THE GENERAL DEPARTMENT
OF CUSTOMS
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No: 04/1999/TT-TCHQ
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Hanoi, June 18, 1999
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CIRCULAR
GUIDING THE CUSTOMS PROCEDURES FOR EXPORT GOODS, IMPORT
GOODS AND TRANSPORT MEANS ON ENTRY OR EXIT THROUGH THE LAO BAO ECONOMIC AND
TRADE DEVELOPMENT PROMOTION AREA, QUANG TRI PROVINCE, UNDER THE PRIME MINISTER’S
DECISION No. 219/1998/QD-TTg OF NOVEMBER 12, 1998
Pursuant to the February 20, 1990 Ordinance
on Customs;
Pursuant to the Government’s Decree No. 16/1999/ND-CP of March 27, 1999 on the
customs procedures, supervision and fees;
Pursuant to Article 3 of the Prime Minister’s Decision No. 219/1998/QD-TTg of
November 12, 1998;
The General Department of Customs hereby guides and stipulates the following:
I. GENERAL PROVISIONS
1. The Lao Bao economic and trade development
promotion area mentioned in this Circular is hereafter referred to as the Lao
Bao trade area (the LBTA), with administrative boundary defined in Article 2 of
the Prime Minister’s Decision No. 219/1998/QD-TTg of November 12, 1998
promulgating the Regulation on the Lao Bao economic and trade development
promotion area, Quang Tri province.
The LBTA has its gate A being Lao Bao international
border-gate, which borders the Lao People’s Democratic Republic, and gate B,
where Tan Hop checking station, the innermost point of the Lao Bao trade area
on inland Vietnam, is situated.
2. The Lao Bao trade area has its customs
organization being an unit attached to the Customs Department of Quang Tri
province (hereafter referred to as the Lao Bao trade area’s customs authority),
having its working office located in the LBTA and performing the function of
State management over the customs regarding activities of export, import,
temporary import for re-export, temporary export for re-import,
cross-bordergate transshipment and transit of goods upon the exit, entry or
deposit of such goods at the LBTA, and the fight against smuggling or illicit
cross-border transportation of goods, foreign exchange and Vietnamese currency.
3. All goods or service transactions between the
LBTA and the domestic parties are considered export or import transactions.
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+ Goods originated from inland Vietnam and
brought into the LBTA and those produced, processed, recycled or assembled at
the LBTA shall be exempt from export duty when being exported.
+ Goods imported from foreign countries or
exported from inland Vietnam into the LBTA; from the LBTA to foreign countries
or into inland Vietnam must satisfy the following conditions:
- They are not on the list of goods banned from
export and/or import annually published by the Vietnamese Government;
The export and import of goods on Vietnam’s list
of goods banned from export and import but not specified in Laos’ and
international lists of goods banned from export and import through the LBTA
must be permitted by the Prime Minister.
- They are allowed to be lawfully circulated on
the Vietnamese market.
- Particularly, the goods items subject to the
quota-regulated business or conditional business shall comply with the Ministry
of Trade’s guidance.
4. The goods owners or representatives lawfully
authorized by the goods owners (hereafter collectively referred to as the goods
owners), when bringing their goods, luggage, foreign exchange and/or transport
means into or out of the LBTA shall have to go through gate A or gate B of the
LBTA and comply with the following regulations:
- Filling in the customs procedures;
- Fully complying with the regulations of the
specialized management agency(ies);
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5. The import of goods from foreign countries or
inland Vietnam into the LBTA or the export of goods from the LBTA to foreign
countries or into inland Vietnam by the LBTA enterprises shall comply with
their business registration certificates or permits granted by Vietnam’s
competent State agencies.
6. All goods exported or imported by the
enterprises in the LBTA shall have to go through the customs procedures carried
out by the LBTA’s customs authority.
But with a view to creating favorable conditions
for production and business activities of the LBTA’s enterprises, the leading
officials of the LBTA’s customs authority may allow such enterprises’ import
goods with small value (under 50 million dong) to go through the customs
procedures at other border-gates.
II. THE CUSTOMS PROCEDURES
1. The procedures for import goods:
1.1. The LBTA’s enterprises shall have to fill
in the customs procedures for importing goods within the prescribed time limit,
and submit and produce to the LBTA’s customs authority the dossier sets defined
in Clause 1, Article 6, Section I, Chapter II of the above-said Government’s
Decree No.16/1999/ND-CP of March 27, 1999.
1.2. The LBTA’s customs authority shall, after
receiving and examining the dossiers and if such dossiers are complete and
valid, have to carry out the procedures for registering customs declarations as
prescribed.
1.2.1. For goods imported into the LBTA through
gate A, the Lao Bao border-gate’s customs authority shall conduct the
inspection of such goods according to regulations applicable to each import
type.
1.2.2. For goods imported into the LBTA through
gate B, the goods owners or the escorting customs officers shall carry the
dossier sets already registered at the LBTA’s customs authority to the first
import border-gate for filling in the procedures for forwarding such goods to
LBTA’s customs authority through gate B for completion of the customs
procedures as prescribed.
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1.3. Goods imported into the LBTA after the
customs procedures therefor are completed shall have their import goods declarations
affixed with the stamp "import duty-free goods"
Goods, for which the customs procedures have not
been completed, shall have to be carried into separate zones (warehouses or
storing yards) and subject to the inspection, supervision and management by the
LBTA’s customs authority.
1.4. For goods imported into inland Vietnam, the
customs procedures shall be carried out by the Lao Bao border-gate’s customs
authority according to the current regulations applicable to each import type.
Upon the completion of the customs procedures, such import goods lots shall be
transported through the LBTA’s gate B into inland Vietnam.
2. The procedures for export goods:
2.1. The LBTA’s enterprises shall have to fill
in the customs procedures for exporting goods within the time limit prescribed
for each kind of transport means, and submit and produce to the LBTA’s customs
authority their customs dossier sets and goods according to the provisions of
Clause 1, Article 6, Section I, Chapter II of the above-said Government’s
Decree No. 16/1999/ND-CP of March 27, 1999.
2.2. The LBTA’s customs authority shall have to
receive dossiers and examine their validity and completeness, as well as
contents declared by the customs declarants themselves. If such dossiers are
complete and valid, it shall carry out the procedures for registering customs
declarations, then conduct the inspection of goods and complete the customs
procedures according to the current regulations.
In cases where the export goods have been
produced from imported raw materials, the concerned enterprises shall have to
accompany such goods with raw materials import vouchers for liquidation of
imported raw materials volume by the customs.
The tax calculation section on the export goods
declarations reserved for the customs authority shall be affixed with
"export duty-free goods" stamp after the customs procedures for
export goods lots are completed.
2.3. If goods are packed into containers, the
customs authority shall have to seal them up and hand dossier sets thereof
(with written certification by the LBTA’s management board that such goods are
from the LBTA), for which the customs procedures have been completed, to the
goods owners for transport of such goods to the last export border-gate.
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2.4. Export goods, which have gone through the
customs procedures but not yet actually been exported, shall have to be subject
to the supervision and management by the customs authority (where the goods
lots are kept) until they are actually exported.
3. The customs procedures for raw materials,
supplies, inferior-quality products and discarded materials (as specified in
Article 8 of the Regulation), which are allowed to be sold on the domestic
market, shall be carried out as follows:
3.1. An enterprise of the LBTA (the seller) that
has goods which are exempt from import duty but have not been used up or has
inferior-quality products and/or discarded materials with remaining commercial
value shall be allowed to bring them out of the LBTA through gate B for sale on
the domestic market. The purchase of such goods, inferior-quality products or
discarded materials by a domestic enterprise (the purchaser) shall be
considered import from foreign countries and regulated by the goods export and
import management mechanism annually promulgated by the Vietnamese Prime
Minister and the current tax laws.
- The volume of goods, inferior-quality products
and discarded materials, before being sold on the domestic market, shall be
compared with that of initially imported goods (the volume of goods already
used in the production, that of goods in stock and that of discarded materials
and inferior-quality products). Only if the compared volumes are matching,
shall such goods, inferior-quality products and discarded materials be allowed
to be sold, after the procedures for retrospective payment of duties, which
have previously been exempted upon the initial importation, and other
collection amounts according to the current regulations of the Vietnamese
State, are completed.
3.2. For goods, inferior-quality products and
discarded materials allowed to be sold on the domestic market according to
Point 3.1 above, the declarations and customs procedures shall be made and
filled in on declaration form HQ2-96; they shall not be limited in terms of
value and volume and the customs procedures therefor shall be carried out by
the LBTA’s customs authority.
The customs procedures shall comply with the
General Department of Customs’ Decision No.127/TCHQ-GSQL of April 10, 1995
promulgating the procedural process and the diagram of process for carrying out
the customs procedures for non-commercial export goods and import goods,
Decision No.50/1998/QD-TCHQ of March 10, 1998 (form HD6A), Decision
No.229/1998/QD-TCHQ of September 12, 1998 and other relevant guiding documents.
3.3. Besides the dossier set that must be
submitted and produced to the customs authority according to the above
provisions, the seller shall have to additionally submit the following papers:
- A written request (or an application) for sale
of goods on the domestic market (clearly stating: the reason(s) for sale, name
and address of the purchaser, the name, quality, quantity and value of goods
items for which the import procedures have been completed on customs
declaration No..., date...);
- The LBTA management board’s written
certification of the volume of goods not used up, or inferior-quality products
and/or discarded materials, with remaining commercial value, and intended to be
sold on the domestic market.
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3.4. If the goods are on the list of goods
subject to conditional import, a permit by the Ministry of Trade or specialized
managing agency is required.
4. The customs procedures for goods imported
from the domestic market:
4.1. Vietnamese goods, which are purchased and
brought from the domestic market through gate B of the LBTA for use therein by
LBTA’s enterprises, shall be considered imports, declared on declaration form
HQ2-96 and regulated by the goods export and import management mechanism
annually promulgated by the Vietnamese Prime Minister.
4.1.1. The customs procedures shall comply with
the provisions in the documents mentioned at Point 3.2 above.
4.1.2. The tax calculation section on customs
declarations reserved for the customs office shall be affixed with "import
duty-free goods" stamp.
4.2. The purchase of raw materials and materials
from the domestic market without Vietnamese origin by the LBTA’s enterprises
for use in their production, processing, recycling, assembly of goods and
finished products shall comply with the provisions of the Government’s Decree
No.57/1998/ND-CP of July 31, 1998 and the relevant guiding documents.
5. For goods, machinery and/or equipment
of the LBTA’s enterprises which need to be repaired or expertised according to
the written approval of the LBTA management board, the following regulations shall
apply:
If such goods are temporarily exported into the
inland: the declaration thereof shall be made and the customs procedures
therefor shall be filled in on customs declaration form HQ2-96, duty(ies)
thereon shall also be temporarily collected. If such goods are re-imported
within the prescribed time limit, the customs authority shall reimburse the
duty amount temporarily collected upon the temporary export. If past the
prescribed time limit, such goods still fail to be re-imported, they shall be dealt
with according to the current regulations.
6. Border residents and the LBTA’s
enterprises as defined in Article 7 of the Regulation shall be allowed to
register their business and exchange goods at the border market within the LBTA
according to the provisions of the Regulation on organization and management of
Vietnam-Laos border markets issued together with the Minister of Trade’s
Decision No.807/1998/QD-BTM of July 15, 1998 and the relevant guiding
documents.
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8. Goods imported for participation in
trade fairs or exhibitions at the LBTA shall comply with the provisions in
Section 3, Chapter 4 of the Government’s Decree No.32/1999/ND-CP of May 5, 1999
on sale promotion, commercial advertisement and trade fairs and exhibitions.
9. Enterprises trading in duty-free goods
in the LBTA: the LBTA’s enterprises that wish to trade in duty-free goods shall
have to apply for permission of the competent agency(ies) and shall be allowed
to operate only after they obtain business qualification certificates granted
by the Ministry of Trade (for Vietnamese enterprises) or permits of the
Ministry of Planning and Investment (for joint-ventures with foreign partners).
The customs procedures for activities of
duty-free shops shall comply with the provisions of Circular No.10/1998/TT-TCHQ
of November 19, 1998 guiding the implementation of the Regulation on duty-free
shops issued together with the Prime Minister’s Decision No.205/1998/QD-TTg of
October 19, 1998.
10. Foreign-invested enterprises
operating in the LBTA shall comply with the provisions of the Law on Foreign
Investment in Vietnam, the Government’s Decree No.12/CP of February 18, 1997,
the General Department of Customs’ Circular No.111/GSQL-TT of May 28, 1997 and
the relevant legal documents.
11. Enterprises dealing in bonded
warehouses shall comply with the Regulation on bonded warehouses issued
together with the Prime Minister’s Decision No.212/1998/QD-TTg of November 2,
1998 and the General Department of Customs’ Circular No.12/1998/TT-TCHQ of
December 10, 1998 guiding the implementation of the Regulation on bonded
warehouses.
12. For goods traded or exchanged between
enterprises in industrial parks, export processing zones and hi-tech parks and
the LBTA’s enterprises, the provisions of the Government’s Decree No.36/CP of
April 24, 1997, the General Department of Customs’ Decision No.66/TCHQ-GSQL of
June 28, 1996 promulgating the Regulation on export processing zones customs
and the relevant guiding documents shall apply.
13. For goods being gifts, donations,
movable assets, commodities and necessities of diplomatic missions and
international organizations, and personal belongings of persons who enjoy the
diplomatic privileges and immunities; and of foreigners working in the LBTA as
defined in Article 11 of the Regulation issued together with the Prime
Minister’s Decision No.219/1998/QD-TTg of November 12, 1998, the following
guidance shall apply:
a/ The export or import of goods as gifts or
donations by subjects working or doing business in the LBTA shall comply with
the provisions of the General Department of Customs’ Circular
No.11/1998/TT-TCHQ of December 1st, 1998.
b/ Duty-free luggage quotas for foreigners
working in the LBTA shall comply with the provisions of the General Department
of Customs’ Circular No.07/1998/TT-TCHQ guiding the implementation of Decree
No.17/CP of February 6, 1995 and the Government’s Decree No.79/1998/ND-CP of
September 29, 1998.
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d/ Goods and/or luggage of subjects entitled to
the diplomatic privileges and immunities shall comply with the provisions of
the August 23, 1993 Ordinance on the privileges and immunities for foreign
diplomatic missions and consular offices, and representatives of the
international organizations in Vietnam, and the Government’s Decree No.73/CP of
July 30, 1994 as well as the relevant documents guiding the implementation
thereof.
e/* For goods, luggage and foreign exchange
brought by foreigners from inland Vietnam into the LBTA or from the LBTA into
inland Vietnam, the customs procedures shall be carried out right at the LBTA
or the papers with the completed customs procedures shall be produced to the
customs authorities of other border-gates.
* Foreigners and Vietnamese working daily in the
LBTA shall only be allowed to bring from inland Vietnam into the LBTA foreign
exchange in a volume prescribed by the State Bank of Vietnam, or necessities of
kinds and in quantities appropriate to their working purposes and duration in
the LBTA.
III. THE CUSTOMS INSPECTION
AND SUPERVISION AT GATES A-B
A. THE CUSTOMS SUPERVISION PROCEDURES AT GATES
A-B:
1. The responsibilities of the goods owners:
1.1. * For goods exported from the LBTA, they
shall have to produce to the customs offices of gates A-B:
- Declarations with the completed customs
procedures.
- Bills for export goods forwarding (goods lots
through gate B for export through other border-gates).
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- Declarations with the completed customs
procedures.
- Bills for export goods forwarding
1.2. For goods imported (through gate A) into
the LBTA or goods through the LBTA into inland Vietnam, the following must be
produced to gate A’s customs office:
- Customs declarations already registered for
import by the LBTA’s enterprises or domestic enterprises.
- Bills for import goods forwarding (for import
goods lots of domestic enterprises).
1.3. For goods imported into inland Vietnam
through gate B, for which the customs procedures have been carried out by the
Lao Bao border-gate’s customs authority, the following must be produced to gate
B’s customs office:
- Declarations with the completed customs
procedures.
1.4. For goods deposited in bonded warehouses,
the following must be produced to the customs:
- Goods declarations and contracts for
depositing goods in bonded warehouses.
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- The competent State agency’s permit for
transporting goods on transit, cross-bordergate transshipment, temporary import
for re-export through the LBTA.
2. The duties of customs offices of gates A-B:
2.1. For export goods and import goods:
- To check and compare papers as prescribed
above with actual volume, signs on goods bales (for knocked down goods), signs
on containers or seal on containers through gates A-B.
- To give certifications, after comparing the
papers and actualities and if they are matching, on the customs declarations
and diaries.
- To open diaries for recording, summing up and
liquidating each goods lot for goods transported through gates A-B in many lots
and many days.
- Through the inspection and supervision at the
gates, if suspicious cases are detected, the customs officers supervising the
gates shall have to promptly report them to the leading officials of the LBTA’s
customs authority for decision on forms of inspection thereof.
2.2. For passengers, transport means and
operators thereof on exit or entry:
2.2.1. Gate As customs office shall guide and
carry out the procedures for luggage of passengers, operators of transport
means and transport means on exit or entry through gate A according to the
current regulations.
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B. IMPLEMENTATION ORGANIZATION AND
COORDINATION
1. At each of gates A and B, there must be a
supervising customs team or section which performs the task of around-the-clock
inspection divided into shifts.
2. Each of gates A and B must have a management
and monitoring book and a diary.
3. After each duty shift, the off-duty officers
shall have to hand over the duty and inform the situation to the next shift’s
officers. They shall have to promptly report unexpected incidents beyond their
handling competence to the leading officials of the LBTA’s customs authority
for handling directions.
IV. REGULATIONS ON VARIOUS
KINDS OF MANAGEMENT AND MONITORING BOOKS
1. Kinds of books:
Basing itself on the current regulations on each
type of export goods, import goods or transport means on exit or entry, the
LBTA’s customs authority shall have to open books for separate management and
monitoring.
2. Use regulations:
- The books must be sequentially numbered, with
the customs seal affixed on each page, and the certification, signature and
seal of the leading official of the LBTA’s customs authority put on the first
page.
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- The books shall be kept according to
regulations.
V. HANDLING OF VIOLATIONS
Organizations and individuals that violate the
provisions of the Regulation on Lao Bao trade area and this guiding Circular
shall, depending on the seriousness of their violations, be sanctioned for
administrative violations in the field of customs or examined for penal
liability as prescribed by law.
VI. ORGANIZATION OF
IMPLEMENTATION
1. This Circular takes effect 15 days after its
signing.
2. The Director of the Customs Department of
Quang Tri province shall have to guide and direct the attached units in
implementing the provisions of this Circular; publicly posting up relevant
guiding documents at the places where the customs procedures are carried out
and carrying out procedural steps for each type according to the current
regulations in order to quickly release goods, luggage, foreign exchange and
transport means under the General Department of Customs’ policy of customs
procedures reform at the LBTA.
3. The Customs Department of Quang Tri province shall
have to closely coordinate with the concerned agencies in implementing the
Regulation on the LBTA issued together with Decision No.219/1998/QD-TTg of
November 12, 1998 of the Prime Minister and this guiding Circular.
4. The Director of the Supervision and
Management Department, the heads of the Departments and Sections under the
General Department of Customs and the directors of the provincial/municipal
Customs Departments shall have to implement the provisions of the Regulation on
the LBTA issued together with Decision No.219/1998/QD-TTg of November 12, 1998
of the Prime Minister and this guiding Circular.
Any difficulty and problem arising in the course
of implementation shall be promptly reported to the General Department of
Customs for handling guidance.
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THE GENERAL DEPARTMENT
OF CUSTOMS
Nguyen Van Cam