and cases in which relevant documents specified in Clause
1 of this Article must be submitted.
Article 25. Time limit for
submission of customs documents
1. The customs declarations shall be submitted:
a/ After goods are transported to places notified
by customs declarants and at least 4 hours before the exit of vehicle regarding
to exported goods; , at least 2 hours before the exit of vehicle regarding
exported goods delivered by express delivery services;
b/ Before goods arrive at border checkpoints or
within 30 days after goods arrive at border checkpoints regarding to imported
goods;
c/ As prescribed in Clause 2, Article 69 of this
Law.
2. Customs declarations are valid for customs
formalities within 15 days from the day on which they are registered.
3. The time limit for submission of relevant
documents in customs documents:
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b/ Regarding to paper customs declarations, customs
declarants shall submit relevant documents when registering their customs
declarations.
Article 26. Classification
of goods
1. Classification of goods aims to identify HS
codes to serve as a basis for tax calculation and implementation of the goods
management policy. The classification of goods must be based on customs
documents, technical documents and other information related to imported and
exported goods for identification of goods’ names and HS codes according to the
list of Vietnamese imports and exports.
2. The list of Vietnamese imports and exports
consists of HS codes, names and descriptions of goods, units of calculation and
attached explanations.
3. The list of Vietnamese imports and exports is made
on the basis of full application of the International Convention on Harmonized
Commodity Description and Coding System.
The Minister of Finance shall issue the list of
Vietnamese imports and exports for uniform application nationwide.
4. According to the List of goods banned from
import and export, the List of goods imported and exported under permits of
competent regulatory bodies, and the List of goods subject to specialized
inspection prescribed by the Government, the Minister of Finance shall promulgate
HS codes consistent with headings in the list of Vietnamese imports and
exports.
5. During a customs inspection, customs authorities
shall determine HS codes according to customs documents, results of physical
inspection or analysis and assessment of goods. In case HS codes declared by
customs declarants are rejected, customs authorities may take goods samples in
the presence of customs declarants for analysis or requested assessment and
decide HS codes of such goods. If customs declarants disagree with results of
classification given by customs authorities, they may file complaints or
lawsuits in accordance with law.
Article 27. Verification
of origin of goods
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a/ Customs authorities shall verify the origin of
exported goods based on the verification of customs declaration and documentary
evidence in customs documents and results of physical inspection of goods;
b/ If case of doubt about the origin of exported
goods, customs authorities shall request customs declarants to provide documents
related to the origin of exported goods, and verify the origin of goods at
production facilitates. While awaiting the results of verification of goods,
the exported goods may be granted clearance as prescribed in Article 37 of this
Law.
2. Imported goods:
a/ Customs authorities shall inspect and verify the
origin of imported goods based on customs declaration, certification of origin,
documents in customs documents and results of physical inspection of goods.
Certification of origin of imported goods must be issued by competent agencies
of exporting countries or self-certified by manufacturers, exporters or
importers under treaties to which the Socialist Republic of Vietnam becomes a
party;
b/ In case of doubt about the origin of imported
goods, customs authorities shall inspect and verify the origin of goods at
manufacturing countries under treaties to which the Socialist Republic of
Vietnam becomes a party. Results of origin inspection and verification are
legally valid for verification of the origin of imported goods.
While awaiting the results of verification , the
imported goods may be granted clearance as prescribed in Article 37 of this Law
but be not entitled to particularly preferential duty rates. Official duty
payable shall be based on results of verification of origin of goods.
3. The Minister of Finance shall stipulate
procedures, competence and time limit for verification of the origin of goods.
Article 28. Predetermination
of HS codes, origin and customs value of goods
1. In case customs declarants request customs
authorities to predetermine HS codes, origin and customs value of goods to be
imported or exported, they shall provide relevant information and documents and
samples of goods to be imported or exported to customs authorities for predetermination
of HS codes, origin and customs value of goods.
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2. According to regulations of law on good
classification, origin and customs value and relevant information and documents
provided by customs declarants, the Customs authorities shall predetermine HS
codes, origin, and customs value of goods and notify in writing customs
declarants of results of predetermination. In case of failure to predetermine
at the request of customs declarants, customs authorities shall notify such to
customs declarants or request customs declarants to provide additional
documents.
3. Within 60 days after receiving notices of
predetermination results, if customs declarants disagree with such results,
they may request customs authorities to reconsider such results. Customs
authorities shall reconsider predetermination results and notify them to
customs declarants within regulated time limit.
4. Notices of predetermination results are legally
valid for customs authorities to carry out customs formalities for goods are
imported or exported in conformable with relevant information and documents and
goods samples provided by customs declarants.
5. The Government shall specify conditions,
formalities and time limit for prior identification of customs codes, origin
and value; time limit for settlement of requests for reconsideration of prior
identification results; and validity duration of documents on prior
identification prescribed in this Article.
Article 29. Customs
declaration
1. Customs declarants shall sufficiently,
accurately and clearly fill all items in customs declarations.
2. Customs declaration shall be made electronically,
except that customs declarants may fill in paper customs declarations as
prescribed in regulations of the Government.
3. Registered customs declarations are valid for
customs formalities. Policies on goods management and taxes on imported goods
and exported goods are applied when the customs declaration forms are
registered, unless otherwise provided by the law on import duty and export
duty.
4. If a customs declarant found that the
declaration contains errors, he/she may make an additional declaration in the
following cases:
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b/ For goods granted clearance: Within 60 days from
the date of customs clearance and before the day on which customs authority
decides to conduct post-customs clearance inspection, unless additional
declaration are related to the import or export permit; specialized inspection
in terms of quality, health, culture, animal quarantine, plant quarantine and food
safety.
If customs declarants detect errors in their
customs declarations when the time limit prescribed at Points a and b of this
Clause has expired, they shall make additional declaration and their errors
shall be handled in accordance with the laws on taxes and handling of
administrative violations.
5. Customs declarants may submit incomplete
declaration or documents in substitution of declaration for customs clearance
and shall complete declaration forms within the time limit prescribed in Articles
43 and 50 of this Law, and may make a single customs declaration for multiple
importation or exportation during a certain period of time for certain goods
items.
6. For goods which are undergone customs
formalities or for which customs formalities have been completed but which are
still subject to customs supervision, customs declarants may change the form of
importation or exportation in accordance with the law on customs.
Article 30. Registration
of customs declarations
1. Methods of registration of customs declarations
are prescribed as follows:
a/ E-customs declarations shall be electronically
registered;
b/ Paper-customs declarations shall be registered
directly with custom offices.
2. Customs declarations may be registered after
customs authorities accept the declaration of customs declarants. The
registration date shall be stated in customs declarations.
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Article 31. Grounds and
competence for decision on customs inspection
According to results of risk analysis and
assessment, and information relating to the goods, heads of customs authorities
processing customs documents shall decide examination of customs documents and
physical inspection of goods.
Article 32. Verification
of customs documents
When conducting the verification of customs
documents, customs authorities shall compare the accuracy and adequacy between
the customs declaration statements and their documentary evidence in customs
documents, inspect the compliance with policies on goods management and taxes
on imported and exported goods and other corresponding regulations of law.
The verification of customs documents shall be
conducted through an e-customs data processing system or directly by customs
officials.
Article 33. Physical
inspection of goods
1. The following goods are exempted from physical
inspection:
a/ Goods used for urgent demands;
b/ Goods exclusively used for national defense and
security purposes;
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2. If there is any violation is detected in goods
as prescribed in Clause 1 of this Article, such goods shall be physically
inspected.
3. For goods other than those as prescribed in
Clause 1 of this Article, physical inspection shall be conducted based on the
application of risk management.
4. Goods which are live animals or plants, hard to
be preserved or other special goods shall be prioritized for inspection.
5. Physical inspection of goods may be conducted by
customs officials manually or with the aid of machines, technical equipment or
by other professional measures.
The physical inspection of goods shall be conducted
in the presence of customs declarants or their legal representatives after
customs declarations are registered and goods are transported to places of
inspection, except the cases prescribed in Article 34 of this Law.
6. The physical inspection of goods at places for
joint inspection by Vietnamese customs authorities and customs authorities of
neighboring countries shall be conducted under agreements between Vietnam and
these countries.
7. The Minister of Finance shall provide guidance
on the physical inspection of goods.
Article 34. Physical
inspection of goods in the absence of customs declarants
1. Heads of customs authorities in places where
goods are retained shall decide and take responsibility for the physical
inspection of goods in the absence of customs declarants in the following
cases:
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b/ For hygiene and environmental protection;
c/ Upon detection of law violation;
d/ The customs declarants have not conducted
customs formalities at the border checkpoint although the imported goods arrive
over 30 days;
dd/ Other cases prescribed in regulations of law.
2. Physical inspection of goods in the absence of
customs declarants shall be conducted in the following forms:
a/ Non – intrusive inspection;
b/ Inspection with technical equipment and other operational
measures of customs authorities;
c/ Opening goods for direct inspection in the
presence of representatives of the government authorities at the border
checkpoint, the transportation enterprises and the enterprises trading ports
and depots. An inspection record shall be made and signed by related parties.
Article 35. Responsibility
for inspection of goods and vehicle in customs operating locations
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If it is required to carry out a specialized
inspection related to quality, health, culture, animal and plant quarantine or
food safety for goods and vehicle, customs authorities shall base themselves on
the inspection results of specialized inspection agencies to decide on customs
clearance.
2. Goods subject to specialized inspection shall be
stored at border checkpoints until they are cleared from customs formalities.
When goods are permitted to be brought to other places for specialized
inspection as prescribed in regulations of law or when goods owners request to
carry goods to their storage places for preservation, such storage places must
satisfy customs supervision conditions and the goods shall be subject to
customs supervision until they are cleared from customs formalities.
Goods owners shall preserve and store goods at
places for specialized inspection or at their storage places until customs
authorities decide customs clearance.
3. The time limit for specialized inspection of
goods must comply with corresponding regulations of law. Specialized inspection
agencies shall notify inspection results to customs authorities within 2
working days after the inspection results are available.
4. Heads of Customs Sub-Departments shall take
charge, and cooperate with specialized inspection agencies at border
checkpoints in, ensuring fast customs clearance for goods and vehicle.
Article 36. Release of
goods
1. Release of goods means permission for the export
or import of goods by customs authorities when the following requirements are
fully satisfied:
a/ The goods fully meet the export or import
requirements but the official payable tax amounts cannot be determined;
b/ The customs declarants have paid taxes or have
their declared and calculated payable tax amounts guaranteed by a credit
institution.
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3. If the customs declarants disagree with payable
tax amounts determined by customs authorities, they have rights to lodge
complaints. The lodging and settlement of complaints must comply with the Law
on Complaints.
Article 37. Customs
clearance for goods
1. Goods shall be cleared from customs formalities
after such formalities are completed.
2. In case customs declarants have completed
customs formalities, but have not paid or fully paid payable tax amounts within
the regulated time limit, their goods may be cleared from customs formalities
when they have such payable tax amounts guaranteed by a credit institution or
enjoy a tax payment time limit in accordance with the tax law.
3. In case goods owners are fined by customs authorities
or competent regulatory bodies for their customs-related administrative
violations and their goods are permitted for export or import, such goods may
be cleared from customs formalities if the goods owners have paid the fines or
have their payable fines guaranteed by a credit institution for implementing
the fining decisions.
4. For goods subject to inspection, analysis or
assessment to determine whether or not they fully satisfy the export or import
requirements, customs authorities shall permit customs clearance only after the
goods are determined that to be eligible for export or import on the basis of
inspection, analysis or assessment conclusions or inspection exemption notices
of specialized inspection agencies in accordance with law.
5. Goods used for urgent requirements; goods
exclusively used for security and defense purposes; and diplomatic bags,
consular bags and luggage of agencies, organizations or individuals entitled to
privileges or immunities shall be cleared from customs formalities under
Articles 50 and 57 of this Law.
Article 38. Objects,
methods and duration of customs supervision
1. Objects of customs supervision include goods,
vehicle and domestic vehicle which transport goods currently subject to customs
supervision.
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a/ Customs sealing;
b/ Direct supervision by customs officials;
c/ Use of technical devices and equipment.
3. According to risk analysis and assessment results
and other information relating to objects of customs supervision, customs
authorities shall decide appropriate methods of supervision. When detecting law
violation, customs authorities shall conduct physical inspection of goods.
4. Duration of customs supervision:
a/ Imported goods shall be subject to customs
supervision from the day on which they arrive at customs operating locations
until they are granted clearance, released and brought out of these areas;
b/ Exported goods exempt from physical inspection
shall be subject to customs supervision from the day on which they are granted
clearance until they are brought out of customs operating locations. Exported
goods subject to physical inspection shall be subject to customs supervision
from the day on which the physical inspection starts until the goods are
brought out of customs operating locations;
c/ Goods in transit shall be subject to customs
supervision from the day on which they arrive at the first border checkpoint of
importation until they are brought out of the last border checkpoint of
exportation;
d/The duration of customs supervision applied to
vehicle must comply with Article 68 of this Law.
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1. Apply appropriate methods of supervision which
facilitate export, import, exit, entry and transit activities and ensure
customs management of goods in accordance with this Law.
2. Use technical devices and equipment ensuring
customs supervision in accordance with this Law.
3. Guide and examine customs declarants, port, and
depot operation enterprises, export producers and related parties in their
observance of regulations on customs supervision.
Article 40.
Responsibilities of customs declarants and commanders or drivers of vehicle in
customs supervision
1. Comply with, and create requirements for customs
authorities to conduct, customs supervision in accordance with this Law.
2. Preserve the original requirements and customs
seals of goods; to transport goods according to routes, itineraries and time
accepted by customs authorities. Customs declarants shall take responsibility
for the loss, missing or damage of goods in accordance with law.
3. Use goods strictly according to the purposes
declared to customs authorities.
4. Use vehicle meeting the prescribed requirements
for customs authorities to apply appropriate methods of customs supervision.
5. Produce dossiers and goods to customs
authorities for inspection upon request.
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Article 41.
Responsibilities of port and depot enterprises in customs supervision
1. Arrange places for installation of technical
equipment and facilities serving customs supervision at the request of customs
authorities.
2. Connect their goods management communication
systems with customs authorities’ e-customs clearance systems for managing
goods currently subject to customs supervision which are brought in for storage
or brought out of the areas of ports, depots.
3. Fully comply with regulations on management,
statistics and archive of documents, books and data of goods brought in for
storage or brought out of the areas of ports, depot, and produce and provide
these documents, records and data to customs authorities upon request.
4. Provide information to, and cooperate with,
customs authorities in monitoring, inspecting and supervising goods brought in,
brought out or stored in the areas of ports, depots.
5. Preserve, arrange and store goods in their
original requirements in the areas of ports, depots to meet supervision and
management requirements of customs authorities.
6. Permit the transportation of goods in and out of
the areas of ports, depot only when customs authorities’ documents are
available.
Section 2. PRIVILEGE GIVEN TO
ENTERPRISES
Article 42. Requirements
for application of the privilege
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a/ Strictly observe the customs and law on taxation
for 2 consecutive years;
b/ Earn an annual export and import value reaching
the prescribed level;
c/ Carry out e-customs formalities and e-tax
formalities; have an information technology program for managing its export and
import activities connected with the customs authority’s network;
d/ Make via-bank payment;
dd/ Have its internal control system;
e/ Strictly observe accounting and audit
regulations.
2. Privileged enterprises in countries or
territories that have signed with Vietnam agreements on mutual recognition of
privileged enterprises may apply the privilege in accordance with this Law.
3. The Government shall specify requirements and
formalities for recognition, extension, suspension, stoppage, privilege and
management of enterprises entitled to the privilege.
Article 43. Privilege
given to enterprises
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2. Follow customs formalities with incomplete
customs declarations or documentary evidence in substitution of customs
declarations. Within 30 days from the date of registration of incomplete customs
declarations or submission of documentary evidence in substitution of customs
declarations, customs declarants shall submit complete customs declarations and
relevant documentary evidence in customs documents.
3. Be prioritized when carrying out tax formalities
for goods in accordance with the law on taxation.
Article 44.
Responsibilities of customs authorities giving the privilege
1. The General Director of Customs shall consider,
recognize, extend, suspend or stop the application of the privilege given to
enterprises.
2. Customs authorities shall:
a/ Examine, supervise and assess enterprises in law
compliance;
b/ Provide enterprises with guidance on tax and
customs policies and regulations.
Article 45.
Responsibilities of enterprises entitled to the privilege
1. Annually provide customs authorities with audit
reports and financial statements.
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3. Notify customs authorities of competent
agencies’ decisions on handling of enterprises’ violations against tax and
accounting laws.
Section 3. CUSTOMS INSPECTION
AND SUPERVISION OF GOODS, PERSONAL BELONGINGS AND LUGGAGE
Article 46. Customs
inspection and supervision of goods temporarily imported
1. Customs formalities for temporary import and
customs formalities for re-export shall be carried out at border checkpoint
Customs Sub-Departments.
2. Customs inspection and supervision of goods
temporarily imported are prescribed as follows:
a/ Goods temporarily imported shall be stored at border
checkpoints or places subject to customs inspection and supervision;
b/ Goods temporarily imported shall be subject to
customs inspection and supervision from the day on which customs formalities
for temporary import are carried out until the goods are re-exported out of the
Vietnamese territory; customs declarants or enterprises dealing in goods
temporary import shall preserve temporarily imported goods throughout the
period of storage in Vietnam and re-export such goods.
3. Temporarily imported goods shall be re-exported
within the regulated time limit; temporarily imported goods which are not
re-exported but used for domestic sale must go through customs formalities like
imported goods.
Article 47. Customs
inspection and supervision of goods sold at duty-free shops
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2. Customs inspection and supervision of goods sold
at duty-free shops are regulated as follows:
a/ Goods sold at duty-free shops shall be stored at
duty-free shops or warehouses of duty-free goods-selling enterprises which meet
customs supervision requirements. The goods storage duration must not exceed 12
months from the day on which the customs formalities are completed. The head of
the Customs Branch managing duty-free shops may grant a single extension within
12 months for cases with reasonable grounds;
b/ Goods sold at duty-free shops shall be subject
to customs inspection and supervision from the time customs formalities are
carried out until the goods are sold, exported or handled in accordance with
law.
3. Goods temporarily imported for sale at duty-free
shops which are used for domestic sale must go through customs formalities like
imported goods.
Article 48. Customs
inspection and supervision of temporarily imported or temporarily exported
goods
1. Temporarily imported or temporarily exported
goods include:.
a/ Means which are rotationally used for containing
goods;
b/ Machinery, equipment and professional tools
which are used in a specified duration;
c/ Machinery, equipment, means for construction,
molds and models for manufacture or construction under hire or borrowing
contracts;
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dd/ Goods for fairs, exhibitions or product
displays;
e/ Other goods as prescribed.
2. Temporarily exported goods shall be re-imported
and temporarily imported goods shall be re-exported within regulated time
limits and must go through customs formalities.
3. Temporarily exported goods or temporarily
imported goods under the same customs declaration may be re-imported or
re-exported in different shipments under different re-import or re-export customs
declarations.
4. Temporarily exported goods which are not
re-imported or temporarily imported goods which are not re-exported but are
sold, given as gifts or exchanged must go through customs formalities like
exported or imported goods.
5. The Government shall provide guidance on this
Article.
Article 49. Customs
inspection and supervision of goods being gifts
1. Goods being gifts must go through customs
formalities; for goods subject to conditional export or import, regulations on
goods subject to conditional export or import shall be complied with.
It is prohibited to export or import goods being
gifts in the list of goods banned from export or import.
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Article 50. Customs inspection
and supervision of goods used for urgent requirements and goods exclusively
used for security and defense purposes
1. Goods used for urgent requirements means goods
serving the remedy of consequences of natural disasters or epidemics or goods
to meet urgent relief requirements.
Goods used for urgent requirements shall be
certified in writing by competent regulatory bodies.
Customs declarants may use incomplete customs
declarations or documentary evidence in substitution of customs declarations for
carrying out customs formalities. According to incomplete customs declarations
or documentary evidence in substitution of customs declarations, customs
authorities shall to decide whether to grant customs clearance for goods.
Within 30 days from the day on which the incomplete
customs declarations are registered or documentary evidence in substitution of
customs declarations is submitted, customs declarants shall submit the complete
customs declarations and relevant documents in customs documents.
2. Goods exclusively used for security and defense
purposes:
a/ Goods exclusively used for security and defense
purposes shall be certified in writing by the Minister of National Defense or the
Minister of Public Security; customs declarants may use incomplete customs
declarations for carrying out customs formalities. According to incomplete
customs declarations, customs authorities decide whether to grant customs
clearance for goods
Within 30 days from the day on which of
registration of incomplete customs declarations, customs declarants shall
submit complete customs declarations and relevant documentary evidence in
customs documents;
b/ Goods exclusively used for security and defense
purposes which are subject to confidentiality requirements as certified in
writing by the Minister of National Defense or the Minister of Public Security
shall be exempted from customs declaration and physical inspection.
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1. Goods traded or exchanged by border residents
means goods serving daily-life and normal production activities of border
residents of Vietnam and border residents of countries bordering on Vietnam.
2. Goods traded or exchanged by border residents
are subject to customs inspection and supervision; with regard to places where
customs authority is not available, such goods shall be subject to inspection
and supervision by border guards in accordance with this Law.
Article 52. Customs
inspection and supervision of goods exported or imported through post or
express delivery services
1. Goods exported or imported through post or
express delivery services must go through customs formalities and are subject to
customs inspection and supervision.
2. International post service providers or express
delivery service providers that are authorized to make customs declaration
shall perform the responsibilities of customs declarants prescribed in Article
18 of this Law, and may transfer and deliver goods only after the goods are
granted clearance.
Article 53. Customs
inspection and supervision of personal belongings
Personal belongings of individuals, families or
organizations must follow customs formalities and be subject to customs
inspection and supervision.
Exporters or importers of goods being personal
belongings must have documents proving their residence and operation in Vietnam
or overseas.
Article 54. Customs
inspection and supervision of luggage of persons on exit or entry
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2. Luggage of persons on exit or entry which
exceeds duty-exempt quotas must go through customs formalities like exported or
imported goods.
Persons on exit or entry may consign luggage in
border checkpoint warehouses and receive them back upon entry or exit.
3. Quotas for tax-exempt luggage must comply with
the law on taxation.
Article 55. Customs
inspection and supervision of foreign currencies in cash, Vietnam dong in cash,
negotiable instruments, gold, precious metals and gems of persons on exit
or entry
1. Persons on exit or entry who carry foreign
currencies in cash, Vietnam dong in cash, negotiable instruments, gold,
precious metals and gems are subject to customs inspection and supervision.
2. Persons on entry who carry along foreign
currencies in cash, Vietnam dong in cash, negotiable instruments, gold,
precious metals and gems in excess of quotas prescribed by the State Bank of
Vietnam shall make customs declaration at border checkpoints.
3. Persons on exit who carry along foreign
currencies in cash, Vietnam dong in cash, negotiable instruments, gold,
precious metals and gems in excess of quotas prescribed by the State Bank of Vietnam
shall make customs declaration and produce papers at border checkpoints under
regulations of the State Bank of Vietnam.
Article 56. Customs
inspection and supervision of goods on vehicle
1. Goods being articles on vehicle are not required
to follow customs formalities but are subject to customs inspection and
supervision.
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3. Goods supplied to serve vehicle on exit or in
transit must follow customs formalities like exported goods.
Article 57. Customs
inspection and supervision of diplomatic bags, consular bags, luggage and
vehicle of agencies, entities entitled to privileges or immunities
1. Privileges and immunities provided in this Law
include privileges and immunities in customs declaration and inspection.
2. Diplomatic bags and consular bags are exempted
from customs declaration and inspection.
Luggage and vehicle of entities entitled to
privileges or immunities under regulations on privileges or immunities for
Vietnam-based diplomatic missions, consulates and representative offices of
international organizations are exempted from customs inspection.
3. When there are reasonable grounds that diplomatic
bags or consular bags are misused for the purposes in contravention of a treaty
on diplomatic relationships or consular relationships to which the Socialist
Republic of Vietnam becomes a party, or when luggage or vehicle contain goods
on the list of goods banned from import or export or goods ineligible for
privileges or immunities, the General Director of Customs shall decide on the
handling thereof in accordance with the provisions of such treaty.
Article 58. Customs
inspection and supervision, handling of goods in stock
1. Stagnant goods are stored in ports, depots in
customs operating locations, including:
a/ Goods that are declared by their owners to be
abandoned or of which abandonment is proved by acts of their owners.
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b/ Goods that have been imported for more than 90
days from the day on which their arrival at border checkpoints but left
unclaimed;
c/ Goods collected by port and depot enterprises
during the process of goods loading and unloading;
d/ Goods imported outside bills of lading or
manifests but left unclaimed.
2. Where customs authorities have reasonable
grounds to determine that the goods specified in Clause 1 of this Article are
smuggled goods, such goods shall be handled in accordance with law.
3. The goods as prescribed in Points b, c, and d,
Clause 1 of this Article which are left unclaimed shall be publicly announced
in the mass media. Within 60 days from the day on which of public announcement,
if goods owners come and claim such goods, they shall follow customs
formalities and pay a fine in accordance with the law on handling of
administrative violations. If such goods are left unclaimed, they shall be
handled under Clause 6 of this Article.
4. The goods specified in Clause 1 of this Article
which are perishable, frozen, toxic and dangerous chemicals and almost expired
goods shall be promptly handled in accordance with this Law and other corresponding
regulations of law.
5. Port and depot enterprises shall arrange ports,
depots which satisfy the customs supervision requirements for storing goods in
stock; and cooperate with competent agencies in handling stagnant goods under
Clause 6 of this Article.
6. Stagnant goods shall be handled as follows:
a/ Customs authorities shall handle stagnant goods
in accordance with law. In case of sale of goods in stock, proceeds from the
sale shall be remitted into the state budget after subtracting sale expenses
and retention at ports and warehouses at port and depot enterprises.
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Section 4. CUSTOMS INSPECTION
AND SUPERVISION OF GOODS IMPORTED FOR EXPORT PROCESSING AND PRODUCTION
Article 59.
Responsibilities of customs authorities in customs inspection and supervision
of goods imported for export processing and production
1. Goods being materials and supplies imported for
export processing and production shall be subject to customs inspection and
supervision from the importing date, during the process of production until
products are exported or their use purposes are changed.
2. Customs authorities shall:
a/ Inspect processing and production
establishments, processing and production capability of entities importing
materials and supplies for export processing and production;
b/ Inspect the use of imported materials and
supplies in the export processing and production process and quantity of
stagnant goods of entities engaged in export processing and production;
c/ Inspect the finalization, management and use of
materials and supplies of entities importing materials and supplies for export
processing and production;
3. Customs inspection and supervision prescribed in
this Article shall comply with the risk management rule.
Article 60.
Responsibilities of entities engaged in export processing and production
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2. Use materials and supplies imported for the
export processing and production purpose. In case the use purpose is changed,
to follow customs formalities in accordance with this Law.
3. Store exported goods, materials and supplies
used for export processing and production in production areas. In case of
storage outside production areas, approval of customs authorities is required.
4. Fully comply with regulations on management,
accounting, statistics and archive of documents, books and data on goods
brought into or out of processing and production establishments; to produce
books, documents and goods to customs authorities for inspection.
5. Make finalization reports on management and use
of imported materials and supplies and exported goods in accordance with the
law on customs.
Section 5. CUSTOMS INSPECTION
AND SUPERVISION OF GOODS IN BONDED WAREHOUSES, TAX SUSPENSION WAREHOUSES AND
CFSS
Article 61. Goods stored
in bonded warehouses, tax suspension warehouses and CFSs
1. Goods shall be stored in bonded warehouses
within 12 months from the date of their consignment. In case of having
reasonable grounds, directors of Customs Departments in charge of managing
bonded warehouses may extend this time limit once for not more than 12 months.
2. The time limit for storing materials and
supplies in tax suspension warehouses for export production is 12 months from
the date of their consignment. In case of having reasonable grounds according
to requirement of the production process, heads of Customs Sub-Departments in
charge of tax suspension warehouses may grant an extension for the time limit.
The extension must be conformable with the production cycle.
3. Goods brought into CFSs include imported goods
which have not been granted clearance, exported goods which have been granted
clearance or exported goods for which customs declarations have been registered
but physical inspection will be conducted at CFSs.
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Article 62. Requirements
for establishment of bonded warehouses, tax suspension warehouses and CFSs
1. Bonded warehouses and CFSs shall be established
in areas that are home to:
a/ Seaports, international civil airports, inland
import and export ports, land border checkpoints, international railway
stations;
b/ Industrial parks, hi-tech parks, non-tariff zones
and other zones as prescribed.
2. Tax suspension warehouses shall be established
in workshop’s area of export production enterprises.
3. The General Director of Customs have entitlement
to decide to establish, extend the operation duration, suspend and terminate
the operation of bonded warehouses, tax suspension warehouses and CFSs.
4. The Government shall provide guidance on the
establishment and operation of bonded warehouses, tax suspension warehouses and
CFSs.
Article 63. Rights and
obligations of enterprises dealing in bonded warehouse or CFSs, CFS providers,
goods owners and owners of tax suspension warehouses
1. Enterprises dealing in bonded warehouses and
owners of goods stored in bonded warehouses have the following rights and
obligations:
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Enterprises dealing in bonded warehouses shall
comply with requests of customs authorities for goods inspection. Once every
three months, enterprises dealing in bonded warehouses shall notify in writing
Customs Departments in charge of bonded warehouses of actual requirements of
the goods and the operation of the bonded warehouses.
b/ Goods owners may consolidate packing, categorize
goods or take goods samples under the supervision of customs officials and may
transfer the ownership of such goods. The transfer of goods from one bonded
warehouse to another must be approved in writing by directors of Customs
Departments in charge of bonded warehouses where such goods are stored.
2. Owners of tax suspension warehouses have the
following rights and obligations:
a/ Store goods being materials and supplies
imported for export production;
b/ Arrange, re-pack and move the goods in the tax
suspension warehouses;
c/ Notify in advance customs authorities of
tentative plans for bringing materials and supplies from tax suspension
warehouses to production;
d/ Notify in writing Customs Departments in charge
of tax suspension warehouses of the actual requirements of the goods and the
operation of their tax suspension warehouses once every three months;
dd/Make a general list of import customs
declarations and the total quantity of materials and supplies that have been
brought into tax suspension warehouses and a general list of export customs
declarations and the total quantity of exported goods in the previous year and
send them to Customs Departments in charge of tax suspension warehouses not
later than January 31 every year.
3. Goods owners, enterprises dealing in CFSs and
CFS providers have the following rights and obligations:
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b/ CFS providers may break bulk or load shipments
of different owners in the same container, arrange or re-arrange stored goods;
c/ Once every three months, enterprises-dealing in
CFSs shall notify in writing Customs Departments in charge of CFSs of the
actual requirements of the goods and their operation.
4. Enterprises dealing in bonded warehouses,
enterprises dealing in CFSs and owners of tax suspension warehouses shall
comply with regulations on accounting and statistics, be equipped with technical
means and equipment to manage goods electronically and connected to customs
authorities’ network for customs inspection and supervision in accordance with
this Law.
5. Enterprises dealing in bonded warehouses, enterprises
dealing in CFSs, CFS providers, owners of tax suspension warehouses and goods
shall comply with the law on operation of bonded warehouses, tax suspension
warehouses and CFSs.
Section 6. CUSTOMS FORMALITIES,
INSPECTION AND SUPERVISION OF GOODS TRANSPORTED UNDER CUSTOMS SUPERVISION
Article 64. Customs
formalities for goods transported under customs supervision
1. Goods transported under customs supervision
include transited goods and goods transported from border checkpoint to border
checkpoint.
2. When transporting goods subject to customs
supervision, customs declarants shall complete goods transportation declaration
forms; submit the documents specified at Point b, Clause 1, Article 24 of this
Law.
3. Customs authorities shall receive goods transportation
declaration forms, check documents and goods produced by customs declarants to
decide to permit the transportation of goods subject to customs supervision.
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Article 65. Transportation
routes and duration
1. Goods under customs supervision must be
transported along proper routes, through proper border checkpoints and within
proper time limit.
2. Routes for transportation of transited goods are
prescribed in regulations of the Minister of Transport.
3. Routes for transportation of goods from border
checkpoint to border checkpoint are registered by customs declarants and
accepted by customs authorities that receive and process customs documents.
Section 7. CUSTOMS FORMALITIES,
INSPECTION AND SUPERVISION OF VEHICLE
Article 66. Notification
of information on vehicle
Owners and drivers of vehicle, persons authorized
by owners of vehicle or persons issuing bills of lading shall directly notify
customs authorities or via the national single-window communication system of
imported and exported goods and passengers on exit or entry aboard vehicle
before their entry or exit.
Article 67. Customs
clearance places for vehicle
Vehicle on exit or entry must go through border
checkpoints.
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Article 68. Routes and
duration subject to customs supervision for vehicle
1. Foreign commercial vehicle on entry, exit or in
transit must go along the proper routes, be subject to customs supervision from
day on which they arrive at customs operating locations, during their movement
and to the day on which they leave the Vietnamese territory.
2. Vietnamese commercial vehicle on entry must be
subject to customs supervision from the day on which they arrive at customs
operating locations to day on which all imported goods carried by the vehicle
are unloaded for import procedure completion.
Vietnamese commercial vehicle on exit must be
subject to customs supervision from the day on which the exported goods are
loaded to the day on which they leave the Vietnamese territory.
3. Non-commercial vehicle on entry, exit or in
transit must be subject to customs inspection and supervision when carrying out
customs formalities at entry or exit border checkpoints or other places as
prescribed.
4. When there are reasonable grounds that smuggled
goods are hidden on board vehicle and there are other signs of law violation,
heads of customs authorities where customs formalities for vehicle are carried
out, heads of customs control squads may decide to temporarily postpone the
departure or stop the vehicle for search. Such search must comply with law and
decision issuers shall take responsibility before law for their decisions.
Article 69. Customs
formalities for vehicle
1. When carrying out customs formalities for
vehicle, owners and drivers of vehicle or persons authorized by owners of
vehicle shall make customs declaration; submit or produce bills of lading for
carrying out customs formalities; supply information and documents related to
goods and items on vehicle.
Where relevant documents have satisfied requirements
of the customs inspection, owners and drivers of vehicle or persons authorized
by owners of vehicle are not required to fill in the customs declarations,
except for baggage, imported or exported goods of people on exit or entry
aboard their vehicle.
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a/ For vehicle in transit, immediately after their
arrival at the first entry border checkpoint and before they go through the
last border checkpoint for exit;
b/ For seagoing vehicle on entry, within 2 hours
after the port authorities announce that these vehicle have arrived at the
places for pilot embarkation; for seagoing vehicle on exit, within 1 hour
before they exit;
c/ For air vehicle on exit or entry, immediately
after their arrival at the border checkpoint and before carriers stop carrying
out formalities for receiving exported goods and passengers on exit;
d/ For railway, land and river way vehicle on exit
or entry, immediately after their arrival at the first entry border checkpoint
and before they go through the last border checkpoint for exit.
3. Military vehicles and other vehicle used for
national defense and security purposes must go through customs formalities and
be subject to customs inspection and supervision.
4. The Government shall stipulate customs
formalities and customs inspection and supervision of vehicle.
Article 70. Transshipment,
carriage transfer, carriage detachment, loading and unloading of goods and
baggage aboard vehicle
The transshipment, carriage transfer, carriage
detachment, loading and unloading of goods and baggage aboard vehicle which are
subject to customs inspection and supervision may be conducted when obtaining
approval of customs authorities.
Goods handled through transshipment, carriage
transfer and carriage detachment must have their packing, boxes and parcels
kept intact.
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1. Vehicle used for international transportation
may be used for domestic goods transportation, if they are permitted by
competent regulatory bodies and satisfy customs supervision requirements
regulated by the Minister of Finance. 2. Vehicle used for domestic
transportation may also be used for transportation of imported and exported
goods subject to customs supervision, if they are permitted by competent
regulatory bodies and satisfy customs supervision requirements regulated by the
Minister of Finance.
Article 72.
Responsibilities of heads at airports, seaports and international railway
stations
Heads of competent agencies and organizations at
airports, seaports and international railway stations shall notify customs
authorities of arrival and departure times and stop places of seagoing ships,
aircraft and international transportation trains; and time for goods loading
onto and goods unloading from seagoing ships, aircrafts and international
transportation trains.
Section 8. INSPECTION,
SUPERVISION, POSTPONEMENT OF CUSTOMS FORMALITIES FOR IMPORTED AND EXPORTED
GOODS UPON REQUEST FOR PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Article 73. Principles of
inspection, supervision and postponement of customs formalities
1. Holders of intellectual property rights
protected in accordance with the law on intellectual property have the right to
request customs authorities to apply inspection and supervision methods or
postpone customs formalities for imported and exported goods showing signs of
intellectual property right infringement.
2. Customs authorities may decide to postpone
customs formalities for imported or exported goods when intellectual property
rights holders or legally authorized persons make written requests and show
evidence of their lawful holding of intellectual property rights and evidence
of infringements thereupon and have paid a deposit or produced documents on
guarantee by credit institutions as security for payment of damage compensation
and expenses as prescribed which may arise due to wrong requests for
postponement of customs formalities.
3. Provisions on postponement of customs
formalities for imported and exported goods showing signs of intellectual
property right infringement as prescribed in this Law are not applicable to
humanitarian aid goods, personal belongings, goods eligible for privileges and
immunities, baggage, donations and gifts within the duty-free quota and
transited goods.
Article 74. Formalities
for requesting customs inspection and supervision and postponement of customs
formalities
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2. In case of request for customs inspection and
supervision, the intellectual property rights holder or legally authorized
person shall pay charges and fees prescribed by the law on charges and fees and
provide customs authorities with the following materials:
a/ A written request; written authorization in case
of authorized submission of request;
b/ A copy of protection title for industrial
property rights or another materials proving industrial property rights which
are currently protected in Vietnam or a copy of the certificate of registration
of industrial property licensing contract; a copy of the certificate of
registration of copyright, copyright-related rights or rights to plant
varieties or another materials proving copyright, copyright-related rights or
rights to plant varieties;
c/ A detailed description of intellectual property
right-infringing goods, photos and characteristics for distinguishing genuine
goods from intellectual property right-infringing goods;
d/ A list of lawful importers or exporters of goods
requiring supervision; a list of persons likely to export or import
intellectual property right-infringing goods.
The time limit for application of customs
inspection and supervision measures for goods requiring protection of
intellectual property rights is 2 years from the day on which the customs
authority accepts the request of the intellectual property rights holder. This
time limit may be granted extension for another 2 years but must not exceed the
duration of protection of the concerned intellectual property subject matter in
accordance with the Law on Intellectual Property.
3. In case of requesting postponement of customs
formalities, the intellectual property rights holder or legally authorized
person shall provide the customs authority with the materials as prescribed in
Clause 2 of this Article and pay a sum of money or submit documents on
guarantee by a credit institution equal to 20% of the value of the goods
shipment in the contract or at least VND 20 million if the value of the
suspected infringing goods shipment is not identified to pay damage
compensation and expenses as prescribed which may arise due to wrong request
for postponement of customs formalities.
Article 75. Receipt and
handling of written requests for customs inspection and supervision and
postponement of customs formalities
1. Place where written requests are receipt:
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b/ The General Department of Customs shall receive
written requests for customs inspection and supervision.
2. Customs authorities shall notify in writing requesters
of the acceptance of requests or refusal to accept requests within the
following time limits:
a/ Within 20 days after receiving sufficient
materials as prescribed in Clause 2, Article 74 of this Law.
b/ Within 2 working hours after receiving sufficient
materials as prescribed in Clause 3, Article 74 of this Law.
In case of refusal to accept request, customs
authorities shall issue written replies, clearly stating reasons.
Article 76. Procedures for
postponement of customs formalities
1. Procedures for postponement of customs
formalities for requesters whose inspection and supervision requests are
accepted by customs authorities shall be carried out as follows:
a/ When detecting shipments which show signs of
intellectual property right infringement, the customs authority shall postpone
customs formalities and promptly notify such in writing to the requester;
b/ Within 3 working days after receiving the
customs authority’s notice, if the requester does not require postponement of
customs formalities, the customs authority shall continue carrying out customs
formalities under regulations.
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2. In case intellectual property rights holders
make requests for postponement of customs formalities for goods showing signs
of intellectual property right infringement but make no written request for customs
inspection and supervision, customs authorities shall decide to postpone
customs formalities if the requirements prescribed in Clause 3, Article 74 of
this Law are satisfied.
3. The time limit for postponement of customs
formalities is 10 working days from the day on which the customs authority
issues the decision. In case the requester has a plausible reason for
postponement, this time limit may be extended but must not exceed 20 working
days, provided the requester pays an additional sum of money or submits an
additional document on guarantee as prescribed in Clause 3, Article 74 of this
Law.
4. Upon expiration of the postponement duration as
prescribed in Clause 3 of this Article, if the requester for postponement of
customs formalities initiates no civil lawsuit and the customs authority
decides not to handle the case according to formalities for handling of
administrative violations, the customs authority shall continue carrying out
customs formalities for the shipment.
In case the requester for postponement of customs
formalities withdraws the request and the customs authority decides not to
handle the case according to formalities for handling of administrative
violations before the expiration of the temporary suspension duration, the
customs authority shall immediately continue carrying out customs formalities
for the shipment.
5. Intellectual property rights holders or legally
authorized persons shall pay to goods owners arising expenses for warehousing,
loading, unloading and preservation of goods due to wrong requests for
postponement of customs formalities.
6. Customs authorities shall refund security
amounts to intellectual property rights holders or legally authorized persons
after the latter have fulfilled their obligation to pay arising expenses and
damage compensations under decisions of customs authorities or competent
agencies.
7. The time limit for tax payment (if any) is
determined from the day on which the customs authority decides to continue
carrying out customs formalities for the shipment.
Section 9. POST-CUSTOMS
CLEARANCE INSPECTION
Article 77. Post-customs
clearance inspection
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Post-customs clearance inspection aims to assess
the accuracy and truthfulness of documents and dossiers that are declared,
submitted and produced by customs declarants to customs authorities; and
observance by customs declarants of the law on customs and other laws related
to the management of imported and exported goods.
2. Post-customs clearance inspection shall be
caưied out at customs authorities or premises of customs declarants.
Premises of customs declarants include their head
offices, branches, stores and goods production and preservation establishments.
3. The time limit for post-customs clearance
inspection is 5 years from the day on which of customs declaration
registration.
Article 78. Cases of
post-customs clearance inspection
1. Inspection in case there are violation of the
law on customs and other laws relevant to the management of imported and
exported goods.
2. In cases other than those as prescribed in
Clause 1 of this Article, post-customs clearance inspection shall be carried
out based on the application of risk management.
3. Inspection of law observance by customs
declarants.
Article 79. Post-customs
clearance inspection at customs authorities
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The inspection duration is determined in the
inspection decision provided that it is not more than 5 working days.
2. A decision on post-customs clearance inspection
must be sent to the customs declarant within 3 working days from the day on
which of it is signed and at least 5 working days before the inspection is
conducted.
The customs declarant shall explain and provide
documents and documentary evidence related to the dossier under inspection at
the request of the customs authority.
In the course of inspection, the customs declarant
may explain and additionally provide customs document-related information and
documents.
3. The handling of inspection results is regulated
as follows:
a/ If provided information and documentary evidence
and explained statements prove that customs declaration contents are correct,
the customs document is accepted;
b/ If nothing proves that customs declaration
contents are correct or the customs declarant fails to provide documents and
documents and give explanations according to inspection requirements, the
customs authority shall decide on handling in accordance with the laws on taxes
and on handling of administrative violations.
4. Within 5 working days after an inspection is
completed, the inspection decision issuer shall sign and send the notice of
inspection results to the customs declarant.
Article 80. Post-customs
clearance inspection at premises customs declarants
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a/ The General Director of Customs and Director of
the Department for Post-Customs Clearance Inspection shall make a decision on
post-customs clearance inspection nationwide;
b/ Directors of Customs Departments shall make a
decision on post-customs clearance inspection in localities under their
management.
In case of inspection of enterprises which are not
located in administrative divisions under their management, Customs Departments
shall report to the General Department of Customs for consideration and
assignment of other units to conduct inspection.
The inspection and assessment of law observance of
customs declarants must comply with annual post-customs clearance inspection
plans promulgated by the General Director of Customs.
2. Duration of post-customs clearance inspection:
a/ The duration of post-customs clearance
inspection shall be determined in the inspection decision provided that it is
not more than 10 working days. The inspection duration is determined from the
day on which the inspection begins. In case the scope of inspection is large
and matters are complicated, the inspection decision issuer may grant an
extension of the inspection duration once for not more than 10 working days.
b/ The decision on post-customs clearance
inspection must be sent to the customs declarant within 3 working days from the
day on which it is signed and within 5 working days before the inspection is
conducted, except the cases as prescribed in Clause 1, Article 78 of this Law.
3. Order and formalities for post-customs clearance
inspection:
a/ Announce the post-customs clearance, inspection
decision before the inspection is conducted;
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c/ Make a written record of post-customs clearance
inspection within 5 working days after the inspection is concluded;
d/ Within 15 working days after the inspection is
concluded, the inspection decision issuer shall sign the inspection conclusion
and send it to the customs declarant. In case the inspection conclusion
requires expert opinions of a competent agency, the time limit for signing the
inspection conclusions is determined from the day on which the competent agency
gives its opinions. Competent professional agencies shall give their opinions
within 30 days from the date of receiving requests of customs authorities;
dd/ Handling according to the competence of customs
officials or transferring the case to a competent authority for handling
according to inspection results.
4. If customs declarants fail to abide by
inspection decisions, explain and provide documents and documents within the
prescribed time limit to customs authorities, customs authorities shall base
themselves on collected and verified documents and materials to make a decision
on handling in accordance with the laws on taxes and handling of administrative
violations or conduct specialized inspection in accordance with law.
Article 81. Tasks and
entitlements of customs officials in post-customs clearance inspection at
premises customs declarants
1. The General Director of Customs, the Director of
the Department for Post-Customs Clearance Inspection and Directors of Customs
Departments have the following tasks and entitlements:
a/ Issue inspection decisions and set up inspection
teams;
b/ Extend the inspection duration where necessary;
c/ Issue inspection conclusions; handle inspection
results; make a decision on handling in accordance with the laws on taxation
and handling of administrative violations or propose competent persons to make
a decision on handling in accordance with law;
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2. Heads of inspection teams have the following
tasks and entitlements:
a/ Organize and direct their team members to
conduct inspection with contents, subjects and within time limits in inspection
decisions;
b/ Request customs declarants to provide information,
documents and written explanations about issues related to inspection contents,
produce goods for inspection when necessary and requirements permit;
c/ Make written records of, and report to competent
authorities for handling on, custom declarants’ acts of failing to abide by,
obstructing or delaying the implementation of inspection decisions;
d/ Temporarily seize and seal documents and
material evidence in case customs declarants show signs of dispersal and
destruction of documents and material evidence related to law violations;
dd/ Make and sign written records of inspection;
e/ Report on inspection results to inspection
decision issuers and take responsibility for the accuracy, truthfulness and
objectiveness of their reports.
3. Inspection team members have the following tasks
and entitlements:
a/ Perform tasks assigned by inspection team heads;
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c/ Make and sign written records of inspection as
assigned by inspection team heads.
Article 82. Rights and
obligations of customs declarants in post-customs clearance inspection
1. Exercise the rights and fulfill the obligations
as prescribed in Article 18 of this Law.
2. Promptly, fully and accurately provide documents
as required and take responsibility for the accuracy and truthfulness of such
documents.
3. Refuse to provide information and documents
irrelevant to inspection contents or information and documents involved in
state secrets, unless otherwise provided by law.
4. Receive written inspection conclusions and
request explanations about inspection conclusions; to reserve their opinions in
written inspection conclusions.
5. Request inspection team heads to produce
inspection decisions, customs identity cards in case of post-customs clearance
inspection at head premises of customs declarants.
6. Comply with requests for post-customs clearance
inspection and appoint competent persons to work with customs authorities.
7. Explain related issues at the request of customs
authorities.
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9. Abide by handling decisions of customs
authorities and competent agencies.
Chapter IV
COLLECTION OF TAXES AND
OTHER AMOUNTS PAYABLE ON IMPORTED AND EXPORTED GOODS
Article 83.
Responsibilities of customs declarants for declaration, calculation and payment
of taxes and other amounts payable
1. Declare and calculate taxes in an accurate,
truthful and complete manner and on time and take responsibility for their tax
declaration and calculation.
2. Pay taxes and other amounts payable in full and
on time in accordance with the laws on taxes, charges, and fees and other
corresponding regulations of law.
3. Comply with decisions of customs authorities on
taxes and other amounts payable in accordance with the laws on taxes, charges
and fees and other corresponding regulations of law.
Article 84.
Responsibilities of customs authorities for collection of taxes and other
amounts payable
1. The General Department of Customs shall organize
the collection of taxes and other amounts payable on imported and exported
goods; and apply measures to ensure the correct and full collection of taxes
and other amounts payable in accordance with the laws on taxes, charges and
fees and other corresponding regulations of law.
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Article 85. Determination
of tax rates, time of tax calculation, time limits of tax payment for imported
and exported goods
According to HS codes and tax policies applicable
to imported and exported goods, the determination of tax rates for imported and
exported goods shall be effective at the time of tax calculation.
The time of tax calculation and time limits for tax
payment for imported and exported goods shall comply with the law on taxation.
Article 86. Customs value
1. Customs value is used as a basis for the
calculation of import and export duties and making of statistics on imported
and exported goods.
2. Customs value of exported goods means selling
prices of such goods when they arrive at border checkpoints of exportation,
excluding international insurance cost and freight.
3. Customs value of imported goods means payable
actual prices determined when they arrive at the first border checkpoint of
importation in compliance with Vietnamese law and treaties to which the
Socialist Republic of Vietnam becomes a party.
4. The exchange rate for tax calculation means the
exchange rate between Vietnam dong and a foreign currency announced by the
State Bank of Vietnam at the time of tax calculation. In case the State Bank of
Vietnam fails to announce the exchange rate at the time of tax calculation, the
last announced exchange rate applies.
5. The Government shall provide guidance on this
Article.
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TACKLING OF SMUGGLING
AND ILLEGAL CROSS-BORDER TRAFFICKING OF GOODS
Article 87. Tasks of
customs authorities in the tackling smuggling and illegal cross-border
trafficking of goods
1. Within the area of competence, customs
authorities shall organize the performance of the task of tackling smuggling
and illegal cross-border trafficking of goods.
2. Customs authorities may set up full-time units
to perform the task of tackling and illegal cross-border trafficking of goods.
Article 88. Scope of
responsibility to tackle smuggling and illegal cross- border trafficking of
goods
1. Within their customs operating locations customs
authorities shall conduct customs inspection, supervision and control of goods
and vehicle to take the initiative in tackling smuggling and illegal
cross-border transportation of goods.
In case agencies, organizations or individuals
detect acts of smuggling or illegal cross- border transportation of goods while
goods and carrying vehicles have not been taken out of custom operation areas,
they shall immediately report such to customs authorities for inspection and
handling.
In case there are reasonable grounds that goods are
smuggled or illegally transported across the border or carrying vehicles are
moving out of customs operating locations, customs authorities shall continue
pursuing them and notify such to police offices, border guards, marine police
officers and market managers in their localities for cooperation and
concurrently apply measures to prevent and handle them in accordance with law.
The halt and pursuit of foreign vehicles traveling in Vietnam’s sea areas
comply with the Law on Sea Areas of Vietnam.
2. In case related regulatory bodies have
reasonable grounds that smuggling or illegal cross-border trafficking of goods
is committed while goods or carrying vehicles have been taken out of customs
operating locations, they shall, within their competence, inspect and handle
such acts in accordance with law. Customs authorities shall cooperate with
related regulatory bodies in applying measures to tackle smuggling and illegal
cross-border transportation of goods.
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4. In internal waters, territorial waters and
contiguous zones, customs authorities shall cooperate with one another in
conducting patrol and control activities to prevent smuggling and illegal
cross-border transportation of goods, apply measures to prevent and handle
violations according to their competence in internal waters and territorial
waters in accordance with the Law on Sea Areas of Vietnam.
5. People’s Committees shall direct the cooperation
among customs authorities and other related regulatory bodies in localities in
performing the task of tackling smuggling and illegal cross-border
transportation of goods.
6. The Government shall provide guidance on customs
control measures and responsibility to cooperate with customs authorities in
tackling smuggling and illegal cross- border trafficking of goods.
Article 89. Competence of
customs authorities for the application of measures to tackle smuggling and
illegal cross-border trafficking of goods
1. Organize forces, set up databases, apply
necessary customs control measures, collect customs operation-related
information at home and abroad so as to actively tackle smuggling and illegal
cross-border trafficking n of goods, and serve customs clearance for goods and
post-customs clearance inspection; cooperate with related agencies in keeping
secret providers of information on cases of smuggling and illegal cross- border
trafficking of goods in accordance with law.
2. Conduct customs control of goods and vehicle; to
take charge, and cooperate with related regulatory bodies in, carrying out
activities of tackling smuggling and illegal cross-border trafficking of goods
within customs operating locations.
When conducting customs control of goods and
vehicle in customs operating locations, customs authorities may apply patrol,
investigation and verification or other professional measures in accordance,
with this Law and the laws on handling of administrative violations, criminal
procedure and organization of criminal investigations.
3. Request related agencies, entities to provide
information and materials to serve inspection, supervision and verification of
acts of smuggling and illegal cross-border trafficking of goods.
4. Request postal and express mail service
providers to open postal parcels and goods exported or imported by mail or via
express mail service for inspection when there are reasonable grounds that such
postal parcels and goods contain materials and items related to smuggling and
illegal cross-border trafficking of goods.
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6. Apart from customs operating locations, customs
authorities shall coordinate and conduct customs control activities to tackle
smuggling and illegal cross-border trafficking of goods in accordance with law.
Article 90. Competence of
customs authorities and customs officials in handling smuggling and illegal
cross-border trafficking of goods
1. Handle administrative violations, apply
preventive measures and ensure the handling of administrative violations in
accordance with the law on handling of administrative violations.
In case they have reasonable grounds that there are
acts of smuggling or illegal cross- border transportation of goods, heads of
Customs Sub-Departments, heads of control squads under Customs Departments,
heads of anti-smuggling control squads and marine control flotillas under the
Anti-Smuggling Investigation Department are competent to halt vehicle,
temporarily hold people in custody and escort violators in accordance with the
Law on Handling of Administrative Violations.
2. When detecting acts of violation of the law on
customs which are serious enough to be examined for penal liability, customs
authorities and officers competent to initiate criminal cases and lawsuits
against the accused shall conduct investigation activities in compliance with
the laws on criminal procedure and organization of criminal investigation.
3. When carrying out activities prescribed in this
Article, customs authorities and customs officials shall be held responsible
before law for their decisions.
Article 91. Rights and
obligations of related entities in the tackling smuggling and illegal
cross-border trafficking of goods
1. In the tackling smuggling and illegal
cross-border trafficking of goods, related entities have the rights to:
a/ Provide information, documents, materials and
evidence relating to cases of violation to customs authorities; request customs
authorities to solicit expert examination to protect their rights and lawful
interests;
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2. In the tackling smuggling and illegal
cross-border trafficking of goods, related entities have the obligations:
a/ Drivers and people on board vehicles shall obey
orders to stop their vehicle, to be searched and produce papers, documents and
materials at the request of customs officials. Vehicle operators shall provide
diagrams of cargo holds and instructions or open places where goods are
doubtfully hidden on vehicles for search by customs officials;
b/ Credit institutions and insurance businesses
shall provide documents and materials related to payment and insurance
transactions at the request of customs authorities to serve investigation,
verification and handling of acts of smuggling or illegal cross-border
trafficking of goods;
c/ Entities related to imported, exported or
transited goods, vehicles on entry or exit or in transit shall provide related
information, documents and materials to serve investigation, verification and
handling of acts of smuggling or illegal cross-border trafficking of goods; and
be present at customs authorities to explain questionable issues as requested;
Article 92. Furnishing and
use of technical equipment and means to serve the tackling smuggling and
illegal cross-border trafficking of goods
1. Customs authorities and customs officials shall
be furnished with and use professional technical means, weapons, supporting
tools, banners, flares, flashlights, observative and screening devices,
biochemical technologies, mechanical equipment, electric and electronic
equipment and other devices as prescribed to perform the task of tackling
smuggling and illegal cross-border transportation of goods. The furnishing and
use of weapons and supporting tools comply with the law on management and use
of weapons, explosives and supporting tools.
2. In case of necessity, customs authorities and
customs officials that directly perform the task of tackling smuggling and
illegal cross-border trafficking of goods may request agencies, entities to
coordinate forces and provide means and information. If causing damage to
provided means, customs authorities shall pay compensation in accordance with
law.
Chapter VI
CUSTOMS COMMUNICATION
AND STATISTICS ON IMPORTED AND EXPORTED GOODS
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Article 93. Customs
communication
Customs communication shall be collected, archived,
managed and used for carrying out customs formalities; making statistics on
imported and exported goods; applying the risk management in professional
customs operations and post-customs clearance inspection; tackling smuggling
and illegal cross-border transportation of goods.
Article 94. Customs
communication system
1. The customs communication system consists of:
a/ Database on the communication system;
b/ Technical infrastructure on the communication
system.
2. The customs communication database contains:
a/ Information on imported, exported and transited
goods;
b/ Information on vehicles on exit or entry or in
transit;
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d/ Other information related to professional
operations of customs authorities.
3. The customs communication database shall be
managed in a centralized and uniform manner. The General Department of Customs
shall set up, manage and develop the database and technical infrastructure of
the customs communication system by updating and integrating information and
data of the entire customs service; connect and share information and data with
the communication systems of entities outside the customs service, customs
authorities of other countries and international organizations in accordance
with Vietnamese law and treaties to which the Socialist Republic of Vietnam
becomes a party.
Customs authorities shall apply measures to keep
confidential information and prevent illegal access to the customs
communication system.
Article 95. Collection and
provision of customs communication in the country
1. Customs authorities shall organize the
collection of information from the following sources:
a/ Customs operations;
b/ Ministries and related ministerial-level
agencies;
c/ Entities involved in or related to production, import
and export activities, on exit or entry or in transit;
d/ Other sources of information.
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a/ Receive and provide information to customs
declarants;
b/ Establish and implement the mechanism for
cooperation in the exchange and provision of information to functional agencies
of related ministries and ministerial-level agencies;
c/ Apply measures and professional techniques to
collect information;
d/ Request entities to provide information related
to import, export, exit, entry and transit activities;
dd/ Access other related sources of information.
3. Rights and responsibilities of agencies,
entities in providing customs communication:
a/ Entities may request customs authorities to
provide customs communication related to their rights and obligations;
b/ Ministries and related ministerial-level
agencies shall provide information related to import, export, exit, entry and
transit activities to customs authorities;
c/ Entities involved in or related to import,
export, exit, entry and transit activities shall provide information to customs
authorities in accordance with this Law and other corresponding regulations of
law.
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Article 96. Collection of
customs communication abroad
1. Sources of customs communication collected
abroad shall include:
a/ Information provided by customs authorities and other
agencies of states and territories under cooperation agreements on mutual
assistance in information exchange and supply;
b/ Information provided by related international
organizations under treaties to which the Socialist Republic of Vietnam becomes
a party;
c/ Information provided by entities involved in or
related to the production, import and export of goods as requested by customs
authorities in compliance with Vietnamese law and treaties to which the
Socialist Republic of Vietnam becomes a party.
2. Customs authorities shall organize the
collection of information abroad to serve the following activities:
a/ Verify the origin, transaction value, standards
and quality of imported goods;
b/ Determine the lawfulness of documents and
transactions related to imported and exported goods;
c/ Verify acts of smuggling and illegal
cross-border transportation of goods or other acts violating the law on
customs;
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Section 2. STATISTICS ON
IMPORTED AND EXPORTED GOODS
Article 97. Releasing
statistics on imported and exported goods
1. Releasing statistics on imported and exported
goods is the process of collecting, processing, summarizing, analyzing,
forecasting, reporting, popularizing and archiving statistical information on
imported and exported goods carried out by the General Department of Customs.
2. Statistical information on imported and exported
goods is a product of statistical operations, including statistical data on
imported and exported goods and analyses of these statistics.
3. The General Department of Customs shall publish
publications on statistics on imported and exported goods.
Article 98. Statistical
reports on imported and exported goods
The General Department of Customs shall send to the
Government and Ministry of Finance monthly reports on statistical information
on imported and exported goods made according to the prescribed forms and
reports on analysis and assessment of importation and exportation of goods.
Chapter VII
STATE MANAGEMENT OF
CUSTOMS
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State management of customs shall include:
1. Elaborate and direct the implementation of the
strategy, master plan and plans on development of Vietnam’s Customs;
2. Promulgate and organize the implementation of
legal documents on customs;
3. Guide, implement and disseminate the law on
customs;
4. Stipulate the organization and operation of
customs authorities;
5. Train, foster and build the contingent of
customs officials;
6. Organize research and application of science and
technology and modern customs management methods;
7. Release state statistics on customs;
8. Conduct inspection, examination, settlement of
complaints and denunciations and handling of violations against the law on
customs;
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Article 100. Regulatory authorities
in charge of the state management of customs
1. The Government performs the uniform state
management of customs.
2. The Ministry of Finance takes responsibility to
the Government for the uniform state management of customs.
3. Ministries and ministerial-level agencies shall,
within the area of competence, cooperate with the Ministry of Finance in
performing the state management of customs.
4. People’s Committees shall, within the area of
competence, organize the implementation of the law on customs in their
respective localities.
Chapter VIII
IMPLEMENTATION
PROVISIONS
Article 101. Amendments
to Law No. 78/2006/ QH11 on Tax Administration on amendments to Law No. 21
/2012/QH13
1. Clause 5, Article 4 shall be amended as follows:
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2. Clause 4, Article 32 shall be amended as
follows:
“4. For imported and exported goods, the time limit
for submission of tax declaration documents is prescribed by the Law on
customs.”
3. Clause 2, Article 34 shall be amended as
follows:
“2. For imported and exported goods, an additional
declaration in tax declaration documents must comply with the Law on customs.”
4. Point b, Clause 1, Article 78 shall be amended
as follows:
“b/ Cases of post-customs clearance inspection are
as prescribed in the Law on customs.
During a post-customs clearance inspection, if tax
evasion or fraud is detected, the Director of the Department for Post-Customs
Clearance Inspection, directors of Customs Departments and heads of
post-customs clearance inspection branches shall make a decision on the
application of the measures as prescribed in Clause 4, Chapter X of this Law;”
5. Point d, Clause 3, Article 77 shall be annulled;
the phrase “and Point d” at Point a, Clause 1, Article 78 shall be deleted; the
phrase “at premises of taxpayers under Clause 2, Article 34 of this Law” at
Point a, Clause 2, Article 107 shall be deleted.
6. Change the phrase “from the date of registration
of the declaration form” at Point a, Clause 2, Article 107 to “from the day on
which of customs clearance”.
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1. Clause 1, Article 122 shall be amended as
follows:
“1. The detention according to administrative
formalities is applied only where necessary to promptly prevent or stop acts of
disturbing public order and inflicting injury on others or there are reasonable
grounds that there are acts of smuggling or illegal cross-border transportation
of goods.”
2. The first paragraph of Clause 1, Article 123
shall be amended as follows:
“1. If there are acts of disturbing public order
and inflicting injury on others or there are reasonable grounds that there are
acts of smuggling or illegal cross-border trafficking of goods prescribed in
Clause 1, Article 122 of this Law, the following competent persons have
entitlements to make a decision on detention according to administrative
formalities:”
Article 103. Effect
This Law takes effect on January 1, 2015.
Law on customs No. 29/2001/QH10 and Law No.
42/2005/QH11 on amendments to the Law on customs shall be annulled from the
effective date of this Law.
Article 104. Guidance
The Government shall provide guidance on articles
and clauses of this Law as assigned.
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PRESIDENT OF
THE NATIONAL ASSEMBLY
Nguyen Sinh Hung