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MINISTRY OF
FINANCE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 82/2021/TT-BTC
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Hanoi, September
30, 2021
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CIRCULAR
ON CUSTOMS
SUPERVISION OF IMPORT CARGO TO BE MOVED TO ANOTHER CUSTOMS CHECKPOINT AS THEY
ARE BACKLOGGED OR AT RISK OF BACKLOG AT SEAPORTS WHERE SOCIAL DISTANCING HAS
BEEN IMPOSED UNDER DIRECTIVE NO. 16/CT-TTG DATED MARCH 31, 2020 OF THE PRIME
MINISTER ON IMPLEMENTATION OF URGENT MEASURES TO PREVENT AND CONTROL COVID-19
PANDEMIC
Pursuant to the Customs Law dated June 23, 2014;
Pursuant to the Maritime Law dated November 25,
2015;
Pursuant to Resolution No. 30/2021/QH15 dated
July 28, 2021 of the 15th National Assembly;
Pursuant to Decree No. 08/2015/ND-CP dated
January 21, 2015 providing specific provisions and guidance of enforcement of
the Law on Customs on customs procedures, examination, supervision and control
procedures;
Pursuant to Decree No. 59/2018/ND-CP dated April
20, 20218 on amendments to Decree No. 08/2015/ND-CP dated January 21, 2015
providing specific provisions and guidance of enforcement of the Law on Customs
on customs procedures, examination, supervision and control procedures;
Pursuant to Government's Decree No.
87/2017/ND-CP dated July 26, 2017 on functions, tasks, powers and
organizational structure of the Ministry of Finance;
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Implementing the Decision No. 447/QD-TTg dated
April 01, 2020 on Declaration of COVID-19 pandemic;
At the request of Director of General Department
of Customs,
The Minister of Finance promulgates a Circular
on customs supervision of import cargo to be moved to another customs
checkpoint as they are backlogged or at risk of backlog at seaports where
social distancing has been imposed under Directive No. 16/CT-TTG dated March
31, 2020 of the Prime Minister on implementation of urgent measures to prevent
and control Covid-19 pandemic.
Article 1. Scope
This Circular sets out regulations on customs
procedures and customs supervision of import cargo to be moved to another
customs checkpoint as they are backlogged or at risk of backlog at seaports
where social distancing has been imposed under Directive No. 16/CT-TTG dated
March 31, 2020 of the Prime Minister on implementation of urgent measures to
prevent and control Covid-19 pandemic.
Article 2. Regulated entities
1. Seaport operators, inland container depot (ICD)
operators.
2. Shipping lines, shipping agents.
3. Customs authorities, customs officials.
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5. Other relevant agencies and organizations.
Article 3. Grounds for determining that import
cargo is backlogged or at risk of backlog at a seaport
1. The port operation is being affected by the
Covid-19 pandemic, which is beyond the port's ability to remedy.
2. The import cargo in stock reaches over 90 per
cent of the designed import handling capacity of the seaport.
3. The Port Authority certifies in writing that the
backlog or the risk of backlog has been impacted simultaneously by the factors
as prescribed in clause 1, clause 2 hereof.
4. The seaport operator sends a notice of backlog
or risk of backlog to the Sub-department of Customs in charge of the seaport
where the cargo is stored, together with the certification of the Port
Authority as mentioned in Clause 3 of this Article.
Article 4. Import cargo stored at a seaport to
be moved to another seaport or ICD for storage
1. When the request of the seaport operator and
certification of the Port Authority mentioned in clause 3 Article 3 hereof have
been obtained, the import cargo stored at the seaport may be moved to another
seaport or ICD if it fully satisfies the following requirements:
a) The cargo with the description declared on the
E-manifest system is not on the list of import cargo subject to customs
procedures at the import checkpoint as prescribed in Decision No.
23/2019/QD-TTg dated June 27, 2019 of the Prime Minister (except for import
cargo permitted to be moved to other customs checkpoints under Decision of the
Prime Minister).
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c) The cargo has not had an import declaration
registered.
d) The cargo is not on the list of cargo subject to
monitoring and inspection of competent authorities.
2. The seaport operator will stop the movement of
import cargo to other seaports or ICDs as prescribed herein if the number of
containers of import cargo in stock decreases to 90 per cent of the designed
import handling capacity of the seaport.
Article 5. Responsibilities of seaport operators
and ICD operators
1. The seaport operator from which the cargo is
moved shall:
a) Comply with Article 41 of the Customs Law.
b) Only move the import cargo upon approval of the
shipping line/shipping agent or the cargo owner that has established the
ownership of the cargo with the shipping line/shipping agent and the cargo
movement plan has been approved by the Sub-department of Customs from which the
cargo is moved. The entire movement must belong to a single bill of lading,
with the same owner to the same seaport or ICD for storage.
Notify the shipping line/shipping agent or cargo
owner of the storage location of the cargo at destination.
Concur with the shipping line/shipping agent or the
cargo owner in the method of movement and information exchange about the cargo
before the movement.
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d) Notify the cargo movement plan to the
Sub-department of Customs from which the cargo is moved no later than 3 p.m.
every day before the cargo is moved, including:
d.1) Details about the consignor of the cargo:
Name, TIN, address, phone number, fax number.
d.2) Details about the carrier of the cargo: Name,
TIN, address, phone number, fax number.
d.3) The cargo movement plan: Estimated time of
departure, estimated time of arrival, route of movement, name of seaport or ICD
of arrival, address.
d.4) Details about the cargo being moved: Bill of
lading number, container reference number, description of cargo, carrier seal
number, customs seal number (if any), means of transport, license plate number
of the means of transport (if any).
dd) Notify the Sub-department of Customs to which the
cargo is moved that the cargo movement plan (including the details specified in
Article 5(1)(d) hereof) has been approved by the Sub-department of Customs from
which the cargo is moved within 2 hours since the receipt of such approval.
e) Comply with movement procedures as prescribed in
Article 51(b) of the Circular No. 38/2015/TT-BTC dated March 25, 2015, amended
by Circular No. 39/2018/TT-BTC dated April 20, 2018 of the Minister of Finance.
g) Within 5 working days after the time as
prescribed in clause 2 Article 9 hereof, the seaport operator shall send a
report on the movement of cargo to the Sub-department of Customs that
supervises the seaport operator (using the Form No. 01 issued hereto).
h) Notify the Sub-department of Customs from which
the cargo is moved of any problem arising during the movement.
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k) If the cargo has been moved away but the customs
authority inspects and discovers that the cargo is subject to customs
procedures at the import checkpoint as prescribed in Decision No. 23/2019/QD-TTg
dated June 27, 2019 of the Prime Minister (except for import cargo that is
permitted to be moved to other customs checkpoints under Decision of the Prime
Minister), the seaport operator from which the cargo is moved shall move the
cargo back to the import checkpoint for doing customs procedures as prescribed.
l) If there is any dispute over the delivery place,
or damaged or lost cargo, the cargo owner and the seaport operator from which
the cargo is moved shall be responsible for resolving it.
2. The seaport operator or ICD operator to which
the cargo is moved shall:
a) Comply with Article 41 of the Customs Law.
b) Within 5 working days after the time as
prescribed in clause 2 Article 9 hereof, the seaport operator or ICD operator
shall send a report on the movement of cargo to the Sub-department of Customs
that supervises the seaport operator or ICD operator (using the Form No. 02
issued hereto).
Article 6. Responsibilities of shipping
line/shipping agent
1. Receive the list of cargo expected to be moved from
the seaport operator and send a notice to the seaport operator that the
shipping line/shipping agent either agrees or disagree with such list.
2. Cooperate with the seaport operator or ICD
operator in movement of the cargo.
3. If the shipment of import cargo has been
discharged from the seaport and is permitted to move to another seaport or ICD
for storage as prescribed in this Circular, the shipping line/shipping agent is
not required to change the port of destination on the National Single Window.
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5. Ensure necessary conditions related to the
management system of the shipping line in order for relevant seaport operators
and ICD operators to receive information about the cargo in a timely and
favorable manner.
Article 7. Responsibilities of customs
authorities
1. Responsibilities of the Sub-department of
Customs of seaport from which the cargo is moved:
a) Check if the cargo meets the requirements as
mentioned in clause 1 Article 4 hereof to approve the cargo movement plan as
requested by the seaport operator.
If the Sub-department of Customs of seaport from
which the cargo is moved does not give any response within 2 working hours
after receiving the cargo movement plan, it shall be considered as an approval
for the cargo movement plan of the seaport operator.
b) Take charge and cooperate with the
Sub-department of Customs of seaport or ICD to which the cargo is moved and the
seaport operator or ICD operator in deciding a timely method of information
exchange of the cargo movement plan.
c) Take charge and cooperate with the
Sub-department of Customs of seaport or ICD to which the cargo is moved and the
seaport operator or ICD operator in management and supervision of each movement
from the time when the cargo departs until the time when it is confirmed that
the cargo arrives at the destination.
d) Keep track of the number of containers of import
cargo in stock to proactively notify the seaport operator to stop the movement
of the import cargo to another seaport or ICD as prescribed in clause 2 Article
4 hereof.
2. Responsibilities of the Sub-department of
Customs of seaport to which the cargo is moved:
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b) Manage, supervise, and carry out the customs
procedures associated with the movement of shipments for storage at the
seaports or ICDs as prescribed in the Circular No. 38/2015/TT-BTC dated March
25, 2015, amended by Circular No. 39/2018/TT-BTC dated April 20, 2018 of the
Minister of Finance.
3. If the arriving cargo is backlogged, the General
Department of Customs shall guide the relevant Departments of Customs of
provinces and cities to take proper actions as prescribed in Circular No.
203/2014/TT-BTC dated December 22, 2014, amended by Circular No. 57/2018/TT-BTC
dated July 5, 2018 of the Minister of Finance.
Article 8. Rights and obligations of the customs
declarant
The customs declarant may carry out customs
procedures at the Sub-department of Customs to which the cargo is moved as
prescribed in the Circular No. 38/2015/TT-BTC dated March 25, 2015, amended by
Circular No. 39/2018/TT-BTC dated April 20, 2018 of the Minister of Finance and
shall have relevant obligations as per the law.
Article 9. Entry in force
1. This Circular comes into force as of the date on
which it is signed.
2. The import cargo being stored at a seaport may
be moved to another seaport or ICD for further seizure as prescribed in Article
4 hereof from the imposition of Directive No. 16/CT-TTg dated March 31, 2020 of
the Prime Minister until the end of 15 days after the imposition of Directive
No. 16/CT-TTg in the province or city from which the cargo is moved.
3. If any document referred to in this Circular is
amended or superseded, the new document shall prevail.
4. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Finance
for consideration./.
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PP. MINISTER
DEPUTY MINISTER
Vu Thi Mai
APPENDIX
FORM OF REPORT ON
LIST OF CARGO BEING MOVED
(Issued together with Circular No. 82/2021/TT-BTC dated September 30, 2021
of the Minister of Finance)
Form No. 01
Report on list of cargo being moved out
Form No. 02
Report on list of cargo being moved in
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Form No. 01. Report on list of cargo being
moved out
ENTERPRISE’S
NAME
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
………[Location]…….,
[date]………….
REPORT ON LIST OF
CARGO BEING MOVED OUT
To: Sub-department
of Customs …………………..
1. Details about the
enterprise that requests the movement of cargo:
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- Head office:
………………………………………………………………………………..
- Phone number: ………………………………………… Fax
number: ………………………………
2. Report on list of cargo
being moved out:
No.
Number of
declaration of transportation (OLA)
Bill of lading
number
Container
reference number
Carrier seal
number
Customs seal
number (if any)
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Notes
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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ENTEPRISE’S
REPRESENTATIVE
(Signature, full name, seal)
Notes: Column (6): Insert name of
the seaport or ICD where the cargo being moved in is stored.
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ENTERPRISE’S
NAME
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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………[Location]…….,
[date]………….
REPORT ON LIST OF
CARGO BEING MOVED IN
To: Sub-department
of Customs …………………..
1. Details about the
enterprise that receives the cargo moved in:
- Enterprise’s name: ………………………………………… TIN: …………...………
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- Phone number: ………………………………………… Fax
number: ………………………………
2. Report on list of cargo
being moved in:
- Total number of containers
being moved in: ……………. containers;
- Total number of containers
that have completed the customs procedures and have no longer been stored at
the seaport or ICD: ………… containers;
- Total number of containers
that still have been stored at the seaport or ICD: ………… containers;
No.
Number of
declaration of transportation (OLA)
Bill of lading
number
Container
reference number
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Number of
import declaration (if any)
Notes
Stored
No longer
stored
(1)
(2)
(3)
(4)
(5)
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(7)
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ENTEPRISE’S
REPRESENTATIVE
(Signature, full name, seal)
Notes:
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- Column (6): It is
compulsory to insert the number of import declaration if the “X” is inserted in
column (5).