THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
54/2003/QD-BTC
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Hanoi,
April 16, 2003
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DECISION
PRESCRIBING THE CUSTOMS MANAGEMENT OVER GOODS ON SALE AT
DUTY-FREE SHOPS
THE MINISTER OF FINANCE
Pursuant to Customs Law No. 29/2001/QH10
adopted on June 29, 2001 by the Xth National Assembly of the Socialist Republic
of Vietnam at its ninth session;
Pursuant to the Government's Decree No. 101/2001/ND-CP of December 31, 2001 detailing
the implementation of a number of articles of the Customs Law regarding customs
procedures, customs inspection and supervision regime;
Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002
defining the functions, tasks, powers and organizational structures of the
ministries and ministerial-level agencies;
Pursuant to the Prime Minister's Decision No. 205/1998/QD-TTg of August 19,
1998 promulgating the Regulation on duty-free shops;
At the proposal of the General Director of Customs,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on customs management
over goods on sale at duty-free shops.
Article 2.- This
Decision takes effect 15 days after its publication in the Official Gazette. To
repeal Decision No. 1549/2001/QD-TCHQ of December 26, 2001, Article 6 of
Decision No. 19/2002/QD-TCHQ of January 10, 2002 of the General Director of
Customs and other guiding documents contrary to this Decision.
Article 3.- The General
Director of Customs, the heads of the units under or attached to the Ministry
of Finance and the concerned organizations and individuals shall have to
implement this Decision.
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FOR THE MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung
REGULATION
ON CUSTOMS MANAGEMENT OF GOODS ON SALE AT DUTY-FREE SHOPS
(Promulgated
together with Decision No. 54/2003/QD-BTC of April 16, 2003 of the Minister of
Finance)
I. GENERAL PROVISIONS
1. Goods imported for sale at duty-free shops
(hereinafter referred to as shops for short) shall be allowed to go through
customs procedures at the Customs Sub-Departments that manage the shops.
Customs procedures for goods imported for sale
at the shops shall be the same as those for goods imported for business. Tax
shall be calculated only on import goods sold to people on entry with prices
exceeding the duty-free luggage limits (tax shall be calculated and collected
on excess quantity).
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3. The Customs shall not seal up storehouses and
shops, directly supervise nor directly carry out sale procedures. Once a month,
the Customs shall check the shops' sale documents so as to liquidate the import
declarations. In the process of liquidation, if deeming it necessary, the
Customs shall check the quantities of unsold goods.
4. Responsibilities of the shops:
4.1. To sell goods rightly according to
procedures, to the right subjects and in the prescribed quantities.
4.2. To keep sale documents and dossiers under
the provisions in Section II below.
4.3. Once a month, the shops must send sale
reports to the managing Customs Sub-Departments (according to a set form) for
inspection and liquidation.
4.4. The shops must have computer systems linked
to the managing Customs Sub-Departments so that they can directly transmit to
the Customs offices:
- Sale data (names of buyers, their passport or
laissez-passer numbers, goods names, quantities, value...)
- Data on unsold goods (goods names, codes,
quantities and value...).
5. The Customs that manage the shops shall have
to open books to monitor goods imported for sale at the shops and data on the
sold and unsold goods, which are supplied by the shops under the provisions at
Point 5.4 above.
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1. If buyers are Vietnam-based diplomatic
missions, consulates and representation missions of international organizations
which enjoy the tax-free quantitative limits specified in the Government's
Decree No. 73/CP of July 30, 1997:
1.1. Salespeople must check the following
documents:
a/ Diplomatic passports, identity cards or notes
(if buyers are organizations).
b/ Duty-free goods quota books.
c/ The purchase authorization papers (for cases
of goods purchase under authorization).
d/ The permits of the provincial/municipal
Customs Departments (for goods being cars or motorcycles).
1.2. Salespeople must keep and archive the
following documents:
a/ Cutting off the coupons corresponding to the
sold goods and sticking them on the sale invoices.
b/ The sale invoices.
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2. If people on exit buy goods at the
exit-border gate shops:
2.1. Salespeople must check the following
documents:
a/ Passports or laissez passers.
b/ Documents proving the lawful origin of their
foreign currency(ies) (for cases of purchase of goods valued in excess of the
prescribed foreign currency limit, which must be declared to the Customs under
the regulations of State Bank of Vietnam).
2.2. Salespeople must:
a/ Inscribe fully the full names, passport
numbers and exit dates of buyers on the sale invoices.
b/ Archive the sale invoices.
2.3. For tourists who exit by sea and have no
entry visas nor luggage declarations, the provisions at Point 2.2 above shall
apply.
3. If people on exit buy goods at inland
shops:
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a/ The passports.
b/ The booked air tickets
3.2. Salespeople must keep and archive the
following documents:
a/ The sale invoices (with the exit-border gate Customs'
certification of actual exportation).
b/ Fully inscribe the full names, passport
numbers, flight numbers and exit dates of the goods buyers on the sale
invoices.
3.3. Customs procedures to be performed by the
Customs Sub-Departments managing the shops:
a/ Checking and comparing the sold goods with
the sale invoices.
b/ Sealing up the sold goods so that the shops
can transport them to the export border gates.
3.4. Customs procedures at the export border
gates:
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b/ Supervising to ascertain that they are
actually exported.
c/ Making certification of actual exportation on
each sale invoice.
4. If people on entry buy goods at entry-border
gate duty-free shops or inland duty-free shops:
4.1. Salespeople must check the following
documents;
a/ The passports.
b/ The entry/exit declarations.
c/ After selling goods, they must inscribe the
total value of sold goods, sign and inscribe their full names on the entry/exit
declarations.
4.2. Salespeople must keep and archive the
following documents:
a/ The sale invoices.
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c/ Keep the copies of the entry/exit
declarations (after inscribing them as prescribed at Point 3.1.c above).
5. If buyers are foreign specialists
involved in implementing ODA programs or projects in Vietnam, who buy goods
within the tax-free quantitative limits specified in the Prime Minister's
Decision No. 211/1998/QD-TTg of October 31, 1998, overseas Vietnamese returning
home to work at the invitations of Vietnamese State bodies under the Prime
Minister's Decision No. 210/1999/QD-TTg of October 27, 1999:
5.1. Pre-sale procedures: The shops must produce
the documents specified at Point 5.2.c below to the managing Sub-Departments
for certification and deduction of the goods sold at the shops:
5.2. Salespeople must check the following
documents:
a/ The passports.
b/ The entry/exit declarations.
c/ The written certifications by the Ministry of
Planning and Investment (for ODA specialists) or the ministries or branches
that invite overseas Vietnamese to return and work in Vietnam (for overseas
Vietnamese).
5.3. Salespeople must keep and archive the
following documents:
a/ The sale invoices.
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c/ For documents specified at Point 5.2.c above:
- Keep the copies thereof, with the deduction
certification by the customs, if buyers have not yet bought up the goods within
the duty-free limits.
- Keep the originals, if buyers have bought up
the goods within the duty-free limits.
6. For duty-free goods on in-flight sale:
When taking goods on board aircraft or bringing unsold goods back, enterprises
must submit to the Customs documents clearly reflecting the quantities of goods
taken on board aircraft, the quantities of actually sold goods and the
quantities of unsold goods, with the certifications by the duty-free shops,
salespeople and supervising Customs officers, serving as a basis for the
liquidation for each flight.
7. Goods bought on orders by ship
captains at duty-free shops must be put into the ships' holds so that the
Customs can seal up and supervise them until the ships depart (except the goods
proposed by the ship masters to be left outside in reasonable quantities for
use during the time when the ships are moored at ports).
III. PROVISIONS ON LIQUIDATION
1. A liquidation dossier comprises:
a/ Documents on goods sold to each subject as
prescribed in Section II above.
b/ The shop's monthly sale report.
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The liquidation shall be effected on a monthly
basis. Annually, the Customs Sub-Departments that manage the shops shall check
unsold goods.
The shops shall have to archive the dossiers of
sale documents (according to each type of buyer-subjects prescribed in Section
II above) and produce them to the Customs when they conduct inspection and
liquidation.
2. Liquidation procedures:
- Monthly, the Customs Sub-Departments that
manage the shops shall liquidate the quantities of goods sold in the month once
in the first week of the month. When the Customs check and liquidate such
goods, the shops must produce the dossiers mentioned at Point 1 above and other
books and documents (if the Customs so request).
- In the liquidation process, if deeming it
necessary, the Customs shall check unsold goods.
- After the liquidation, the shops must archive
the sale dossiers within the time limit prescribed by law.
3. Liquidation in cases of broken or destroyed
goods:
3.1. For broken goods in the process of
transport, the shops must submit the expertise certificates and written
explanations thereon. For cases where few goods are broken, the Customs shall
not request expertise thereof.
3.2. For goods which are destroyed because their
use durations have expired or they have deteriorated in quality, the shops must
submit the expertise certificates and written explanations thereon
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IV. PROVISIONS ON GOODS
CHANGING THEIR USE PURPOSES
1. Re-exported goods:
a/ When carrying out re-export procedures, the
shops must submit the following documents:
- The written request for re-export.
- The Trade Ministry's permit (if such permit
was issued upon importation).
b/ Re-export customs procedures:
- The re-export customs procedures shall be the
same as those prescribed for re-export goods lots.
- The Customs Sub-Departments that manage the shops
shall carry out re-export procedures.
2. Goods transported for inland sale:
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a/ A written request.
b/ The Trade Ministry's permit (for conditional
import goods).
The customs procedures for transporting goods
for inland sale shall be the same as those prescribed for goods imported for
business.
FOR THE MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung