THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
154/2005/ND-CP
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Hanoi,
December 15, 2005
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DECREE
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
CUSTOMS LAW REGARDING CUSTOMS PROCEDURES, INSPECTION AND SUPERVISION
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to Customs Law No. 29/2001/QH10 of June 29, 2001, and Law No. 42/2005/QH11
of June 14, 2005, Amending and Supplementing a Number of Articles of the
Customs Law;
At the proposal of the Finance Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
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Electronic customs procedures
and customs procedures for luggage and gifts shall comply with separate
regulations.
2. Where treaties to which
Vietnam is a contracting party otherwise provide for, the provisions of such
treaties shall apply.
Article 2.-
Objects of customs procedures, inspection and supervision
1. Imported, exported and
transit goods; articles onboard means of transport on entry, exit or in
transit; imported or exported foreign and Vietnamese currencies, precious metals,
gems, cultural products, relics, postal packages and parcels; luggage of
persons on entry or exit; other objects imported, exported, transited or stored
within operation areas of customs offices.
2. Means of transport by road,
railway, air, sea or river on entry or exit, in transit, or moving from port to
port.
3. Customs dossiers and vouchers
related to objects defined in Clauses 1 and 2 of this Article.
Article 3.-
Principles for carrying out customs procedures, customs inspection and
supervision
1. Principles for carrying out
customs procedures, customs inspection and supervision shall comply with the
provisions of Article 15 of the Customs Law.
2. Customs inspection
principles:
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b/ Customs inspection shall be
restricted to an extent compatible with the results of information analysis and
assessment of law observance by goods owners, as well as the risks of
violations of customs law;
c/ Heads of customs offices
which receive customs dossiers shall decide customs inspection forms and
extent.
Article 4.-
Customs clearance venues
1. Customs clearance venues
include:
a/ Headquarters of border-gate
Customs Sub-Departments: international seaports, river ports and civil
airports, transnational railway stations, post offices and land border gates;
b/ Headquarters of
outside-border-gate Customs Sub-Departments: customs clearance points of inland
ports and outside border gates.
2. The Transport Minister shall
plan and publicize the inland port system.
The Finance Minister shall
specify conditions for, and decide on, the establishment of customs clearance
venues provided for at Point b, Clause 1 of this Article.
Article 5.-
Customs declarants
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2. Organizations designated by
owners of imports or exports.
3. Lawfully authorized persons
(where goods or articles are imported or exported for non-commercial purposes).
4. Operators on means of
transport on entry or exit.
5. Customs agents.
6. International postal service-
or express mail service-providing enterprises.
Article 6.-
Customs clearance priority for goods owners strictly observing customs law
1. Goods owners strictly
observing customs law mean those who are involved in import or export activities
and satisfy the following conditions: having not committed acts of smuggling
and evading tax; not owed overdue tax debts; and implemented the financial
reporting regime in accordance with the provisions of law.
The Finance Minister shall
detail this clause.
2. Contents of priority:
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b/ To be exempt from actual
goods inspection.
Chapter II
CUSTOMS PROCEDURES,
CUSTOMS INSPECTION AND SUPERVISION FOR GOODS IMPORT AND EXPORT OF DIFFERENT
TYPES
Section I.
COMMERCIAL IMPORTS AND EXPORTS
Article 7.-
Customs dossiers
When filling in customs
procedures, customs declarants shall have to submit the following papers:
1. For exports:
a/ The export customs
declaration (original); the detailed list (original) of goods of different
categories or goods packed differently;
b/ The export permit (original)
issued by a competent state agency, for goods required by law to have such
permit; other documents (copies) required by law for each goods item;
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2. For imports:
a/ The import customs
declaration (original); the declaration of imports value (submitted on a
case-by-case basis); the detailed list (original) of goods, for goods lots of
different categories or goods packed differently;
b/ The import permit (original)
issued by a competent state agency, for goods required by law to have such
permit; other documents (copies) required by law for each goods item;
c/ The goods sale and purchase
contract or papers of equivalent legal validity (copies); commercial invoices
(originals); and bills of lading (originals).
d/ The certificate of origin
(original);
e/ The written registration for
state inspection of goods quality or the written notice (original) on exemption
of state inspection of goods quality, issued by a competent state management
agency for imports or exports subject to state quality control.
3. Copies of papers defined in
Clauses 1 and 2 of this Article shall be certified, signed and stamped by heads
of traders or their authorized persons, who shall take responsibility before
law for the validity of such papers.
4. Customs offices’ requests for
customs declarants to submit or present documents other than those defined in
Clauses 1 and 2 of this Article must be made in writing.
Article 8.-
Customs declaration
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2. Customs declarants shall
declare fully, accurately and explicitly appellations and codes of goods, units
of calculation, quantities, weights, quality, origin, unit prices, customs
value, assorted tax rates and other elements specified in customs declaration
forms; calculate by themselves to determine tax amounts and other amounts
payable to the state budget, and take responsibility before law for their
declarations.
Article 9.-
Registration of customs declarations
1. Deadline for registration of
customs declarations
a/ The deadline for registration
of customs declarations for imports and exports shall comply with the
provisions of Clauses 1 and 2, Article 18 of the Customs Law;
b/ For goods exported through
international river, land or airway border-gates or international post offices,
the customs declarations must be registered at least 02 hours before goods are
exported across the border;
c/ Customs declarants may
register customs declarations for imports before such imports reach the
border-gate of unloading under the provisions of Clause 1, Article 18 of the
Customs Law.
d/ If refusing to register
customs declarations, customs offices shall notify in writing customs
declarants of the reasons therefor.
2. In case of plausible reasons,
directors of Customs Sub-Departments shall decide to extend the time limit for
submission of the originals of some documents enclosed with customs
declarations (except import/export permits for goods requiring such permits),
which, however, must not exceed 30 (thirty) days, counting from the date of
registration of customs declarations.
3. Before the time of actual
goods inspection or the issuance of the decision on exemption from actual goods
inspection, if customs declarants give plausible reasons, make a written
request and get the consent of directors of Customs Sub-Departments, they may
supplement or amend the registered customs declarations; in case of changing
the mode of import or export, they may make new customs declarations.
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5. For imports and exports
serving emergency needs under the provisions of Article 35 of the Customs Law,
customs declarants may submit brief customs declarations for customs clearance,
then submit the official ones and accompanied documents within 15 (fifteen) days
after the date of registration of brief declarations.
A brief customs declaration
shall have the following details: name and address of the importer or exporter;
brief information on goods’ appellations and quantity; border-gate of
importation; and time of transportation of the imported or exported goods lot.
Dutiable goods shall be entitled
to tax policies effective at the time of registration and submission of brief
customs declarations.
The Finance Minister shall
specify other cases of urgency provided for at Point c, Clause 1, Article 35 of
the Customs Law.
6. Single registration of
customs declarations
a/ Customs declarants who
regularly import or export certain goods items within a certain period under
the same goods sale and purchase contracts and through the same border-gate may
register customs declarations and submit customs dossiers only once for
multiple customs clearance for such goods items within the goods delivery time
limit specified in the goods sale and purchase contracts.
b/ A customs declaration for
single registration must be liquidated within 15 days after the last goods lot
is imported or exported or the contract terminates.
Article
10.- Examination of customs dossiers
1. Examination shall cover
examining what declared by customs declarants in customs declarations,
comparing the declared contents with documents in customs dossiers defined in
Article 7 of this Decree, and examining the compliance of such contents with
current provisions of law.
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a/ For goods owners strictly
observing customs law:
Customs officers shall examine
the declaration of the elements in declaration forms, preliminarily examine the
contents declared by customs declarants, count documents accompanying such
declarations and check their types. Where violations are detected, dossiers
shall be examined under the provisions of Point b of this Clause.
b/ For other goods owners:
Customs officers shall examine
the contents declared by customs declarants, check the quantity and types of
papers in customs dossiers and their consistency; and examine the observance of
import and export management and tax policies, and other provisions of law.
Article
11.- Actual goods inspection
1. Inspection shall cover
inspecting goods’ appellations, codes, quantities, weights, categories, quality
and origin; inspecting and comparing the compatibility of the actual condition
of goods with customs dossiers.
2. Extent of inspection:
a/ Actual goods inspection shall
be exempt for:
a.1. Imports and exports whose owners
strictly observe customs law;
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- Exports (except those produced
from imported materials and those subject to conditional export under the
export management policy);
- Duty-free machinery and equipment
for creation of fixed assets of foreign or domestic investment projects.
- Goods brought from overseas
into free trade zones, entrepots or bonded warehouses; transit goods; emergency
relief goods defined at Point b, Clause 1, Article 35 of the Customs Law;
specialized goods in direct service of defense or security; humanitarian aid
goods; goods temporarily imported for re-export within a definite term as
specified in Articles 30, 31, 32 and 37 of this Decree;
- Goods in other special cases
as decided by the Prime Minister;
- Goods other than those
mentioned above shall be exempt from actual inspection when the results of
information analysis show that they will possibly not violate customs law
(except for goods mentioned at Point b1, Clause 2 of this Article).
b/ Actual inspection of all
goods lots shall apply to:
b.1. Imports and exports of
owners that have repeatedly violated customs law;
b.2. Imports and exports
entitled to actual inspection but showing signs of violating customs law as
detected by customs offices;
b.3. Goods possibly in violation
of customs law as shown by the results of information analysis by customs
offices.
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3. Handling of inspection
results
a/ Where customs declarants
disagree with customs offices’ inspection conclusions on goods’ appellations,
codes, weights, categories or quality, they may join the latter in selecting specialized
expertise agencies or organizations to expertize goods. The specialized
expertise agencies or organizations shall take responsibility for their
expertise conclusions.
Where customs declarants and
customs offices fail to reach agreement in the selection of expertise
organizations, customs offices shall select such organizations and base
themselves on such organizations’ expertise results to make conclusions. If
customs declarants disagree with such conclusions, they may make complaints in
accordance with the provisions of law.
b/ With regard to imports
subject to state quality control, within 30 (thirty) days after issuing state
quality control registration papers, the competent state management agency in
charge of quality must make conclusions on the quality of imports for customs
offices to complete customs clearance.
With regard to exports, customs
declarants shall have to strictly comply with legal provisions on quality of
exports.
Article
12.- Customs clearance
1. Customs offices shall allow customs
clearance on the basis of:
a/ Declarations of customs
declarants, or conclusions of state inspection agencies or expertise
organizations for goods exempt from actual inspection;
b/ Results of their actual goods
inspection, for goods having gone through such inspection;
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d/ Expertise results, for goods
requested to be expertized;
e/ Imports or exports which are
non-dutiable at the stage of importation, duty-free goods, processed goods or
other special goods shall be cleared from customs procedures immediately after
customs offices certify the results of actual goods inspection in customs
declarations;
f/ Dutiable imports or exports
shall be cleared from customs procedures after customs declarants have paid
duties or been granted guarantee by credit institutions or when they are
allowed to apply the tax payment time limit specified at Point c, d or e,
Clause 1, Article 15 of the Import Tax and Export Tax Law.
2. For imports or exports
awaiting expertise results to determine whether they will be imported or
exported or not, if the goods owners request to receive them back for
preservation, the directors of Customs Sub-Departments shall accept such
requests only when they satisfy customs supervision requirements.
3. Conditional customs clearance
cases:
a/ Cases specified in Clauses 2
and 3, Article 25 of the Customs Law;
b/ Goods permitted for import or
export, provided that the goods valuation, expertise, analysis and
classification shall be conducted to determine accurately tax amounts payable
for customs clearance under the provisions of Clause 4, Article 25 of the Customs
Law.
Article
13.- Supervision of imports and exports
1. Goods subject to customs
supervision include:
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b/ Goods having gone through
customs procedures for import but not yet enjoyed customs clearance;
c/ Imports or exports having not
yet gone through customs procedures and being kept in warehouses or storing
yards within operation areas of customs offices;
d/ Goods or means of transport
in transit;
e/ Goods or means of transport
moving from border-gate to border-gate;
f/ Goods or means of transport
moving from port to port.
2. Modes of customs supervision:
a/ Customs sealing, either by
customs paper, string or locks. Customs sealing shall comply with the provisions
of Article 14 of this Decree;
b/ Personal supervision by
customs officers;
c/ Supervision with technical
equipment.
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Article
14.- Customs sealing for imports and exports
The following cases are subject
to customs sealing:
1. Imports moving from
border-gate to border-gate.
2. Imports moving from port to
port, unloaded at the border-gate of importation and loaded onto other means of
transport for transportation to the port of destination.
3. Exports inspected outside
border-gates and transported to the border-gate of exportation.
4. Exports subject to actual
inspection by border-gate customs.
Article
15.- Customs procedures for goods imported or exported on the spot
1. Goods exported on the spot
which are considered as exports and goods imported on the spot which are
considered as imports shall have to comply with legal provisions on imports and
exports management and tax policies for imports and exports.
2. Basis for determining that
goods imported or exported on the spot must have two separate contracts:
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b/ The import, processing or
hire contract containing a provision that the goods shall be received from
deliverers in Vietnam.
3. The Finance Ministry shall guide
in detail customs procedures for goods imported or exported on the spot.
Section 2.
GOODS TRANSPORTED FROM PORT TO PORT, FROM BORDER-GATE TO BORDER-GATE, OR IN
TRANSIT
Article
16.- Principles for customs management of goods transported from port to
port, from border-gate to border-gate, or in transit
Goods transported from port to
port, from border-gate to border-gate, or in transit must satisfy the following
conditions: their condition being kept unchanged with unbroken seals; being
transported by proper routes, to proper places and border-gates and on schedule
already registered in the customs dossiers.
Article
17.- Goods transported from port to port
1. Imports transported from port
to port mean goods imported from overseas into Vietnam which, when reaching the
border-gate of importation, are further transported to the port of destination
stated in the bill of lading under the transportation contract for completion
of import procedures.
The port of destination means
the border-gate of an international seaport, civil airport or railway station,
a land border-gate, an international post office, the border-gate of an
international river port or an inland port.
Imports transported from port to
port shall be transported by the very means of transport which have entered
Vietnam, or by other means of transport to the port of destination.
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The border-gate of delivery
means the border-gate of an international seaport, civil airport or railway
station, an international post office, the border-gate of an international
river port or an inland port.
Exports transported from port to
port may be transported by one or different means of transport from the first
port of delivery to the port of exit to a foreign country.
3. Port-to-port transportation
procedures:
a/ Responsibilities of
transporters:
- To carry out customs
procedures for port-to-port transportation of goods;
- To circulate customs dossiers
between the customs office at the port of departure and that at the port of
arrival;
- To keep the conditions of
goods unchanged with unbroken customs seals (if any) and seals of
transportation companies in the course of transporting goods from port to port.
b/ Responsibilities of the
customs office at the port of departure:
- To make 02 hand-over records;
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- To keep a manifest (copy), a
bill of lading (copy) and a hand-over record.
c/ Responsibilities of the
customs office at the port of arrival:
- To receive the port-to-port
transportation dossier and supervise the goods until they are exported or until
the imports have gone through import procedures;
- To keep a manifest and a bill
of lading (copies) and a hand-over record;
- To immediately notify the
customs office at the port of departure of the receipt of goods and
port-to-port transportation dossiers as well as the situation of goods
transported from port to port.
Article
18.- Goods transported from border-gate to border-gate
1. Exports transported from
border-gate to border-gate mean exports being under customs inspection or
supervision, transported from a customs clearance point outside border-gate or
from an inland goods inspection site to the border-gate of exportationation.
2. Imports transported from
border-gate to border-gate mean exports being under customs inspection or
supervision, transported from the border-gate of importation to the customs
clearance point outside border-gate or to an inland goods inspection site.
3. Imports transported from
border-gate to border-gate include:
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b/ Raw materials, materials,
parts and accessories for production, transported to customs clearance points
outside border-gate or to inland goods inspection sites where factories or
production establishments are located;
c/ Imports of many owners
sharing the same bill of lading, which are transported to inland goods
inspection sites;
d/ Goods temporarily imported
for participation in fairs or exhibitions, which are transported from the
border-gate of importation to the fair or exhibition venues; fair or exhibition
goods transported from fair or exhibition venues to the border-gate of
exportation for re-export.
e/ Goods imported for duty-free
shops, transported from border-gates to duty-free shops;
f/ Imports brought into bonded
warehouses, which are allowed for transportation from the border-gate of
importation into bonded warehouses; goods kept in bonded warehouses for export,
transported from such bonded warehouses to the border-gate of exportation;
g/ Imports of export-processing
enterprises in export-processing zones, which are transported from the
border-gate of importation to export-processing zones; exports of export-processing
enterprises in export-processing zones, which are transported from
export-processing zones to the border-gate of exportation.
14. Customs procedures for goods
transported from border-gate to border-gate:
a/ For imports transported
from border-gate to border-gate:
- Customs declarants: shall send
written requests to Customs Sub-Departments outside border-gate; submit customs
dossiers as prescribed; circulate customs dossiers between Customs
Sub-Departments of border-gates of importation and those of border-gates of
exportation; keep the condition of goods unchanged, customs seals and seals of
transportation companies unbroken in the course of transportation of goods from
border-gates of importation to customs clearance venues outside border-gate;
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- Customs Sub-Departments of
border-gates of importation shall inspect the outer condition of goods; make
hand-over records and hand over goods to customs declarants for transportation
to customs clearance points outside border-gate; seal up goods in cases defined
in Clause 1, Article 14 of this Decree; and notify Customs Sub-Departments
outside border-gate of noteworthy information about the goods.
b/ For exports transported from
border-gate to border-gate
- Customs declarants shall
submit customs dossiers as prescribed at Customs Sub-Departments outside
border-gate; transport goods to customs clearance points outside border-gate
for customs offices to conduct actual goods inspection (with regard to goods
lots subject thereto); circulate customs dossiers between Customs
Sub-Departments outside border-gate and those of border-gates of exportation;
keep the condition of goods unchanged, customs seals (if any) unbroken in the
course of transportation of goods from actual goods inspection sites to
border-gates of exportation;
- Customs Sub-Departments
outside border-gate shall carry out customs procedures for exports strictly
according to regulations; make hand-over records, hand over goods and customs
dossiers to customs declarants for transfer to Customs Sub-Departments of
border-gates of exportation;
- Customs Sub-Departments of
border-gates of exportation shall receive goods; collate goods with hand-over
records transferred from Customs Sub-Departments outside border-gate; and
supervise goods until they are exported.
Article
19.- Goods in transit
1. Customs procedures for goods
in transit must be carried out at headquarters of customs offices at the first
border-gate of importation and the last border-gate of exportation.
2. Goods in transit not
transported across the mainland territory shall be kept in border-gate
warehouses.
3. Goods in transit to be kept
in warehouses outside border-gate areas or transported across the mainland
territory must be permitted by the Trade Ministry.
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a/ A list of goods in transit,
submitted by customs declarants or their representatives to border-gate customs
offices, for non-stop transit goods which are kept in the condition as imported
and transit goods transshipped from one means of land, railway, river, sea or
air transport to another of the same type (except for non-stop air-transported
goods in transit);
b/ A customs declaration and a
list of goods in transit, submitted by customs declarants or their
representatives to border-gate customs offices, for goods in transit which must
be warehoused or transshipped from a means of transport of one type to another
means of transport of another type.
5. Responsibilities of customs
offices
a/ Customs offices at
border-gates of entry shall receive the lists of or customs declarations of
goods in transit, seal up the places where the goods are stored and certify the
condition of the goods in their lists or customs declarations (where customs
declaration is required) and hand them to operators of the means of transport
for transfer to customs offices at border-gates of goods’ exit;
b/ Where goods in transit cannot
be sealed, transporters, customs declarants and accompanying customs officers
(if any) shall have to ensure that the goods are kept in the same condition
from border-gates of their entry to border-gates of their exit;
c/ Customs offices at
border-gates of exit shall receive the lists or customs declarations of goods
transferred from customs offices at border-gates of entry, inspect the customs
seals or condition of goods and compare them with the contents certified by
customs offices at border-gates of entry in such lists or customs declarations
before carrying out exit procedures for those goods.
6. In case of accidents or force
majeure circumstances, which alter the customs seals or condition of goods,
transporters, customs declarants and accompanying customs officers (if any)
must apply measures to limit losses and immediately notify such to the nearest
commune/ward/township People’s Committees for making written records to certify
the altered condition of the goods.
Section 3.
GOODS BROUGHT INTO OR OUT OF ENTREPOTS, FREE TRADE ZONES, BONDED WAREHOUSES OR
TAX SUSPENSION WAREHOUSES
Article
20.- Customs procedures for goods brought from overseas into or out of
entrepots
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2. Transshipped goods lots shall
be subject to customs declaration and supervision while being kept in
entrepots. Actual inspection shall only apply to those goods showing signs of
law violation.
3. Responsibilities of entrepot
traders:
a/ To carry out customs procedures
for goods brought into or out of entrepots;
b/ To keep the condition of
goods unchanged throughout the time they are kept in entrepots;
c/ To provide services of
reinforcing packages, putting goods into smaller parcels and re-packing goods for
preservation and to meet transportation requirements.
Article
21.- Customs procedures for goods brought into or out of free trade zones
Goods brought into or out of
free trade zones shall be subject to customs inspection and supervision as
follows:
1. Goods brought from overseas
into free trade zones or vice versa shall be subject to customs declaration.
Actual inspection shall only apply to goods showing signs of law violation.
2. Goods brought from free trade
zones to inland areas must go through customs procedures like exports.
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4. Goods brought from one free
trade zone to another must go through customs procedures like goods transported
from border-gate to border-gate under the provisions of Article 18 of this
Decree.
The Finance Minister shall
specify customs procedures for goods brought into or out of free trade zones
and other non-tariff zones.
Article
22.- Bonded warehouses
1. A bonded warehouse means a
storehouse or storing yard area separated from the surrounding area for
temporary storage and preservation of, or for provision of services for, goods
taken from overseas or the country under a bonded warehouse-hire contract
between the bonded warehouse’s owner and the goods owner.
2. Bonded warehouses may be
established in the following areas:
a/ International seaports or
civil airports, international railway or land border-gates, which are goods
exchange hubs between Vietnam and foreign countries and convenient for
transportation of imports and exports;
b/ Industrial parks, hi-tech
parks, export-processing zones or other special economic zones.
3. Conditions for the
establishment of bonded warehouses:
a/ Enterprises established under
the provisions of law;
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c/ Storehouses and storing yards
established in the areas defined in Clause 2 of this Article must be separated
from the surrounding area with fencing walls and meet the requirements of
regular customs inspection and supervision;
d/ Having adequate material and
technical facilities and means of transport up to the requirements of goods
storage and preservation as well as customs inspection and supervision.
4. Bonded warehouses, goods and
means of transport, which leave or enter, are kept or preserved in bonded
warehouses, shall be subject to customs procedures, inspection and supervision.
5. The General Director of
Customs shall issue decisions on the establishment of bonded warehouses.
Article
23.- Services provided within bonded warehouses
Owners of goods in bonded
warehouses may personally provide or authorize bonded warehouse owners to
provide the following services related to their goods:
1. Reinforcing, parceling or
packing goods; classifying goods by quality, maintaining goods.
2. Carrying out customs
procedures for goods brought into or out of bonded warehouses.
3. Transporting goods from
border-gates into bonded warehouses or vice versa, from one bonded warehouse to
another.
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Article
24.- Hire of bonded warehouses
1. Subjects permitted to hire
bonded warehouses:
a/ Vietnamese traders of all
economic sectors that are licensed to engage in import/export business;
b/ Foreign traders;
c/ Foreign organizations and
individuals.
2. Bonded warehouse-hire
contracts:
A bonded warehouse-hire contract
is an agreement made between a bonded warehouse owner and a goods owner in
accordance with the provisions of law. Such a contract must specify goods
appellations, categories, quantity, quality, hire term, and services defined in
Article 23 of this Decree if requested by the goods owner, and responsibilities
of the contracting parties.
3. The term of a bonded
warehouse-hire contract shall not exceed 365 days (three hundred and sixty
five) days from the date the goods are warehoused. The bonded warehouse owner
shall have to give the bonded warehouse-customs office a written advance notice
of the expiration of the term of the bonded warehouse-hire contract. If
requested in writing by the goods owner and consented in writing by the
director of the Customs Department, such term may be extended for not more than
180 (one hundred and eighty) days after the expiration of the contract.
4. Past ninety (90) days after
the expiration of the contract, if the goods owner fails to sign an extended
contract or bring the goods out of the bonded warehouse, the Customs Department
shall organize the liquidation of goods kept in such warehouse under the
provisions of law.
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6. The liquidation of goods kept
in bonded warehouses shall comply with the provisions of law. The proceeds from
goods liquidation (less the warehousing costs and other costs connected with
the liquidation according to the provisions of law), shall be remitted into the
state budget.
Article
25.- Management and preservation of goods in bonded warehouses
1. Goods having gone through
customs procedures for export from Vietnam, overseas goods in need of transit
and storage in Vietnam before export to a third country or completion of
procedures for import into Vietnam, which are owned by subjects permitted to
hire bonded warehouses defined in Clause 1, Article 24 of this Decree, may be put
into bonded warehouses for preservation.
The following goods must not be
kept in bonded warehouses:
a/ Goods with fake Vietnamese
labels, appellations or origin;
b/ Goods which are dangerous for
humans or pollute the environment;
c/ Goods banned from import or
export, except when permitted by the Prime Minister.
2. Goods brought from overseas
into bonded warehouses include:
a/ Goods of foreign owners that
have not yet entered into sale contracts with Vietnamese enterprises;
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c/ Goods transited and
warehoused in Vietnam before export to a third country.
3. Goods brought from inland
Vietnam into bonded warehouses include:
a/ Exports having gone through
customs procedures and waiting to be exported;
b/ Goods which must be
re-exported and the term of temporary import has expired; and,
c/ Goods which are forced to be
re-exported by competent state agencies.
4. Goods kept and preserved in
bonded warehouses must be compatible with bonded warehouse-hire contracts.
Goods brought into or out of bonded warehouses must go through customs
procedures according to the provisions of law.
5. Bonded warehouse owners must
open accounting books to monitor the warehousing and ex-warehousing of goods
under regulations of the Finance Ministry. Once very 6 (six) months, they must
report in writing to the directors of Customs Departments on the actual
condition of warehoused goods and the situation of operation of their
warehouses.
6. In case bonded warehouse
owners want to destroy goods which are broken, damaged, deteriorated or expired
while being stored in their warehouses, they must reach written agreement with
the owners of such goods or their lawful representatives on the destruction
thereof. The written agreements shall be sent to Customs Departments of the
localities where the bonded warehouses are located. The destruction procedures
shall comply with the provisions of law.
Article
26.- Customs procedures for goods brought into or out of bonded warehouses
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a/ For goods from overseas:
Goods owners or their lawful representatives must submit bonded warehouse-hire
contracts, declarations of goods to be warehoused and bills of lading;
b/ For goods from inland
Vietnam: Goods owners or their representatives shall have to submit bonded
warehouse-hire contracts and customs declarations of exports which have gone
though customs procedures.
2. Goods brought out of bonded
warehouses:
a/ For goods brought to foreign
countries: Goods owners or their lawful representatives shall have to submit
customs declarations of exports; written authorizations for goods
ex-warehousing (if it is not stated in bonded warehouse-hire contracts); and
ex-warehousing bills made strictly according to the form provided by the
Finance Ministry;
b/ For goods imported into
Vietnam:
- For goods brought from
overseas into bonded warehouses and transferred to other owners, and goods
stored in bonded warehouses and liquidated by Customs Departments, if they are
imported into Vietnam, they shall have to go through the prescribed customs
procedures like other imports;
- The time of actual importation
of goods shall be the time of registration of the customs declarations for such
goods by customs offices.
c/ Goods stored in bonded
warehouses for coercive re-export under decisions of competent state management
agencies must not be re-imported into Vietnam.
Article
27.- Establishment of tax suspension warehouses
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2. Conditions for the
establishment of tax suspension warehouses:
a/ Enterprises set up under the
provisions of law;
b/ Owing no tax debts subject to
coercive measures;
c/ Having a system of books and
vouchers to fully monitor the import, export, warehousing and ex-warehousing of
goods according to the provisions of law;
d/ Building warehouses in an
area that meets customs management and supervision requirements.
3. The directors of Customs
Departments shall issue decisions on the establishment of tax suspension
warehouses.
4. Enterprises having tax suspension
warehouses shall have to organize the management of such warehouses; closely
coordinate with customs offices in inspecting and supervising them according to
regulations. Customs offices shall not directly supervise and seal up tax
suspension warehouses.
Article
28.- Customs procedures for goods brought into tax suspension warehouses
1. Customs procedures for
imported raw materials brought into tax suspension warehouses shall be the same
as those applicable to imports, except for tax payment procedures.
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Article
29.- Handling of goods which are damaged or deteriorated while being stored
in tax suspension warehouses, and liquidation of goods in tax suspension
warehouses
1. Goods which are damaged or
deteriorated, failing to meet production requirements, while being stored in
bonded warehouses, may go through customs procedures for re-export or
destruction. The destruction shall be conducted as follows:
a/ Enterprises shall send a
written request to Customs Departments managing tax suspension warehouses,
clearly stating the reason for destruction, names of raw materials, their types
and quantity and import customs declarations (serial numbers, dates);
b/ Enterprises shall themselves
organize and take responsibility for the destruction of goods. The destruction
shall be conducted under supervision of customs, tax and environment offices;
c/ The destruction results must
be recorded and certified. Such records shall later serve as liquidation
documents.
2. Liquidation of goods in
bonded warehouses
At the end of every plan year
(December 31) and by January 31 of the subsequent year at the latest, every
enterprise shall have to make a sum-up report on import customs declarations
and the total volume of raw materials already imported under the tax suspension
regime and a sum-up report on export customs declarations and the total
quantity of products which must be exported, then send them to the customs
office.
- If the export percentage is
lower than the tax-suspension percentage, enterprises shall have to immediately
pay tax for the quantity of finished products being the difference between the
quantity of products which must be exported and that of actually exported
products. The late tax payment shall be handled according to the provisions of
law.
- If the export percentage is
higher than the tax-suspension percentage, enterprises shall be refunded a tax
amount for the difference between the quantity of exported products and the
quantity of goods for which tax has been paid.
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Section 4.
GOODS IMPORTED OR EXPORTED BY OTHER MODES
Article
30.- Goods temporarily exported or imported for participation in fairs,
exhibitions, or for product show
1. Goods temporarily imported
for participation in fairs, exhibitions, or for product show (hereinafter
referred to collectively as temporarily imported goods).
a/ Temporarily imported goods
may go through customs procedures at border-gates of importation or be checked
at fair or exhibition venues;
b/ The sale, donation or
exchange in Vietnam of temporarily imported goods which are banned from import
or subject to conditional import must be permitted by competent state
agencies.
2. Goods temporarily exported
for participation in fairs, exhibitions, or for show in foreign countries
(hereinafter referred to collectively as temporarily exported goods).
a/ Temporarily exported goods
may go through customs procedures at headquarters of border-gate customs
offices or at customs clearance points outside border-gate;
b/ The sale, donation or
exchange in foreign countries of temporarily exported goods which are banned
from export or subject to conditional export must be permitted by competent
state management agencies.
3. Temporarily imported goods
which are banned from import and temporarily exported goods which are banned
from export must go through customs procedures at the same border-gates.
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1. Machinery, equipment and
professional instruments needed for the jobs of persons on entry or exit may be
temporarily imported or exported for a definite term suitable to the
requirements of their jobs.
2. Customs dossiers shall each
comprise:
a/ A customs declaration; a
detailed list of goods;
b/ A written request of the
customs declarant;
c/ A bill of lading (for
temporarily imported goods);
d/ Papers certifying the use of
temporarily imported or exported machinery, equipment or professional
instruments for the job of the person on entry or exit, issued by the agency or
organization where such person works.
Article
32.- Components, spare parts temporarily imported for re-export in service
of the replacement or repair of foreign seagoing ships or airplanes
1. Foreign ocean shipping
companies or airlines which have seagoing ships or airplanes repaired in
Vietnam, may send to Vietnam components or spare parts thereof in service of
such repair.
2. Components or spare parts
temporarily imported for re-export in service of the replacement or repair of
foreign seagoing ships or airplanes may be carried along onboard such ships or
airplanes upon their entry or sent before or after their entry to the addresses
of shipping agents or repairing factories.
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4. Customs dossiers shall each
comprise:
a/ A customs declaration; a
detailed list of goods;
b/ A bill of lading;
c/ A written request of the
customs declarant.
Article
33.- Goods exported or imported by post or sent through international
express mail service
1. The application of customs
procedures to imports or exports shall depend on the mode of import or export
of those goods.
2. Postal service- and
international express mail service-providing enterprises shall be lawful
representatives of goods owners. When carrying out customs procedures for
goods, postal service-providing enterprises shall exercise the following rights
and perform the following obligations of goods owners:
a/ To make customs declaration;
b/ To produce goods for customs
inspection;
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d/ To receive goods for delivery
to goods owners.
3. Postal service- and international
express mail service-providing enterprises may declare goods of different
owners in the same customs declaration form.
Article
34.- Goods sold, purchased or exchanged by border residents
1. Border residents who carry
goods within set quotas across the borders shall not have to make customs
declarations but shall have to make customs declarations if the goods quantity
exceeds the set quota and observe the provisions of tax law and imports and
exports management policy.
2. Where customs offices are not
located, the border-guards shall manage goods under the provisions of Clause 1
of this Article.
Article
35.- Imported, exported moveable property
1. Foreigners taking their
moveable property into Vietnam in service of their work and daily life during
their stay in Vietnam shall, when filling in the customs procedures, submit and
produce the following papers:
a/ A customs declaration; a
detailed list of property;
b/ A written certification of
his/her work in Vietnam, issued by a competent Vietnamese state management
agency;
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2. Foreigners who bring their
moveable property out of Vietnam, when carrying out customs procedures, shall
have to submit and produce the following papers:
a/ A customs declaration; a
detailed list of assets;
b/ A written certification of
the expiration of his/her working term in Vietnam, issued by the Vietnamese
Foreign Ministry or competent state management agency;
c/ An import declaration with
customs certification, accompanied by documents on liquidation of temporarily
imported property with the customs office and tax payment vouchers for goods
liable to tax.
3. Moveable property of
Vietnamese organizations or individuals taken from Vietnam to foreign countries
for working purposes or purchased in foreign countries and brought into Vietnam
upon the expiration of the working term of such organizations or individuals
shall be subject to customs procedures. Customs dossiers shall each comprise:
a/ A customs declaration;
b/ A decision of a competent
agency permitting the concerned subject to do business or work overseas or
return to Vietnam;
c/ An export customs declaration
and other documents evidencing that the goods have been brought overseas or
invoices on the purchase of goods overseas.
4. Moveable property brought
into Vietnam by Vietnamese persons and families residing overseas who are
permitted to settle in Vietnam or taken out of Vietnam by those who are
permitted to settle abroad shall be subject to customs procedures. Customs
dossiers shall each comprise:
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b/ A decision permitting the
settlement in Vietnam or overseas (in case of exit);
c/ Papers proving the ownership
over property in question, except for articles and items serving the daily life
of the concerned family or individual.
Article
36.- Imported and exported foreign currencies, precious metals, gems and
Vietnamese currency
1. People on entry or exit who
carry gems or precious metals (except gold of international standards) must
adhere to regulations of competent state management agencies and fill in
customs procedures.
2. People on entry or exit who
carry foreign currencies or Vietnamese currency in cash:
a/ People on entry or exit who
carry foreign currencies in cash (including banknotes, coins and traveler’s
checks) or Vietnam dong in cash or gold in excess of the limit set by the State
Bank shall have to make customs declarations at border-gates;
b/ People on exit who carry
foreign currencies in cash or Vietnam dong in cash in excess of the set limit
or of the foreign currency amount already declared with customs offices upon
their entry must obtain the State Bank’s permits;
c/ People on exit who carry
foreign currencies in cash or Vietnam dong in cash in excess of the set limit
but not in excess of the foreign currency amount already declared with customs
offices upon their entry shall have to produce the entry customs declarations
but shall not have to obtain the State Bank’s permits.
3. People on entry or exit who carry
gold of international standard shall observe regulations of the State Bank.
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1. Customs procedures for goods
in service of emergency requirements:
a/ Heads of agencies shall issue
written certifications for goods imported or exported in service of emergency
requirements and shall take responsibility before law therefor;
b/ Imports and exports in
service of emergency requirements shall be cleared from customs procedures
before the submission of their customs dossier documents. Such documents must
be submitted within 30 (thirty) days after the customs clearance for goods;
c/ Directors of Customs
Sub-Departments shall base themselves on the characteristics and kinds of
goods as well as the extent of emergency to decide on the appropriate
form of actual inspection of such goods.
2. Customs procedures for
imports and exports in direct service of defense or security requirements:
a/ Imports and exports
accompanied by written certifications of the Minister of Public Security or the
Minister of Defense that they are in direct service of defense or security
requirements shall be cleared from customs procedures before the submission of
their customs dossier documents. Such documents must be submitted within 30
(thirty) days after the customs clearance for goods;
b/ Goods in direct service of
defense or security requirements accompanied by written certifications of the
Minister of Public Security or the Minister of Defense which require that their
safety or confidentiality (classified as strictly confidential or top secret)
strictly be protected shall be exempt from actual inspection and customs
declaration.
The Minister of Public Security
and the Minister of Defense shall take responsibility before the Prime Minister
for the contents of their written certifications.
Article
38.- Customs procedures under preferential or immunity regime
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2. Personal luggage and vehicles
of the following individuals and organizations shall be exempt from customs
inspection:
a/ Vehicles and articles used
for performance of official duties of foreign diplomatic representative
missions or consulates or representative offices of international organizations
in Vietnam shall enjoy preferential treatment or diplomatic immunity under the
provisions of law;
b/ Holders of diplomatic
passports granted by the Vietnamese Foreign Ministry or foreign-based embassies
or general consulates or by foreign ministries or competent agencies of the
countries which have recognized the Socialist Republic of Vietnam;
c/ Wives (or husbands) and minor
children accompanying the persons defined at Point b of this Clause.
3. Other goods exempt from
customs declaration or inspection under decisions of the Prime Minister.
4. If having grounds to believe
that vehicles, goods or articles of persons defined in Clause 1 or 2 of this
Article are in violation of the prescribed preferential or immunity regime, the
General Director of Customs shall decide on the inspection and handling thereof
according to the provisions of Article 62 of the Customs Law.
Article
39.- Goods and luggage consigned for import or export which are strayed or
mistakenly claimed
1. When filling in customs
procedures for claiming their drifted, strayed or mistakenly claimed goods or
luggage which had been consigned for import or export, goods owners or their
authorized persons must submit the following papers:
a/ Documents evidencing their
ownership over the consigned goods or luggage;
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2. Where it is impossible to
identify the recipients of consigned goods or luggage specified in this
Article, such goods or luggage shall be handled according to the provisions of
Article 45 of the Customs Law.
Chapter
III
CUSTOMS PROCEDURES FOR,
INSPECTION AND SUPERVISION OF, MEANS OF TRANSPORT ON ENTRY, EXIT OR IN TRANSIT
Article
40.- General provisions
1. Means of transport, when
entering, leaving or transiting the Vietnamese territory, shall be subject to
customs procedures at border-gates of their entry, exit or transit. When
carrying customs procedures, if customs offices detect signs of law violations,
the operators of means of transport in question must abide by customs requests
for inspection or search under the provisions of law.
2. Authorities of airports,
seaports and international railway stations shall have to notify in advance
border-gate Customs Sub-Departments of the information specified in Article 56
of the Customs Law. Transport organizations shall have to supply border-gate
Customs Sub-Departments with information on goods, passengers, crew members and
persons working on their means of transport as well as information relating to
the customs management of means of transport on entry, exit or in transit.
3. Information specified in
Clause 2 of this Article shall be supplied in writing or via a computer network
connected to Customs Sub-Departments.
4. Means of transport on entry,
exit or in transit shall be subject to customs supervision according to the
provisions of Article 13 of this Decree.
5. Military means of transport
carrying passengers and civil goods shall be subject to customs procedures upon
their entry, exit or transit, like other means of transport.
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1. Right after the entry of
airplanes and before airline agencies complete airline procedures for
passengers on exit and exports, operators of airplanes or their representatives
must each submit to customs offices at the airports the following documents:
a/ A list of goods and luggage;
b/ A list of crew members and
servants working onboard the airplane;
c/ A list of passengers.
2. Airplanes in transit for
technical stopovers shall not be subject to customs declaration but be subject
to customs supervision.
Article
42.- Seagoing ships on entry, exit, in transit
1. Customs procedures:
a/ At least 01 (one) hour before
the entry or exit of seagoing ships which are ready to go through customs
procedures, port authorities and ship owners or representatives of ship owners
shall notify customs offices at ports of information specified in Clauses 2 and
3, Article 40 of this Decree;
b/ Customs offices shall carry
out procedures for entry or exit seagoing ships at prescribed locations. Where
competent state agencies decide that seagoing ships will moor or anchor at
other places in the Vietnamese sea areas, customs procedures for ships on entry
or exit shall be carried out at such places.
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When filling in customs
procedures, shipmasters or their representatives must present to the customs
office at port the ship’s log book (for entry), and a diagram of goods loaded
onboard the ship, and submit the following declarations:
a/ A manifest of cargo
transported onboard the seagoing ship;
b/ The declaration on departure
and arrival of the ship, for entry and exit;
c/ The declaration on materials
and fuel, food and foodstuff provisions of the ship;
d/ The declaration on
explosives, flammables, anesthetics, toxics and weapons onboard the ship;
e/ A list of crew members;
f/ A list of passengers (if
any);
g/ The declarations on goods and
luggage of crewmembers.
3. All customs dossier documents
already submitted to customs offices must neither be withdrawn nor amended,
except for plausible reasons and the amendment of such documents will not
affect the observance of the provisions of tax law and the imports and exports
management policy, and is approved by Customs Sub-Department directors.
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1. Seagoing ships or airplanes
moving from port to port means that ships or airplanes are moving from one port
to another for unloading imports or loading exports under customs inspection
and supervision.
2. Before moving from port to
port, operators of ships or airplanes or their lawful representatives must
submit the cargo manifests to customs offices.
3. Customs offices at places
from which seagoing ships or airplanes leave shall carry out customs procedures
for port-to-port movement and hand customs dossiers to the ship or airplane
operators for transfer to customs offices at places in which the ships or
airplanes will arrive.
4. Goods transferred from port
to port, food and foodstuff provisions of seagoing ships moving from port to
port must be affixed with customs seals, except where exports remain in cargo
compartments and have not been unloaded from the ships.
Article
44.- Transnational trains on entry, exit, in transit
1. Transnational trains on exit:
When a train arrives at a border railway station, the train master or his/her
representative must submit to the customs office at the station the following
papers:
a/ A declaration on the train’s
members, a list of crewmembers and people working on the train, and a
declaration of their luggage;
b/ A list of exports, including
in-transit goods, a record of hand-over and receipt of wagons (for cargo
trains);
c/ A list of passengers and
their registered luggage-claim tickets (for passenger trains);
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2. Transnational trains on
entry: When such a train arrives at a border railway station, the train master
or his/her representative shall submit to the customs office at the station the
following papers:
a/ A declaration on the train’s
members, a declaration on luggage of crewmembers and people working on the
train;
b/ A declaration on imports, a
record of hand-over and receipt of wagons (for cargo trains);
c/ A list of passengers and
their registered luggage-claim tickets (for passenger trains);
d/ A declaration on fuels,
materials, food, foodstuff provisions of the train;
e/ A manifest of cargo unloaded
at each inland international railway station.
3. Transnational trains at
inland international railway stations: When such a train arrives at an inland
international railway station, the train master or his/her lawful
representative must submit to the customs office at the station the following
papers:
a/ A manifest of imports,
certified by the customs office at the border international railway station;
b/ A bill of lading;
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4. Managers of transnational
trains or goods owners shall take responsibility for keeping goods and wagons
in the same condition in the course of transportation from the inland station
of loading to the station of exit (for exports) and from the station of entry
to the inland station of unloading (for imports).
Article
45.- Cars on entry, exit or in transit
1. Cars defined in this Article
mean cargo trucks and passenger cars for commercial purposes.
2. Cars on-entry, exit or
in-transit must, when arriving at border-gates, stop at prescribed places for
carrying out customs procedures. Customs declarants must declare and submit to
the border-gate customs office the following papers:
a/ An entry or exit permit as
provided in the land transport treaty concluded between Vietnam and the
bordering country or concluded between regional countries;
b/ A customs declaration for the
car on entry, exit or in transit;
c/ A declaration of imports or
exports (for cars carrying imports or exports);
d/ A declaration of imported or
exported luggage of the driver;
e/ A list of passengers and a
declaration of their luggage (if any).
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For rudimentary vehicles on
entry, exit or in transit, their owners or operators must declare and submit to
customs offices the following papers:
1. A declaration of imports or
exports (if any).
2. A declaration of luggage of
the operator of the means of transport, people working on such means of
transport and passengers (if any).
Article
47.- Means of transport of individuals or agencies or organizations which
are temporarily imported for re-export or temporarily exported for re-import
for non-commercial purposes
1. Means of transport of
individuals or agencies or organizations on entry or exit for non-commercial
purposes defined in this Article mean passenger cars, passenger-cum-cargo cars,
motorbikes, boats or canoes with or without motor engines. The temporary import
or export of such means must be permitted by competent agencies under the
provisions of the land transport treaty between Vietnam and the bordering
country.
2. Means of transport of
individuals or organizations in border areas that regularly cross the borders
shall need no permits.
3. Customs dossiers shall each
comprise:
a/ A customs declaration;
b/ A permit (except for
temporary import for circulation in the border area);
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4. The Finance Ministry shall
guide the implementation of the provisions of Clauses 1 and 2 of this Article.
Chapter IV
INTELLECTUAL PROPERTY
CONTROL OVER IMPORTS AND EXPORTS
Article
48.- Procedures for suspension of customs procedures
1. Holders of intellectual
property (IP) rights or their lawfully authorized persons (hereinafter called
applicants) shall have the right to file with customs offices applications for
a long term or specific suspension of customs procedures for imports or exports
suspected of infringing upon IP rights (hereinafter called suspension
applications for short).
2. The authorization of the
filing of applications shall be conducted as follows:
a/ Vietnamese individuals, legal
persons and other subjects as well as foreign individuals residing in Vietnam
may authorize industrial property representation service organizations to file
applications on their behalf;
b/ Foreign legal persons having
representative offices in Vietnam, foreign individuals or legal persons having
production and/or business establishments in Vietnam may authorize their
Vietnam-based representative offices or production and/or business
establishments or industrial property representation service organizations to
file applications on their behalf;
c/ Foreign individuals not
residing in Vietnam and having no production and/or business establishments in
Vietnam, foreign legal persons having neither lawful representatives nor
production and/or business establishments in Vietnam may only authorize
industrial property representation service organizations to file applications
on their behalf.
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a/ For long-term suspension
requests:
- The application (made
according to a set form);
- Copies of industrial property
protection titles or other documents evidencing industrial property rights
being protected in Vietnam or copies of certificates of registration of
contracts on the transfer of rights to use industrial property objects; copies
of copyright and relevant right registration certificates or other documents
evidencing copyright and relevant rights;
- The written authorization of
application filing (in case of authorization);
- The detailed description of
goods infringing upon IP rights, including photos (if any), and characteristics
for distinguishing genuine goods from goods infringing upon IP rights;
- The list of lawful importers
or exporters of goods requested to be supervised; the list of importers or
exporters that are likely to import or export goods infringing upon IP rights;
- The mode of import or export
and other information related to the import or export of goods infringing upon
IP rights (if any);
- The receipt of payment of fee
for suspension of customs procedures with regard to goods suspected of
infringing upon IP rights.
b/ For specific suspension
requests:
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- Copies of industrial property
protection titles or other documents evidencing industrial property rights
currently protected in Vietnam or copies of certificates of registration of
contracts on the transfer of rights to use industrial property objects; copies
of copyright and relevant right registration certificates or other documents
evidencing copyright and relevant rights;
- The written authorization of
application filing (in case of authorization);
- The address of the goods
importer or exporter (if any);
- The predicted time and venue
of carrying out import and export procedures;
- The detailed description or
photos of goods infringing upon IP rights;
- The results of expertizing
initial evidence by an IP expertise organization;
- The receipt of payment of
security money into the customs custody account at the state treasury equal to
20% of the goods lot’s value stated in the contract or of at least VND
20,000,000 (where the value of such goods lot has not yet been determined), or
the guarantee document issued by a credit institution to secure the payment of
damages for the goods owner and other expenses which may be incurred by
concerned agencies, organizations or individuals due to improper suspension of
customs procedures;
- The receipt of payment of fee
for suspension of customs procedures for goods suspected of infringing upon IP
rights.
Article
49.- Term and scope of application
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2. Venues for receipt of
applications:
a/ Customs Sub-Departments shall
receive applications falling within the scope of border-gates under their
management;
b/ Customs Departments shall
receive applications falling within the scope of border-gates under their
management;
c/ The General Department of
Customs shall receive applications falling within the scope of border-gates
under management of 02 or more Customs Departments;
3. Within 30 (thirty) days after
receiving long-term suspension applications or within 24 working hours after
receiving specific suspension applications, which are complete under the
provisions of Clause 3, Article 48 of this Decree, customs offices shall have
to consider and issue written notices on the acceptance of such applications
and acknowledgement of information therein. If rejecting the applications, they
must give written replies, clearly stating the reasons therefor.
Article
50.- Procedures for exercise of IP rights
1. After accepting applications,
the General Department of Customs and Customs Departments shall supply relevant
Customs Sub-Departments in charge of such applications with acknowledged
information about goods bearing fake labels or infringing upon IP rights, and
direct follow-up work.
2. If accepting applications,
basing themselves on information in such applications and instructions of the
General Department of Customs and provincial/municipal Customs Departments,
Customs Sub-Departments shall have to inspect and detect goods suspected of
bearing fake labels or infringing upon IP rights. When detecting goods lots
with fake labels or infringing upon IP rights, directors of Customs
Sub-Departments shall suspend the carrying out of customs procedures and notify
applicants thereof in writing, concurrently request the latter to pay an
advance amount for security or submit guarantee documents (if not paid or
submitted yet) within 03 (three) working days after the issuance of notices.
a/ Within 03 (three) working
days after suspension, if applicants neither request further suspension of
customs procedures nor pay an advance security amount or submit guarantee
documents, Customs Sub-Departments shall continue carrying out customs procedures
for concerned goods lots;
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A decision on suspension of
customs procedures must specify the goods lot subject to suspension; the names,
addresses, fax and telephone numbers of the goods lot owner and the applicant;
the holder of IP rights; the reasons for suspension of customs procedures and
the suspension term.
Article
51.- Term of suspension of customs procedures and inspection for
determination of legal IP status
1. The term of suspension of
customs procedures shall be 10 (ten) working days from the date of issuance of
suspension decisions.
During the term of suspension of
customs procedures, if applicants request the extension of such term and pay
additional security money amounts at the levels specified in Clause 3, Article
48 of this Decree, directors of Customs Sub-Departments shall issue decisions
to prolong this term for another 10 (ten) working days at most.
2. The time for concerned
parties to supplement evidence, arguments and documents or the time for
expertise at an IP state management agency at the request of Customs Sub-Departments
shall not be counted into the term mentioned in Clause 1 of this Article.
3. Determination of legal IP
status of goods subject to customs procedure suspension
a/ Contents of determination
shall cover:
- Whether the goods contain
infringing elements or not;
- Whether the goods have been
marketed by IP right holders, persons permitted by such holders or persons with
lawful use rights (hereinafter called IP right holders for short) or not.
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c/ Based on supplied evidence,
arguments and documents, if Customs Sub-Departments cannot determine the legal
IP status of goods subject to customs procedures suspension, they may request
applicants to send written requests to IP expertise organizations for expertise
and conclusion.
Article
52.- Continuation of customs procedures for goods suspended therefrom and
handling of involved parties
1. Directors of Customs Sub-Departments
shall issue decisions to continue carrying out customs procedures for goods
lots suspended therefrom in the following cases:
a/ Upon the end of the
suspension term, Customs Sub-Departments have not received any written requests
for handling of acts of infringing upon IP rights from the applicants or any
documents from competent state management agencies or courts which have
received written requests for the settlement of disputes over IP rights related
to the goods lots suspended from customs procedures;
b/ The results of determination
of the legal IP status of the goods lots suspended from customs procedures show
that they do not infringe upon IP rights;
c/ The decisions of competent IP
dispute-settling agencies affirm that the goods lots suspended from customs
procedures do not infringe upon IP rights;
d/ The decisions on customs
procedures suspension are suspended or withdrawn under complaint-settling
decisions;
e/ The applicants withdraw their
applications for customs procedure suspension.
2. Customs offices shall issue
decisions to force applicants to pay all expenses incurred by goods owners due
to the improper suspension of customs procedures. Such expenses shall cover
costs of warehousing, loading, unloading and preservation of goods. Damage
caused by customs procedure suspension shall be agreed upon by involved parties
or determined according to civil procedures.
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4. The tax payment time limit
(if any) shall be counted from the date of issue of the decision on
continuation of customs procedures for a goods lot.
Article
53.- Handling of involved parties in case of IP right infringement
1. Where it is concluded that
goods suspended from customs procedures infringe upon IP rights, goods owners
and their goods shall be handled in accordance with the provisions of law.
2. Owners of imports or exports
shall bear responsibility before law, implement decisions of competent state
agencies, pay damages to IP right holders and expenses incurred due to customs
procedure suspension.
3. Goods owners and applicants
shall have the right to complain about decisions and conclusions of customs
offices regarding the application of IP-related border control measures under
the provisions of law.
Article
54.- Responsibilities of IP right holders
IP right holders shall have to
take initiative in providing information relating to goods infringing upon IP
rights to customs offices; coordinate with the National Office of Intellectual
Property, the Copyright Office and the General Department of Customs in
annually organizing professional refresher courses for customs officers in
order to raise their awareness and initiative in inspecting and stopping goods
infringing upon IP rights at border-gates.
Article
55.- Responsibilities of competent agencies
1. The General Department of
Customs shall have to organize the implementation of IP-related border control
measures in compliance with the provisions of law.
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3. The National Office of
Intellectual Property, the Copyright Department and local IP management
agencies shall have to conduct IP expertise at the request of customs offices
and involved agencies according to their competence and procedures provided for
by IP law.
Chapter V
ORGANIZATION OF
COLLECTION OF TAXES AND OTHER LEVIES ON IMPORTS AND EXPORTS
Article
56.- Rights and obligations of customs declarants in making tax
declaration, calculation and payment
1. Customs declarants shall have
the rights:
a/ To request state agencies to
explain and guide policies on taxes and other levies on imports and exports;
b/ To request customs offices to
keep secret the declared and supplied information under the provisions of law;
c/ To request customs offices
and concerned agencies to exempt taxes; consider tax exemption; reduce or
refund taxes, or not to collect taxes and other levies on imports and exports
under the provisions of law;
d/ To request state agencies to
notify inspection and examination results or comments on inspection and
examination conclusions regarding the declaration, calculation and payment of
taxes and other levies on their imports and exports; to request customs offices
and concerned agencies to explain inspection, examination or tax calculation
contents which are different from tax declaration contents;
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f/ To make complaints or
denunciations, or initiate lawsuits according to the provisions of law.
2. Customs declarants shall have
the obligations:
a/ To declare by themselves
fully and explicitly tax bases, tax amounts and other levies in customs
declaration forms and take responsibility for their declarations;
b/ To calculate, pay taxes,
fines and other levies by themselves in full and on time under the guidance of
customs offices.
Where customs declarants are not
allowed to authorize the tax payment, the responsibility to pay taxes shall
rest with owners of imports and exports.
c/ To supply truthful
information and necessary documents concerning tax bases, methods of
calculating taxes and other levies at the request of customs offices;
d/ To do bookkeeping, practice
cost-accounting and make accounting reports; organize the archive of relevant
customs dossiers, invoices and documents; supply such documents at the request
of customs offices and in strict compliance with the provisions of law;
e/ To execute customs offices’
decisions on handling of taxes and other levies on imports and exports;
f/ To explain tax bases, methods
of calculating taxes and other levies on imports and exports when customs
offices and concerned agencies have grounds to suspect them; and about unclear
contents in the course of tax declaration, calculation and payment.
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In the course of organizing the
collection of taxes and other levies on imports and exports, customs offices
shall have the following responsibilities and powers:
1. To explain, guide, support
and create favorable conditions for customs declarants to declare, calculate
and pay taxes, fines and other levies on imports and exports.
2. To inspect and examine tax
declaration, calculation and payment by customs declarants.
3. To uniformly manage the
collection and payment of taxes; to effect tax exemption, consider tax
exemption, reduction and refund, not to collect taxes and other levies on
imports and exports under the provisions of law.
4. To keep secret information
stated and provided by customs declarants.
5. To request customs declarants
to supply in full and on time accounting dossiers, documents, vouchers and
books when having grounds to suspect tax bases or methods of calculating taxes
and other levies on imports and exports so as to examine the declaration,
calculation and payment of taxes and other levies; or make clear other contents
in the course of tax declaration, calculation and payment.
6. To retrospectively collect
and determine tax amounts and other levies on imports and exports in necessary
cases according to the provisions of law.
7. To apply measures provided
for by law to ensure full collection of taxes.
8. To handle administrative
violations and settle tax-related complaints in accordance with the provisions
of law;
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Article
58.- Imposition of tax amounts and other levies on imports and exports
Customs offices shall impose tax
amounts and other levies on imports and exports in the following cases:
1. Customs declarants have based
themselves on invalid documents to declare tax bases, calculate and declare
payable tax amounts; fail to declare or incompletely and inaccurately declare
tax bases which also serve as a basis for calculation of taxes and other levies
on imports and exports under the provisions of law.
2. Customs declarants refuse to
supply or delay or prolong the time limit set for the supply of, related
documents for customs offices to verify the accuracy of tax amounts and other
levies on imports and exports.
3. Customs offices have grounds
to believe that the declared value of goods is different from their actual
value.
4. The determination of payable
tax amounts shall be based on current tax policies, customs information and
principles for determination of taxable values provided for in Article 4 of the
Decree on customs valuation of imports and exports.
Article
59.- Tax payment and tax credit
1. Taxes, fines and other levies
on imports and exports shall be paid at state treasuries.
2. The payment of taxes, fines
and other levies shall follow the following order:
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b/ Payment of taxes and other
levies.
3. Taxes, fines and other levies
paid in excess of the payable amounts shall be handled in the following order:
a/ To be credited into the
amounts of taxes, fines and other levies which customs declarants are owing to
the state budget.
b/ To be offset against the
amounts of taxes and other levies on subsequent lots of imports or exports at
the request of customs declarants;
c/ To be refunded from the state
budget.
4. The Finance Minister shall
specify forms, dossiers, procedures and order of paying and crediting taxes,
fines and other levies.
Article
60.- Tax receipts and other receipts
1. Receipts on payment of taxes,
fines and other levies shall be issued uniformly by the Finance Ministry. When
paying taxes, fines and other levies, customs declarants must specify every
amount and serial numbers of customs declarations.
2. State treasuries or customs
offices shall, when collecting taxes, fines and other levies, have to issue
receipts or sign, stamp and certify the collection of such amounts in tax
receipts.
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If imports entitled to tax
preferences under the provisions of tax law are subject to tax settlement,
customs declarants shall have to settle taxes with customs offices.
If imports are used for purposes
other than those for which they are entitled to tax preferences, they shall be
subject to retrospective tax and fine collection under the provisions of tax
law.
Article
62.- Responsibilities in relation to changes in legal persons or addresses
1. If in the course of
production and/or business operation, organizations and individuals having
registered import and export codes for import and export business undergo
changes in legal persons as a result of merger, dissolution or bankruptcy or
changes in their addresses or headquarters, they must notify customs offices
thereof in writing and pay all debts to the state budget.
2. Functional agencies competent
to decide on dissolution, bankruptcy or merger shall have to notify customs
offices in writing and coordinate with the latter in handling tax debts, fine
debts and other levies before issuing bankruptcy, dissolution or merger
decisions.
Article
63.- Application of measures to secure full collection of taxes
1. Measures to secure the proper
and full collection of taxes and other levies shall be applied to imports and exports’
owners or their authorized persons.
2. Applicable measures:
a/ To request banks, state
treasuries or other credit institutions to make deductions from deposit
accounts of taxpayers to pay taxes and fines;
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c/ To seize goods or distrain
assets of taxpayers under the provisions of law in order to ensure full
collection of taxes. Past the legally established time limit from the date
customs offices issue decisions to seize goods or distrain assets, if taxpayers
still fail to fully pay taxes or fines, customs offices may auction goods or
assets under the provisions of law to fully collect taxes and fines. The
proceeds from such auction, after making deductions to pay taxes and fines,
shall be returned to taxpayers;
d/ To apply other professional
measures in accordance with the provisions of law.
3. The Finance Minister shall
specify the competence and procedures for, and order of, the application of
measures to secure the full payment of tax liabilities and other liabilities
related to imports and exports.
Chapter VI
POST-CUSTOMS CLEARANCE
INSPECTION
Article
64.- Cases of post-customs clearance inspection
Post-customs clearance inspection
shall be conducted after imports or exports have been cleared from customs
procedures in the following cases:
1. There are signs or
possibilities of violation of customs law as shown by the results of
information analysis by customs offices.
2. Planned inspection to assess
the observance of customs law by customs declarants (hereinafter called
inspected units) in cases other than those specified in Clause 1 of this
Article.
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1. Examination of customs
dossiers:
a/ To examine the legitimacy and
accuracy of customs dossier documents, the consistency of documents enclosed
with declarations with the declared contents and with the provisions of law on
import and export of goods;
b/ To examine the valuation of
goods; tax bases, methods of calculating taxes and other levies; the observance
of regulations and policies on management of imports and exports, IP rights,
treaties, and other provisions on management of imports and exports;
c/ To examine enterprises’
accounting vouchers and books, financial statements and other documents
relating to goods which have been cleared from customs procedures.
2. The actual inspection of
imports shall be conducted in case of necessity and when conditions permit.
Article
66.- Inspection methods
Customs offices shall conduct
post-customs clearance inspection by the following methods:
1. Requesting the inspected
units to produce accounting dossiers, books and vouchers and other documents
relating to imports or exports, already cleared from customs procedures, which
are preserved by such units, and give explanations at customs offices’
headquarters.
2. Verifying the accuracy and
truthfulness of customs dossier documents filed at relevant agencies and
organizations.
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4. Customs declarants shall
themselves conduct inspection and examination to verify the accuracy and
truthfulness of customs declarations, tax calculation and payment related to
goods lots which have been cleared from customs procedures. If discovering
errors, they must notify them to customs offices and voluntarily redress
consequences within a time limit prescribed by law in order to be exempt from
fines.
Article
67.- Competence to decide on inspection
1. Directors of
provincial/inter-provincial/municipal Customs Departments shall decide on
inspection in the following cases:
a/ Inspection under the
provisions of Clause 1, Article 64 of this Decree. Customs Departments which
detect signs or possibilities of violation shall decide on inspection and
concurrently report them to the General Director of Customs;
b/ Planned inspection as
provided for in Clause 2, Article 64 of this Decree at units headquartered in
localities under their management.
2. The General Director of
Customs shall decide on post-customs clearance inspection for cases involving
complicated inspection contents related to many provinces and centrally run
cities.
Article
68.- Inspection duration
1. The inspection duration for
every inspection decision at the head-offices of inspected units shall be no
more than 05 (five) working days for cases defined in Clause 1, Article 64 of
this Decree and 15 (fifteen) working days for cases defined in Clause 2,
Article 64 of this Decree.
2. In complicated cases,
inspection deciders may extend the inspection duration for a time not exceeding
the duration specified in Clause 1, Article 68 of this Decree. The extended
time and extension reasons shall be notified in writing to inspected units.
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Article
69.- Processing of inspection results
1. Inspection results shall be
updated onto the customs information system for analysis and assessment of the
observance of law by goods owners, risks of law violation, which shall serve as
bases for customs inspection to determine whether enterprises have strictly
observed customs law, and help customs offices in the fight against smuggling.
2. Inspection conclusions and
explanations of inspected units (if any), and records of law violations of
inspected units shall serve as bases for customs offices to decide on
retrospective tax collection, tax refund and handling of tax-related violations
under the provisions of law.
3. The retrospective tax
collection, tax refund and handling of tax-related violations shall comply with
the provisions of tax law and relevant laws.
Article
70.- Rights and obligations of inspectors
1. Obligations of inspectors:
a/ To produce inspection
decisions and customs ID cards;
b/ To strictly comply with
inspection principles, contents and order;
c/ Not to make unlawful
requests; not to intentionally make untrue conclusions; take responsibility
before law for inspection conclusions;
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e/ To observe confidentiality
regulations; manage and use for proper purposes supplied vouchers and
documents.
2. Rights of inspectors
a/ To conduct inspection at
headquarters of customs offices or inspected units;
b/ To request inspected units to
explain related contents;
c/ To examine, duplicate and
seize customs dossiers, accounting vouchers and books, financial statements,
and other related dossiers and documents of inspected units;
d/ To inspect, copy and seize
computer systems and other equipment storing data and figures on production
and/or business activities of inspected units;
e/ To conduct actual inspection
of imports which have been cleared from customs procedures;
f/ To use necessary equipment to
facilitate inspection work;
g/ To receive assistance of
experts in different specialized domains;
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i/ To make records of
customs-related administrative violations and apply handling measures under the
provisions of law;
j/ To apply coercive measures
for completion of customs procedures and other handling measures to inspected
units which fail to comply with written requests of customs offices.
Article
71.- Rights and obligations of inspected units
1. Rights of inspected units:
a/ To request inspectors to
produce inspection decisions and customs ID cards;
b/ To reject inspection if
inspection decisions are contrary to law;
c/ To receive inspection
conclusions;
d/ To be explained about inspection
conclusions and make recommendations on handling measures proposed by
inspectors;
e/ To request customs offices to
pay damages caused by the unlawful handling of inspection results;
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g/ To enjoy priorities in the
course of filling in customs procedures if having strictly observed customs law
and regulations on post-customs clearance inspection.
2. Obligations of inspected
units:
a/ To designate competent
persons to work with inspectors;
b/ To create conditions for
inspectors to perform their duties; not to obstruct inspection in any form;
c/ To keep customs dossiers for imports
and exports which have been cleared from customs procedures for 05 (five) years
from the date of registration of customs declarations; to keep accounting
vouchers and books, financial statements and other dossiers and documents
relating to imports and exports already cleared from customs procedures within
the legally established time limit;
d/ To explain related contents
at the request of inspectors;
e/ To supply in full and on time
accurate customs dossiers, accounting vouchers and books, financial statements
and related dossiers and documents at the request of inspectors;
f/ To create conditions for the
inspection of imports;
g/ To observe regulations on
post-customs clearance inspection, and abide by inspection decisions and
conclusions and handling decisions.
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CUSTOMS INFORMATION
Article
72.- Customs information system
1. Customs information means a
collection of information on imports, exports and in-transit goods as well as
means of transport on entry, exit and in transit; on organizations and
individuals directly or indirectly involved in the import, export or transit of
goods, and related to means of transport on entry, exit and in transit; and
other information relating to customs activities.
2. Customs information shall be
used as a basis for making statistics on imports and exports; assessing the
observance of law by customs declarants, the risks of committing violations of
customs law, serving customs clearance, post-customs inspection as well as
prevention and combat of violations of law in customs-related activities.
3. Acts of illegally accessing,
manipulating and destroying the customs information system are strictly
prohibited.
Article
73.- Building of the system of, gathering, processing and exploiting,
customs information
1. The General Department of
Customs shall have to organize the building, management and development of the
database and technical infrastructure of the customs information system
uniformly from the General Department of Customs to grassroots units; organize
units specialized in gathering and processing information, managing the
database, maintaining and operating the customs information system;
coordinating with agencies, organizations and individuals outside the customs
service in connecting networks for exchange of relevant information.
2. Customs offices at all levels
shall have to gather, process and update customs information in the system
according to the objectives and management requirements of each period.
Customs information may be
gathered and processed from the following sources: dossiers and documents kept
by the General Department of Customs; customs procedure clearance, customs
inspection and supervision, analysis and classification of goods; results of
activities of customs control forces; denunciations about acts of violating
customs law committed by agencies, organizations or citizens; agencies, units
and organizations involved in customs activities; domestic and foreign mass
media; exchange of information with customs offices of foreign countries or
international customs organizations; and other sources.
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4. The Finance Minister shall
specify the building of the system of customs information, and the gathering,
processing as well as scope and extent of exploitation of such information.
2. Responsibilities of
agencies, organizations and individuals
a/ Organizations and individuals
shall have to provide information and documents to customs offices under the
provisions of law.
b/ Ministries, ministerial-level
agencies, Government-attached agencies and People’s Committees at all levels
shall have to provide and exchange information related to customs activities as
follows:
- The Ministry of Trade: To
supply information on policies for management of Vietnamese and foreign
imports, exports and in-transit goods; and market management information;
- The Ministry of Public
Security: To supply and exchange information on the prevention and fight of
crimes related to economic management and national security in the domain of
state management over customs; provide information on individuals on entry and
exit, and information on registration and management of means of transport;
- The Ministry of Defense: To
supply and exchange information on the state management of borders, sea areas
and islands and information on individuals on entry and exit for the purpose of
state management over customs;
- The Ministry of Post and
Telematics: To direct and guide postal and telecommunication service-providing
enterprises in providing customs offices with information on postal import and
export packages and parcels; information on goods receivers and senders; and
coordinate with the latter in building an information network;
- The Ministry of Planning and
Investment: To direct and guide provincial/municipal Planning and Investment
Services in providing information on business registration, investment,
establishment, merger and dissolution of import/export enterprises;
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- Banks and credit institutions:
To supply information on payment activities related to imports, exports or
in-transit goods of individuals, organizations or enterprises;
- The Ministry of Industry, the
Ministry of Agriculture and Rural Development, the Ministry of Health, and
other ministries and branches shall, within the ambit of their functions and
tasks, have to supply to and share with customs offices information about
specialized management of imports and exports of all kinds.
3. Information shall be provided
and exchanged in form of documents or electronic data through computer networks
connected directly between customs offices and the above-mentioned agencies,
organizations and individuals.
4. The Finance Ministry shall
assume the prime responsibility for, and coordinate with other ministries and
branches in, elaborating specific regulations on exchange and provision of
customs information.
Chapter
VIII
COMPLAINT, DENUNCIATION,
COMMENDATION AND HANDLING OF VIOLATIONS
Article
75.- Complaint and denunciation
1. Organizations and individuals
shall have the right to complain about administrative decisions and acts of
customs offices and officers when having grounds to believe that such decisions
or acts are contrary to law, infringing upon their legitimate rights and/or
interests.
Individuals shall have the right
to denounce acts of violating law committed by customs officers to heads of
customs offices at all levels.
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3. Organizations and individuals
have the right to initiate administrative lawsuits before administrative courts
against administrative decisions or acts of customs offices or officers under
the provisions of law.
Article
76.- Commendation and handling of violations
1. Customs offices and officers,
organizations and individuals involved in import and export activities as well
as other organizations and individuals that make achievements in implementation
or coordination in implementation of regulations on customs procedures,
inspection and supervision shall be commended under the provisions of law.
2. Customs declarants and
concerned organizations and individuals, if violating the provisions of this
Decree shall, depending on the nature and seriousness of their violations, be
administratively handled, pay damages (if any) or be subject to examination for
penal liabilities according to the provisions of law.
3. Customs offices and officers
as well as concerned organizations and individuals, if committing acts of
abusing their positions and/or powers to violate the provisions of this Decree
shall, depending on the extent of their violations, be disciplined, pay
material damages (if any) or be subject to examination for penal liabilities
under the provisions of law.
Chapter IX
IMPLEMENTATION
PROVISIONS
Article
77.- Effect of the Decree
This Decree takes effect 15 days
after its publication in “CONG BAO” and replaces the Government’s Decree No.
101/2001/ND-CP of December 31, 2001, detailing the implementation of a number
of articles of the Customs Law regarding customs procedures, inspection and
supervision, and Decree No. 102/2001/ND-CP of December 31, 2001, detailing
post-customs clearance inspection for imports and exports.
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Article
78.- Responsibilities for implementation of the Decree
The Finance Ministry shall guide
the implementation of this Decree.
Ministers, heads of
ministerial-level agencies, heads of the Government-attached agencies and
presidents of provincial/municipal People’s Committees shall have to implement
this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Phan Van Khai