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THE MINISTRY OF
FINANCE
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SOCIALIST REPUBLIC
OF VIET NAM
Independence -
Freedom Happiness
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No. 05/2003/TT-BTC
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Hanoi , January 13, 2003
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CIRCULAR
GUIDING
THE DISPOSAL OF GOODS LEFT IN STOCK AT VIETNAMS SEAPORTS
I. SCOPE AND SUBJECTS OF APPLICATION:
1. This Circular guides the
disposal of goods left in stock at Vietnams seaports, including:
- Goods which have been kept at
warehouses or storing yards beyond the prescribed time limits without
recipients.
- Goods in excess as compared to
the bills of lading.
- Goods not inscribed in
manifests.
- Goods temporarily consigned
but without claimants.
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- Goods deposited at seaports
warehouses or yards by agents upon the release of containers, but without recipients.
- Goods held in Vietnam and
left at seaports by sea carriers, who have issued written documents abandoning
their rights to hold goods.
The above-mentioned goods shall
be considered being left in stock at seaports when they are not received after being
notified by the seaports to the goods owners or agents for at least 3 times
within 60 days, or once within 5 days for frozen goods, perishable foodstuffs
and dangerous and hazardous 2. This Circular shall not apply
to the following goods:
a) Goods held in Vietnam by sea
carriers under the provisions of the Governments Decree No. 55/1998/ND-CP of
July 22, 1998 on the disposal of goods held in Vietnam by sea carriers.
b) Goods, which are abandoned,
strayed or mistakenly-claimed or unclaimed after the expiry of customs
declaration time limit prescribed in Article 45 of the Customs Law.
II. ORGANIZATION OF THE
DISPOSAL OF GOODS LEFT IN STOCK AT SEAPORTS
1. Setting up Councils for
disposing goods left in stock at seaports:
In provinces and centrally-run
cities where seaports exist, the provincial/municipal Peoples Committees shall
set up Councils for disposing goods left in stock at seaports, possibly the
Standing Councils operating on a part-time basis.
A Council for disposing goods
left in stock at seaports shall consist of:
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- The seaports director:
Standing member of the Council (to be changed according to each seaport).
- A representative of the
provincial/municipal Customs Department: Member of the Council.
- A representative of the
Peoples Committee of the province or centrally-run city where the seaport
exists (if necessary): Member of the Council.
2. Organizing the disposal of
goods left in stock at seaports:
The seaports directors shall
base themselves on the practical situation on the volumes of goods left in
stock at their seaports, which must be disposed, make written inventory and
declaration of each type of goods and report them to the Councils for handling:
a) The Councils shall organize
the expertise and valuation of the goods lots:
The Councils shall carry out
procedures for opening the goods and containers seals, make the inventory of
the volumes of goods actually left in stock at seaports and classify such goods
for disposal.
In case of necessity, the
Councils may set up specialists groups to assist them and invite the concerned
agencies to join in goods inventory and classification, and determination of
goods quality and value.
b) For goods with no more use
value: The seaports directors shall organize the destruction thereof under the
Councils supervision.
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- The Councils shall organize
the appointed sale of goods lots valued at under VND 10 million and auction
sale of goods lots valued at VND 10 million or over.
- Particularly for goods being
food, foodstuffs and perishable technological merchandise articles: The
Councils may directly sell them to enterprises having the right business lines.
d) The auction of goods left in
stock at seaports shall comply with the Regulation on property auction, issued
together with the Governments Decree No. 86/CP of December 19, 1996.
e) Goods left in stock at
seaports to be handled shall not be subject to procedures for goods importation
and not liable to import tax.
f) The procedures for goods
delivery and reception shall be carried out according to the seaports current
regulations.
III. SETTLEMENT OF PROCEEDS
FROM THE SALE
OF GOODS LEFT IN STOCK AT SEAPORTS:
1. Those who buy goods left in
stock shall have to make payments for the goods purchase to the seaport
enterprises.
2. Seaport enterprises shall
hand to goods buyers value added goods sale invoices issued by the Ministry of
Finance. The selling prices of goods left in stock (the appointed-sale or
auction prices), which are accepted by the buyers, shall be the VAT-included
prices.
3. The declaration and payment
of VAT upon the sale of goods left in stock shall be carried out in the month
next to the time of goods sale, together with monthly tax declaration of the
enterprises, and inscribed in a separate line.
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+ Paying VAT on the goods sale.
+ Making deductions not
exceeding 5% of the value of sold goods to cover expenses for the operation of
the Councils for disposing goods left in stock at seaports, including: expenses
for goods inventory and classification; expenses for determination of goods
quality and value; expenses related to the provision of information on goods
auction and organization of auction, in strict accordance with the regimes
prescribed by the State.
+ Paying expenses for expertise
of goods quality by functional agencies (if any).
+ Paying expenses for goods
destruction.
+ Paying charges for loading,
unloading, storage, delivery and preservation of goods left in stock at
seaports.
+ The remainder shall be
remitted into local budgets.
5. The seaports shall have to
make payment and final settlement of the handling of goods left in stock
together with the enterprises annual financial settlement.
6. If the proceeds from the sale
of goods left in stock in a year are not enough to cover arising expenses
related to the disposal of these goods, the seaports shall be allowed to
account the deficit amounts into the enterprises annual production and business
costs.
IV. IMPLEMENTATION
ORGANIZATION
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For goods lots left in stock at
seaports after the day the Ministry of Finance annulled its Circular No.
45/TC/GTBD of September 21, 1992 and not yet disposed, the provisions of this
Circular may apply to the disposal thereof.
In the course of implementation,
if any problems arise, organizations and individuals are requested to timely
report them to the Ministry of Finance for consideration, appropriate amendment
and supplementation.
FOR THE MINISTER
OF FINANCE
VICE MINISTER
Tran Van Ta