THE
GENERAL DEPARTMENT OF CUSTOM
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
928/QD-TCHQ
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Hanoi, May 25, 2006
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DECISION
ON
ISSUANCE OF CUSTOMS PROCEDURES FOR IMPORT AND EXPORT GOODS ON-THE-SPOT
GENERAL DIRECTOR OF CUSTOMS
Pursuant to Customs Law No.
29/2001/QH10 dated June 26, 2001 and Customs Law No 42/2005/QH11 dated June 14,
2005 on Amendment of and Supplements to certain articles of the Customs Law;
Pursuant to Decree No. 96/2002/ND-CP dated November 19, 2002 of the Government
on functions, tasks, rights and organizational structure of General Department
of Vietnam Customs;
Pursuant to Decree No. 154/2005/NĐ-CPdated December 15, 2005 of the Government
detailing the implementation of some articles of Customs Law on customs
procedures, customs inspection and control;
Pursuant to Circular No. 112/2005/TT-BTC of the Ministry of Finance
guiding customs procedures, customs inspection and control;
At the request of the Director of Supervision and Management Department,
DECIDE:
Article 1. To issue
herewith the customs procedures for import and export goods on-the-spot and
appendixes thereof, including:
- General outline of customs
procedures for import and export goods on-the-spot;
- Guidelines for contents
declared in customs declaration form of goods import and export goods
on-the-spot under Form HQ/2002-TC;
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Article 2. This Decision
shall come into effect from June 1, 2006.
Article 3. Directors of
the Departments of Customs under provinces and cities; heads of bodies under
the General Department of Customs shall have responsible for implementing this
Decision./.
Recipients:
- As mentioned in Article 3;
- Ministry of Finance (for report );
- VCCI, Municipal and provincial tax bureaus (for coordination);
- for filing at GSQL (10 copies).
FOR
GENERAL DIRECTOR
DEPUTY GENERAL DIRECTOR
Dang Thi Binh An
CUSTOMS
PROCEDURES FOR IMPORT AND EXPORT GOODS ON –THE-SPOT
(promulgated in conjunction with Decision No. 928/QD-TCHQ dated 25 May 2006
of the General Director of Customs)
I. GENERAL PROVISIONS
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Exporter on-the-spot
(hereinafter referred as the exporter for short): is person who is designated
by foreign trader to deliver goods in Vietnam.
Importer on-the-spot
(hereinafter referred as the importer for short): is foreign trader’s buyer who
is designated by the foreign trader to receive goods in Vietnam from the exporter on-the-spot.
2- Goods which are eligible for
on-the-spot import and export procedures, include:
a- Goods which are produced by
the exporter and sold to foreign trader but delivery to other enterprise in
Vietnam (upon the instructions of foreign trader) in order to use as materials
for production of exports (including materials for processing to foreign
trader);
b- Goods of foreign invested
enterprises which are eligible for on-the-spot import and export procedures in
accordance with the guidelines of the Ministry of Trade;
c- Processing products which are
imported on-the-spot in service to be materials for production;
d- Other cases are allowed to be
imported and exported on-the-spot under permit of the Ministry of Trade in
writing.
3- These procedures only
stipulate orders of stages to be implemented when conducting customs procedures
for import and export goods on-the-spot. Customs dossier and other regulations
on importation and exportation on-the-spot are stipulated in Decree No.
154/2005/NĐ-CP dated December 15, 2005 of the Government, Circular No.
112/2005/TT-BTC dated December 15, 2005 of the Ministry of Finance and other
relevant documents. Therefore, when carrying out customs procedures for import
and export goods on-the-spot, these procedures shall be combined with the
above-mentioned documents for implementation. The actual inspection shall not
be applied under order of form and level of customs inspection; for the cases
subject to the actual inspection shall be prescribed at stage 2, item II of
these procedures, the Director of customs sub-department who is in charge of
the procedures for importation on-the-spot shall decide whether specific goods
lots are inspected.
4- Customs declaration for
importation and exportation on-the-spot is based on Form HQ/2002- TC.
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a- For processed products are
imported on-the-spot as materials to produce products for domestic consumption,
customs procedures for exportation and importation on-the-spot shall be made at
the customs sub-department where manages the processing contract and imports
products on-the-spot;
b- Products (excluding processed
products) are imported on the spot as materials to produce products for export,
the customs procedures for exportation and importation on-the-spot shall be
made at the customs sub-department where manages the materials import contract
for production of exports.
c- Processed products are
imported on-the-spot as materials to produce products for export, if the
processing contract and materials import contract for production of exports
which are managed by the same of the customs sub-department, customs procedures
for exportation and importation on-the-spot shall be carried out at this
customs sub-department; in case these 2 contracts are managed by 2 different
customs sub-departments, customs procedures for exportation on-the-spot shall
be made at the customs sub-department where manages the processing contract and
the customs procedures for importation on-the-spot shall be made at the customs
sub-department where manages the materials import contract for production of
exports.
II. SPECIFIC PROVISIONS
Stage 1: Exporter makes
customs declaration:
- Based on contract signed with
foreign trader which states that goods are delivered in Vietnam, the exporter shall declare all criteria applying to the exporter on 4 customs
declarations. The director or his authorized person of the exporter is required
to be signed and sealed;
- 04 customs declarations and
VAT invoice (sheet for client) shall be delivered to the importer.
Stage 2 : Marking customs
procedures for importation on-the-spot
a- Importer:
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- The importer shall summit
customs dossier and sample of import goods on-the-spot (for import goods
on-the-spot are used as materials for processing or production of exports) to
the customs sub-department where the importer carries out import procedures in
order to register procedures for importation on-the-spot as provided and in
line with each type (example, if import goods on-the-spot are used as materials
for production of exports, the customs procedures are made under type of
production for export; in case goods imported on-the-spot are used as materials
for processing, the customs procedures are made under the type of processing);
- After completing procedures
for importation on-the-spot, the importer shall keep 01 customs declaration and
the remaining 02 customs declarations shall be transferred to the exporter.
b- Customs office carries out
customs procedures for importation on-the-spot;
- to receive 04 customs
declarations of importation and exportation on-the-spot and other
documentations of the import customs dossier on-the-spot; to carry out the
steps such as registration of customs declaration as provided and in line with
each type, inspection of tax calculation (for goods subject to tax) in
accordance with applicable regulations on import goods. Dutiable value of
import goods on-the-spot is actual selling price stated on commercial invoice
issued by foreign trader to the importer on-the-spot in Vietnam. To stick the seal on samples of goods (if any) and hand over it to the enterprise
for self-preservation in order to submit to the customs office if required.
- to conduct the inspection of
goods or documentations on storing goods of the importer if there is doubt that
goods delivery is different from declaration or unreal. To make report on
inspection; to dealing with violation in accordance with laws if detecting violations
by the enterprise.
- to confirm the completion of
customs procedures, to sign and stamp of customs officer on all of 4 customs
declarations.
- to keep 01 customs declaration
and the required documentations submitted by enterprise and to return the
remaining 03 customs declarations and other documents are presented by
enterprise.
- to make written notification
to local tax department where monitors tax of the importer on-the-spot
(attached Form TB/2006) for its monitoring or notify via computer network if
there are internet network system connected between such customs sub-department
and local tax bureau.
Stage 3 :
Implementation of on-the-spot exportation:
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After receiving 02 on-the-spot export-import
customs declarations which are fully declared and stamped by the importer and
the customs office in charge of import procedures, the exporter shall submit
the customs dossier to the customs sub-department in charge of export
procedures to carry out export procedures on-the-spot.
b- Customs office carries
out export procedures on-the-spot:
- to receive 02 customs
declarations (fully declared, confirmed, signed and stamped by the exporter,
the imported and the customs office in charge of import procedures on-the-spot)
and other documents of the export customs dossier on-the-spot.
- to carry out the steps on
registration of customs declaration as provided and in line with each type of
exportation and importation and to check tax calculation (if any). To confirm
completion of customs procedures, to make signature and stamp of the customs
officer in customs declarations.
- to keep 01 and other required
documents submitted by enterprise and to return 01 customs declaration and
other documents are presented by enterprise ./.
GENERAL
OUTLINE
OF PROCESS OF CUSTOMS PROCEDURES FOR IMPORT AND EXPORT GOODS ON-THE-SPOT
(promulgated in conjunction with Decision No. 928/QD-TCHQ dated May 25,
2006)
Stage 1: Exporter
makes customs declaration
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Stage 2: Making customs
procedures for importation on-the-spot
Stage 3: Making customs
procedures for exportation on-the-spot
-fill in 04 customs
declarations
- deliver 04 customs
declarations and VAT invoice to the exporter
Importer:
- to receive 04 customs
declarations and VAT invoice sent by Exporter
- to carry out customs
procedures for importation on-the-spot at customs office
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Customs:
- to receive 04 customs
declarations and customs dossier
- to carry out customs
procedures under each type
- to retain 01 customs
declaration and customs dossier; return 03 customs declarations to the
importer
Exporter:
- to give back 02 customs
declarations submitted by the importer
- to carry out customs
procedures for exportation on-the-spot
Customs:
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- to carry out customs
procedures for exportation on-the-spot under each type
- to retain 01 customs
declaration, return 01 customs declarations to Importer
GUIDELINES
ON
DECLARING CUSTOMS DECLARATIONS OF IMPORT AND EXPORT GOODS ON-THE-SPOT UNDER
FORM HQ/2002-TC
(promulgated in conjunction with Decision No 928/QD-TCHQ dated May 25, 2006
of the General Director of Customs )
I- GENERAL PROVISIONS:
1. This document only guides to
declare some squares and items in the form of customs declarations of import and
export goods on-the-spot under HQ/2002-TC. Other squares and items which are
clearly stated in this form shall not be guided further.
2- The declarant only uses one
ink (excluding red ink) to declare; no easement and amendment is made.
3- This form is issued and
managed consistently through the country.
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1- Exporters on-the-spot shall
fill in the following boxes and items: 1,3,5,6,7,14 (part used for export
goods), 16, 17, 18, 19, 26 and 28.
2- Importers on-the-spot shall
fill in the remaining boxes and items of part A.
3- Box No 3: fill in the name of
foreign client who signs sale and purchase contract or processing contract (if
exportation of processed products on-the-spot) with Vietnamese enterprise.
4- Box No 10: If products exported
on-the-spot are used as materials to process products for foreign trader, in
this box shall be included the number, signing date and expiry dates of
processing contract.
5- Box No 11: to fill in
delivery location between the exporter on-the-spot and the importer on-the-spot
upon the instructions of foreign trader.
GENERAL
DEPARTMENT OF CUSTOMS
CUSTOMS
DEPARTMENT …..
Customs sub-department ……..
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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........,
date month year
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NOTICE
ON
COMPLETION OF PROCEDURES FOR IMPORTATION ON-THE-SPOT
To:
Tax Department of [__] Province
Customs sub-department of
........................... would like to inform that enterprise .....................
located at …………… having export-import business code ………………………………………………………………..
has completed customs procedures
for importation on-the-spot at the customs sub-department of
................... under the following customs declarations:
No
Number/code/
date of customs declaration
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Commodity
Calculating
unit
Quantity
Value
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Recipients:
- As above;
- For filling.
(Signature
and seal of customs officer)