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THE
MINSITRIES
INTER – MINISTERIAL
THE MINISTRY OF TRADE-THE MINSITRY
OF FINANCE – THE MINISTRY OF TRANSPORT
JOINT CIRCULAR No. 08/2004/TTLT-BTM-BTC-BGTVT
OF DECEMBER 17, 2004 GUIDING THE PROVISION OF CONTAINER
TRANSSHIPMENT SERVICES AT VIETNAMESE SEAPORTS
Pursuant to the May 10, 1997 Commercial
Law; the June 29, 2001 Customs Law and the June 30, 1990
Maritime Code of Vietnam;
Based on the Prime Minister’s directing
opinions in the Government Office’s Document No. 1163/VPCP-CN
of March 15, 2004 on container transshipment services at
Vietnamese seaports;
The Trade Ministry, the Finance Ministry
and the Transport Ministry hereby jointly guide the provision
of container transshipment services at Vietnamese seaports
as follows:
I. GENERAL
PROVISIONS
1. This Joint Circular only guides the provision of container
transshipment services at Vietnamese seaports and applies
to seaport enterprises and concerned organizations and individuals.
2. Interpretation of terms:
In this Circular, the following terms are construed as
follows:
a/ Container transshipment service means the loading or
unloading of containers at requests of carriers by the following
modes:
- Unloading of containers carried by transport means from
foreign countries to Vietnamese seaports and loading thereof
onto other transport means for transport out of the Vietnamese
territory.
- Unloading of containers carried by transport means from
foreign countries to Vietnamese seaports and bringing thereof
into transshipment areas of seaports for preservation for
a certain duration, then loading thereof onto transport
means for transport out of the Vietnamese territory.
b/ Container transshipment area means an area of a seaport
exclusively reserved for the provision of container transshipment
services, which is isolated from other areas of the seaport
and subject to customs supervision.
c/ Transport means include seagoing ships, aircrafts, trucks,
trains and inland waterway transport means.
d/ Transshipped goods mean assorted goods packaged in transshipment
containers.
e/ Carriers mean persons who use their own transport means
or charter transport means owned by other persons to provide
container transport services, or lawful representatives
of such subjects.
3. Vietnamese seaport enterprises, which fully satisfy
the conditions guided in Section 1, Part II of this Circular,
shall all be permitted to provide container transshipment
services.
II. CONDITIONS FOR SEAPORT
TO PROVIDE TRANSSHIPMENT SERVICES AND NOTICES ON PROVISION
OF CONTAINER TRANSSHIPMENT SERVICES AT SEAPORTS.
1. Vietnamese seaport enterprises wishing to provide container
transshipment services must fully satisfy the following
conditions:
a/ Their seaports are publicized and permitted by competent
State agencies to receive domestic and foreign ships entering
or leaving for container loading or unloading;
b/ They have sufficient technical infrastructures and can
set up container transshipment areas prescribed in Item
b, Section 2, Part I of this Circular.
2. At least 15 days before the first day of providing the
container transshipment services, seaport enterprises shall
have to send to the Trade Ministry, the Finance Ministry
(the General Department of Customs), the Transport Ministry
and local customs offices written notices on the commencement
of provision of container transshipment services at their
seaports.
III. TRANSSHIPPED GOODS,
THE LOADING, UNLOADING, FORWARDING AND PRESERVATION THEREOF;
RESPONSIBLITIES OF SEAPORT ENTERPRISES AND CARRIERS FOR
TRANSSHIPPED GOODS
1. Goods transshipped at Vietnamese seaports are goods
other than those banned from transshipment prescribed in
Section 2 of this part and already put in containers.
2. Goods banned from transshipment at Vietnamese seaports
include:
a/ Assorted weapons, ammunitions, explosive materials and
military equipment;
b/ Narcotics of all kinds;
c/ Atomic refuse and toxic chemicals on the list of toxic
and hazardous chemicals banned from export and import according
to Vietnamese law provisions.
3. Container transshipment notices
a/ Carriers should send written notices (made according
to a set form, not printed herein) to seaport enterprises
requesting the container transshipment at seaports (hereinafter
referred to as transshipment notices)
b/ Transshipment notices mentioned in Item a, Section 3,
if being approved by seaport enterprises, shall be regarded
as the signed transshipment service contracts.
4. The loading and unloading, forwarding and preservation
of transshipment containers at Vietnamese seaports shall
comply with Vietnamese law provisions and international
practices.
5. On the basis of agreements between carriers and seaport
enterprises, goods packed in transshipment containers, after
being brought into the container transshipment areas, may
be rearranged, repackaged, reinforced, repaired or put in
new containers.
6. Carriers take responsibility for the compatibility and
accuracy of goods packed in transshipment containers at
Vietnamese seaports with those specified in transshipment
notices already sent to seaport enterprises.
7. Seaport enterprises shall take responsibility for transshipment
containers as from the time the transshipment container
as from the time the transshipment containers are unloaded
from transport means for transportation into container transshipment
areas of seaports till the time such transshipment containers
are loaded onto transport means for transportation out of
the Vietnamese territory.
8. On January 15 every year, seaport enterprises which
provide container transshipment
IV. CUSTOMS PROCEDURES FOR
GOODS PACKED IN TRANSSHIPMENT CONTAINERS
1. Transshipped goods stated in transshipment notices already
approved by seaport enterprises, when being brought into
container transshipment areas of seaports or transported
from container transshipment areas of seaports for loading
onto transport means for transportation out of the Vietnamese
territory, shall be exempt from actual inspection, except
where there appear signs of violating Vietnamese law provisions.
2. The carriers shall have to submit to the border gate
customs sub-departments one transshipment notice already
approved by the seaport enterprises (as substitute for customs
declaration). Such a transshipment notice may be sent through
computer networks, if any.
3. Goods transshipped at Vietnamese seaports are not subject
to export tax, import tax and other taxes on export and
import goods. In cases where goods transshipped at Vietnamese
seaports need to be imported into Vietnam, the current law
provisions on export goods and import goods must be complied
with.
4. Transshipment containers, from the time they are unloaded
from transport means for transportation into seaports’ transshipment
areas for preservation till the time they are loaded onto
other transport means for transportation out of the Vietnamese
territory, must be subject to supervision by customs offices.
In cases where containers are transshipped through the
Vietnamese territory, the customs procedures shall be carried
out as for transit goods.
5. Transshipment containers may be carried from seaport’s
container transshipment areas to other customs areas within
the same seaports but such must be permitted and supervised
by customs offices.
V. HANDLING OF TRANSSHIPPED
GOODS WHICH ARE BROKEN OR DAMAGED AND CASES WHERE TRANSPORT
MEANS DO NOT COME TO RECEIVE GOODS.
1. In the course of loading, unloading, forwarding and
preservation at seaports, if transshipment container fall,
are broken, damaged or when containers’ lead seals are not
longer intact, seaport enterprises shall negotiate with
carriers on handling measures in compliance with Vietnamese
law provisions and international practices.
2. In cases where transshipment containers fall, are broken
or damaged and when requested by owners or their lawful
representatives, the goods packed in such transshipment
container shall be sold, donated or destroyed in Vietnam
according to Vietnamese law provisions on export goods and
import goods.
3. In cases where transport means do not come to receive
transshipment containers within the time limits already
agreed upon, seaport enterprises shall have to notify such
in writing to carriers and have the right to handle such
transshipped goods according to Vietnamese law provisions
on unclaimed goods if 90 (ninety) days after sending such
written notices they receive no replies. In case of perishable
goods which are likely to cause environmental pollution,
they shall report such to competent authorities for permission
to handle them at an earlier time.
VI. PAYMENT OF TRANSSHIPMENT
SERVICE CHARGES AND HANDLING OF VIOLATIONS
1. Carriers shall have to pay container transshipment service
charges and related expenses as agreed upon between the
carriers and the seaport enterprises.
2. Organizations and individuals that commit acts of violating
this Join Circular shall, depending on the seriousness of
their violations, be administratively sanctioned. Individuals
who commit serious acts of law violation shall be examined
for penal liability. If damage is caused, compensations
therefore must be paid according to law provisions.
3. This Joint Circular takes effect 15 days after its publication
in the Official Gazette and replaces the Trade Minister’s
Decision No. 815/2001/QD-BTM of August 1, 2001 and the General
Customs Director’s Decision NO. 770/2001/QD-TCHQ of August
21, 2001.
For the Trade Minister
Vice Minister
TRAN DUC MINH
For the Finance Minister
Vice Minister
TRUONG CHI TRUNG
For the Transport Minister
Vice Minister
NGUYEN TIEN SAM
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