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THE PRIME
MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
37/2006/QD-TTg
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Ha Noi,
February 10, 2006
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DECISION
ISSUING
REGULATIONS ON PILOT APPLICATION OF CAT LAI OPEN PORT AREA OF SAIGON NEWPORT
CORPORATION
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Vietnam Maritime Code of June
14, 2005;
Pursuant to the Commercial Law of June 14,
2005;
Pursuant to the Customs Law of June 29, 2001
and the Law amending and supplementing the Customs Law of June 14, 2005;
At the proposal of the Minister of Transport
(Report No. 5130/TTr-BGTVT of August 22, 2005 and Dispatch No. 7483/BGTVT-PC of
November 28, 2005); appraisal opinion of the Ministry of Justice (Dispatch No.
3172 TP / PLQT of October 26, 2005),
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Article 1. Issuing together with this
Decision the Regulation on pilot application of Cat Lai open port area of
Saigon Newport Corporation
Article 2. This
Decision takes effect 15 days from the date of publication in the Official
Gazette.
Article 3. The Ministry of Transport
shall assume the prime responsibility and coordinate with the relevant
ministries: Defense, Commerce, Finance and the agencies concerned to monitor
and report to the Prime Minister on the issues arising during the
implementation of this Regulation. After a year of pilot implementation, the
Ministry of Transport shall assume the prime responsibility and coordinate with
relevant agencies to review, assess and report to the Prime Minister the pilot
results while completing Regulation "Open port area” applicable to other
ports of Vietnam for submission to the Government for consideration and
decision.
Article 4. Ministers, heads of ministerial-level
agencies, the heads of the agencies attached to the Government, President of
the People's Committees of centrally-affiliated provinces and cities; Director
of Saigon Newport Corporation and other organizations and individuals concerned
shall implement this Decision. /.
PRIME
MINISTER
Phan Van Khai
REGULATIONS
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Chapter 1:
GENERAL PROVISION
Article 1. Scope of regulation and
subject of application
This regulation stipulates the pilot management
of the open port area of Saigon Newport Corporation and is applicable to the
Vietnamese and foreign organizations and individuals operating at the open port
area.
Article 2. Explanation of terms
In this Regulation, the below terms are construed
as follows:
1. The Cat Lai open port area (hereafter
referred to as open port area) is the area at Cat Lai port under the management
and operation of Saigon Newport Corporation entitled to manage and operate it
as prescribed in this Regulation.
2. Transshipment containers at the open port
area are containers shipped by sea from overseas to the open port area, then
loaded onto ships or other means or put into storage at the transshipment area
of Cat Lai port in a certain time and then put onto the ship or other means for
transportation out of the territory of Vietnam.
3. The exports through the open port area are
the ones from the territory of Vietnam moved into the open port area and loaded
onto ship for transport abroad.
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5. Goods in transit through the open port area
are the goods imported into the open port area by ship, and then loaded onto
other means of transportation to be transported to a third country without
domestic consumption in Vietnam or goods from a third country shipped through
the territory of Vietnam into the the open port area, then loaded onto ship for
transport abroad.
Chapter 2:
MANAGEMENT OF OPEN PORT AREA
Article 3. Limited scope and layout
principles of open port area
1. Limited scope of open port area:
The open port area is the area located in Cat
Lai port having range limited according to the layout of the open port area in
the Appendix issued together with this Regulation. The range of the open port
area is separated from other areas of the the port by enclosing wall which must
meet the following basic conditions:
a) The height is not less than 03 (three)
meters;
b) Inside and outside the enclosing wall and at
the doors are installed with protective equipment and lights;
c) Inside along the enclosing wall is arranged
the way eligible for safe traffic and convenient for fire prevention and fighting.
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The traffic in the open port area must be
convenient for transport and management of goods, protection and fire
prevention and fighting.
3. Signage system:
In the open port area and surrounding area must
be installed with clear signage at necessary locations as: storage, trading,
packing, repacking, sorting, re-sorting, consolidation, repair or container
replacement, place of showcase, place for fire prevention equipment, doors and
other positions related to the operation of people and means, equipment and
goods.
4. Information system and protection:
In the open port area, there must be electronic
systems, video cameras, security surveillance and information networked with
specialized State management agencies: Customs, Border Guard, Port Authority,
medical quarantine, animal quarantine, plant quarantine and other agencies
concerned at the port to provide and exchange information necessary for the
operation of the open port area.
The protection of the open port area shall be
organized for implementation by the Director of Saigon Newport Corporation as
prescribed by law.
Article 4. Services performed in the
open port area.
In addition to the business of goods loading and
unloading services and marine support services, the following services are
allowed for pilot implementation at the open port area: buying and selling,
packing, repacking, sorting, re-sorting; consolidation, repair or container
replacement for transshipment containers and imported and exported goods, goods
in transit.
Article 5. Goods passed through the
open port area
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Article 6. Transporting goods from the quay
into the open port area and vice versa.
The goods transported from Cat Lai quay into the
open port area and vice versa must be under the monitoring of the Customs
agency without loading and unloading in this process of transportation.
Article 7. Processing of goods in the open
port area
1. In case of sale and purchase of goods: the
owner of the goods shall notify in writing to the Director of Saigon Newport
Corporation and the Customs authority of the open port area 01 (one) working
day prior to the date of sale or date of delivery. In the notice clearly
stateing the type, amount, quantity, time, location for sale or delivery of
goods in the open port area and the name of the buyer or goods receiver, the
sale price and means of transportation.
2. In case packing, repacking, sorting,
re-sorting, consolidation, repair or container replacement: owner of goods
shall send a written notice to the Director of Saigon Newport Corporation and
customs authority of the open port area 01 (one) working day prior to the
intended date of processing. In the notice clearly stating the type, amount,
volume, time and position of goods expected to be processed and form of
processing in the open port area. The goods re-packed, re-sorted, consolidated,
repaired or replaced with other containers must be kept their goods symbol and
code without change of the goods origin.
3. In case the goods are broken, damaged or not
received by the means of transportation within the agreed time limit: they
shall be handled in accordance with the law.
4. The owner of goods shall send a written
notice to the Director of Saigon Newport Corporation and the Customs authority
of the open port area 01 (one) working day after the end of processing of goods
as provided for in Clause 1 or 2 of this Article, in which clearly stating the
amount of goods, the place of departure and destination and form of goods
transported into the open port area (import, export, transit or
transhipment) and the remaining amount of goods, together with the list
of goods having been processed and the relevant documents.
5. The delivery, loading and unloading of goods
shall comply with the provisions of this Regulation and the provisions of other
relevant laws.
Article 8. Customs procedures for goods
passed through the open port area.
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2. The exports and imports passed through the
open port area must be completed with customs procedures as prescribed.
3. The customs procedures for the goods in the
transshipment containers comply with regulations of law on container
transshipment services at the ports of Vietnam.
4. The goods in transit through the open port
area must be completed with customs procedures as prescribed by law.
Article 9. Tax for goods passed
through the open port area.
1. Goods from foreign countries transported into
the open port area do not have to pay import tax, value-added tax and special
consumption tax.
2. Goods from Vietnam transported into the open
port area including consumer goods, stationery and office equipment for the
operation of the open port area do not have to pay export tax but present sale
invoice as prescribed by the Ministry of Finance.
Chapter 3:
POWERS AND RESPONSIBILITIES OF AGENCIES AND
ORGANIZATIONS AT THE OPEN PORT AREA
Article 10. Powers and responsibilities of
Director of Saigon Newport Corporation
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1. Directing the operation of the open port area
under this Regulation and other provisions of the law.
2. Facilitating the specialized State management
agencies to perform their tasks as prescribed by the law.
3. Coordinating with the competent agencies to
seriously maintain regulations related to the people and means operating at the
open port area.
4. Signing contracts with organizations and
individuals on the use of equipment and infrastructure in the open port area
with specific conditions and duration, in accordance with the provisions of
law.
5. Suspending the operation in the open port
area for the following cases:
a) There is sufficient evidence of violation of
the organizations and individuals concerned in accordance with this Regulation;
b) To promptly prevent the risks which may
affect the safety, security, environmental pollution or health of the
community.
6. Promptly and publicly notifying the
organizations and individuals concerned of the restriction related to the entry
or exit and other activities in the open port area.
7. Ensuring the goods are not illegally
penetrated into Vietnam according to the functions and duties assigned.
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9. Making report to the Ministries: Transport,
Defence, Commerce and Finance on the operation of the open port area every six
months.
Article 11. Powers and responsibilities of
the ministries and sectors
1. The specialized state management agencies at
Cat Lai port such as Customs, Border Guard, Port Authority, medical quarantine,
animal quarantine, plant quarantine and other agencies concerned shall:
a) Arrange a private area outside the open port
area where the goods are transported into and out of the open port area to
perform the procedures for the import, export, transshipment, quarantine,
health care and other procedures for goods passed through the open port area;
b) Performing
the powers and responsibilities of the Ministries and sectors as prescribed.
2. The
Ministries and sectors concerned based on the functions and tasks to direct the
agencies and organizations to implement this Regulation.
Chapter 4:
SETTLEMENT OF COMPLAINTS AND DISPUTE AND HANDLING OF
VIOLATIONS
Article 12. Settlement of complaints and
dispute
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2. All disputes relating to the provisions of
this Regulation shall be settled as prescribed by law.
Article 13. Handling of violation
1. Any act of violation of the agencies,
organizations and individuals operating in the open port area is contrary to
the provisions of this Regulation and other provisions of the law shall be
handled as prescribed by law.
2. The State management agencies at the open
port area shall take responsibility before law for the goods brought into the
country for consumption without the supervision of the customs authorities and
other relevant agencies.
3. The orgazizations and individuals shall take
civil responsibilities for violations as prescribed by this Regulation caused
by their agents or representatives.