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THE
MINISTRY OF FINANCE
THE GENERAL DEPARTMENT OF CUSTOM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.:
1582/QD-TCHQ
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Hanoi,
August 29, 2006
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DECISION
ON PROMULGATION OF CUSTOMS PROCEDURES APPLICABLE FOR VESSELS
ON EXIST, ENTRY, TRANSIT, TRANSPORT
HEAD OF CUSTOMS GENERAL DEPARTMENT
Pursuant to Law on Customs
dated June 29, 2001 and Law on Amending of and Supplement to a Number of
Articles of Law on Customs dated June 14, 2005;
Pursuant to Decree No. 96/2002/QD-CP of the Government dated November 19, 2002
Providing Function, Duties, Powers and structural organization of General
Customs Department ;
Pursuant to Decree No. 154/2005/ND-CP of the Government dated December 15, 2005
Providing Guidelines for a number of articles of Law on Customs with respect to
Customary Procedures, Inspection, Supervision and Decree No. 71/2006/ND-CP of
the Government dated July 25, 2006 on Management of Seaports and Marine
Channels;
Pursuant to Circular No. 112/2005/TT-BTC of the Ministry of Finance dated
December 15, 2005 Providing Guidelines on Customary Procedures, Inspection and
Supervision;
Pursuant to Official Letter No. 1439/CHHVN-PC of Vietnam Marine Department
under Ministry of Transportation Regarding Form for Declaration of Goods;
At proposal of Chief of Customs Management Supervision,
DECIDES
Article 1:
To promulgate in conjunction to this Decision Customary Procedures Applicable
for Vessels on exist, entry, transit, transport.
Article 2:
This Decision shall take effect after 15 days following the execution
hereof.
Article 3:
Head of Customs Department of Provinces and Cities, Head of Departments that
are under the management of General Customs Department shall be responsible for
the implementation hereof./.
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Recipients:
- As stated in Article 3;
- Ministry of Finance: for reporting;
- Department of Marine
(Ministry of Transportation): for coordinating;
- Boundary Command (Ministry of Defense): Id.;
- Department of Marine Police, Marine Command (Ministry of Defense): Id.;
- Filing, GSQL (5 sets).
FOR AND ON
BEHALF OF THE HEAD
OF GENERAL CUSTOMS DEPARTMENT
DEPUTY HEAD
Dang Hanh Thu
CUSTOMARY PROCEDURES
FOR VESSELS ON EXIST, ENTRY, TRANSHIP, TRANSPORT
(Promulgated in conjunction with Decision No. 1582 /QD-TCHQ dated August 29,
2006)
1. Time limit for conducting
of procedures for vessels on exist, entry by its captains or legal
representative (collectively referred to as Captain) and port’s customs
department (hereinafter referred to as Port Customs):
a) For vessels on entry:
- At the latest of 2 hours
after the vessels have safely anchored at positions instructed by the Port
Director.
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b) For vessels on exist:
- At the latest of 2 hours
prior to departure.
- For vessels specialized for
passenger transport and liners, the latest time shall be the time immediately
prior to departure.
c) The above time limit may be
changed due to reasonable reasons provided that a written notice must be sent
in advance to the Port Customs by the Captain.
d) In cases the vessels (temporarily)
stay at the port for less than 12 hours, the Captains shall be obliged to
report to port authority for the purposes of coordinating with relevant
authorities to complete procedures for vessels’ entry and exist on the same
time.
2. Places for conducting
procedures:
Save for provisions at
point (b) of Article 27.2 of Decree 71/2006/ND-CP of the Government, places for
conducting of customs procedures shall be the head offices or representative
offices of port’s authorities.
3. The customs offices
have to supervise and inspect to ensure that the Captains proceed goods
handling in line with declaration of goods on import, transit, transport (if
any) after completion of required entry procedures (including for vessels that
are on entry, transit, transport), loading of export goods that have been
undergone customary procedures.
4. Contents of Import
Goods Declaration:
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b) Amendment and adjustment to
goods declaration shall be carried out in accordance with point 3 of Art. 42 of
Decree No. 154/2005/ND-CP of the Government dated December 15, 2005; of which
items on name and address of recipients, name of goods and quantity thereof
must not affect in any respect to the compliance of tax regulations, policies
on management of import, export goods and are approved by the head of customs
sub-department at place where the procedures is conducted.
Application for amendments and
adjustment to goods declaration is composed of:
- Telefax of vessels’ owner or
agency of foreign vessels (copy of English version and Vietnamese translation:
01 set) confirming the adjustment items;
- Request for amendment or
adjustment of vessels’ owner or owner’s agency;
- Power of attorney established
by the vessels’ owner or owner’s agency authorized other persons for working
with Customs offices in connection with amendment or adjustment of goods
declaration;
- Bills of lading that are
subject to be adjusted (if any);
5. Declaration of luggage,
merchandise of crew, passengers shall be conducted as follows:
a) For crew’s luggage: luggage
of all crew may be declared in one declaration of crew’s luggage;
For
merchandise: merchandise of each crew member must be separately declared in
declaration of non-commercial import, export goods form.
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6. Customs procedures for
specialized port:
Specialized ports (as announced
by Department of Marine or the Ministry of Transportation) are private ports of
companies used for export, import of goods of such companies. With respect of
customs procedures, specialized ports are considered to be a location for
inspection of export, import goods, exist and entry transportation means on
river, gulfs or on the sea (for quay, sub-port under sea oil mine).
7. Inspection and
supervision at the opened port of Cat Lai shall be in accordance with Decision
No. 37/2006/QD-TTg of the Prime Minister date February 10, 2006 promulgating of
pilot regulations for opened port of Cat Lai under Tan Cang Sai Gon
Company.
8. Responsibilities of port customs:
a) Being responsible to
coordinate with port authority for receiving of online data or in hard copy
with regard to arrival and departure time, place of anchoring, loading and
unloading of goods.
b) Port customs shall be
responsible to coordinate with port companies for implementation of the
following:
b1) Receiving of detailed
information regarding arrangement of each types of goods within the port
submitted by the companies.
b2) Coordinating with
companies for arrangement of working, inspection, checking space. Supporting
with facilitating for inspection, supervision of vessels on exist, entry,
transit, transport and import, export goods.
b3) Advising companies in
connection with managing, keeping import, export goods intact and stored in warehouse
or port yard; Only allowing imported goods that have undergone customs
procedures move out the port gate supervised by customs officer.
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- Imported goods that are
unloading to warehouse or port ground.
- Loading of export goods.
- Broken goods, surplus goods
(accompanied with minutes).
- Imported goods that have not
undergone customs procedures during a required period.
- Unaccepted goods that are
stored at the port.
- Goods that are subject to
mistakes of wrong container number, wrong seal number, seal breaking, seal
losing (underlined with minutes).
For those companies that have
yet net up with port customs’ system, customs shall send written request
advising the companies prior to 15th day of each month to submit to
port customs aforementioned information of the previous month.
c) Where there are evidences of
violating of customs regulations on exist, entry, transit, transport; hiding or
transporting illegal merchandise, head of customs sub-department shall make
decision on inspection such vessels in accordance with Article 51.3 of Law on
Custom and other relevant regulations.
d) With respect to port customs
that already apply vessels distance declaration, those offices shall keep on
implementing and perfecting such procedures.
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A. VESSELS ON
ENTRY:
Stage 1: Receipt of
information in advance
1. Receiving information from
port authority as provided at point 8 Section I above.
2. Transferring information to
relevant units upon request and in accordance with instruction of head of
customs sub-department where the transportation means unload goods, risk
analysis unit, import, export procedures unit, sub-department of ex-clearance
inspection and customs inspection team.
Stage 2: Receipt of
dossier and approval for entry of vessels.
1. Advising captains to
declare and submit to customs the following documents:
a) Common declaration: 01
original;
b) Merchandise declaration
(sign and seal on first and last page): 01 original;
c) Declaration of hazardous
goods (if any): 01 original;
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đ) List of vessels crew: 01
original;
e) List of passengers (if
any): 01 copy;
g) Declaration of crew’s
luggage: 01 original.
In cases vessels contain any
merchandise for import, transit, transport, customs office shall request
captain to submit a declaration on merchandise for import, transit, transport
when carrying out procedures for entry of vessels.
Where necessary, customs
officer may request the captain to present the following documents:
a) Log book.
b) Map of merchandise arrangement.
c) Documents relating to
merchandise containing on vessels.
2. Receipt and inspecting the
above dossier.
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Stage 3: Data exchange and
filing
1. A copy of declaration of
merchandise shall be sent to customs sub-department where the vessels unload
goods, unit of risk analysis.
2. Uploading data to computer
and monitoring book.
3. Filling in accordance with
prevailing regulations
B. VESSELS ON EXIST:
Stage 1: Receipt of
information upon exist of vessels.
1. Receiving of information
from port authority as provided in point 8 Section I above.
2. Receiving of relevant
information from customary unit in charge with supervising loading of
merchandise, supply of vessels, status of vessels and crew during the stay of
vessels.
3. Transferring information to
relevant unit upon request and in accordance with instruction of head of
customs sub-department.
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1. Advising Captain to declare
and submit to port customs the following documents:
a) Common declaration: 01
original;
b) List of merchandise (sign
and seal on first and last page): 01 original;
c) Declaration on hazardous
merchandise: 01 original;
d) Declaration of vessel’s
provision: 01 original;
đ) Crew list: 01 original;
e) List of passenger (if any):
01 copy;
g) Declaration of Passenger’s
luggage (if any): 01 original.
Where necessary, customs
officer may request captain to present the following:
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b) Invoices of purchasing of
vessel’s supply.
c) Invoices for duty free
goods (as stated in the orders).
d) Other relevant documents.
Where there are no differences
in comparison to declared information upon entry, captain shall not oblige to
submit documents listed in point 1.1 except for common declaration, merchandise
declaration and list of passenger (if any).
Where there is reasonable
ground, captain may submit to supervisor of customs sub-department for delay of
submission declaration export goods within 24 hours after exist of
vessels.
2. Receipt and inspecting of
above dossier.
3. Affixing on common
declaration as provided in point 3, stage 2 Section A above.
Stage 3: Exchange of data
and filling.
1. Sending merchandise
declaration (copy) to customs sub-department where vessels departure for exist,
risk analysis unit.
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3. Filing in accordance with
prevailing regulations.
C. FOR VESSELS
ON TRANSIT:
Stage 1: Receipt of
information
1. Receiving information from
port authority as provided in point 8 Section I above.
2. Transferring information to
relevant units upon request and in accordance with instruction of head of
customs sub-department.
Stage 2: Customs
procedures
1. Advising captain to
declare, submit and present to port customs documents as provided at Stage 2,
point 1, Section A applicable for vessels on entry above.
2. Receiving and verified
customs dossier.
3. Affixing (form 1 above) on
common declaration; declaration of vessel’s provision; declaration of hazardous
goods; declaration of merchandise and luggage of crew. For merchandise
declaration, total of page, signature and seal on first and last page are
required.
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5. Sealing reservation and
merchandise hulk (if so request and to the extent permitted).
6. Uploading data to computer
or monitoring book.
7. Filing in accordance with
prevailing regulations.
Stage 3: Customs
procedures.
1. Advising captain to submit
to port customs common declaration (01 original), dossier transferred from port
customs where the vessels entered.
2. Receiving common
declaration and sealed dossier of port customs where the vessels entered from
the captain.
3. By an appropriate measure,
forthwith informing port customs where the vessels entered of status of
receiving merchandise, dossier, especially where vessels commit any illegal act
or reveal any unusual actions.
D. FOR VESSELS
ON TRANSPORT:
Stage 1: Receipt of
information
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2. Receiving relevant
information from custom unit in charge with supervising loading of merchandise
and vessel’ supply; status of the vessel and the vessel’s crew during the stay
of vessel.
3. Transferring information to
relevant unit upon request and in accordance with instruction from head of
custom sub-department.
Stage 2: Customs
procedures.
1. Requesting captain to
inform in written to head of customs sub-department of purpose and duration of
transit.
a) If there is any export
goods that has undergone customs procedures to be unloaded at the port, the
following issues shall be declared: name and address of export companies, name
of goods, number of containers, quantities of goods, number and date of export
declaration, seal of carrier, seal of customs, name of port of unload.
b) Head of customs
sub-department shall approve an authorization of carrier for other companies
that have its business line included of goods transportation for transferring
goods to the port of unload as stated on the bill of lading.
2. Receiving, affixing (form 1
above) on transport dossier submitted by captain, which shall include: common
declaration, declaration of imported goods for transport, declaration of export
goods which are loaded, declaration of transit, transship goods (if any): 01
original for each type.
3. Preparing transfer note (in
form attached hereto); sealing dossier, which shall be composed of: transfer
note, minutes on handing over of transport goods, declaration of transport
goods and delivering dossier to captain for transferring to port customs.
4. Transferring sealed
transport dossier to port customs of port of arrival.
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6. Filing in accordance with
prevailing regulations.
Stage 3: Customs procedures
at port of arrival.
1. Receiving of common
declaration, transport dossier sealed by customs.
2. Affixing (form 1 above) on
declaration of goods and transfer to customs sub-department at port of unload,
risk analysis.
3. By an appropriate measure,
forthwith informing customs of departure of receiving of goods, transport
dossier and status of transported goods; especially for cases of illegal or
unusual actions.
4. Uploading data to computer
or monitoring book;
5. Filing in accordance with
prevailing regulations.
III.
CERTAIN WORKS OF CUSTOMARY SUPERVISION APPLICABLE FOR VESSELS ON EXIST, ENTRY,
TRANSIT, TRANSPORT AND IMPORT, EXPORT GOODS.
1) Responsibilities of
Customs on Supervision of Vessels, Warehouse and Port Ground:
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b) Supervising import, export
goods during the progress of loading, unloading and storing in warehouse.
c) Carrying out customary
management on duty free goods purchased at the port in accordance with orders,
vessels supply, luggage and merchandise of crew and passenger on exist and
entry.
d) Sealing wine, beer,
tobacco, poison, and weapon warehouse (in cases quantities thereof exceeding
the limitation as provided under prevailing regulations).
đ) Receiving of and dealing
with report from port companies on status of import, export goods as provided
at point 8.b4 Section I above.
2) Responsibilities of customs
in charge with management of port gate:
a) For imported goods moved
out of port:
a1) Verifying documents
submitted by goods owner or its representative, include:
- Hand over minutes (for
transported goods).
-Import declaration that is
already undergone customs procedures/entitled to temporarily cleared in
accordance with prevailing regulations/documents of customs sub-department
supervisor allowing for moving goods out of port.
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- Decision of competent authority
for liquidated goods.
a2) Verifying container’s
number, external status, customs seal (if any). For separate shipment,
reconciling contents of customs declaration to contents of inventory out slip,
physical inspection shall only be conducted where there is illegal act, and
subject to approval of head of customs sub-department.
a3) Uploading data to computer
or monitoring. Uploaded data shall include: name and address of companies,
number and date of customs declaration, number, date of hand over minutes;
number of container, quantities of installment (for separate goods) type of
goods, date and time of exist.
b) For export goods that are
already undergone customs procedures brought into port, owner shall take its
own responsibilities in managing such goods, supervising customs shall only
verify container number and signal, quantity of installment (for separate
goods), external status, customs seal (if any), uploading data to computer or
monitoring book.
3) Carrying out other relevant
supervising works assigned./.
SCHEDULE 1
GUIDELINE FOR GOODS DECLARATION ON MANIFEST
Unaccepted
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Equipment, facility
Kitchen facilities
Industrial facilities
Automobile equipment
Equipment
Brand new automobile
facilities
Used automobile facilities
Chemically hazardous
factors
Chemically unhazardous factors
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Electronic merchandise
Electronic goods
Computer
Consumed electronic equipment,
phones, personal electronic equipment/ household electronic equipment (eg.
TV, VCR, FDA)
Equipment
Industrial facilities,
facilities for oil well, automobile, poultry, etc.
Foods
Orange
fish
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Iron
Iron pipe, iron sheet
Pump
Plastic pipe
PCV pipe
Steel pipe
Copper pipe
Waste
Waste plastic
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Waste iron
Foodstuff
Orange
mango
pineapple
canned fish
fumed pork