THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 08/2015/ND-CP
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Hanoi, January
21, 2015
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DECREE
PROVIDING
SPECIFIC PROVISIONS AND GUIDANCE ON ENFORCEMENT OF THE CUSTOMS LAW ON CUSTOMS PROCEDURES,
EXAMINATION, SUPERVISION AND CONTROL PROCEDURES
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Customs dated June 23,
2014;
At the request of the Minister of Finance,
The Government
hereby promulgates this Decree on providing specific provisions and
guidance on enforcement of the Customs Law on customs procedures, examination,
supervision and control procedures.
Chapter I
GENERAL PROVISIONS
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This Decree provides several specific provisions
and guidance on enforcement of the Customs Law on customs procedures,
examination, supervision and control procedures, which shall be applied to
exports, imports and in-transit goods, and incoming, outgoing and in-transit
transports, and relevant information about customs-related state management
activities.
Article 2. Applicable entities
1. Organizations or individuals who get involved in
exportation, importation and transit of goods, and exit, entry and transit of
transports.
2. Organizations or individuals who have rights and
obligations relating to exportation, importation and transit of goods; exit,
entry and transit of transports.
3. Customs authorities and officials.
4. Other governmental agencies that collaborate in
the customs-related state management.
Article 3. Interpretation of
terms
In this Decree, terms shall be construed as
follows:
1. “Electronic customs procedures” refers to
customs procedures under which the information used for the customs declaration
shall be provided, received and processed, and the exchange of other
information between parties involved shall be carried out through the
electronic data processing system, as stipulated by the applicable law on
customs procedures.
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3. “Electronic customs declaration system” refers
to the system that enables customs declarants to follow electronic customs
procedures for their customs declaration, receipt of information and responses
from customs authorities.
4. “Customs value consultation” refers to the
cooperation between customs authorities and customs declarants in discussing
and exchanging declared information about the customs valuation.
5. “Exports or imports subject to the specialized
examination" refers to exported and imported goods subject to the quality,
health care, culture, animal and plant quarantine and food safety examinations
in accordance with laws.
Article 4. Venue for completing
customs formalities
1. Venue for completing customs formalities shall
conform to the regulations enshrined in Article 22 of the Customs Law.
2. After considering the report on exports and
imports in each period of time, the Prime Minister shall make a decision on the
list of imported goods required to follow customs procedures at the port of
entry.
3. After considering the announcement about the
zoning for seaports, international airports, land border checkpoints,
international intermodal rail terminals, public postal networks providing
international mail services, the Minister of Finance shall decide the
organization structure to deal with customs formalities.
After considering the announcement about the zoning
for inland ports through which exportation, importation, exit, entry and
transit activities are carried out; inland ports of entry, exit; international
airports, import and export turnovers, and an amount of work that has to be
dealt with at places where exportation, importation, exit, entry and transit
activities take place, the Minister of Finance shall stipulate requirements,
procedures for establishment and closure of venue for customs procedures and
off-airport freight terminals.
Article 5. Customs declarant
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1. The consignor of an export or import cargo. If a
consignor of a good is a foreign merchant who is not currently staying in
Vietnam, the customs procedure shall be carried out with the help of customs
brokerage agents.
2. The owner or operator of an outgoing, incoming
and in-transit transport, or the person authorized by the owner of an outgoing,
incoming and in-transit transport.
3. The person authorized by the consignor, in case
of such cargo imported or exported as a personal gift; baggage of an inbound or
outbound person shipped before or after the trip.
4. The person in charge of rendering the in-transit
cargo services.
5. Customs brokerage agent.
6. International postal, express mail service
providers, unless otherwise required by the cargo owner.
Article 6. Entities required to
follow customs procedures, and subjected to customs examination and supervision
1. Entities required to complete customs
formalities:
a) Export, import and in-transit cargos; items on
outgoing, incoming or in-transit transports; foreign cash, Vietnam-dong cash,
negotiable instruments, gold, precious metal, jewels, cultural products,
relics, antiques, precious things, post, packages and parcels, used as imports
or exports; baggage carried by inbound or outbound persons; other exported,
imported and in-transit articles within the territory of customs authorities;
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2. Entities subject to the customs examination:
a) Those stipulated in Clause 1 of this Article;
b) Customs dossiers and relevant documents relating
to entities stipulated in Clause 1 of this Article.
3. Entities subject to the customs supervision:
a) Those stipulated in Clause 1 of this Article;
b) Cargos and transports that operate within the
territory of customs areas; machinery, equipment and raw material goods
imported for export processing and manufacturing sector, which are warehoused
at the production workshop of an organization or individual;
c) Cargos classified as entities subject to the
specialized examination which receive the permit for customs pre-clearance
storage;
d) Cargos subject to the customs supervision.
Article 7. Implementation of
national single-window system
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2. Regulatory agencies shall receive and handle
information provided by customs declarants; respond with the handling result to
customs declarants; exchange the declared information under administrative
procedures and the result of such information with other regulatory agencies
through the national single-window portal.
3. Customs declarants shall receive the handling
result from regulatory agencies through the national single-window portal.
4. Customs authorities shall take a look at the
handling result from regulatory agencies to make a final decision about export,
import clearance, customs transit, and respond with their handling result to
customs declarants through national single-window portal.
Article 8. Responsibility of
Ministries and agencies for implementing the national single-window portal
1. The Ministry of Finance shall preside over and
cooperate with relevant Ministries and agencies in:
a) Establishing and developing the national
single-window portal;
b) Introducing the regulations on management and
operation of the national single-window portal;
c) Agreeing on technical requirements for connection
to the national single-window portal and specialized processing systems on the
basis of national technical standards;
d) Compiling the list of data shared between
Ministries and agencies through the national single-window portal;
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e) Creating and implementing the financial system
which can ensure the management, operation, maintenance and development of the
national single-window portal, ASEAN single-window system and exchange of
information about exports, imports, in-transit cargos, outgoing, incoming and
in-transit transports on the basis of the international agreements to which the
Socialist Republic of Vietnam is a signatory.
2. Ministries and agencies shall take on their
responsibility to issue administrative procedures for implementation of the
national single-window system; establish national administrative and commercial
database intended for electronic documentation to be exchanged in conformity
with the single-window system.
3. The General Department of Customs shall be
responsible for:
a) Managing and operating the national
single-window portal;
b) Engaging in negotiation and implementation of
terms and conditions set out in the International Agreements about the
information exchange through the single-window portal of a member state with
the others on the basis of these international agreements to which the
Socialist Republic of Vietnam is a signatory.
Chapter II
PRIORITY GIVEN TO
ENTERPRISES
Article 9. Priority
1. This priority shall conform to regulations laid
down in Article 43 of the Customs Law.
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3. With respect to cargos subject to specialized
examinations, the above-mentioned enterprises shall be entitled to keep them
stored in such enterprises' warehouses while waiting for the result of
specialized inspection, unless the law on specialized inspection allows such
cargos to be examined at the border checkpoint. In case cargos are required to
undergo specialized examinations at the border checkpoint, such examinations
shall be prioritized.
Article 10. Requirements for
eligibility to be given priority
1. Compliance with the law on customs and taxation
Within a period of 02 consecutive years from the
date on which enterprises file their applications for recognition of
enterprises’ eligibility for priority, these enterprises have not committed any
of the following violations against the law on taxation and customs to an
extent that punitive measures shall be applied:
a) Tax evasion; tax fraud; goods smuggling and
illicit trafficking across the border;
b) Administrative violations which are committed in
the form and on which penalty rates are imposed ultra vires the Head of Customs
Sub-departments and others who hold the equivalent title.
2. Compliance with the law on accounting and
auditing:
a) Conformity with accounting principles under
regulations set out by the Ministry of Finance;
b) Annual financial statements that must be audited
by auditing companies that meet requirements for rendering auditing services
under legal regulations on independent audit. An audit opinion about a
financial statement as expressed in an audit report must be an unqualified
opinion in accordance with Vietnam’s Audit Standards.
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Enterprises must devise and maintain the system and
process for managing, monitoring and controlling actual operations in all of
their export and import supply chains.
4. Export and import turnover:
a) Export and import enterprises must record the
turnover of USD 100 million per annum;
b) Enterprises that export made-in-Vietnam products
must record the turnover of USD 40 million per annum;
c) Enterprises that export agricultural, aquatic
products manufactured or cultivated in Vietnam must record the turnover of USD
30 million per annum;
d) In respect of enterprises that render customs
brokerage services, the number of customs declaration forms to be filled out
under customs procedures in a year must equal 20,000 sheets per annum.
The export and import turnover stipulated at Point
a, b, c and d of this Clause must be the average turnover recorded over 02
consecutive years till the date on which enterprises file their applications,
exclusive of the turnover recorded from entrusted export and import.
5. Requirements relating to export and import
turnover as stipulated in Clause 4 of this Article shall not be applied to
enterprises licensed to be high-technology enterprises by the Ministry of
Science and Technology in accordance with regulations laid down in the Law on
High Technology.
6. The Ministry of Finance shall consider giving
priority to enterprises under regulations enshrined in Article 9 hereof on
imports in order to execute key investment projects under the Prime Minister’s
directions before granting the investment licence to projects that enter the
preliminary construction stage.
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1. Application for priority that an enterprise must
file shall include the following documentation:
a) The application form issued by the Ministry of
Finance: 01 original;
b) The comprehensive and statistical report on
export and import operations of such enterprise that has been compiled over 02
latest years by completing the form issued by the Ministry of Finance: 01
original;
c) The report on compliance with the Law on
Customs, Taxation and Accounting that has been compiled over 02 latest years by
completing the form issued by the Ministry of Finance: 01 original;
d) The financial statement that has been audited
over 02 latest years: 01 copy;
dd) The audit report that has been compiled over 02
latest years: 01 copy;
e) The inspection conclusion towards that
enterprise’s operations in over 02 latest years: 01 copy;
g) The full description of internal control system
including the process for managing, monitoring and controlling actual
operations in all of that enterprise’s export and import supply chains: 01
copy;
h) Awards, certificates of merit, certificates of
quality (if any): 01 copy.
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a) Within a period of 30 days from the date on
which sufficient documentation has been filed in accordance with regulations
laid down in Clause 1 of this Article, the General Department of Customs shall
carry out the verification and come to conclusion concerning the recognition of
that enterprise’s eligibility for priority.
In complicated situations when consultation with
relevant Ministries and agencies is required, the deadline for such
verification is likely to be extended for below 30 days;
b) Upon verifying that such enterprise is eligible
for priority, the Director of the General Department of Customs shall make a
decision on such enterprise's recognized priority.
This decision shall remain valid for a period of 03
years from the decision-making date and automatically be extended for another
03 successive years provided that the enterprise sustains their conformity to
regulatory requirements.
3. Temporary suspension of priority given to an
enterprise: If such enterprise is notified by customs authorities that they
have yet to fulfill their responsibilities in accordance with Article 45 of the
Customs Law, temporary suspension of priority decided by these customs
authorities shall become effective for a period of 60 days.
4. Cessation of priority given to an enterprise
An enterprise shall be subject to cessation of
priority if:
a) That enterprise has not sustained their
conformity to regulatory requirements for eligibility to be given priority as
stipulated in Article 10 hereof;
b) That enterprise continues failing to comply with
regulations laid down in Article 45 of the Customs Law after the temporary
suspension ends;
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If an enterprise is subjected to cessation of
priority, the General Department of Customs shall not consider or give
recognized priority to this enterprise.
Article 12. Management of a
priority-given enterprise
1. Responsibilities of customs authorities for
carrying out activities relating to priority given to an enterprise:
a) Tracking, collecting, analyzing data or
information on that enterprise's operations in order to provide guidance on
improving such enterprise's capability of complying with laws, early identify
any shortcoming for the purpose of promptly having it remedied and sustaining
conformity to requirements for such enterprise’s eligibility to be given
priority;
b) Cooperating with that enterprise in immediately
handling any difficult that may arise;
c) Collaborating with harbour warehousing agencies
in prioritizing procedures for shipping and taking delivery of cargos as well
as customs examination and supervision that a priority-given enterprise must
follow.
2. Responsibilities of a priority-given enterprise:
a) Strictly observing the law on customs, taxation,
accounting and audit;
b) Strictly following the reporting regime in
accordance with regulations laid down in Clause 1, 3 Article 45 of the Customs
Law;
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d) Checking, self-inspecting, identifying and
correcting any fault, and submitting a report on fault identification and
correction to customs authorities.
Chapter III
CUSTOMS PROCEDURES,
CUSTOMS SUPERVISION AND INSPECTION PROCEDURES FOR EXPORTS AND IMPORTS
Section 1: APPLICATION OF RISK
MANAGEMENT TO CUSTOMS PROCEDURES, INSPECTION AND SUPERVISION
Article 13. APPLICATION OF
RISK MANAGEMENT TO CUSTOMS-RELATED PROFESSIONAL ACTIVITIES
1. Customs authorities shall carry out their
customs supervision and inspection, post-clearance audit, inspection and other
professional approaches on the basis of aggregating and dealing with the
results of evaluating customs declarant’s compliance with laws and classifying
risk levels.
2. The Director of the General Department of
Customs shall use the result of aggregating and dealing with the results of
evaluating customs declarant’s compliance with laws and classifying risk
levels, mentioned in Clause 1 of this Article in accordance with criteria
promulgated by the Ministry of Finance, as the basis for taking a decision or
delegating authority to take a decision on customs examination, supervision,
post-clearance audit, inspection and other customs-related professional
approaches in conformity with human resource and actual requirements concerning
customs management.
Article 14. Evaluation of
customs declarant’s compliance with laws
1. Evaluating the degree of customs declarant's
compliance with laws shall be based on criteria and information about:
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b) Nature and severity of violation against the law
on customs and taxation;
c) Cooperation with customs authorities in carrying
out customs procedures, examination and supervision as well as compliance with
other decisions made by customs authorities.
2. Customs authorities shall evaluate the specific
degrees of customs declarant’s compliance with laws in order to apply proper
customs management measures.
Article 15. Classification of
risk levels
1. Classifying levels of risk incurred from export,
import, exit, entry or transit shall be carried out on the basis of the degree
of customs declarant’s compliance with laws.
2. In the process of risk level classification,
customs authorities shall consider related factors such as:
a) Managerial and tax policies applied to exports,
imports, in-transit goods, outgoing, incoming and in-transit transports, baggage
that inbound, outbound and in-transit persons carry;
b) Nature and attributes of cargos, baggage and
transports;
c) Frequency, nature and severity of violation
pertaining to cargos, baggage and transports;
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dd) Route and mode of transportation of cargos and
baggage;
e) Other factors relating to export, import, entry,
exit or transit activities.
3. Customs authorities shall evaluate and classify
risks imposed on customs declarants, export, import, exit, entry or transit
according to different levels in order to apply proper measures for customs
examination, supervision and inspection.
Section 2: TAXONOMY OF EXPORTS
AND IMPORTS
Article 16. Taxonomy of goods
1. Taxonomy of goods shall be used for identifying
the harmonized system of goods in accordance with the List of Vietnam’s exports
and imports.
2. Taxonomy of goods shall be based on customs
records, technical documentation and information about physical, chemical
composition, properties, features, functions or utility of exported or imported
goods.
3. Taxonomy of goods shall be used for identifying
harmonized system codes of goods, which serves as the basis for calculating
taxes and carrying out policies on management of goods.
4. The Minister of Finance shall set out detailed
regulations on taxonomy of goods.
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1. The list of Vietnam’s exports and imports shall
include code, name, description, measurement unit and other remarks, and shall be
compiled on the basis of fully adhering to the International Convention on
Harmonized Commodity Description and Coding System in accordance with
regulations laid down in Clause 1 Article 26 of the Customs Law.
2. The Minister of Finance shall introduce the List
of Vietnam's exports and imports across the nation.
3. The List of Vietnam’s exports and imports shall
be used for:
a) Introducing export and import tariffs;
b) Compiling Lists of goods to serve the purpose of
state management in accordance with Government regulations;
c) Preparing the statistical report of the State on
exports and imports;
d) Serving the purpose of state management of
product exportation, importation and other sectors.
Article 18. Database of the
List of Vietnam’s exports and imports
1. The database of the List of Vietnam’s exports
and imports is the collection of information about the taxonomy of exports and
imports, which includes:
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b) Guiding documents
on classification of products, issued by the Ministry of Finance.
2. The Minister of Finance shall adopt detailed
regulations on setting up and using the database of the List of Vietnam’s
exports and imports.
Article 19. Responsibility of
Ministries and agencies for carrying out the classification of exports and
imports
1. The Ministry of Finance shall be responsible for
issuing the List of Vietnam’s exports and imports, codes of exports and
imports.
2. Ministries and ministerial-level agencies must
comply with regulations laid down in Article 26 of the Customs Law and others
enshrined in this Decree when they promulgate regulations or consider dealing
with issues relating to the classification of exports and imports within their
assigned duties and delegated authority.
3. Ministries and ministerial-level agencies in
charge of particular sectors, as prescribed by laws, shall prepare the List of
products subject to a ban on exportation, temporary cessation of exportation;
the List of products subject to a ban on importation and temporary cessation of
importation; the List of products to be exported and imported under the permit;
the List of products that fall under entities subject to specialized
examinations for submission to the Ministry of Finance. Not later than 10
working days, the Ministry of Finance shall identify commodity codes which
conform to the List of exports and imports applied in Vietnam in order for Ministries
and ministerial-level agencies to make it known to the public.
a) With regard to the List of products subject to a
ban on exportation, temporary cessation of exportation; the List of products
subject to a ban on importation and temporary cessation of importation; the
List of products to be exported and imported under the permit granted by
competent authorities; the List of products that fall under entities subject to
specialized examinations, which are issued before the effective date of this
Decree but comprises improper commodity codes, within a period of 06 months
from the effective date of this Decree, Ministries and ministerial-level
agencies in charge of particular sectors shall bear responsibility to agree
with the Ministry of Finance on proper codes of these products that conform to
the List of Vietnam’s exports and imports.
4. The Ministry of Finance shall be responsible for
presiding over, collaborating with relevant Ministries, agencies and
organizations in making a decision on classification of goods in case there
exists any discrepancy in applying the List of Vietnam's exports and imports,
or any discrepancy between Lists of goods which are introduced by Ministries
and ministerial-level agencies before the effective date of this Decree and the
List of Vietnam's exports and imports.
Section 3: CUSTOMS VALUE
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1. In the context of exported commodities, the
customs value is the selling price of such commodities, exclusive of
international insurance and transportation costs. The selling price calculated
at the customs exit gates is the price agreed in the sales contract or others
that have the similar legal value to such contract, commercial invoices and
relevant records that help to prove that such shipments are identical to actual
exported commodities.
2. In the context of imported commodities, the
customs value is the actual buying price calculated at the first port of
arrival on the basis of applying the General Agreement on Tariffs and Trade or
in accordance with the international commitment to which the Socialist Republic
of Vietnam is a signatory. The first port of arrival shall be identified as
follows:
a) As for sea and air transportation mode, the
first port of arrival is the unloading port specified on the bill of lading;
b) As for rail transportation mode, the first port
of arrival is the international intermodal rail terminal located at borders;
c) As for road, inland waterway transportation
mode, the first port of arrival is the border gate where commodities are
imported into the territory of Vietnam.
3. The Minister of Finance shall stipulate Clause
1, 2 of this Article, and principles and methods of customs valuation that can
be applicable in other cases.
Article 21. Customs
examination and valuation
1. Customs examination and valuation shall be based
on customs records, relevant documents and current commodity status.
2. Handling of the result of customs examination
and valuation in the process of following customs procedures:
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b) In case the customs authority has doubt about
declared customs value but have not had sufficient grounds for rejection, and
the customs declarant request the customs value consultation, the customs
authority must customs clear goods on the basis of duties that have been
already paid or self-assessed taxes that have been secured by credit
institutions, tax computation of the customs declarant, and proceed to hold
customs value consultation. The time limit for such consultation is within 05
working days;
b) In case the customs authority has doubt about
declared customs value but have not had sufficient grounds for rejection, and
the customs declarant does not request the customs value consultation, the
customs authority must customs clear goods on the basis of duties that have
been already paid or self-assessed taxes that have been secured by credit
institutions, tax computation of the customs declarant, and proceed to carry
out customs post-clearance inspection in accordance with regulations laid down
in this Decree.
3. The exchange rate between Vietnamese dong and a
foreign currency, used for customs valuation, is the rate of such a foreign
currency to be bought in the form of money transfer that takes place at the
head office of Joint stock Commercial Bank for Foreign Trade of Vietnam, which
is identified at the end of the fifth working day of the preceding week, or the
exchange rate identified at the end of the working day immediately preceding
that fifth day in case such fifth day is a holiday or day-off. The rate of this
kind shall be used for determining the rate of customs duty for customs
declarations submitted within a week.
As for foreign currencies of which the exchange
rate is not published by Joint stock Commercial Bank for Foreign Trade of
Vietnam, the exchange rate of these foreign currencies shall be determined in
the form of cross rate between Vietnamese dong and several foreign currencies
that the State Bank of Vietnam has published. As for foreign currencies of
which the cross rate is not published, the exchange rate of such foreign
currencies shall be determined according to the principle of calculating the cross
rate between USD - VND and USD – such foreign currencies exchange rates
published by the State Bank of Vietnam. The exchange rate published by the
State Bank of Vietnam is the exchange rate updated in the latest post on the
official website of the State Bank of Vietnam.
Article 22. Database of
customs value
1. The database of customs value is a kind of
information about customs valuation of exported and imported commodities that
customs authorities collect, aggregate and classify in accordance with regulations
set forth by the Ministry of Finance. This database shall be set up by the
General Department of Customs in the manner of consistency and regular update.
2. The database of customs value shall serve as the
basis for assessing risks from export and import values.
Section 4: PRE-DETERMINATION OF
CODE, ORIGIN AND CUSTOMS VALUE OF EXPORTS AND IMPORTS
Article 23. Pre-determination
of code, origin and customs value
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2. The pre-determination of customs value shall
include the pre-determination of methods and prices.
Article 24. Procedures for
pre-determination of code, origin and customs value
1. Requirements for pre-determination of code,
origin and customs value
a) Organizations, individuals shall request customs
authorities to pre-determine code, origin and customs value of proposed exports
and imports, and provide necessary information, documents and records
concerning the pre-determination of code, origin and customs value;
b) Exports and imports of which customs values need
to be pre-determined are commodities that are exported and imported for the
first time, or affected by any substantial or unexpected change compared with
the customs value currently applied to customs declarant‘s commodities, or
cargos which are shipped as break bulk cargos or deemed unpopular or have no
comparable or similar ones launched in the market.
2. Responsibility of organizations, individuals for
requesting the pre-determination of code, origin and customs value:
a) File sufficient documents required to apply for
the pre-determination of code, origin and customs value to the General
Department of Customs;
b) Enter into a dialogue with the customs authority
in order to clarify information provided in the application for the
pre-determination of code, origin and customs value at the request of that
customs authority;
c) Send a written notification to the General
Department of Customs within a period of 10 working days as from the date when
any change to commodities of which the application for the pre-determination of
code, origin and customs value has been filed, in which the modified content,
reasons for such change and change-making date must be clearly stated.
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a) Within 05 working days of receipt of the
application, the customs authority shall respond with the written refusal of
the pre-determination of code, origin and customs value to organizations,
individuals in the event that applicants fail to meet regulatory requirements and
submit sufficient documents required to apply for the pre-determination of
code, origin and customs value;
b) The Director of the General Department of
Customs shall issue the written announcement about the result of
predetermination of code, origin and customs value within 30 days of receipt of
sufficient documents (with regard to normal applications) or 60 days of receipt
of sufficient documents (with regard to complicated applications that need to
be carefully authenticated). The written announcement about the result of
pre-determination of code, origin and customs value must be sent to
organizations, individuals, and concurrently used for keeping the database
managed by customs authorities up to date, and released on the official website
of the General Department of Customs.
4. The written announcement about the result of
pre-determination of code, origin and customs value shall serve as the basis
for customs declaration according to the customs procedures.
In case organizations, individuals disagree over
the statement on pre-determination of code, origin and customs value of their
commodities required to undergo customs clearance, released by the Director of
the General Department of Customs, their self-assessed taxes must be paid or
guarantee must be carried out in accordance with legal regulations in order to
serve the purpose of completing the customs clearance of commodities. Customs
authorities shall carry out their customs post-clearance examination at their
offices.
5. In case of disagreeing over the content of
pre-determination of code, origin and customs values, organizations,
individuals must send a written request to the General Department of Customs
for the purpose of calling for their consideration. Within 10 working days
(with regard to normal commodities) or 30 days (with regard to complicated
commodities required to be clearly authenticated) from the date on which
customs declarant's requests have been obtained, the General Department of
Customs shall respond with the result to such customs declarants.
6. The validity of the written announcement about
the result of pre-determination of code, origin and customs value:
a) The validity of the written announcement about
the result of pre-determination of code, origin and customs value shall be
restricted to less than 03 years from the date on which the Director of the
General Department of Customs brings it into effect. In particular, the written
announcement about the result of pre-determination of price levels shall become
effective directly towards shipments of which price level is pre-determined;
b) The written announcement about the result of
pre-determination of code, origin and customs value shall become invalid if
actual commodities or records on exports and imports are differentiated
respectively from sample commodities or applications for pre-determination of
code, origin and customs value;
c) The Director of the General Department of
Customs shall issue written notice to cancel the result of predetermination of
code, origin and customs value if documents submitted to apply for
pre-determination of code, origin and customs value by organizations,
individuals consist of false and inaccurate information;
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7. The Minister of Finance shall stipulate
applications that must be filed to apply for pre-determination of code, origin
and customs valuation.
Section 5: CUSTOMS PROCEDURES
FOR EXPORTS AND IMPORTS
Article 25. Customs
declaration
1. Customs declaration shall be carried out in the
electronic. Customs declarants shall register their customs declaration through
the electronic customs procedures under the regulations set out by the Minister
of Finance.
2. Paper customs declaration is permitted if:
a) Cargos required to complete the customs
declaration before being exported or imported are those of border residents;
b) Exported and imported cargos are in excess of
limits on tax exemption applied to incoming and outgoing persons;
c) Cargos are used for the purpose of emergency
assistance and humanitarian aid;
d) Cargos are used as personal gifts, presents and
property;
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e) Goods to be temporarily imported and
re-exported, or temporarily exported and re-imported which are carried along by
incoming and outgoing persons are used for work in the pre-determined time;
g) Customs electronic data processing system or
electronic customs declaration system fails to carry out mutual electronic
transactions which may be caused by the operational failure of single or both
system(s) or may result from any other reason.
In case customs electronic data processing system
fails to carry out electronic customs procedures, customs authorities shall be
responsible for making an announcement on the customs website at least 01 hour
from the time when such failure takes place;
h) Other commodities stipulated by the Minister of
Finance.
3. Customs declarants must provide sufficient,
accurate and clear information required in the customs declaration, decide
their self-assessed taxes and other payments to the State budget as well as
take their full responsibility before the laws for their declared information.
4. When carrying out customs declaration, customs
declarants shall be required to:
a) Input their information declared on the
electronic customs declaration system;
b) Send their customs declaration to customs
authorities through customs electronic data processing system;
c) Receive feedbacks and follow instructions from
customs authorities.
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5. If exports or imports are classified as
regulated entities required to pay export, import taxes, excise duties,
value-added taxes, environmental taxes, or of which export or import taxes are
exempted or such tax exemption is under consideration, or of which the tax rate
is imposed according to the tariff quota, and cargos are customs released or
cleared but then subject to changes in entities that are not required to pay
taxes or in purposes for which exports or imports are exempted from paying
taxes or under consideration for their tax exemption; exports or imports are
taxed at the rate that conforms to the tariff quota; imports are raw materials
used for processing or manufacturing exports or temporarily imported – re-exported
products that have been released or cleared under customs procedures but then
their use purpose has changed for domestic consumption, new customs
declarations must be submitted instead. Policies on management of exports and
imports and policies on taxes levied on exports and imports shall be
implemented in the time when new customs declarations are registered, except
when all of policies on management of exports and imports have been fully
implemented at the time when the initial customs declaration is registered.
6. Commodities to be exported or imported in
different manners must be declared in different export or import declarations
that such commodities are required to carry out.
7. Customs declaration that commodities agreed in
various commercial contracts or orders are required to complete
a) Imports which are agreed in various commercial
contracts or orders, or described in one or many invoices issued by one seller
under the same terms of commodity delivery, payment, one-time shipment, and
those with one bill of lading shall be declared in the same customs
declaration;
b) Imports which are agreed in various commercial
contracts or orders under the same terms of commodity delivery, payment, or
sold to the same client and those under the agreement on one-time shipment
shall be declared in one or many customs declaration(s).
8. Registration of
one-time customs declaration
Customs declarants who frequently export or import
a single commodity at a specified time as agreed upon in the same sale contract
under which contracting parties are the same seller or buyer, and whose
commodities are exported or imported across the same border checkpoint shall be
entitled to register their one-time customs declaration for a period of below
01 year.
One-time customs declaration shall become invalid
for further customs procedures when any change to policies on taxation or
management of exports or imports occurs.
9. Utilization of electronic customs declaration
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Customs authorities shall be responsible for
providing information required in the customs declaration in the form of
electronic data for relevant regulatory agencies. These agencies shall be
responsible for installing necessary equipment for customs declarants to get
access to the data provided in the electronic customs declaration.
10. The Ministry of Finance shall set out detailed
regulations on addition or cancellation of customs declaration, register
one-time customs declaration or complete a new customs declaration for commodities
of which the use purpose is changed or consumption market is changed to
domestic one.
Article 26. Receipt,
examination, registration and handling of customs declarations
1. The customs electronic data processing system
shall receive, examine, register and handle customs declarations within 24
hours a day and 7 days a week.
2. In case registration of customs declarations is
rejected, customs authorities shall send a notification to customs declarants
through the customs electronic data processing system in which reasons for such
rejection must be clearly stated.
3. In case registration of customs declarations is
accepted, the customs electronic data processing system shall number and handle
customs declarations, and then make a response to customs declarants.
4. The Director of the General Department of
Customs shall adhere to criteria for classifying risk levels set out by the
Minister of Finance in order to make a decision on customs examination and make
announcement through the customs electronic data processing system according to
one of the following forms:
a) Approve the information declared on the customs
declaration system and permit customs clearance;
b) Examine related documents included in the
customs documentation of customs declarations, or any other document stored on
the single-window portal in order to decide customs clearance or conduct
physical verification of commodities before permitting customs clearance.
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Registration of customs declarations is carried out
immediately after customs declarants their complete customs declaration and
submit all of the required documents, and customs authorities managed to
examine their eligibility for registration of customs declarations, including:
a) Examination of accuracy and legality of stated
information and documents included in the customs documentation;
b) Examination of compliance with the
administration regime and policy, and tax policy aimed at exports or imports;
c) Examination of application of measures to impose
the temporary suspension of customs clearance. The Director of Customs
Sub-departments where customs declarations are received and handled shall refer
to customs documentation and physical verification in order to make a decision
to deal with customs formalities.
In case customs declarants are eligible for
registration of customs declarations, customs authorities shall grant
registration numbers and decide issues relating to regulated customs
examination.
In case customs declarants are not eligible for
registration of customs declarations, customs authorities shall immediately
send a written notification of such ineligibility to customs declarants.
6. Goods to be exported or imported within the
effective time of customs declarations, as stipulated in Clause 2 Article 25 of
the Customs Law, shall be governed by policies on management of exports or
imports, and policies on taxes levied on exports or imports that come into
effect at the time when customs declarations are registered.
7. Uncompleted customs declarations required for
exports or imports used for emergency cases, dedicated commodities intended for
national defense and security tasks in accordance with regulations laid down in
Article 50 of the Customs Law, and uncompleted customs declarations required
for commodities exported or imported by priority-given enterprises in
accordance with regulations laid down in Article 43 of the Customs Law shall
consist of such information as name and address of the exporter or importer;
preliminary information about commodity description, quantity and value; port
of entry; transportation schedule.
Commodities on which duties are imposed shall be
subject to the tax policy that takes effect at the registration time and shall
be required to enclose uncompleted customs declarations for submission.
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1. Examination of customs documentation shall be
conducted as stipulated in Article 32 of the Customs Law. Time limit for completing
the examination of customs documentation shall conform to regulations enshrined
at Point a Clause 2 Article 23 of the Customs Law.
2. In the course of scrutiny conducted by customs
officers, if the information provided in customs declarations and the one
provided in relevant documents as part of the customs documentation are
inaccurate, insufficient and incompatible, or if there are signs of
infringement upon policies on management of commodities, policies on taxes
levied on exports or imports as well as other relevant laws, the Director of
the Customs Sub-department where customs declarations are received or
registered shall consider and make a decision on physical verification of
commodities.
3. In case examination of customs documentation is
conducted by customs officers, the Director of the Customs Sub-department shall
take into consideration the request made by customs declarants, and make a
decision on extending the deadline for submission of several original documents
along with customs declarations within a period of under 30 days as from the
date on which customs declarations are registered.
Article
28. Customs examination to be conducted in the course of handling commodities
at seaports and airports
1. Based on the result of analysis of information
about risk management, the customs declaration on exported or imported cargos
which are provided before commodities arrive at border gates, customs
authorities shall make a decision on physical verification by means of scanning
equipment and other technical devices.
2. Harbour warehousing enterprises shall be
responsible for saving a space to install scanning equipment and other
technical devices in order for customs authorities to perform their examination
tasks at the area where commodities are loaded (or unloaded) onto (or from)
transports.
3. In case customs examination is conducted by
means of scanning equipment or other technical devices, and customs authorities
detect any sign of suspicion as well as customs officers find it is necessary
to carry out this examination, customs authorities shall notify harbour
warehousing enterprises in order to call for their cooperation in arranging a
separate warehousing area.
Article 29. Physical
verification
1. Physical verification activities shall include
checking of commodity name, code, quantity, weight, mass, type, quality, origin
and customs value. ; Checking of actual physical attributes of commodities in
comparison with the information about commodities provided in customs documentation.
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In respect of exports or imports required to
undergo physical verification, the Director of Customs Sub-department where
customs documentation is received and handled shall refer to regulations laid
down in Clause 4 Article 26 hereof, and commodity information in order to
decide forms and levels of physical verification.
Time limit for completing the physical verification
shall conform to regulations enshrined at Point b Clause 2 Article 23 of the
Customs Law.
In case any violation against the customs
legislation is detected, the Director of Customs Sub-department where customs
documentation is received and handled, and the Director of Customs
Sub-department where commodities are preserved or the Head of the Customs
Authority who is in charge of manage concentrated commodity inspection places
shall make a decision on any change to the level or form of physical
verification and bear their responsibility for their decision.
3. Level of physical verification: Physical
verification shall be conducted till the grounds for determining the legality
and conformity of all of the shipment with information about such shipment
provided in the customs documentation have been sufficient.
Customs officers shall conduct physical
verification in accordance with the decision made by the Director of Customs
Sub-department and use commodity information as the basis for such
verification; take full responsibility for the result of physical verification
that they carry out.
4. Forms of the physical verification:
a) Customs officers’ direct checking;
b) Checking to be carried out by means of technical
equipment and other professional approaches;
c) Checking to be carried out with reference to the
result of analysis and assessment of commodities.
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5. In case, upon using equipment and devices
available at Customs Sub-departments or customs examination areas, customs
officers who are charged with the physical verification task fail to verify the
provided information of customs declarants about commodity name, code, type,
quality, quantity, mass and weight, professional and specialized affiliates of
customs authorities shall be advised to carry out classification or assessment
activities with the aim of determining such information.
In case customs authorities are incapable of
verifying the information provided by customs declarants, customs authorities
shall request the assessment carried out by assessment service organizations in
accordance with laws, and then use the result of such assessment as the basis
for customs clearance.
Article 30. Handling of the
result of customs examination
1. If customs declarants agree to customs
authorities’ conclusion as to commodity name, code, origin, weight, type,
quality and customs value, further information must be provided at the request
of customs authorities, and the result of customs examination shall be handled
in accordance with the legislation on taxation, penalties for administrative
violations or other relevant laws.
If customs declarants disagree with customs
authorities about the conclusion as to commodity name, code, origin, weight,
type, quality and customs value, they can file their petitions or shall be
entitled to choose assessment service providers to carry out the commodity
assessment in accordance with laws. In such case, customs authorities shall
refer to the conclusion drawn by such assessment service providers to make a
decision on customs clearance.
2. In case customs authorities disagree about the
result of such assessment submitted by customs declarants, customs authorities
shall have the right to choose other assessment service providers and refer to
the result of this assessment to make a decision on customs clearance. If
customs declarants disagree about the result of customs examination announced
by customs authorities, a petition must be filed or a lawsuit must be filed in
accordance with legal regulations.
Article 31. Collection and
payment of fees incurred from customs procedures
1. Customs declarants shall be liable for fees
incurred from customs procedures in accordance with regulations laid down in
the legislation on fees and charges.
2. The Minister of Finance shall introduce detailed
regulations on the process and form of collection and payment of customs fees.
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1. The customs release shall conform to regulations
laid down in Article 36 of the Customs Law. The customs release of commodities
shall be carried out in the following cases:
a) Analysis, classification or assessment must be
conducted with the intention of identifying commodity code, quantity, weight
and mass of exports or imports, and customs declarants who have already paid
their taxes or credit institutions that provide their guarantee for
self-assessed taxes imposed on customs declarants;
b) Exports or imports have not had official price
at the time when customs declarations are registered, and customs declarants
pay taxes or their taxes have been guaranteed by credit institutions on the
basis of the price temporarily calculated by customs declarants;
c) Exports or imports are stipulated at Point b
Clause 2 Article 21 hereof;
d) If customs declarants do not have sufficient
information and documents required to support customs valuation of exported
goods and imported goods, customs release of their commodities shall be
permitted provided that there is any credit institution providing guarantee for
their taxes on the basis of customs value determined by customs authorities.
2. The customs clearance shall conform to
regulations laid down in Article 37 of the Customs Law. In respect of exports
or imports that have been customs cleared but have not been moved away from the
custom area, if customs authorities detect any sign of violation, the Director
of the Customs Sub-department shall make a decision to check customs
documentation, physical verification or impose proper penalties for such
violation in accordance with laws as well as shall have to pay any cost
incurred when detecting none of violations.
Article 33. Responsibility of
competent regulatory agencies and cooperative relationship between these
agencies in the examination of commodities or transports at border gates
1. Exports or imports, in-transit commodities,
incoming, outgoing or in-transit transports that are classified as entities
subject to quarantine inspection, must undergo such inspection at the border
checkpoint before completing other customs formalities, unless otherwise
permitted by the legislation on quarantine to ship back to areas intended for
quarantine inspection across the nation. In respect of exports or imports,
in-transit commodities, incoming, outgoing or in-transit transports that are
classified as entities subject to quality examination or food safety control
process, customs authorities shall adhere to requirements or criteria
promulgated by regulatory agencies in order to carry out examination as
designated by Ministries and ministerial-level agencies charged with
specialized management, or take the conclusion drawn by specialized management
agencies into account to make a decision on customs clearance.
Regulatory agencies shall be responsible for
collaborating in examining exports, imports, in-transit commodities, outgoing,
incoming or in-transit transports concurrently at border checkpoints or
commodity inspection places, except when commodities are required to ship back
to specialized examination areas to meet technical or professional
requirements.
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2. With regard to exports or imports required to
undergo the specialized examination before customs clearance, within a maximum
period of 10 days as from the date on which examination registration is granted
or the sampling of such commodities for the purpose of this specialized
examination, unless otherwise stipulated by the legislation on specialized examination,
competent specialized examination authorities must send the examination result
to customs authorities in accordance with regulations laid down in Article 35
of the Customs Law or to the national single-window portal, in case such
specialized examination authorities connect their information technology system
with the national single-window portal, in order for customs authorities to
make a decision on customs clearance. If the specialized examination authority
has not given the result of specialized examination after expiration of allowed
duration, a written explanation for such delay must be provided and the
appointment date on which the result of such examination is given must be
determined as well.
3. Exports or imports required to undergo the specialized
examination must be retained at border gates, ports of entry or exit located
across the nation, bonded warehouses or concentrated commodity inspection
areas, and must be kept under the supervision of customs authorities until
customs clearance is permitted. In addition to above-mentioned areas,
commodities shall be shipped back to the following areas:
a) Areas used for carrying out quarantine
inspection activities across the nation in accordance with the quarantine law;
b) If, as stipulated by legal regulations,
commodities are permitted to ship back to other areas for the purpose of
specialized examination or customs declarants file their written request for
shipping their commodities back to their storage facilities, customs
authorities shall allow customs declarants to ship their commodities to the
warehouses or storage grounds which have clear address and are isolated from
surrounding areas in order to ensure that commodities shall be kept intact.
With regard to imports that can not be sampled for
the specialized examination purpose and of which specialized examination can
only be conducted at domestic areas or destinations in accordance with legal
regulations on specialized examination, customs authorities shall allow customs
declarants to ship their commodities back to their storage facilities; customs
declarants shall be legally held responsible for the storage of these
commodities whilst waiting for customs clearance.
4. The Ministry of Finance shall be responsible for
collaborating with Ministries, Ministerial-level and relevant agencies or
organizations in developing infrastructural facilities, arranging machinery,
equipment used for examining commodities at border gates, including physical
verification of customs authorities and specialized examination of specialized
regulatory agencies at international border gates across which the flow of
incoming and outgoing commodities is massive. Relevant regulatory agencies or
organizations operating at border gates shall be responsible for arranging
human forces to collaborate in specialized examinations stipulated in Clause 1
and 2 of this Article.
Article 34. Customs
supervision of exports, imports or in-transit goods
1. Customs supervision of exports, imports or
in-transit goods shall conform to regulations laid down in Article 38, 39, 40
and 41 of the Customs Law.
2. In order to implement regulations on customs
supervisions enshrined in the Customs Law, port and warehousing service
enterprises shall assume their responsibility to:
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b) Use information technology system to meet
statutory standards with the objective of managing and monitoring exports or
imports which are under customs supervision to serve the purpose of carrying
out storage or transiting of such commodities out of ports, warehouses or
storage facilities as well as make connection with regulatory agencies at
border gates;
c) Check documentation proving that customs
authorities certify that commodities have been customs cleared, released,
shipped back to storage facilities or examination areas before allowing these
commodities to be loaded onto transports for exportation or imports to be
transited out of ports, warehouses or grounds;
d) Treat information available on the system with
complete confidentiality in accordance with laws;
dd) Observe any decision of competent agencies on
handling of commodities committing any violation against the storage duration,
or customs uncleared commodities in accordance with regulations laid down in
Article 58 of the Customs Law.
3. In order to implement regulations laid down in
Clause 2 and 6 of Article 41 of the Customs Law, customs authorities shall
assume their responsibility to:
a) Examine the
fulfillment of responsibility of port and warehousing enterprises as stipulated
in Article 41 of the Customs Law and Clause 2 of this Article. In case
the port and warehousing enterprise commits any violation against regulations
on customs supervision, proper penalties shall be imposed on them and customs
authorities shall enhance measures to strictly examine and supervise
commodities transited in or out of warehouses or grounds;
b) Share the information provided in customs
declarations about commodities that have been customs cleared, released,
shipped for storage, moved to examination areas in order for port and
warehousing enterprises to implement regulations laid down in Clause 2, 6
Article 41 of the Customs Law with the aim of serving the connection purpose on
the basis of ensuring system safety and security;
c) Assign customs officers to collaborate with port
and warehousing enterprises in examining commodities transited in or out of
port areas whenever the system is faced with failure;
d) Check commodity status and customs seal for the
shipment of exports or imports required to be sealed in accordance with
regulations of the Ministry of Finance;
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4. In the course of carrying out customs
supervision and patrol at customs areas, the Director of a Customs Department
shall be vested with the right to:
a) Make a decision on temporary postponement or
stop of transports currently conveying exports, imports or in-transit goods
when detecting any sign of violations against the customs legislation.
In case of emergency, customs officers on duty
shall have the right to temporarily stop transports and send an immediate
report to the Director of a Customs Sub-department;
b) Make a decision to carry out document checking
and physical verification of exports, imports or in-transit goods, incoming,
outgoing or in-transit transports when detecting any sign of violations against
the customs legislation;
c) Make a decision to pursue transports conveying
exports, imports, in-transit goods that have a sign of violation against the
customs legislation from the inside to outside of customs areas.
5. The Minister of Finance shall provide detailed
regulations on customs supervision.
Article 35. Customs procedures
that must be followed by on-the-spot exports and imports
1. On-the-spot exports and imports shall include:
a) Those produced in Vietnam under contract
manufacturing arrangements and sold to Vietnamese organizations or individuals
by overseas ones;
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c) Those traded under the sale or purchase contract
between Vietnamese enterprises and overseas organizations or individuals that
have no representative in Vietnam, and delivered or received under the
designation arrangement between foreign merchants with other enterprises in
Vietnam.
2. The Minister of Finance shall set forth detailed
regulations on customs procedures that on-the-spot exports and imports must follow.
Article 36. Customs
procedures, customs supervision and inspection processes for exports and
imports used for contract manufacturing; imports used for manufacturing exports
1. Before obtaining customs clearance for the first
shipment of raw materials, machinery or equipment used for contract
manufacturing activities, production of goods for exportation, organizations or
individuals must give information about the manufacturer to customs
authorities.
2. Organizations, individuals who export or import
goods used for contract manufacturing of products or production of exports must
make a financial report on management and use of imported raw materials,
inputs, machinery and equipment, and exports.
3. Facilities serving the purpose of storage of
imported raw materials, inputs, machinery and equipment used for contract
manufacturing activities, production of exports and exported products must be
located in the manufacturing area of an organization or individual; if exports
or imports are stored outside of the manufacturing area, organization or
individual must send a request to customs authorities for consideration and
decision.
4. The Minister of Finance shall stipulate customs
procedures, and financial reporting of exported or imported raw materials,
machinery and equipment used for contract manufacturing purposes, or production
of exports; inspection of manufacturing facilities, current use and inventory
of raw materials, machinery and equipment.
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1. Before obtaining customs clearance for the first
shipment of raw materials, machinery or equipment used for contract
manufacturing purposes, production of commodities for export, they are
responsible to submit the following documentation to the Customs Authorities
where they intend to submit their financial reports for approval:
a) A Certificate of Business Registration or
Certificate of Enterprise Registration or Investment License or Investment
Certificate for foreign-invested enterprises: 01 copy;
b) A written notification of contract manufacturing
facilities, manufacturer of exports, storage facilities where raw materials,
machinery, equipment and exports according to the form issued by the Minister
of Finance: 01 original.
Where there is any
change to contents given in such written notification, customs authorities must
be informed prior to proceed to other customs procedures;
c) A lease on manufacturing facilities, applicable
to customs declarants who rent manufacturing facilities: 01 copy.
Organizations or individuals shall not be required
to submit the documents mentioned at Point a, b, c Clause 1 of this Article
when they are carrying out their customs declaration for importation of raw
materials, machinery or equipment used for manufacturing contract purposes or
production of commodities for export.
2. Retain contracts or appendices given in
agreements on the contract manufacturing, permitted amounts of raw materials or
inputs used for manufacture of specific products by code, product mock-ups,
nesting or marker plans (if applicable) at organizations or individuals, and
show these for custom authorities’ inspection required by laws.
3. Make financial reports on received, dispatched
or in-stock raw materials, machinery, equipment and exported products; be held
legally responsible for the accuracy of the actual norm determined for
production of exports, financial reporting data and status report on use of
imported raw materials, machinery, equipment used for contract manufacturing
purpose or production of commodities for export.
4. Provide sufficient documents, records and
materials relating to exports, imports, manufacturing facilities, machinery and
equipment; give the demonstration of data, figures and manufacturing process in
relation to use and inventory of raw materials, machinery and equipment to
customs authorities to serve the purpose of their inspection required by laws.
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1. Receive the written notification of contract
manufacturing or production facilities of exports, or facilities used for
storage of raw materials, machinery, equipment and exported products sent by
organizations or individuals.
2. Inspect facilities used for contract manufacturing
and production of commodities for export, capability of carrying out contract
manufacturing and production activities, and use and inventory of raw
materials, machinery, equipment and exports when customs inspection is required
in accordance with regulations laid down in Article 39 and 40 hereof.
3. Receive financial reports on current use of raw
materials, machinery, equipment and exports, submitted by organizations or
individuals; handle issues relating to taxes levied on specific forms of
importation of raw materials, machinery and equipment used for production of
exports.
4. Depending on the result of customs information
handling and criteria for risk management, customs authorities shall inspect
financial reports; with regard to organizations or individuals suspected of
trade frauds, customs authorities shall carry out customs post-clearance
examination and handle such frauds as required by laws.
5. Impose taxes or penalties for administrative
violations against the law on customs and taxed in accordance with legal
regulations on taxation and handling of administrative violations.
Article 39. Examination of
contract manufacturing and production facilities and capability
1. Examination shall be applicable to the
followings:
a) Organizations or individuals are considered as
entities that can pose any risk in adhering to terms and conditions agreed in
the contract manufacturing arrangement or are extended 275-day duration of tax
payment for commodities which are raw materials, machinery or equipment used
for production of exports;
b) Whenever customs authorities doubt that
organizations or individuals have none of manufacturing facilities, or a sudden
increase or reduction in importation of raw materials, machinery or equipment
in comparison with manufacturing capability is detected.
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3. Handling of the result of examination of
contract manufacturing and production facilities and capability:
a) In case organizations or individuals do not have
contract manufacturing or production facilities, they are liable to make a full
payment of taxes, late payment fees from the date on which their customs
declarations for import are registered to the date on which taxes are paid, and
shall face penalties for their violations in accordance with legal regulations,
depending on the number of imported raw materials, machinery or equipment that
are not offered tax incentives in accordance with legal regulations;
b) In case there are sufficient grounds for
verifying that organizations or individuals have imported raw materials,
machinery or equipment beyond their manufacturing capabilities or unconformable
to their scope of operation described in the business licence, these
organizations or individuals shall be permitted to present their demonstration
or explanation; in case they refuse to do that, or their demonstration or
explanation is proved to be unacceptable, customs post-clearance examination or
specialized inspection stipulated by laws is required.
Article 40. Checking of use
and inventory of raw materials, machinery and equipment
1. This checking shall be carried out if:
a) Organizations or individuals considered as
entities who may pose the risk of importing machinery, equipment, raw materials
or inputs of which the life cycle is ended have produced no commodity for
export;
b) There are reasonable grounds for demonstrating
that organizations or individuals report a sudden increase or reduction in
importing raw materials, machinery, equipment, or exporting products;
c) There are reasonable grounds for demonstrating
that organizations or individuals have sold their raw materials, machinery,
equipment or products at the domestic market but have not carried out any
customs declaration yet;
d) Declaration of exported products carried out by
organizations or individuals is found in breach of legal regulations or
contrast to the actual condition;
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2. The Director of Customs Sub-department shall
carry out customs post-clearance examination in accordance with the Director of
Customs Department of a province or city.
Such examination shall take place within fewer than
05 working days at manufacturing facilities or main office of organizations or
individuals. In respect of complicated cases, the Director of Customs
Department of a province or city shall give a decision to extend the
examination deadline for more 05 days at maximum.
3. Issues that need to be examined:
a) Customs documentation, statements on receipt -
dispatch - inventory, records on monitoring received or dispatched raw
materials, machinery or equipment;
b) The actual norm determined for manufacturing of
exported products;
c) Suitability of raw materials, machinery or
equipment for exported products;
d) Raw materials, machinery or equipment used in
the production line;
dd) Quantity of in-stock products;
e) Quantity of finished products that have not been
exported yet.
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In case the examination come to the conclusion that
the number of commodities which are still inventoried or stored at warehouses
of organizations or individuals is not identical to the number shown in
documents, records or financial reports, a written explanation must be
submitted.
In case customs authorities disagree about such
explanation and have sufficient grounds for demonstrating that organizations or
individuals have committed acts of violation against the law on customs,
taxation, and then make a decision to impose taxes as well as handle such
violation in accordance with legal regulations.
Article 41. Financial
reporting regime; examination of financial reporting of current use of raw
materials, machinery and equipment
1. Financial reporting principles
Organizations or individuals shall carry out the
financial reporting of current use of raw materials, machinery, equipment in
the form of a receipt—dispatch – inventory report.
2. Handling of a financial report
a) Customs authorities shall inspect a financial
report on the basis of following risk management method;
b) Depending on the result of examination of a
financial report, customs authorities shall deal with issued relating to taxes
levied on imported raw materials, machinery or equipment used for manufacturing
exported products.
3. The Minister of Finance shall provide detailed
guidance on the process or time of making a financial report and inspection of
a financial report on use of imported raw materials, machinery or equipment
used for contract manufacturing purpose or production of commodities for
export.
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Article 42. Customs procedures
for incoming or outgoing shipments through free trade zones must follow
1. Shipments transited from overseas countries to
free trade zones, or shipments transited from free trade zones to overseas
countries are required to complete customs declaration.
2. Shipments transited from free trade zones to
inland areas must follow the customs procedures the same as imported
commodities do.
3. Shipments transited from inland areas to free
trade zones must follow the customs procedures the same as imported commodities
do.
4. Cargos shipped from this free trade zone to
another free trade zone shall follow the customs procedures the same as
shipments under customs supervision do.
5. The Minister of Finance Article shall stipulate
the customs procedures that incoming or outgoing shipments through free trade
zones must follow.
Article 43. Customs
procedures, customs supervision and inspection procedures for in-transit cargos
1. Customs declaration required by customs
procedures that in-transit cargos must be followed shall be carried out at the
customs office located at the first port of call and the last port of
departure.
2. Customs documentation required for in-transit
cargos shall consist of the followings:
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With regard to in-transit cargos that are not moved
via an inland country, customs declarants shall not need to submit
transportation declarations but be required to submit the cargo manifest
according to the form issued by the Ministry of Finance: 01 original.
With regard to cargos moving in transit in
conformity with Agreements on the transit of cargos between Vietnam and
bordering countries, under which attached documents for such in-transit cargos
are stipulated, customs declarants shall not need to submit transportation
declarations on transportation but are required to submit customs documents for
their in-transit moving of cargos: 01 original;
b) Transport document: 01 copy;
c) License required by laws: 01 original.
3. Responsibility of customs declarants:
a) Ship cargos along the route, to the port and
within a time limit stipulated in Clause 1, 2 Article 65 of the Customs Law;
b) Ensure that cargos are protected by customs
seals, or keep cargos intact during transportation in case it is impossible to
customs seal such shipment of cargos moving from port of entry to port of exit.
4. Responsibility of the Customs Sub-department
operating at ports of entry:
a) Receive and handle customs documentation as
stipulated in Clause 2 of this Article;
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c) Assign customs officers to directly supervise
in-transit cargos in terms of those stipulated at Point c Clause 6 of this
Article.
5. Responsibility of the Customs Sub-department
operating at ports of exit:
a) Verify information provided on transportation
declarations available on the data system of customs authorities;
b) Inspect customs documents for in-transit cargos
which are verified by the Customs Sub-department operating at port of entry
with respect to cargos moving in transit under Agreements on the transit of
cargos between Vietnam and bordering countries;
c) Check whether customs seal is unbroken or cargos
are kept intact before carrying out customs clearance.
6. Customs supervision to be carried out for
in-transit cargos:
a) In-transit cargos must be customs sealed. In
case such cargos are impossible to be customs sealed, customs declarants shall
be held responsible for keeping their cargos intact;
b) In-transit cargos that appear in the list of
commodities subject to a ban on trading, export, or a temporary cessation of
export, or a ban on import or a temporary cessation of import; the list of
exports or imports under permits shall be supervised by means of technical
equipment;
c) In-transit cargos which are weapons, bullets,
explosive materials and highly dangerous commodities shall be supervised by
means of technical equipment or directly by customs officers;
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7. In case force majeure is likely to damage the
intactness of shipments, customs sealing or causes cargos to fail to be shipped
along the predetermined route or on schedule, customs declarants, after
applying necessary measures to control and mitigate any possible loss or
damage, must promptly inform customs authorities to seek any solution; in case
it is impossible to give such notification, the nearest police authority,
border guard or coastguard must be informed to give their confirmation or find
any solution in accordance with laws.
Article 44. Customs
supervision and inspection procedures for transshipped cargos
1. Transshipped cargos are cargos moving from an overseas
country to intermediate destination and then transited directly from this
intermediate destination to another overseas country; those which are not
permitted to move throughout the territory of Vietnam for the purpose of export
via a different border gate, unless otherwise permitted by international
agreements to which Vietnam is a signatory or the Prime Minister’s decision.
Transshipped cargos which are the whole or part of shipments moving in a port
shall be shipped to overseas countries.
2. Transhipped cargos must be reported to customs
authorities and put under customs supervision during the time when they are
stored at ports. Physical verification shall be needed if any violation against
law is detected.
3. Responsibility of freight forwarders:
a) Send a notification of cargos transhipment to
customs authorities by completing the form issued by the Ministry of Finance;
b) Keep transhipped cargos intact during the
customs storage process;
c) After obtaining the authorization from the
consignor, carry out package reinforcement, splitting and repackaging for the
purpose of storing cargos in conformity with shipment requirements, or
reconfiguration or contract manufacturing if permitted by the Prime Minister;
d) Have transshipped cargos consolidated into
different cargos for export.
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Article 45. Movable assets
1. When wishing to carry movable assets into
Vietnam, foreigners must follow customs procedures by submitting the
followings:
a) Customs declaration: 02 originals;
b) Written accreditation for work in Vietnam,
issued by organizations or agencies where these foreigners are working, or work
permit issued by Vietnamese competent regulatory agencies: 01 copy;
c) Transport documents, if these assets are
conveyed by means of sea, air or rail transports: 01 copy.
2. When wishing to move movable assets out of
Vietnam, foreigners must follow customs procedures by submitting the
followings:
a) Customs declaration: 02 originals;
b) Written evidence to show that their work period
has expired: 01 copy;
c) Customs declaration for import accredited by
customs authorities, if movable assets are cars or motorbikes, or documents
showing the change to use purpose of such assets, or records on tax payment for
any cargos on which taxes must be paid: 01 copy.
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a) Customs declaration: 02 originals;
b) Documents proving
that their period of business or work abroad has expired, or that they will
stay permanently in Vietnam: 01 copy;
c) Transport documents, if these assets are
conveyed by means of sea, air or rail transports: 01 copy.
4. When wishing to carry movable assets to overseas
countries, Vietnamese organizations or citizens must follow customs procedures
by submitting the followings:
a) Customs declaration: 02 originals;
b) Written evidence to show that they are working,
holding an office or settling abroad: 01 copy.
5. The Prime Minister shall promulgate the list of
commodities being movable assets that appear in the list of commodities subject
to a ban on import, or commodities that appear in the list of commodities
subject to the restriction on import, or conditional imports permitted to be
carried into Vietnam at a specific period and limited amount of commodities
being tax-exempt movable assets.
Article
46. Exported, imported commodities, checked baggage of inbound or outbound
persons which have got lost or mistakenly taken
1. Exported, imported commodities, checked baggage
of incoming or outbound persons which have got lost or mistakenly taken shall
be required to undergo customs inspection, supervision of customs authorities
at the port of entry/exit.
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Port service enterprise or representative of a
shipping enterprise shall be responsible for notifying customs authorities of
the list of checked baggage which have been lost or mistakenly taken. Customs
authorities shall preside over or collaborate with Airport Authority and
Aviation Security Authority in carrying out inspection by means of baggage
scanning machines before moving lost or mistakenly taken checked baggage in the
storage areas.
a) In case there is
no baggage that exceeds permitted amounts on which taxes must be paid in
accordance with legal regulations after inspection carried out by means of scanning
machines, or in breach of laws, port service enterprises or representatives of
shipping enterprises shall be assigned to have them reclaimed by incoming or
outbound persons;
b) In case there is any baggage that exceeds
permitted amounts on which taxes must be paid in accordance with legal
regulations, or in breach of laws, customs authorities shall carry out customs
sealing before allowing lost or mistakenly taken checked baggage to be moved in
the storage area of port service enterprises. When reclaiming lost, mistakenly
taken baggage, incoming or outbound persons must follow customs procedures in
accordance with regulations laid down in Article 59 hereof.
The opening of lost or mistakenly taken baggage
must be approved or supervised by customs authorities.
3. The Ministry of Finance shall adopt detailed
regulations on dealing with lost or mistakenly-taken checked baggage of which
recipients can not be identified.
Article
47. Customs procedures for reimportation of exported commodities
1. Reimportation of commodities that have been
exported but returned (hereinafter referred to as reimportation of returned
commodities) shall be carried out to serve the following purposes:
a) Repair or recycling (commonly called recycling),
and then re-exportation;
b) Domestic consumption;
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d) Re-exportation required by foreign partners.
2. Customs documentation to be submitted:
a) Customs declaration for imported commodities;
b) Transport documents, if cargos are conveyed by
means of sea, air or rail transports: 01 copy;
c) Written notification of returned commodities
sent by foreign parties, or of those returned commodities that is unclaimed: 01
copy.
3. Customs procedures shall conform to regulations
laid down in Section 5 hereof (exclusive of import permit or written
notification of the result of specialized examination).
4. Customs authorities shall not levy taxes on
re-imported commodities as stipulated in Clause 1 of this Article if customs
declarants submit sufficient documents proving that tax exemption is applicable
to these commodities at the time of completing required re-import customs
formalities in accordance with legal regulations.
5. With regard to commodities that are re-imported
for recycling, the recycling time limit must be registered with customs
authorities but be restricted to fewer than 275 days as from the date of
re-importation; customs declarants have yet to pay taxes within this time
limit. In case such commodities have not been re-exported within the registered
time limit, legal regulations enshrined in the law on taxation shall be
applied.
6. Procedures for re-exportation of recycled
commodities shall conform to regulations laid down in Section 5 hereof.
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a) With regard to recycled products made by the
contract manufacturing process, customs procedures shall be followed to enable
them to be consumed at the domestic market or destroyed;
b) With regard to products other than the aforesaid
recycled products, they shall be consumed as re-imported commodities in the
domestic market.
8. If re-imported commodities are exported products
made of imported raw materials or inputs; commercial goods classified as
entities on which the import duty is refunded, the customs authority where
required formalities required by re-import customs procedures are completed
must notify the customs authority where documents that must be submitted to
apply for the tax refund is completed (if both are different) of cases as
mentioned at Point b, c Clause 1 and cases in which re-export is not allowed as
mentioned at Point d Clause 1 of this Article, or those mentioned in Clause 7
of this Article, or the case in which time limit is exceeded as mentioned in
Clause 5 of this Article, in order to find any possible tax-related solution in
accordance with legal regulations.
Article 48. Customs procedures,
supervision for imported commodities required to be re-exported
1. Re-exportation of imported commodities that have
completed their customs formalities required by customs procedures shall be
carried out to serve the following purposes:
a) Payments made to foreign clients;
b) Re-exportation of commodities to a third country
or a free trade zone.
2. Customs documentation:
a) Customs declaration on exported goods;
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c) Decision granted by competent regulatory
agencies to enforce this re-export (when applicable): 01 copy.
3. Customs procedures shall conform to regulations
laid down in Section 5 hereof (exclusive of import permit or written
notification of the result of specialized examination).
In case customs declarants submit sufficient
documents proving that their commodities are permitted to be exempted for tax
payment when completing customs formalities required by customs procedures,
customs authorities shall not be allowed to collect taxes on exported
commodities which are returned or exported to the third country or exported to
the free trade zone, and make their decision on customs clearance in accordance
with legal regulations.
4. If commodities (exclusive of narcotics, weapons,
reactionary documents, toxic chemicals defined in Schedule 1 of the Chemical
Weapons Convention), for which import customs formalities has not completed
yet, are still kept in the customs supervision area by reason of being lost or
misdirected, or left unclaimed, or due to someone’s refusing to accept them,
and if the carrier or consignor files a request for re-export (in which reasons
for such events are clearly stated), the Director of the Customs Sub-department
where shipments are stored shall supervise such commodities until they are
actually moved out of the territory of Vietnam across the port of entry.
Article 49. Customs procedures
for equipment used for containing cargos according to the temporary importation
– temporary exportation rotation method
1. Types of equipment used for containing cargos
according to the rotation method shall comprise:
a) Empty container with or without suspension
hooks;
b) Flexible tanks inside containers for liquid
storage;
c) Other types of equipment used for containing
cargos according to the rotation method shall comprise.
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3. Customs procedures for equipment used for
containing goods according to the rotation method in accordance with
regulations laid down at Point a, b Clause 1 of this Article shall be described
as follows:
a) In terms of importation, customs declarants are
required to submit 01 cargo manifest which details equipment used for
containing goods according to the import rotation method;
b) In terms of exportation, customs declarants are
required to submit 01 list of empty containers to be temporarily imported or
exported before loading onto transports by completing the form issued by the
Ministry of Finance and 01 cargo manifest;
c) The Customs Sub-department where customs
formalities for temporary importation or exportation are completed shall
monitor, check and verify the number of temporarily imported, exported
transports; carry out physical verification whenever any suspicion is detected.
The Minister of Finance shall provide guidance on
electronic customs procedures for equipment used for containing goods according
to the rotation method in accordance with regulations laid down in this Clause.
4. Customs procedures for other types of equipment
used for containing goods according to the temporary importation –
reexportation rotation method shall conform to regulations enshrined at Point c
Clause 1 of this Article as follows:
a) Customs declarations according to the form
issued by the Ministry of Finance;
b) Transport documents, if cargos are conveyed by
means of sea, air or rail transports: 01 copy;
c) Import permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
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a) Customs declarations according to the form
issued by the Ministry of Finance;
b) Export permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
6. Customs procedures for other types of equipment
used for containing goods according to the rotation method as stipulated by
Point c Clause 1 of this Article shall conform to regulations laid down in
Section 5 hereof.
7. Venue for customs procedures:
a) Required customs declaration under the customs
procedures that must be followed by equipment used for containing goods
according to the rotation method as stipulated by Point a, b Clause 1 of this
Article shall be completed at the Customs Sub-department located at border
gates;
b) Required customs declaration under the customs
procedures that must be followed by other types of equipment used for
containing goods according to the rotation method as stipulated by Point c
Clause 1 of this Article shall be completed at the Customs Sub-department
located at border gates or the Customs Sub-department where customs formalities
for import of goods use for manufacturing contract purpose or production of
commodities for export are completed.
8. Within the permitted period of temporary
importation, reexportation that customs declarants register with customs
authorities, equipment used for containing goods according to the temporary
importation – reexportation rotation method shall not be taxed. In case there is any change to the use purpose of
equipment used for containing goods according to the rotation method, customs
procedures shall be adopted as follows:
a) Customs declarants shall file a written clear
explanation for such change to the Customs Sub-department where the manifest of
re-imported cargos is registered or the customs declaration for such re-imports
is completed;
b) The Director of the Customs Sub-department the
manifest of re-imported cargos is registered or the customs declaration for
such re-imports is completed shall take responsibility to consider these
reasons or explanations; if there are no sign of trade frauds, the request made
by customs declarants shall be accepted.
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Article 50. Customs procedures
for temporary import – re-export, temporary export – re-import of equipment,
machinery, moulds or models for production, construction, project execution or
experimentation
1. Customs procedures for temporary import –
re-export of equipment, machinery, moulds or models shall comprise the
followings:
a) Customs declarations according to the form
issued by the Ministry of Finance;
b) Transport documents, if cargos are conveyed by
means of sea, air or rail transports: 01 copy;
c) Import permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
2. Customs procedures for temporary export –
re-import of equipment, machinery, moulds or models shall comprise the
followings:
a) Customs declarations according to the form
issued by the Ministry of Finance;
b) Export permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
3. Venue for submitting customs documents to
complete customs formalities: the Customs Sub-department located at border
gates or the Customs Sub-department at the area where manufacturing facilities
or projects are located. With regard to temporarily imported – re-exported,
temporarily exported – re-imported machinery, equipment, moulds or
models used for contract manufacturing process or production of commodities for
export, or operation of export processing enterprises, customs formalities
shall be completed at the Customs Sub-department where customs declaration for
import of such commodities is carried out.
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5. The time limit for temporary importation -
reexportation, temporary exportation - reimportation shall be agreed under the
contract between a merchant and his partners, and registered with customs
authorities. In case the deadline for temporary importation, reexportation
needs to be extended to serve the purpose of production, construction, project
execution or experimentation as agreed upon between that merchant with his
partners, customs declarants must notify in writing the Customs Sub-department
where customs formalities for temporary importation, reexportation are dealt
with.
If customs declarants fail to carry out temporary
importation, reexportation by the agreed deadline, this violation shall be
handled in compliance with legal regulations.
6. If the temporary import and temporary export
enterprise submit the deed of gift of temporarily imported – re-exported,
temporarily exported – re-imported machinery, equipment, moulds or models used
for production, construction, project execution or experimentation, they must
follow customs procedures in compliance with Section 5 hereof.
Article 51. Customs procedures
for temporary import – re-export of cargo ships or aircraft for the purpose of
repair or maintenance that takes place in Vietnam
1. Customs documentation shall include:
a) Customs declarations according to the form
issued by the Ministry of Finance;
b) The contract to supply ship or aircraft repair
or maintenance services with foreign partners: 01 copy.
2. Venue for submitting customs documents to
complete customs formalities: the Customs Sub-department located at border
gates.
3. The time limit for temporary importation,
reexportation shall be agreed in this contract and registered with the Customs
Sub-department located at border gates.
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5. Customs examination or supervision shall be
conducted as follows:
a) The Customs Sub-department at border gates shall
supervise customs declarants’ moving their ships or aircraft from anchoring or
landing areas to repair and maintenance service points. a) The Customs
Sub-department at border gates shall supervise customs declarants’ moving their
ships or aircraft from anchoring or landing areas to repair and maintenance
service points;
b) Customs declarants shall be responsible for
managing cargo ships or aircraft at repair and maintenance service points.
Article 52. Customs procedures
for temporary import of components, spare parts or items used for replacing or
repairing foreign cargo ships or aircraft
1. With regard to temporarily imported components,
spare parts or items carried on ships or aircraft through the entry point, or
shipped before or after the entry of ships or aircraft:
a) Customs declarants must be the operator of ships
or aircraft or the agent of the ship or aircraft owner;
b) Customs procedures must conform to regulations
laid down in Section 5 hereof.
2. Customs documentation shall include:
a) Customs declaration form issued by the Ministry
of Finance;
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c) Import permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
3. Venue for submitting customs documents to
complete customs formalities: the Customs Sub-department located at border
gates.
4. Components, spare parts or items temporarily
imported for repair or operation of cargo ships or aircraft under the contract
to provide ship, aircraft repair or maintenance services with foreign partners
shall be required to complete customs procedures the same as those produced under
the contract manufacturing arrangement do in accordance with instructions from
the Minister of Finance.
Article 53. Customs procedures
for temporary import – re-export, temporary export – re-import of commodities
used for fair, exhibition or product launch events
1. Customs documentation that customs declarants
must submit for temporarily imported – re-exported commodities:
a) Customs declaration form issued by the Ministry
of Finance;
b) Transport document, if cargos are conveyed by
means of sea, air or rail transports: 01 copy;
c) The written permission certified by competent
authorities to organize fair or exhibition events (except for temporarily
imported – re-exported commodities used for product launch events): 01 copy;
c) Import permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
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a) Customs declaration form issued by the Ministry of
Finance;
c) The written permission certified by competent
authorities to organize fair or exhibition events (except for temporarily
exported – re-imported commodities used for product launch events): 01 copy;
c) Export permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
3. Venues for completing customs formalities: At
the Customs Sub-department where fair, exhibition or product launch events take
place or the Customs Sub-department located at border gates.
4. Permitted period of temporary export –
re-import:
a) Temporarily imported commodities for fair,
exhibition or product launch events that take place in Vietnam must be
re-exported within 30-day period from the closing date of these events as
registered with customs authorities;
b) Permitted period of temporary exportation of
commodities for fair, exhibition or product launch events that take place in
overseas countries shall be one year from the date on which such commodities are
temporarily exported; if these commodities have not been re-imported within
this period, these commodities shall be taxed or held liable for other
financial obligations under Vietnamese regulations.
5. Customs procedures that customs declarants must
follow shall conform to regulations laid down in Section 5 hereof.
6. Sale or gift of commodities at fair, exhibition
or product launch events carried out under regulations laid down in Article
136, 137 of the Commerce Law must follow the customs procedures for import as
stipulated by laws.
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1. Temporarily imported – re-exported, temporarily
exported – re-imported commodities used for work activities over a defined
period of time shall encompass: Commodities used for such work activities as
conferences, seminars, scientific researches, education, sports competitions,
cultural and arts performance, healthcare services, product research and
development.
2. Customs documentation that customs declarants
must submit for temporarily imported – re-exported commodities shall include:
a) Customs declaration form issued by the Ministry
of Finance;
If customs declarants have to complete paper
customs declaration in accordance with regulations laid down at Point e Clause
2 Article 25 hereof, they are required to submit 02 original customs
declarations;
b) Transport document, if cargos are conveyed by
means of sea, air or rail transports (except for hand luggage carried by
inbound persons): 01 copy;
c) A written proof of participation in
aforementioned work activities mentioned in Clause 1 of this Article: 01 copy;
c) Import permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
3. Customs documentation that customs declarants
must submit for temporarily exported – re-imported commodities:
a) Customs declaration form issued by the Ministry
of Finance;
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c) A written proof of participation in
aforementioned work activities mentioned in Clause 1 of this Article: 01 copy;
c) Export permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
4. Venues for completing customs formalities: At
the Customs Sub-department located at border gates.
5. Permitted period of temporary import – export,
temporary export - re-import must be registered with customs authorities.
6. Customs procedures that customs declarants must
follow shall conform to regulations laid down in Section 5 hereof.
Article 55. Temporarily
imported – re-exported, temporarily exported – re-imported commodities for
warranty or repair services
1. Customs documentation that customs declarants
must submit for temporarily imported – re-exported commodities shall include:
a) Customs declaration form issued by the Ministry
of Finance;
b) Transport document, if cargos are conveyed by
means of sea, air or rail transports: 01 copy;
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2. Customs documentation that customs declarants
must submit for temporarily exported – re-imported commodities:
a) Customs declaration form issued by the Ministry
of Finance;
b) Export permit, written notification of the
result of specialized examination required by relevant laws: 01 original.
3. Venues for completing customs formalities: At
the Customs Sub-department located at border gates.
4. Permitted period of temporary import –
re-export, temporary export – re-import shall conform to the agreement between
merchants with their partners and then shall be registered with the Customs
Sub-department when completing customs formalities for temporary import or
temporary export.
5. Customs procedures that customs declarants must
follow shall conform to regulations laid down in Section 5 hereof.
Article
56. Monitoring of customs declarations for temporary import – re-export,
temporary export - re-import
1. The Customs Sub-department where customs
formalities for temporary import or temporary export are completed shall be
held responsible for monitoring or managing customs declarations for temporary
import or temporary export for commodities stipulated herein.
2. The Minister of Finance shall stipulate the monitoring
of customs declarations for temporary import – re-export, temporary export –
re-import for commodities stipulated herein.
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Article 57. Applicable
entities
Luggage carried by persons who are allowed to move
in or out through the entry/exit point after showing their passports or
equivalents issued by competent regulatory agencies of Vietnam or overseas
countries.
Article 58. Duty-free luggage
limit
1. The limit on duty-free luggage of inbound
persons shall conform to the Prime Minister’s Decision.
2. The limit on duty-free luggage of inbound
persons shall be stipulated as follows:
a) The limit shall be applied to each entry;
b) Combination of the duty-free limits for
different entry times as the basis for calculating the duty-free limit for one
entry time is not allowed;
c) Combination of the duty-free limits on luggage
of different inbound persons for the purpose of approving application for the
duty-free limit on luggage of one inbound person, except when luggage is
personal one carried by family members on the same trip.
3. If the luggage which exceeds the permitted
duty-free limit and then the excess is considered imported commodities, inbound
persons must conform to legal regulations on imported commodities and taxation.
Inbound persons shall be entitled to choose to pay tax on any of their items if
they carry a lot of items with them.
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5. Those who have to frequently move in for their
work nature shall not be entitled to the duty-free luggage limit for each of
their entry but shall be entitled to such limit once every 90 days. Those who
have to frequently move in for their work nature refer to:
a) Pilots or international flight attendants;
b) Train operator and attendants working on
intermodal rail transports;
c) Officers or crewmen working on a ship;
d) Operators or Vietnamese employees working in
neighboring countries that share the same land border with Vietnam.
The enjoyment of this duty-free limit shall be
stipulated by the Prime Minister’s Decision
6. The amount of duty-free luggage of outbound
persons shall not be restricted. Outbound persons shall not be permitted to
carry items that appear on the list of commodities subject to a ban on
importation, temporary suspension of exportation, or the list of conditional
exports as stipulated by laws.
Article 59. Customs procedures
for luggage of inbound or outbound persons
1. Luggage of inbound or outbound persons must go
through customs procedures at border checkpoints.
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Any commodity carried by inbound or outbound
persons which exceeds the duty-free limit through the customs checkpoint
without completing customs declaration shall be considered as illegal imports
or exports and shall be subject to handling measures in accordance with laws.
3. The luggage of inbound or outbound persons shall
be checked by means of commodity scanning machines and other equipment. On the
basis of data analyses and supervision of inbound or outbound persons, customs
authorities shall choose one of the commodities which poses potential risks to
undergo the customs physical verification.
4. In case there are sufficient grounds for proving
that inbound or outbound persons may commit smuggling or illegal carriage of
commodities across borders, frisking search shall be carried out as stipulated
by the law on handling of administrative violations.
5. Inbound or outbound persons shall be allowed to
have their commodities safe-kept at the warehouse of the Bordergate Customs
Sub-department and to reclaim them after their entry or exit customs procedures
have been completed. Duration of temporary keeping their commodities under
customs protection shall not exceed 180 days from the date on which their
commodities are safe-kept at the customs warehouse.
6. Within the duration of the customs safekeeping
as stipulated in Clause 5 of this Article, if incoming or outbound persons
submit written documents about abandonment of such commodities or fail to
reclaim their commodities by the specified deadline, this case shall be subject
to proper handling measures in accordance with laws. Proceeds from the
liquidation of commodities shall be paid into the state budget after deducting
any relevant cost as stipulated by laws.
Article 60. Customs procedures
for luggage of incoming passengers which exceeds the duty-free limit; luggage
of inbound or outbound persons which is shipped before or after their trips
1. Luggage of inbound persons which exceeds the
duty-free limit; luggage of inbound or outbound persons which is shipped before
or after their trips must go through customs procedures in accordance with
regulations laid down in Section 5 hereof.
2. Customs documentation shall include:
a) Customs declaration form issued by the Ministry
of Finance: 02 originals;
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c) Entry/exit customs declarations certified by the
Customs Sub-department where customs procedures for inbound persons are
completed: 01 original;
d) Transport documents, if luggage of inbound
passengers are shipped before or after their trips: 01 copy.
3. Customs authorities shall carry out the physical
verification of these commodities for the purpose of adopting policies on
managing exports or imports, or on taxation in accordance with laws.
4. Inbound passengers shall be required to complete
the customs formalities for their luggage shipped before or after their trips
within a period of fewer than 30 days from the date on which their luggage is
shipped to the arrival port.
Chapter IV
CUSTOMS PROCEDURES FOR
INCOMING, OUTGOING OR IN-TRANSIT TRANSPORTS
Section 1: Customs procedures,
customs supervision and inspection procedures for incoming, outgoing or
in-transit aircraft
Article 61. Customs procedures
for incoming, outgoing or in-transit aircraft
1. Customs procedures for incoming aircraft:
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b) Information about the secondary airway bill of
lading for incoming cargos which is applicable to cargos aircraft;
c) List of passengers on board which is applicable
to passenger aircraft;
d) List of pilot team members on board;
dd) Manifest of checked baggage which is applicable
to passenger aircraft.
2. Customs procedures for outgoing aircraft:
a) Manifest of outgoing air cargos which is
applicable to cargo aircraft;
b) List of passengers on board which is applicable
to passenger aircraft;
c) List of pilot team members on board and flight
attendants on board;
d) Manifest of checked baggage which is applicable
to passenger aircraft.
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When completing customs formalities for in-transit
aircraft, customs declarants are required to submit customs documentation as
stipulated in Clause 1 of this Article; when completing exit customs
formalities, if there is any change to entry customs documentation, customs
declarants must submit their customs documentation including such changed
documents.
Any aircraft which is landed for technical reasons
shall not be required to carry out customs declaration but have to be put under
customs supervision.
4. Customs documentation regulated in Clause 1, 2
and 3 of this Article shall be submitted to customs authorities in the form of
electronic data.
In case customs electronic data processing system
or electronic customs declaration system fails to carry out electronic
transactions, customs declarants shall be responsible for filing paper customs
documents to customs authorities;
Article
62. Duration of providing information to complete customs documentation
1. As for incoming aircraft:
a) Not later than 03 hours prior to the landing of
incoming aircraft at Vietnam’s first airport in terms of 3-hour flights;
b) Not later than 30 minutes prior to the landing
of aircraft at Vietnam’s first airport in terms of below-3-hour flights.
2. As for outgoing aircraft: Immediately after
airlines complete necessary procedures for outgoing commodities or passengers.
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At the arrival point, regulations on customs
procedures laid down in Clause 1 of this Article shall take effect; at the exit
point, regulations on customs procedures laid down in Clause 2 of this Article
shall be applied.
4. Customs declarants shall submit required
documents mentioned at Point a, c, d, dd Clause 1, 2 of Article 61 and issuers
of secondary airway bills of lading shall submit required documents mentioned
at Point b Clause 1 of Article 61 within the regulated time defined in this
Article through the customs electronic data processing system.
5. Any change or supplementation to customs
information or documentation for incoming, outgoing or in-transit aircraft
shall be carried out under the instruction of the Minister of Finance.
Article 63. Receipt and
handling of customs documentation
1. Customs authorities shall check provided
documents, carry out physical verification of aircraft and confirm that customs
procedures have been completed for incoming, outgoing or in-transit aircraft
under the instruction of the Minister of Finance.
2. Deadline for completing customs procedures for
incoming, outgoing or in-transit aircraft: Not later than 01 hour from the
moment when customs declarants submitted or showed sufficient customs
documentation in accordance with regulations enshrined in Article 61 hereof.
3. The General Department of Customs shall be
responsible for establishing the system for receiving electronic information
from customs declarants and sharing such information with relevant agencies
operating at airports.
Article 64. Responsibility of
airport operation enterprises
1. Not later than 24 hours (01 hour for irregular
flights) before the arrival of incoming aircraft and airlines' completion of
airway procedures for outbound passengers and exported freight, airport
operation enterprises shall not be responsible for providing the following
information for the Customs Sub-department at international airports:
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b) Aircraft type;
c) Flight itinerary;
d) Arrival and departure schedule;
dd) Location where aircraft are parked;
e) Passenger entrance gates;
g) Duration of handling commodities onto or off
aircraft.
2. Airport operation enterprises shall not be
responsible for give prior notice to customs authorities within 01 hour at the
latest whenever any change to information regulated in Clause 1 of this Article
occurs.
Section 2: CUSTOMS PROCEDURES,
CUSTOMS SUPERVISION AND INSPECTION PROCEDURES FOR INCOMING, OUTGOING OR
IN-TRANSIT SHIPS
Article 65. Customs procedures
for incoming, outgoing or in-transit ships
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a) General declaration;
b) Manifest of incoming seaway cargos which is
applicable to cargo ships;
c) Information about the secondary seaway bill of
lading for incoming cargos which is applicable to cargo ships;
d) Ship crew;
dd) Manifest of personal luggage carried by ship
crewmen;
e) Ship’s stores declaration;
g) List of passengers on board which is applicable
to passenger ships;
h) Manifest of dangerous cargos which is applicable
to dangerous cargo ships.
2. As for outgoing ships:
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b) Manifest of outgoing seaway cargos which is
applicable to cargo ships;
c) Ship crew;
d) Manifest of personal luggage carried by ship
crewmen;
dd) Ship’s stores declaration;
e) List of passengers on board which is applicable
to passenger ships.
When completing customs formalities for outgoing
ships, if there is any change to declared information provided at the entry
time, customs declarants are only required to submit the general declaration as
stipulated at Point a of this Clause.
3. As for in-transit ships
When completing customs formalities for in-transit
ships, customs declarants are required to submit customs documentation as
stipulated in Clause 1 of this Article; when completing exit customs
formalities, if there is any change to entry customs documentation, customs
declarants must submit their customs documentation including such changed
documents.
4. Customs documentation regulated in Clause 1, 2
and 3 of this Article shall be submitted to customs authorities in the form of
electronic data.
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5. The Minister of Finance shall provide guidance
on customs procedures for incoming, outgoing ships in certain special cases as
stipulated by the marine law.
Article 66. Duration of
providing information to complete customs documentation
1. As for incoming ships:
a) Manifest of incoming commodities and information
about secondary seaway bills of lading: Not later than 12 hours before the
proposed time when ships arrive at ports within below-5-day shipping time; Not
later than 24 hours before the proposed time when ships arrive at ports within
other shipping time;
b) Documents stipulated at Point c, d, dd, e, g, h
Clause 1 of Article 65 hereof: Not later than 08 hours before the proposed
arrival time.
2. As for outgoing ships:
The deadline for provision of information about
documents stipulated in Clause 2 Article 65 hereof shall be 01 hour at the
latest before departure.
3. As for in-transit ships:
At the arrival point, regulations on customs
procedures laid down in Clause 1 of this Article shall take effect; at the exit
point, regulations on customs procedures laid down in Clause 2 of this Article
shall be applied.
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5. Any change or supplementation to customs
information or documentation for incoming, outgoing or in-transit ships shall
be carried out under the instruction of the Minister of Finance.
Article 67. Receipt and
handling of customs documentation
1. Customs authorities shall check provided
documents, carry out physical verification of ships and confirm that customs
procedures have been completed for incoming, outgoing or in-transit ships under
the instruction of the Minister of Finance.
2. The deadline for completing customs procedures
for incoming, outgoing or in-transit ships: Not later than 01 hour from the
moment when customs declarants submitted or showed sufficient customs
documentation in accordance with regulations enshrined in Article 65 hereof.
3. The General Department of Customs shall be
responsible for establishing the system for receiving electronic information
from customs declarants and sharing such information with relevant agencies
operating at seaports.
Article 68. Responsibility of
maritime administration authorities and seaport operation enterprises
1. Immediately after receiving the confirmation of
arrival time and proposed departure time, maritime administration authorities
must promptly notify customs authorities and other relevant regulatory agencies
operating at seaports for the purpose of collaboration.
2. Immediately after deciding to allow incoming,
outgoing or in-transit ships to move in seaports, maritime administration
authorities shall notify customs authorities and other relevant regulatory
agencies operating at seaports of the specific ship-stay time and location at
seaports.
3. Prior to unloading cargos off ships, seaport
operation enterprises must notify customs authorities of predetermined
warehouses or storage facilities.
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Article 69. Customs procedures
for incoming trains:
1. At international intermodal rail terminals at
borders:
a) Intermodal freight transfer document: 01
original;
b) Bill of lading: 01 copy;
c) Manifest of incoming cargos unloaded off
intermodal trains according to the form issued by the Ministry of Finance: 02
originals;
d) List of intermodal passengers on intermodal
trains or passengers who completed customs procedures at international
intermodal terminals at borders (if applicable): 01 original;
dd) Manifest of fuel, tools or food carried along
trains (if applicable): 01 original.
2. At inland intermodal rail terminals:
a) Documents stipulated at Point b, c Clause 1 of
this Article;
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Article
70. Customs procedures for outgoing trains
1. At inland intermodal rail terminals:
a) Written confirmation of the order of trains
which is applicable to those that complete the customs procedures at
international intermodal rail terminals located in inland areas: 01 original;
b) Bill of lading: 01 copy;
c) Manifest of outgoing cargos through
international intermodal rail terminals located in inland areas according to
the form issued by the Ministry of Finance: 02 originals;
d) List of intermodal passengers on passenger
trains or passengers who completed customs procedures at international
intermodal rail terminals located at inland areas (if applicable): 01 original.
2. At international intermodal rail terminals at
borders:
a) Documents stipulated at Point b, c Clause 1 of
this Article;
b) Intermodal freight transfer document: 01
original;
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d) Written confirmation of train order: 01
original;
dd) List of intermodal passengers on passenger
trains or passengers who completed customs procedures at international
intermodal terminals at borders (if applicable): 01 original.
Article 71. Duration of
providing information to complete customs documentation
1. As for incoming trains: Immediately after trains
arrive at international intermodal rail terminals at borders or those located
at inland areas, the Head of the terminal, the train or the legal
representative shall submit documents stipulated in Clause 1 or 2 Article 69
hereof to customs authorities.
2. As for outgoing trains: Not later than 30
minutes for passenger trains or 01 hour for freight trains before they arrive
at international intermodal rail terminals at inland areas or those located at
borders, the Head of the terminal, the train or the legal representative shall
submit documents stipulated in Clause 1 or 2 Article 70 hereof to customs
authorities.
3. Before completing examination of customs
documents for incoming or outgoing trains, the Head of the rail terminal or the
train or the representative is required to carry out additional customs
declaration in the following cases:
a) There is any difference in information, such as
freight description, weight, quantity (maybe increased or decreased), about the
actual incoming or outgoing shipment and information recorded on bills of
lading, manifests, freight transfer documents submitted to customs authorities;
b) Any other change to provided information
concerning transport, freight and baggage that may occur in the process of
transporting, storing freight at warehouses or storage yards, dispatching or
receiving freight.
Article
72. Responsibility of customs authorities
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a) Check and collate information provided in the
customs documentation in relation to wagon codes, freight quantity, etc. for
each freight, container or checked baggage wagon, etc.; check customs sealing
carried out by carriers (if applicable) for each freight, container or checked
baggage wagon;
b) Carry out the customs sealing of each freight,
checked baggage wagon under customs supervision which is carried to the next
international intermodal rail terminal at borders or inland areas; with regard
to freight such as heavy-size or bulk freight, etc., that can not be customs
sealed, the Head of the freight train shall be responsible for keeping freight,
checked baggage or wagons intact on the way to arrive at the destination
terminal as required by legal regulations;
c) Hand over incoming or outgoing freight to
customs authorities at international intermodal rail terminals located at
inland areas or borders in the event that freight under customs supervision
conveyed by incoming trains to the international intermodal rail terminal
located at inland areas or conveyed by outgoing trains to the international
intermodal rail terminal located at borders, which shall be carried out by
completing the form issued by the Ministry of Finance;
d) Verify and stamp documents submitted by the Head
of rail terminals or trains or legal representatives; carry out the customs
sealing of documents handed over to the Head of rail terminals or trails or
legal representatives to forward them to customs authorities operating at
international intermodal rail terminals located at borders or those located at
inland areas in accordance with legal regulations;
dd) Confirm and respond to customs authorities
operating at international intermodal rail terminals located at borders or
those located at inland areas with the receipt of freight, shipment documents
put under customs supervision as well as current status of freight that have
just arrived. Customs documentation such as the manifest of freight and other
relevant documents required by legal regulations shall be retained.
2. Carry out customs
supervision and control of incoming or outgoing trains within customs areas as
follows:
a) Supervise means of transport, used for both
incoming or outgoing freight transportation, including empty containers, wagons
or vehicles); supervise outgoing freight until they have already moved out of
customs areas, and supervise incoming freight until they are customs cleared,
released or moved out of customs areas;
b) Supervise luggage or cargos of inbound
passengers, operation team members and crewmen on board immediately after they
get out off trains to enter into entry points or isolation areas;
c) Supervise luggage or cargos of outbound
passengers, operation team members and crewmen on board immediately after they
move out of exit points or isolation areas to get onto outgoing trains;
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dd) Supervise diplomatic or consular bags received
or sent at parking areas;
e) On the basis of aggregating and dealing with
information about incoming or outgoing trains, arrange personnel in charge of
patrol or control, depending on the characteristics of each shipment.
3. The deadline for completing customs procedures
for incoming or outgoing intermodal trains: Not later than 01 hour from the
moment when customs declarants submitted or showed sufficient customs
documentation in accordance with regulations enshrined in Article 69, 70
hereof.
Article 73. Responsibility of
the Head of an intermodal rail terminal and train
1. Responsibility of the Head of an intermodal rail
terminal:
a) Notify customs authorities operating at
international intermodal rail terminals by means of the computer connection
system, documents or faxes of information about the itinerary of incoming or
outgoing trains, including locomotive head or wagon codes; position, time of
arrival, stop or departure; information about incoming, outgoing freight, or
luggage of incoming or outbound passengers, including location, time of freight
handling and any change to information concerning trains, freight or baggage;
b) Append confirmation and stamp on documents
submitted by the Head of trains to complete customs procedures;
c) Submit or show documents included in the customs
documentation and go through customs procedures in accordance with legal
regulations.
d) Take responsibility for the accuracy of
information provided in the documents submitted to customs authorities;
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2. Responsibility of the Head of trains:
a) Submit or show accurate and sufficient documents
included in the customs documentation and go through customs procedures in
accordance with legal regulations;
b) Take responsibility for the accuracy of
information provided in the documents submitted to the Head of rail terminals
and customs authorities;
c) Collaborate with the Head of rail terminals in
completing customs formalities (including exchanging customs documentation
between customs authorities operating at international intermodal rail
terminals located at borders and those located at inland areas) in accordance
with legal regulations;
d) Keep freight intact and protect customs sealing
(if any) or sealing carried out by carriers in the process of carrying freight
under customs supervision.
Section 4: CUSTOMS PROCEDURES,
CUSTOMS SUPERVISION AND INSPECTION PROCEDURES FOR INCOMING, OUTGOING OR
IN-TRANSIT CARS
Article 74. Customs procedures
for incoming cars
1. With regard to incoming cars (temporarily
imported foreign cars; re-imported Vietnamese cars), customs declarants are
required to submit or show:
a) The original of intermodal transportation permit
granted by competent regulatory agencies;
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c) 01 original of the list of passengers,
applicable to passenger cars;
d) The original of customs declaration on
temporarily imported – re-exported road transports; or 01 original of customs
declaration on temporarily exported – re-imported road transports, certified by
the bordergate Customs Sub-department where customs procedures for temporary
export are completed.
2. With regard to cars which are allowed to move in
Vietnam under the Convention on facilitation of passenger and commodity
transportation across borders between Greater Mekong Subregion countries,
provisions enshrined in such Convention and guiding documents shall prevail.
Article 75. Customs procedures
for outgoing cars
1. With regard to outgoing cars (temporarily
exported Vietnamese cars; re-exported foreign cars), customs declarants are
required to submit or show:
a) The original of intermodal transportation permit
granted by competent regulatory agencies;
b) The original of vehicle registration certificate
for temporarily exported Vietnamese cars;
c) 01 original of the list of passengers,
applicable to passenger cars;
d) The original of customs declaration on
temporarily exported – re-imported road transports; or 01 original of customs
declaration on temporarily imported – re-exported road, certified by the
bordergate Customs Sub-department where customs procedures for temporary import
are completed.
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Article 76. Time limit for
submitting customs documentation
1. In respect of incoming cars: When cars arrive at
the border checkpoint, drivers or legal representatives shall submit or show
documents mentioned in Article 74 hereof to the bordergate Customs
Sub-department.
2. In respect of outgoing cars: When cars arrive at
the border checkpoint, drivers or legal representatives shall submit or show
documents mentioned in Article 75 hereof to the bordergate Customs
Sub-department.
Article
77. Customs procedures, customs supervision and inspection procedures for
incoming, outgoing cars
1. Customs procedures for incoming or outgoing cars
a) Customs authorities shall receive customs
documentation;
b) Customs authorities shall apply the risk
management method to examination of customs documentation, physical
verification and confirmation of temporary import – re-export or temporary
export - re-import for incoming or outgoing cars.
2. Customs supervision procedures for incoming or
outgoing cars
a) Within customs areas, customs authorities shall
preside over and use technical equipment to supervise incoming or outgoing
cars;
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3. Single-window, one-stop customs examination
shall conform to regulations on single-window, one-stop customs procedures; or
national single-window system.
4. The Minister of Finance shall promulgate customs
declaration form, and provide guidance on customs procedures for incoming,
outgoing road transports.
Article 78. Customs procedures
for incoming or outgoing cars used for uncommercial transactions
1. With regard to customs procedures for incoming
cars (temporarily imported foreign cars; re-imported Vietnamese cars) in
accordance with the bilateral convention between Vietnam and its bordering
countries, customs declarants are required to submit and show the following
documents:
a) The original of intermodal transportation permit
granted by competent regulatory agencies;
b) The original of vehicle registration certificate
for temporarily imported foreign cars;
c) 01 original of customs declaration on
temporarily imported – re-exported road transports; or 01 original of customs
declaration on temporarily exported – re-imported road transports, certified by
the bordergate Customs Sub-department where customs procedures for temporary
export are completed.
2. Customs procedures for foreign cars designed
with right-handed drive system as stipulated by the Government’s Decree No.
80/2009/ND-CP dated October 1, 2009 and vehicles moved in Vietnam by foreigners
for the purpose of tourism as stipulated by the Government’s Decree No.
152/2013/ND-CP dated November 04, 2013 shall include:
a) The original of the written approval granted by
the Ministry of Transport must be shown;
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c) The original of the declaration on temporarily
imported – re-exported road transports.
3. To follow customs procedures for outgoing cars
(temporarily exported Vietnamese cars; re-exported foreign cars), customs
declarants are required to submit or show the following documents:
a) The original of the permit granted by competent
regulatory agencies;
b) The original of vehicle registration certificate
for temporarily exported Vietnamese cars;
c) 01 original of customs declaration on
temporarily exported – re-imported road transports; or 01 original of customs
declaration on temporarily imported – re-exported road transports, certified by
the bordergate Customs Sub-department where customs procedures for temporary
import are completed.
4. Customs authorities shall adopt procedures for
customs examination and supervision in accordance with regulations laid down in
Clause 1 and 2 of Article 77 hereof.
Section 5: CUSTOMS PROCEDURES,
CUSTOMS EXAMINATION AND SUPERVISION PROCEDURES FOR OTHER INCOMING, OUTGOING OR
IN-TRANSIT TRANSPORTS
Article 79. Customs procedures
for waterway transports (boats or canoes) which enter or exit through waterway
border checkpoints
1. To follow customs procedures for incoming
waterway transports (temporarily imported foreign boats or canoes; re-imported
Vietnamese boats or canoes), customs declarants are required to submit or show
the following documents:
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b) The original of transport registration
certificate for temporarily-imported foreign waterway transports;
c) 01 original of customs declaration on
temporarily imported – re-exported waterway transports; or 01 original of
customs declaration on temporarily exported – re-imported waterway transports,
certified by the bordergate Customs Sub-department where customs procedures for
temporary export are completed.
d) 01 original of the list of persons traveling on
board a waterway transport (when applicable);
dd) 01 original of the manifest of fuel or articles
stored on board.
2. To follow customs procedures for outgoing
waterway transports (re-exported foreign boats or canoes; temporarily exported
Vietnamese boats or canoes), customs declarants are required to submit or show
the following documents:
a) The original of the waterway transport permit
across borders granted by competent regulatory agencies;
b) The original of registration certificate for
temporarily exported Vietnamese waterway transports;
c) 01 original of customs declaration on
temporarily imported – re-exported waterway transports, certified by the
bordergate Customs Sub-department where customs procedures for temporary import
are completed; or the original of customs declaration on temporarily exported –
re-imported waterway transports;
d) 01 original of the list of persons traveling on
board a waterway transport (when applicable);
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3. Customs declarants shall submit customs
procedures for incoming or outgoing waterway transports (boats or canoes) as
stipulated in Clause 1 and 2 of this Article.
4. Customs authorities shall receive customs
documentation; apply the risk management method to examination of customs
documentation, physical verification and confirmation of temporary import –
re-export or temporary export - re-import for incoming or outgoing waterway
transports.
5. Customs supervision of waterway transports
a) Within customs areas, customs authorities shall
use technical equipment to supervise incoming or outgoing waterway transports;
b) Outside of customs areas, police authorities
shall preside over and collaborate with relevant Ministries or agencies in
examination and supervision of incoming or outgoing waterway transports.
6. The Minister of Finance shall promulgate customs
declaration form, and provide guidance on electronic customs procedures for
incoming, outgoing waterway transports.
Article 80. Customs procedures
for incoming or outgoing motorbikes
1. To follow customs procedures for incoming
motorbikes (temporarily imported foreign motorbikes; re-imported Vietnamese
motorbikes), customs declarants are required to submit or show the following
documents:
a) The original of the permit granted by competent
regulatory agencies (when applicable);
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c) The original of customs declaration on
temporarily imported – re-exported road transports; or 01 original of customs
declaration on temporarily exported – re-imported road transports, certified by
the bordergate Customs Sub-department where customs procedures for temporary
export are completed.
2. To follow customs procedures for outgoing
motorbikes (re-exported foreign motorbikes; temporarily exported Vietnamese
motorbikes), customs declarants are required to submit or show the following
documents:
a) The original of
the permit granted by competent regulatory agencies (when applicable);
b) The original of registration certificate for
temporarily exported Vietnamese motorbikes;
c) 01 original of customs declaration on
temporarily imported – re-exported road transports, certified by the bordergate
Customs Sub-department where customs procedures for temporary import are
completed; or 01 original of customs declaration on temporarily exported –
re-imported road transports.
3. Customs authorities shall receive customs
documentation; apply the risk management method to examination of customs
documentation, physical verification and confirmation of temporary import –
re-export or temporary export - re-import for incoming or outgoing motorbikes.
4. Customs supervision procedures for incoming or
outgoing motorbikes
a) Within customs areas, customs authorities shall
use technical equipment to supervise incoming or outgoing motorbikes;
b) Outside of customs areas, police authorities
shall preside over and collaborate with relevant Ministries or agencies in
examination and supervision of incoming or outgoing motorbikes.
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1. Transports of individuals or organizations
commuting across borders for the purpose of delivering or taking delivery of
commodities must conform to the laws relating to the exportation or importation
of commodities, entry or exit of transports, and international agreements
between Vietnam and its bordering countries.
2. Transports of individuals or organizations that
move in border areas for the purpose of delivering or taking delivery of
commodities shall include:
a) Light trucks moved from overseas countries in
Vietnam’s border areas for the purpose of delivering exports or taking delivery
of exports;
b) Light truck moved out of Vietnam’s border areas
for the purpose of delivering exports or taking delivery of imports, and then
coming back to Vietnam;
c) Boats or ships moved from overseas countries in
Vietnam’s border areas for the purpose of delivering imports or taking delivery
of exports;
d) Boats or ships moved out of Vietnam’s border
areas for the purpose of delivering exports or taking delivery of imports, and
then coming back to Vietnam.
Permitted duration when transports stipulated at
Point a, b Clause 2 of this Article can deliver or take delivery of commodities
shall be restricted to 24 hours and permitted duration when transport
stipulated at Point c, d Clause 2 of this Article can deliver and take delivery
of commodities shall be restricted to 72 hours.
3. Simple transports are human-powered transports
(including rickshaw or pedicab). Simple transports operating at ports of entry
or border areas. Customs declarants who follow customs procedures for their
simple transports shall submit customs declarations on exports or imports to
customs authorities in case of transportation of exports or imports.
Customs authorities shall be responsible for
supervising simple transports within their operational time at customs areas.
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5. Transports of individuals, agencies or
organization commute through border areas for the purpose of everyday life
activities.
6. Transports stipulated in this Article shall be
only temporarily imported – re-exported, temporarily exported – re-imported
through the same border gate. Bordergate customs authorities shall take
responsibility for customs supervision.
Chapter V
PROCEDURES FOR
ESTABLISHMENT AND OPERATION OF BONDED WAREHOUSES, DUTY SUSPENSION WAREHOUSES
AND CONTAINER FREIGHT STATIONS
Section 1: BONDED WAREHOUSES
Article 82. Establishment of
bonded warehouses
1. Requirements for establishment of bonded
warehouses:
a) Proposed sites for establishment of bonded
warehouses must be located at the areas stipulated in Clause 1 Article 62 of
the Customs Law; the areas where competent regulatory agencies draw up the
planning to develop logistics services, support exportation of agricultural,
forest and aquatic products which are manufactured in the concentration manner.
Bonded warehouses shall be separated from surrounding areas by walls, fences,
and meet requirements for regular customs examination or supervision, except
for those located in border checkpoints or ports with walls or fences to keep
it completely separated from surrounding areas;
b) Bonded warehouse proprietor is the enterprise
established under legal regulations, and provides services such as warehouse,
storage and forwarding of exports or imports, and customs brokerage;
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d) Bonded warehouse proprietor must have accounting
record system developed and administrated by the application of information
technologies in order to meet criteria stipulated by regulatory agencies for
monitoring, managing commodities which are received, dispatched, stored or
inventoried and connected with customs authorities in charge of bonded
warehouses. Bonded warehouses must be equipped with surveillance cameras which
meet the standards for customs supervision of commodities which are received,
dispatched or inventoried.
2. Establishment documentation:
a) Application form issued by the Ministry of
Finance: 01 original;
b) Business Registration Certificate in which
warehouse or storage facility services are defined: 01 copy;
c) Layout of warehouse, storage yards or sites in
which building restriction lines, locations of commodity warehouses, internal
roads, fire fighting, prevention, security system, warehouse and customs
offices must be clearly stated;
d) The title to land: 01 copy.
3. Establishment procedures:
a) Enterprises shall submit documents in accordance
with regulations laid down in Clause 2 of this Article to the Customs
Department at provincial, inter-provincial or municipal levels;
b) Within a period of 10 working days of receipt of
sufficient documents from enterprises, the Customs Department at provincial,
inter-provincial or municipal levels must complete customs inspection or
verification of documents, warehouses and storage facilities. If enterprises
prove that they are eligible for establishment, the Customs Department shall
submit a report and request to the General Department of Customs to obtain the
establishment decision;
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4. With respect to enterprises who wish to narrow
or expand, transfer the right to own or relocate bonded warehouses, if they
meet requirements stipulated in Clause 1 of this Article, they can submit their
applications to the Customs Department at provincial, inter-provincial or
municipal levels, including the following documents:
a) Written application for relocating, expanding or
narrowing bonded warehouses: 01 original;
b) Site plan of warehouses or storage yards that
need to be relocated, expanded or narrowed: 01 copy;
c) Documents proving the ownership of warehouses,
storage yards for such relocation or expansion: 01 copy.
Processes or procedures for such relocation,
expansion or narrowing shall be the same as these for establishment of bonded
warehouses in accordance with regulations laid down in Clause 3 of this
Article. Especially for the expansion or narrowing of bonded warehouses, the
Director of the Customs Department at provincial, inter-provincial or municipal
levels shall have authority to make his/her decision on these activities.
5. In case a change
to the name of bonded warehouse owner has been approved by the General
Department of Customs under their establishment decision with reference to
written confirmation issued by competent regulatory agencies, enterprises must
send a written notification to the Customs Sub-department for their reference
and monitoring.
6. Termination of bonded warehouse operations shall
occur if:
a) The Customs Department at provincial,
inter-provincial or municipal levels makes a written request for termination of
bonded warehouse operations when verifying that requirements for customs
examination or supervision and establishment as prescribed in Clause 1 of this
Article are not met;
b) Enterprises file written application for such
termination;
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d) Within one year, enterprises have committed
administrative violations against regulations on management of bonded
warehouses 3 times, and have paid each monetary penalty for an administrative
violation equal to an amount beyond the delegated authority of the Director of
the Customs Sub-department.
Article 83. Services provided
by bonded warehouses
Owners of commodities stored at bonded warehouses
shall directly carry out or authorize bonded warehouse proprietors or customs
brokerage agents to carry out the following services:
1. Package reinforcement, splitting and
repackaging; consolidation; freight classification and maintenance.
2. Freight sampling for managerial work or customs
procedures.
3. Transfer of the ownership of freight.
4. Especially for bonded warehouses particularly
intended for chemicals or petrol, if they meet requirements for customs
managerial operations and relevant requirements for specialized management
activities, their preparation or mixture or conversion of different freight
types shall be allowed.
Article 84. Bonded warehouse
lease
1. Entities who are entitled to rent bonded
warehouses shall include:
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b) Foreign organizations and individuals.
2. The contract to lease bonded warehouses:
a) Bonded warehouse lease contract shall be agreed
between a bonded warehouse proprietor and a freight owner in accordance with
laws, except when that freight owner is also the bonded warehouse proprietor;
b) Lease validity and term shall be agreed between
the freight owner and bonded warehouse proprietor under the lease contract but
shall not exceed the duration of freight storage at bonded warehouses in
accordance with regulations laid down in Clause 1 Article 61 of the Customs
Law;
c) If the freight owner or the person authorized by
the freight owner fails to move their freight out of bonded warehouses within
the validity and term of lease, or the freight owner or the person authorized
by the freight owner sends a written request for freight liquidation, the
Customs Department shall liquidate commodities stored at bonded warehouses in
accordance with laws.
Article 85. Commodities stored
at bonded warehouses
1. Commodities of entities entitled to lease bonded
warehouses stipulated in Clause 1 Article 84 moving from Vietnam which have
completed customs clearance for export, commodities moving from overseas
countries which are waiting for customs clearance for entry into Vietnam or
exit to the third country shall be allowed to move into bonded warehouses for
storage.
2. Commodities coming from overseas countries which
are allowed to move into bonded warehouses for storage shall include:
a) Commodities of foreign freight owners who have
yet to enter into the sale contract with Vietnamese enterprises;
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c) Commodities coming from overseas countries which
are allowed to move into bonded warehouses for export to the third country.
3. Commodities coming from Vietnam’s inland areas
which are allowed to move into bonded warehouses for storage shall include:
a) Commodities that have been customs cleared and
are about to be exported;
b) Commodities required to be re-exported due to
the expiry of the deadline for temporary import.
4. The commodities which are not allowed to be
stored at bonded warehouses shall include:
a) Commodities detected with brand or
Vietnam-origin and name frauds or counterfeits;
b) Commodities which are dangerous for human beings
or cause environmental pollution;
c) Commodities subject to a ban on export, import,
temporary suspension from export, import, unless otherwise permitted by the
Prime Minister.
Besides commodities stipulated at Point a, b and c
Clause 4 of this Article, depending on the turnover of import and export in
each period, the Prime Minister shall make a decision on the list of imported
commodities that are not allowed to be stored at bonded warehouses.
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1. Commodities stored or managed at bonded
warehouses must conform to the contract to lease bonded warehouses; specialized
bonded warehouses shall only be used to store commodities provided that they
conform to permitted storage conditions of such warehouses.
2. Commodities moving in or out of bonded
warehouses must follow customs procedures as required by laws. Especially for
commodities such as machinery, equipment or other commodities coming from
inland areas which are moved in bonded warehouses to serve the purpose of
packaging, classification and maintenance, the freight owner or person
authorized by the freight owner can choose not to carry out customs
formalities, but is required to send a detailed notification to the Customs
Sub-department in charge of bonded warehouses with the aim of carrying out
customs monitoring activities.
3. Necessary equipment, information technology
shall be used to manage commodities moving in or out of bonded warehouses, and
information about current status of commodities and operation of bonded
warehouses shall be provided through the information technology facilities
connected with customs authorities.
4. If the bonded warehouse proprietor wishes to
destroy the commodity which is broken, damaged, decrease their quality, or
exceeds its expiry date during storage, that proprietor must reach an agreement
with the freight owner or legal representative of the freight owner on such
destruction. The agreement shall be sent to the Customs Department where the
bonded warehouse is located for the purpose of carry out the customs
monitoring. The freight owner or bonded warehouse proprietor shall be held
responsible for carrying out such destruction and liable for destruction costs
in accordance with laws.
Article 87. Customs
supervision to be carried out for bonded warehouses
1. Transports, commodities moved in or out of
bonded warehouses and services carried out at bonded warehouses must be put
under customs examination and supervision. Customs authorities shall take into
account types of commodities stored at bonded warehouses, bonded warehouse
operations and the bonded warehouse proprietor’s compliance with laws to apply
proper supervisory measures.
2. Before carrying out such services as package
reinforcement, splitting or repackaging; consolidation; freight classification
and maintenance as well as freight sampling at bonded warehouses, the freight
owner or bonded warehouse proprietor must send a prior notice to the Customs
Sub-department in charge of that bonded warehouse in order to request their
customs monitoring or supervision.
3. Commodities conveyed from the border checkpoint
to the bonded warehouse and in an opposite direction, or from the bonded
warehouse to other venues for completing customs procedures located outside of
the border gate and in an opposite direction, must follow customs procedures
and put under customs examination and supervision carried out by customs
authorities.
Article 88. Customs procedures
for shipments that move in or out of bonded warehouses
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2. If a shipment is moved from a bonded warehouse
to overseas countries or inland areas, or to free trade zones, the freight
owner or authorized person of the freight owner is required to submit the
customs declaration for commodities moved out of this bonded warehouse to the
in-charge Customs Sub-department. If commodities are imported into Vietnam,
customs procedures are the same as those for commodities imported from overseas
countries in the equivalent form of importation; the time of actual commodity
importation is the time when customs authorities confirm that such commodities
have been moved out of the bonded warehouse.
Commodities stored at the bonded warehouse which
are considered as those required to be re-exported under the decision made by
competent regulatory agencies shall not be allowed to re-enter into the
Vietnam’s market.
3. Shipments from the port of arrival to the bonded
warehouse; shipments from the bonded warehouse to the port of departure;
shipments from inland areas to the bonded warehouse and in an opposite
direction, must follow customs procedures the same as those for cargos under
customs supervision, except when shipments have gone through customs procedures
for commodities exported from inland areas, or have opened combined transport
bill of lading for import customs procedures.
4. The Minister of Finance shall provide guidance
on customs procedures, or customs examination, supervision procedures for
commodities moved in or out of bonded warehouses, and on dealing with any
commodity that remains at such bonded warehouses though the permitted deadline
has expired.
Section 2: CONTAINER FREIGHT
STATIONS (CFS)
Article 89. Establishment of
inland CFS
1. Requirements for establishment of the CFS
Proposed site for establishment of the CFS must
meet the following requirements:
a) Proposed site for establishment of the CFS must
be located in areas stipulated in Clause 1 Article 62 of the Customs Law;
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c) Container freight station must cover a minimum
area of 1,000 m2, exclusive of yards and auxiliary facilities;
d) Working facilities for customs authorities such
as offices, cargo examination areas or areas where equipment items used for
customs examination are installed and secure storage facilities for exhibits
must conform to regulatory standards;
dd) Washhouses or storage yards must have fences or
walls to keep them separated from surrounding areas and must be equipped with
surveillance cameras which meet the standards set by customs authorities;
e) Commodities moved in or out of warehouses or
storage yards must be managed by means of computers and then such computers
must be connected with the surveillance system of customs authorities.
2. Establishment documentation:
a) Application form issued by the Ministry of
Finance: 01 original;
b) Technical and economic evaluation: 01 copy;
c) The title to land: 01 copy;
d) Business Registration Certificate in which
warehouse or storage facility operations are defined: 01 copy.
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a) Enterprises shall submit required documents in
accordance with regulations laid down in Clause 2 of this Article to the
Customs Department at provincial, inter-provincial or municipal levels;
b) Within a period of 10 working days of receipt of
sufficient documents from enterprises, the Customs Department at provincial or
municipal levels must complete customs inspection or verification of documents,
warehouses and storage facilities. If enterprises prove that they are eligible
for establishment, the Customs Department shall send a report to and request
the General Department of Customs to consider making a decision to establish
the CFS;
c) Within a period of 07 working days of receipt of
such report from the Customs Department at provincial, municipal levels
enclosed with the documentation submitted to apply for establishment of customs
inspection points, the Director of the General Department of Customs shall make
a decision to establish the CFS or respond in writing to the Customs Department
at provincial or municipal levels and to enterprises in case they have not met
regulatory requirements.
As for the CFS located inside of seaports, inland
ports of arrival or departure of cargos, enterprises are not required to follow
establishment procedures in accordance with Clause 2 and 3 of this Article.
Before bringing a CFS into operation, enterprises must send a prior notice to
the Customs Sub-department at seaports, inland ports of arrival or departure.
4. With respect to enterprises who wish to narrow
or expand, transfer the right to own or relocate the CFS, if they meet
requirements stipulated in Clause 1 of this Article, they can file their
applications to the Customs Department at provincial, municipal levels,
including the following documents:
a) Written application for relocating, expanding or
narrowing the CFS: 01 original;
b) Site plan of warehouses or storage yards that
need to be relocated, expanded or narrowed: 01 copy;
c) Documents proving the right to use warehouses,
storage yards for such relocation or expansion: 01 copy.
Processes or procedures for such relocation,
expansion or narrowing activities shall be the same as these for establishment
of the CFS in accordance with regulations laid down in Clause 3 of this
Article. Especially for the expansion or narrowing of the CFS, the Director of
the Customs Department at provincial or municipal levels shall have authority
to make his/her decision on these activities.
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6. Termination of CFS operations shall occur if:
a) The Customs Department at provincial,
inter-provincial or municipal levels shall make a written request for
termination of CFS operations when verifying that requirements for customs
examination or supervision and establishment as prescribed in Clause 1 of this
Article are not met;
b) Enterprise’s written application for such
termination;
c) Enterprises fail to bring their bonded
warehouses into operation within a permitted period of 06 months from the
effective date of establishment decision, for which no sound reasons are
stated;
d) Within one year, enterprises have committed
administrative violations against regulations on management of CFS 3 times, and
have paid each monetary penalty for an administrative violation equal to an
amount beyond the delegated authority of the Director of the Customs
Sub-department.
Article 90. Services to be
carried out at the CFS
1. Wrapping, repackaging, handling or re-handling
of cargos before export.
2. In-transit, transshipped cargos moved in the CFS
located inside ports for the purpose of container splitting or consolidation of
cargos into one container or consolidation of cargos into Vietnam’s exported
shipments.
3. Deconsolidation of imported shipments before
completion of import customs procedures, or consolidation of less container
load shipments into another shipments for export to a third country.
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Article 91. Customs management
and supervision
1. If exported or imported cargos stored at the CFS
are not moved out of the CFS before the specified deadline stipulated in Clause
3 Article 61 of the Customs Law, this violation shall be handled in accordance
with Article 57 of the Customs Law.
2. CFS, cargos stored at the CFS and operations or
services to be carried out at the CFS must be put under customs examination and
supervision.
3. Commodities conveyed from the border checkpoint
to the CFS located outside of bordergates and in an opposite direction, or from
the CFS to other venues for completing customs procedures located outside of
border gates and in an opposite direction, must follow customs procedures and
put under customs examination and supervision carried out by customs
authorities.
4. Customs supervision of cargos stored at the CFS
shall conform to regulations laid down in Section 3 Chapter III of the Customs
Law.
Section 3: DUTY-SUSPENSION
WAREHOUSES
Article 92. Procedures for
establishment of duty-suspension warehouses
1. An enterprise shall be recognized as an
enterprise who is given priority to establish the duty-suspension warehouse
when the following requirements are met:
a) Such enterprise must have accounting record
system and apply information technology in conformity with standards set by
regulatory agencies to serve the purpose of monitoring, managing commodities
which are received, dispatched, stored or inventoried in the duty-suspension
warehouse;
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2. Enterprises who gain the export turnover of USD
40 million or more shall be eligible for establishment of the duty-suspension
warehouse and, in addition to requirements stipulated at Point a Clause 1 of
this Article, must conform to the following requirements:
a) They must achieve experience in exportation
activities in more than 2 consecutive years without committing any violations
against the law on customs and taxation;
b) They must comply with the law on accounting and
statistics;
c) They must make payments via banks in accordance
with laws.
3. Documentation that must be submitted to apply
for establishment of the duty-suspension warehouse
Enterprises specialized in production of
commodities for export who wish to establish the duty-suspension warehouse must
submit the following documents to the Customs Department where their
manufacturing facilities are located:
a) Written request for establishment of the
duty-suspension warehouse;
b) Site plan of the duty-suspension warehouse: 01
copy.
4. Within a period of 05 working days of receipt of
sufficient valid documents from enterprises, the Customs Department at
provincial or municipal levels shall proceed to:
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b) Carry out the field observation of warehouses
and storage yards;
c) Submit a report, proposal and all necessary
documentation to the General Department of Customs.
5. Within a period of 07 working days of receipt of
sufficient documents submitted to apply for establishment of the
duty-suspension warehouse from the Customs Department at provincial, municipal
levels, the Director of the General Department of Customs shall make a decision
to establish the duty-suspension warehouse if requirements stipulated in Clause
1, 2 of this Article are met.
Article 93. Customs procedures
for raw materials or inputs moved in or out of the duty-suspension warehouse
1. Customs procedures for raw materials or inputs
moved in or out of the duty-suspension warehouse shall be the same as those for
imported commodities used for production of exported commodities, but shall be
different in terms of tax payment procedures.
2. Commodities moved in the duty-suspension
warehouse shall only be used for production of commodities for the
duty-suspension warehouse proprietor’s export.
3. When using raw materials or inputs for
manufacturing activities, enterprises must carry out management and monitoring
process in accordance with the law on accounting and statistics.
Article 94. Examination and
supervision of the duty-suspension warehouse
1. Customs authorities shall conduct annual
examination of management of the duty-suspension warehouse carried out by
enterprises. The following matters shall be examined:
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b) Actual quantity of in-stock commodities, actual
in-stock commodity quantity compared with the quantity recorded in accounting
books, tracking records, and status reports on enterprise’s use of raw
materials.
2. Handling of the examination result:
a) If enterprises fail to fulfill requirements
stipulated in Clause 1 Article 92 hereof, or commodities stored at the
duty-suspension warehouse are those that are not used for production of
commodities for export, this case shall be handled in accordance with laws;
b) If enterprises fail to comply with the
accounting regime or import or export tracking records; goods receipt or
dispatch, depending on the severity of violations, these violations shall be
handled under legal regulations;
c) If the examiner comes to the conclusion that the
actual quantity of in-stock commodities have not matched the in-stock commodity
quantity recorded in accounting books or tracking records and status reports on
enterprise’s use of raw materials, such violation shall be handled depending on
its severity.
3. Unnotified inspection of raw material and input
inventory:
In the course of monitoring utilization of raw
materials or inputs stored at the duty-suspension warehouse, if customs
authorities conclude that enterprises import a large amount of duty-suspended
raw materials or inputs but the quantity of products remain fewer than the
proposed quantity registered with customs authorities, or keep sufficient
information about enterprise’s sale of duty-suspended raw materials or inputs
in the domestic market, they shall conduct the examination of the quantity of
in-stock raw materials or inputs in order to identify such enterprise's
violations and have them handled under legal regulations.
4. Enterprises who operate the duty-suspension
warehouse shall take responsibility to manage that warehouse; closely
collaborate with customs authorities in carrying out customs examination and
supervision of that warehouse.
Article 95. Reporting regime
for use of raw materials or inputs at the duty-suspension warehouse
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2. At the end of planning year (on December 31
every year) or on January 31 of the subsequent year at the latest, enterprises
must make a report in accordance with regulations laid down at Point dd Clause
2 Article 63 of the Customs Law and according to the form issued by the
Ministry of Finance.
Enterprises that operate the duty-suspension
warehouse shall be responsible for the accuracy and sufficiency of their status
report on use of raw materials or inputs stored at that warehouse.
Article 96. Handling of
damaged or quality-degraded raw materials or inputs stored at the
duty-suspension warehouse
Damaged or quality-degraded raw materials or inputs
stored at the duty-suspension warehouse, or those that fail to meet
manufacturing standards shall be subject to re-export or destruction. Customs
procedures for re-export shall be the same as those for commodities which have
been imported but forced to be re-exported. Procedures for commodity
destruction:
1. Enterprises shall send a written notice to the
Customs Department in charge of the duty-suspension warehouse in which reasons
for such destruction, name, types and quantity of raw materials, inputs, and
import customs declarations (number and date) must be clearly stated.
2. Enterprises shall be solely responsible for
carrying out such destruction. The destruction shall be carried out under the
customs supervision of customs authorities and environment protection agencies
if such commodities are under their management in accordance with legal
regulations on the environment protection.
3. Upon completion of such destruction, the record
on such destruction must be established with full names and signatures of
destruction supervisors.
4. The import duty and value-added tax on imported
raw materials or inputs, whilst being destroyed, shall not be imposed.
Chapter VI
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Article 97. Customs post-clearance
examination that takes place at customs authorities’ offices
1. With regard to customs documentation completed
in accordance with regulations laid down in Clause 1, 2 Article 78 of the
Customs Law, the Director of the Customs Department at provincial,
inter-provincial or centrally-affiliated municipal levels, and the Director of
the Customs Sub-department, shall take a decision to carry out customs
post-clearance examination that takes place at customs authorities’ offices. In
case the quantity of cargos is large and types of cargos are complicated as
well as there is a risk concerning taxation, the Director of the Customs
Department at provincial or municipal levels shall grant the Decision to carry
out customs post-clearance examination that takes place at customs declarants'
offices.
2. The Ministry of Finance shall provide guidance
on customs post-clearance examination that takes place at the customs
authorities’ offices.
Article 98. Customs post-clearance
examination that takes place at customs declarants’ offices
1. Customs post-clearance examination that takes
place at customs declarants’ offices shall be applicable to the cases regulated
in Article 78 of the Customs Law, except for customs documentation that has
been examined in accordance with regulations laid down in Clause 1 Article 97
hereof.
2. Authority to decide customs post-clearance
examination for the purpose of assessing customs declarants’ compliance with
laws:
a) The Director of the General Department of
Customs shall have authority to decide customs post-clearance examination that
focuses on priority-given enterprises, enterprises executing national important
projects, incorporations or corporations that operate their export production
facilities, import or export branches located at various areas;
b) The Director of the Customs Department at
provincial, inter-provincial or centrally-affiliated municipal levels shall
carry out customs post-clearance examination to assess compliance with laws
which focuses on enterprises' offices located under their jurisdiction;
c) The Director of the Customs Post-clearance
Examination Department shall take a decision on customs post-clearance
examination which focuses on enterprises other than those stipulated at Point
a, b of this Clause.
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a) The Director of the Customs Department at
provincial, inter-provincial and centrally-affiliated municipal levels shall
decide to examine customs declarants who have completed customs procedures
within the jurisdiction of the Customs Department at provincial,
inter-provincial or municipal levels;
b) The Director of the Customs Post-clearance
Examination shall decide customs post-clearance examination that takes place
across the nation.
4. Within a period of 05 working days from the date
on which such examination is completed, the leader of the examination team
shall put their signatures to the examination record. Within a period of 05
days from the signing date of such examination record, customs declarants shall
complete any explanation (when applicable).
5. Within 15 days upon completion of such
examination, the person who makes decision on the examination must put his/her
signature to the examination conclusion and then send it through to customs
declarants.
6. If the examination conclusion needs professional
advice from competent regulatory agencies, and customs authorities have not had
sufficient grounds for any conclusion, the permitted period of issuing the
examination conclusion shall be 15 days from the date when competent authority
agencies’ advice is obtained. Competent specialized agencies must give their
advice within a permitted period of 30 days from the date on which customs
authorities' requests have been obtained.
By the end of the permitted period of 30 days, if
competent specialized agencies have no written advice, customs authorities
shall issue the examination conclusion.
Article 99. Amendment,
supplementation, temporary suspension, cancellation to be carried out towards
the decision on customs post-clearance examination
1. The issuer of the decision on customs
post-clearance examination shall consider any amendment or supplementation to
the decision on customs post-clearance examination if:
a) There is a change to examination team members,
time, examination scope and contents:
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2. The issuer of the decision on customs
post-clearance examination shall consider the temporary suspension of the
decision on customs post-clearance examination if:
a) Customs declarants are being inspected or investigated
by taxation, investigation, State audit or police authorities;
b) Customs declarants are not able to adhere to the
examination decision due to unexpected events.
3. The issuer of the decision on customs
post-clearance examination shall decide to cancel the decision on customs
post-clearance examination if customs declarants have made a getaway, or have
been dissolved, bankrupted, lost, ceased operations and other events that cause
customs authorities to fail to implement their examination decision. The
decision to cancel the decision on customs post-clearance examination must give
clear reasons for such cancellation.
Article 100. Handling of the
result of the customs post-clearance examination
1. In case the Director of the Customs
Sub-department has issued the decision on customs post-clearance examination,
(s)he is responsible for:
a) Issuing the decision on imposition of taxes;
b) Issuing the administrative decision on taxes and
customs activities in accordance with legal regulations;
c) Collecting taxes and encouraging customs
declarants to pay taxes under decisions on tax imposition and extra amount of
money for their late tax payment (when applicable) in accordance with laws;
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dd) Pleading a criminal case in accordance with the
law on criminal procedures;
e) Keeping track of and inputting data into the
accounting system.
2. In case the Director of the Customs Department
at provincial, inter-provincial or centrally-affiliated municipal levels has
issued the decision on customs post-clearance examination, (s)he is responsible
for:
a) Issuing the decision on imposition of taxes;
b) Issuing the administrative decision on taxes and
customs activities in accordance with legal regulations;
c) Issuing the decision and implementing the
enforcement in accordance with laws;
d) Pleading a criminal case in accordance with the
law on criminal procedures;
dd) Collecting taxes and encouraging customs
declarants to pay taxes under decisions on tax imposition and extra amount of
money for their late tax payment (when applicable) in accordance with laws;
e) Keeping track of and inputting data into the
accounting system.
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a) Issuing the decision on imposition of taxes;
b) Issuing the administrative decision on taxes and
customs activities in accordance with legal regulations;
c) Issuing the decision and implementing the
enforcement in accordance with laws;
d) Collecting taxes
and encouraging customs declarants to pay taxes under decisions on tax
imposition and extra amount of money for their late tax payment (when applicable) in accordance with laws;
dd) Assigning competent person to plead a criminal
case in accordance with the law on criminal procedures;
e) Keeping track of and inputting data into the
accounting system.
4. In case the Director of the Customs
Post-clearance Department has issued the decision on customs post-clearance
examination, (s)he is responsible for:
a) Issuing the administrative decision on taxes and
customs activities in accordance with legal regulations;
b) Collecting taxes and encouraging customs
declarants to pay taxes under decisions on tax imposition and extra amount of
money for their late tax payment (when applicable) in accordance with laws;
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d) Pleading a criminal case in accordance with the
law on criminal procedures;
dd) Keeping track of and inputting data into the
accounting system;
e) Requesting the General Department of Customs to
issue the decision on imposition of tax.
Chapter VII
PROFESSIONAL CUSTOMS
CONTROL METHODS
Article
101. Professional customs control methods
1. Professional customs control methods shall
include:
a) Mobilize the public to get involved in
preventing or combating smuggling or illicit transportation of commodities
across borders;
b) Carry out the customs patrol;
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d) Collect and study information about any
individual who shows the sign of smuggling, illicit transportation of
commodities across borders;
dd) Collect and deal with domestic or foreign
information concerning customs operations. Send government cadres or officials
abroad to verify, collect information and materials in accordance with
Vietnam's laws and international agreements to which the Socialist Republic of
Vietnam is a signatory;
e) Select, organize and use employees who are not
in the payroll of customs authorities in order to perform tasks of preventing
and combating smuggling and illicit transportation of commodities across
borders;
g) Assign customs officers to examine, supervise
and monitor activities of smugglers or illegal carrier of commodities across
borders;
h) Use dedicated equipment or techniques in
accordance with laws in order to perform tasks of examining, supervising and
monitoring activities of smugglers or illegal carrier of commodities across
borders.
2. Customs authorities shall use combined
professional methods of customs control, and dedicated transports or technical
equipment for preventing and combating smuggling and illicit transportation of
commodities across borders.
3. The Ministry of Finance shall stipulate benefit
or supportive policies in order to ensure that professional customs control
methods prescribed in this Article shall be applied.
Article
102. Customs patrol
1. Customs authorities shall be responsible for
organizing personnel and preparing transports for customs patrol methods within
their customs areas in order to preventing and combating smuggling and illicit
transportation of commodities across borders.
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a) Use warning lights, flags, flares, loudspeakers
or whistles;
b) Stop and search transports and cargos loaded on
transports to find out any sign of violations against the customs law;
c) Carry out frisk search and search transports or
items in accordance with the law on handling of administrative violations;
d) Detain persons or impound exhibits or transports
that committing violations in accordance with the Law on Handling of
administrative violations;
dd) If customs control team any transport that
shows the sign of violations against laws whilst performing the task of
patrolling inland waterway areas or territorial waters, they can send a warning
signal to stop transports for examination in accordance with the Vietnam’s Law
of the Sea. If the search is required for a violation against laws, transports
must be brought back to ports or anchoring site in order to ensure safety for
this search. The search must be carried out in accordance with the law on handling
of administrative violations.
After finishing the examination, customs
authorities must make a record on this. Each of the transport owner or operator
shall keep 01 copy.
Article 103. Temporary
cessation of departure and transport stopping
1. Departure of transports shall be temporarily
ceased and transports shall be stopped if:
a) Customs authorities receive a report on acts of
smuggling, illicit transportation of commodities across borders, and verify
that such report is reliable;
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c) Customs authorities receive information reported
from customs authorities of different countries on acts of smuggling or illicit
transportation of commodities across borders;
d) In the course of customs patrol or control,
customs authorities have found out that transports show the sign of smuggling
or illicit transportation of commodities across borders ;
dd) Cargo transports, though they are going through
customs procedures, or cargos have yet to be customs cleared or released,
intentionally move out of customs areas;
e) There are reasonable grounds that transports are
carrying illegal commodities or show other violations against customs
regulations.
2. Authority to carry out temporary cessation of
departure and transport stopping
a) The Director of the Customs Sub-department, the
Leader of the Customs Control Team affiliated to the Customs Department at
provincial, inter-provincial or municipal levels, the Leader of the Smuggling
Control Team affiliated to the Smuggling Investigation and Prevention
Department shall be vested authority to stop or delay the departure of
transports within customs areas.
In case there are reasonable grounds that, unless
such transports have been stopped, exhibits, materials or transports may
intentionally vanish or be destroyed, customs officials whilst on duty shall
have authority to stop these transports for search and immediately report this
to competent persons as stipulated in this Clause;
b) The Leader of the Marine Control Team affiliated
to the Smuggling Investigation and Prevention Department, the Leader of the
Customs Control Team affiliated to the Customs Department at provincial,
inter-provincial or municipal levels, shall have authority to stop or delay the
departure of transports at inland waterway areas or territorial waters in
conformity with regulations enshrined in the Vietnam's Law of the Sea.
3. When stopping transports, customs officials
shall be entitled to use warning lights, flags, flares, loudspeakers or
whistles.
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4. Persons who make a decision temporary cessation
of departure and transport stopping shall be held legally responsible for such
decision.
Article 104. Chasing of
transports, commodities smuggled or illegally carried across borders
1. In case there is clear evidence that commodities
smuggled or illegally carried across borders, or transports used for smuggling
and illegally carrying commodities across borders are moving out of customs
areas, customs authorities shall continue to chase to prevent or handle these
illegal activities in accordance with laws.
2. The Director of the Customs Sub-department, the
Leader of the Customs Control Team affiliated to the Customs Department at
provincial, inter-provincial or centrally-affiliated municipal levels, the
Leader of the Smuggling Control Team or the Leader of Marine Control Team
affiliated to the Smuggling Investigation and Prevention Department shall be
vested authority to decide such chase.
In case there are reasonable grounds that, unless
such chase have occurred, transports, commodities that are smuggled or
illegally carried across borders may intentionally vanish or be destroyed,
customs officials whilst on duty shall have authority to carry out a chase and
then report this to competent persons as prescribed in this Clause.
3. When chasing transports, commodities smuggled or
illegally carried across borders, customs officials stipulated in Clause 2 of
this Article shall be entitled to stop transports.
4. Chasing and stopping transports, commodities
smuggled or illegally carried across borders must be reported to the police
authority, border guard, coastguard and market management team in the area in
order to collaborate and concurrently apply preventive or controlling measures
in accordance with laws.
Chapter VIII
CUSTOMS INFORMATION
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Customs information shall be composed of:
1. Information obtained from professional customs
operations:
a) Information included in the customs documentation
relating to exported, imported, incoming, outgoing or in-transit cargos or
transports;
b) Professional customs information obtained from
the process of customs examination, supervision and control relating to
exported, imported, incoming, outgoing or in-transit cargos or transports.
2. Information from relevant Ministries or
Ministerial-level agencies:
a) Information relating to the policy on management
of products, exported, imported, in-transit goods, and outgoing, incoming and
in-transit transports within their specialized management scope;
b) Information relating to the certification of
exported, imported, outgoing, incoming or in-transit goods or transports;
c) Information relating to handling of violations
that organizations or individuals involved in export or import transactions may
commit.
3. Information relating to organizations or
individuals involved in production activities and export, import, entry, exit
or transit activities:
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b) Information relating to production, business,
export, import, entry, exit or transit activities;
c) Information relating to the compliance with laws
on customs, taxation, accounting and statistics;
d) Information relating to export, import, entry,
exit, transit activities performed by organizations or individuals.
4. Other information relating to customs-related
state management activities.
Article 106. Customs
authorities’ responsibility for collecting and providing information
1. Responsibility for collecting and providing
information shall be assumed by customs authorities as follows:
a) Receive and deal with customs information
through the supply, exchange, connection and sharing of information with
regulatory agencies, organizations, individuals pertaining to the customs
sector;
b) Apply other necessary professional measures to
collect information relating to goods, transports, organizations or individuals
involved in export, import, entry, exit and transit activities.
2. Customs authorities shall be responsible for
providing the following customs information:
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b) Rights and obligations of customs declarants;
c) Customs information provided for judicial
agencies or other regulatory agencies;
d) Customs statistical data and information
stipulated by the law on statistics;
dd) In case data or figures included in the customs
documentation that customs declarants have submitted are required to be
restored due to unexpected events, customs authorities shall provide
information relating to such customs documentation for these customs
declarants.
Article 107. Regulatory
agencies’ responsibility for providing information
1. Ministries, Ministerial-level, judicial
agencies, within their delegated powers and assigned duties, shall be
responsible for providing the following information for customs authorities:
a) Information relating to the policy on management
of exported, imported, in-transit goods, and outgoing, incoming and in-transit
transports, and information relating to goods within the specialized management
scope;
b) Information relating to the certification of
exported, imported or in-transit goods, or outgoing, incoming or in-transit
transports;
c) Information relating to organizations or
individuals subjected to handling of violations that they commit, and the
result of handling of violations that may happen in the management of import or
export activities;
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dd) Information relating to organizations or
individuals involved in commodity export, import operations;
e) Information relating to inbound or outbound
passengers, and incoming, outgoing or transit transports.
2. The Ministry of Finance shall preside over and
collaborate with Ministries, Ministerial-level agencies or judicial agencies in
providing specific regulations on customs information exchange and supply.
Article 108. Responsibility
of organizations or individuals involved in customs-related state management
for providing information
1. Pursuant to regulations enshrined in the Law on
Credit Institutions, credit institutions shall be responsible for providing
information for customs authorities in order to assist collection, handling of
information, customs examination, inspection, and investigation, verification
and handling of acts of smuggling and illegally carrying commodities across
borders as follows:
a) Records, information on transactions in payments
for exports, imports, and payment of import and export taxes through bank
accounts opened by customs declarants; information relating to the guarantee
sum that the bank offers to tax payers at the request of customs authorities;
b) Documents, records, information relating to
current accounts, duplicates of detailed accounting records on current
accounts, duplicates of documentation of organizations or individuals proving
that international, domestic or cross-border payments have been made via banks
at the request of customs authorities.
2. Insurance organizations shall be obligated to
provide records or materials relating to insurance transactions at the request
of customs authorities in order to assist them in customs examination,
inspection, and investigation, verification and handling of acts of smuggling
and illegally carrying commodities across borders.
3. Organizations or individuals who are business
partners or clients of customs declarants shall be responsible for providing
information relating to export, import activities of customs declarants at the
request of customs authorities.
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5. Trade associations shall be responsible for
providing information relating to export contracts signed by customs declarants
in case the law stipulates that these trade associations can confirm these
export contracts before completing customs procedures at the request of customs
authorities.
Article 109. Forms of
information provision
1. Customs information shall be provided or
exchanged in the form of a document or electronic data. The legal value of
customs information provided in the form of electronic data shall be stipulated
by the Law on Electronic Transactions.
2. Exchanging and providing customs information in
the form of electronic data shall be carried out through computer connection
system or mobile network system in the form of an electronic mail or text
message sent from addresses or phone numbers that customs authorities have
officially announced.
Chapter IX
IMPLEMENTARY PROVISIONS
Article 110. Effect
1. This Decree shall take effect from March 15,
2015.
2. This Decree shall replace the Decree No.
154/2005/ND-CP dated December 15, 2005 on providing specific regulations on
implementation of several articles of the Customs Law in terms of customs
procedures, examination and supervision; the Decree No. 87/2012/ND-CP dated
October 23, 2012 on providing specific regulations on implementation of several
articles of the Customs Law in terms of electronic customs procedures for
commercial exports or imports; the Decree No. 66/2002/ND-CP dated July 01, 2002
on providing regulations on duty-free limits on luggage of outbound or inbound
persons, imported gifts or presents; the Decree No. 06/2003/ND-CP dated January
22, 2003 on providing regulations on classification of exports or imports; the
Decree No. 40/2007/ND-CP dated March 16, 2007 on providing regulations on
customs valuation of exported or imported goods.
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Article
111. Implementation
1. The Ministry of Finance shall provide guidance
on implementing articles or provisions enshrined in this Decree.
2. Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, Presidents of the People’s Committees of centrally-affiliated
provinces or cities shall take responsibility to enforce this Decree ./.
PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung