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DECISION No.
57/2003/QD-BTC OF APRIL 16, 2003 STIPULATING CUSTOMS PROCEDURES FOR
SEA-GOING SHIPS ON ENTRY, EXIT, IN TRANSIT AND MOVING FROM PORT TO
PORT, AS WELL AS CUSTOMS CONTROL AND SUPERVISION AT SEAPORTS AND
SPECIAL-USE PORTS
THE MINISTER OF
FINANCE
Pursuant to Customs Law No. 29/2001/QH10 adopted on June 29, 2001 by the
Xth National Assembly at its 9th session;
Pursuant to 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 as well as customs inspection and
supervision regime;
Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5,
2002 stipulating the functions, tasks, powers and organizational
structures of the ministries and ministerial-level agencies;
At
the proposal of the General Director of Customs,
DECIDES:
Article 1:
To issue together
with this Decision the Regulation on customs procedures for sea-going
ships on entry, exit, in transit or moving from port to port, as well as
customs control and supervision at seaports and special-use ports.
Article 2:
This Decision
takes effect 15 days after its publication in the Official Gazette. To
annul Decision No. 1548/2001/QD-TCHQ of December 26, 2001, Article 5 of
Decision No. 19/2002/QD-TCHQ of January 10, 2002 of the General Director
of Customs and other guiding documents contrary to the provisions of
this Decision.
Article 3:
The General
Director of Customs, the heads of units under or attached to the
Ministry of Finance and concerned organizations and individuals shall
have to implement this Decision.
For the Minister
of Finance
Vice Minister
TRUONG CHI TRUNG
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REGULATION ON
CUSTOMS PROCEDURES FOR SEA-GOING SHIPS ON ENTRY, EXIT, IN TRANSIT OR
MOVING FROM PORT TO PORT AS WELL AS CUSTOMS CONTROL AND SUPERVISION AT
SEAPORTS AND SPECIAL-USE PORTS
(Issued together
with Decision No. 57/2003/QD-BTC of April 16, 2003 of the Minister of
Finance)
A. PROVISIONS ON
CUSTOMS PROCEDURES AT SEAPORTS
I. GENERAL PROVISIONS:
1.
Within 01 (one) hour after a ship arrives at a mooring place for
cargo loading and/or unloading under the designation of the port
authority, the ship captain or his/her lawful representative
(hereinafter referred collectively as to the ship captains) shall have
to carry out customs procedures for the sea-going ship to enter the
country.
- The
time determined as the time of arrival at a port of a ship and cargo
shall be the time the port Customs Office receives and affixes stamps on
the customs dossier submitted by the ship captain.
- At
least 01 (one) hour before a ship leaves a seaport, the ship captain
shall have to carry out customs procedures for the sea-going ship to
exit the country. Particularly for passenger ships and ships on fixed
itinerary, the deadline therefore shall be the time immediately before
the ships are prepared to leave the ports.
- In
cases where there are plausible reasons, the above-stated time limits
may be shortened, but the ship captains must notify the border-gate
Customs Sub-Departments thereof in advance.
2.
Places for dossier submission: The ship captains shall have to
submit customs dossiers at the head-offices of the port authorities or
the border-gate Customs Sub-Departments.
3.
Customs procedures for sea-going ships on entry, exit, in transit
or moving from port to port:
3.1
Responsibilities of the ship captains:
a)
To declare,
submit and produce customs dossiers as prescribed in this Decision.
b)
To provide
information related to cargo and utensils aboard the ships.
c)
To abide by
decisions and requests of the Customs Offices and Customs officers on
the implementation of customs procedures for ships and goods.
d)
To fulfill
other obligations as prescribed by law.
3.2
Responsibilities of the Customs offices:
a)
To receive,
check and affix stamps on customs dossiers. The affixture of stamps on
the goods manifests shall be as follows:
- For
the sets of goods manifests submitted to the Customs Offices, the
Customs Offices shall inscribe the total number of pages, affix stamps
on the first page and the last page, the remaining pages shall be
affixed with overlapping stamps.
- For
the sets of goods manifests to be kept by shipping agents or shipping
firms, only the first page and the last page shall be stamped.
b)
When there
are grounds to believe that illegal goods are hidden aboard the ships,
and signs of law violation are detected, the directors of the
border-gate Customs Sub-Departments shall decide to search the ships in
strict accordance with the provisions in Clause 3, Article 51 of the
Customs Law.
4.
When there are transshipped and/or transferred goods, the
shipping firms must notify the directors of the border-gate Customs
Sub-Departments thereof in writing.
5.
Responsibilities of port enterprises:
5.1 To
manage and ensure the original conditions of import/export goods kept at
port warehouses and/or yards.
5.2
To allow import/export goods to be transported only through port gates
with customs supervision.
5.3 To
notify in writing the directors of the border-gate Customs
Sub-Departments of the data and situation of:
a)
Import
goods unloaded into the port warehouses and/or yards.
b)
Export
goods loaded on board the ships.
c)
Broken
goods (together with records thereon)
d)
Import
goods not yet gone through customs procedures upon the expiry of
prescribed time limit therefore.
e)
Goods kept
at the ports without recipients.
6.
The port authorities, right after receiving the certified reports
of the ship owners, shall have to notify the border-gate Customs
Sub-Departments of the time the ships arrive at and leave the ports, the
mooring places and the time for cargo loading and unloading.
7.
At places where conditions permit, the port authorities, port
enterprises and shipping firms’ agents hook up their computer networks
with the border-gate Customs Sub-Department so as to notify the latter
of the situation and date in advance and send documents later.
8.
The declaration of crew members’ luggage and goods shall be as
follows:
- For
luggage: It is allowed to declare luggage of the whole crew (luggage of
each person shall be declared on one column of the declaration form) on
a common declaration form;
- For
goods: It is necessary to declare goods of each person separately on the
declaration form for non-commercial imports/exports (the declaration
form shall comply with current regulations).
II. CUSTOMS
PROCEDURES FOR SEA-GOING SHIPS ON ENTRY, EXIT, IN TRANSIT OR MOVING FROM
PORT TO PORT
1.
For ships on entry:
1.1
Responsibilities of the ship captains:
a)
When
carrying out entry procedures, the ship captains shall have to submit to
the Customs Offices the following papers:
- The
manifest of goods carried aboard the ships: 02 originals
- The
declaration on the ships’ arrival at/ departure from ports: 01 original.
- The
declaration of goods and luggage of crew members: 01 original.
- The
declaration of ships’ reserves. It is allowed to declare the ships’
properties, including: reserve materials, raw materials, fuels, foods,
foodstuff, alcohol and cigarettes on this declaration.
- The
list of crew: 01 original.
- The
list of passengers (if any): 01 original.
The
declaration of explosives, inflammables, toxins, anesthetics and weapons
on the ships shall be as follows:
+ If
they are the ships’ properties, they shall be declared on the
declaration of ships’ reserves.
+ If
they are import/export transit goods, they have been already included in
the goods manifest.
b)
If being
requested by the Customs Offices, the ship captains shall have to
produce to the Customs Offices the following papers:
- The
ship’s log.
- The
diagram of cargo arrangement on the ship.
c)
To fulfill
other obligations prescribed at Point 3.1 of Section I above.
1.2
Responsibilities of the Customs Offices:
a)
To perform
tasks prescribed at Point 3.2 of Section I above.
b)
To seal the
ship’s stores of alcohol, cigarettes, toxins and anesthetics.
c)
To enter
data into computers or books.
2.
For ships on exit:
2.1
Responsibilities of the ship captains:
a)
When
carrying out exit procedures, the ships captains shall have to submit to
the Customs Offices:
- The
declaration of ship’s arrival at/departure from port: 01 original.
- The
manifest of goods carried aboard the ships: 01 original.
- The
declaration of the ship’s reserves: 01 original.
- The
declaration of crew members’ goods and luggage: 01 original.
b)
If being
requested by the Customs Offices, the ship captains shall have to
produce to the Customs Offices the following papers:
- The
customs declaration of goods supplied to sea-going ships.
- The
receipt on the purchase of duty-free goods under goods orders ( if
having purchased goods at duty-free ships in the ports).
c)
To perform
other tasks prescribed at Point 3.1 of Section I above.
2.2
Tasks of the Customs Offices:
a)
To perform
the tasks prescribed at Point 3.2 of Section I above.
b)
To enter
date into computers or books.
3.
For ships in transit:
- Ships
in transit are ships which only travel through Vietnamese ports and
territory to other countries, without unloading of import goods and
loading of export goods.
- Ships
in transit shall go through entry procedures at the first entry
border-gate and exit procedures at the last exit border-gate.
3.1
Procedures at entry border-gates:
a)
Responsibilities of the ship captains:
When
carrying out procedures for their ships to enter the country, the ship
captains shall have to:
- Submit
to the Customs Offices 02 manifests of transit goods.
-
Perform other obligations prescribed at Point 3.1 of Section I above.
b)
Tasks of
the Customs Offices:
- To
perform the tasks prescribed at Point 3.2 of Section I above.
- To
seal and hand over to the ship captains a dossier set including 01 goods
manifest and 01 slip on dossier transfer for submission to the Customs
Offices of the entry border-gates, and to archive 01 goods manifest.
- To
seal the stores of alcohol, cigarettes, toxins and anesthetics and goods
stores (if possible and necessary).
- To
perform the supervisory tasks prescribed in Section III above.
3.2
Customs procedures at exit border-gates
a)
Responsibilities of the ship captains:
When
carrying out exit procedures, the ship captains shall have to submit to
the Customs Offices of the exit border-gates the dossiers transferred by
the Customs Offices of the entry border-gates.
b)
Tasks of
the Customs Offices of the exit border-gates:
- To
perform the tasks prescribed at Point 3.2 of Section I above.
- To
compare the dossier with the exterior conditions of goods.
- To
notify the situation to the Customs Offices of the first entry port in
cases where the ships violate the provisions of customs legislation.
3.3
While being in transit from the entry border-gates to the exit
border-gates, the ship captain shall have to ensure the original
conditions of goods and customs seals of goods and customs dossiers.
4.
Ships moving from port to port
4.1
Responsibilities of the ship captains:
a)
To notify
the directors of the border-gate Customs Sub-Departments of the purposes
and time of the port transfer. If there are any export goods which have
been already cleared from customs procedures and shall be unloaded at
the ports of destination, they must clearly inscribe in the written
notices the following contents: the names and addresses of the exporting
enterprises, the names of goods, the numbers of containers/bales, the
goods volumes, the date of export declaration, the number of shipping
firms’ seals and customs seals and the names of ports where goods shall
be unloaded.
b)
To submit
to the Customs Offices the manifest of import goods transported from
port to port, the manifest of export goods already loaded onto the ships
and the manifest of transit goods (if any): 01 copy of each manifest.
c)
To ensure
the original conditions of goods and customs seals en route from port to
port.
d)
To transfer
customs-sealed dossiers to the Customs Offices of the ports of
destination.
e)
To perform
other tasks prescribed at Point 3.1 of Section I above.
4.2
Responsibilities of the Customs Offices of the ports of departure:
a)
To carry
out procedures for ships moving from port to port.
b)
To compile
record on dossier transfer, seal and hand over the dossiers to the ship
captains for submission to the customs offices of the ports of
destination.
c)
To perform
other tasks prescribed at Point 3.2 of Section I above.
d)
In cases
where there are export goods carried aboard the ships moving from port
to port, which have been cleared from customs procedures and shall be
unloaded at the ports of destination then be loaded onto other ships for
export, the Customs Offices must compile transfer minutes (made
according to the form of minutes on the transfer of goods transported
from border-gate to border-gate) and send it to the Customs Offices of
the ports of destination for supervision.
4.3
Responsibilities of the Customs Offices of ports of destination:
a)
To perform
the tasks prescribed at Point 3.2 of Section I above.
b)
To notify
the situation to Customs Office of the first entry port in cases where
the ships commit acts of violation or any abnormal phenomena occur.
c)
To receive
the minutes on the transfer of the supervision work and immediately
notify the customs offices of the ports of departure that they have
taken over the supervision of the ships for cases prescribed at Point
4.2.d above.
III. CUSTOMS
INSPECTION AND SUPERVISION AT SEAPORTS
1.
Subjects of customs inspection and supervision include:
a)
Ships on
entry and exit.
b)
Goods to be
loaded onto and unloaded from ships.
c)
Import/export goods kept at the port warehouses and/or yards.
d)
Transshipped and transit goods.
e)
Import/export goods brought in and out ports.
f)
Goods sold
at duty-free shops.
g)
Goods
supplied to ships.
h)
Goods and
luggage of crew members.
2.
Supervision measures of the Customs Offices:
a)
To conduct
mobile patrol and control and apply other professional measures as
prescribed by law in order to detect acts of smuggling and illegally
transporting goods across border.
b)
Supervision
by customs seals.
c)
Direct
supervision.
d)
Supervision
by technical means.
Under
normal conditions, the Customs Offices shall perform the supervision by
measures prescribed in Items a, b and d. in case of necessity, the heads
of the border-gate Customs Sub-Departments shall decide on the
supervision by the measures stated at Point c. Particularly, the
supervision at the port gates must be carried out by the measures stated
at Point c.
3.
Tasks of the Customs Offices in the control and supervision of
warehouses, yards and ships:
a)
To carry
out procedures for ships on entry and exit, in transit and moving from
port to port.
b)
To carry
out procedures for import goods transported from border-gate to
border-gate.
c)
To make
customs seals on export goods arranged in the same containers at ports.
d)
To
supervise import/export goods loaded, unloaded and kept at the port
warehouses and/or yards.
e)
To perform
customs inspection over duty-free shops, goods supplied to ships and
luggage and goods of the crew members.
f)
To conduct
mobile patrol and control at the port areas.
g)
To receive
and process reports of port enterprises on the situation and data on
import/export goods as prescribed at Point 5.3 of Section I above.
h)
Apart from
the above-prescribed tasks, for gods lots transported from border-gate
to border-gate, to further carry out the following tasks:
To sign
and affix stamps to certify the actual exportation thereof in Section 27
of the customs declaration forms (for goods lots not yet certified for
actual exportation by the outside-border gate Customs Sub-Departments)
and immediately return them to the goods owners;
To
receive the hand-over minutes sent by the outside-border gate Customs
Sub-Departments and the Customs Offices of other ports, make
certification on the hand-over minutes and return them to such units.
4.
Tasks of the Customs Offices in the work of supervising the port
gates:
4.1
For goods brought in ports for export:
4.1.1
For cases where goods have been cleared from customs procedures at the
outside-border gate Customs Sub-Departments:
a)
Goods
owners or their representatives must produce:
-
Customs declaration forms (with custom procedures therefore having been
completed at the outside-border gate sites): The copy kept by the goods
owners.
- The
hand-over minutes of the outside-border gate Customs Sub-Departments
where customs procedures are carried out.
b)
Tasks of
customs officers:
- To
receive customs declaration forms and hand-over minutes.
- To
check number, code of containers/bales, the exterior conditions, customs
seals.
- To
enter data into computers or monitoring books.
4.1.2 In
cases where the goods are subject to actual inspection under decisions
of outside-border gate Customs Sub-Departments but not yet inspected:
a)
The goods
owners shall have to produce:
-
Customs declaration forms already registered.
-
Hand-over minutes.
b)
Responsibilities of the Customs Offices supervising the port gates:
To check
the above-stated papers and supervise the transportation of goods into
the ports or assign goods inspectors to inspect and seal the goods (for
goods subject to inspection).
4.2 For
import goods brought out of ports:
- The
hand-over minutes (for goods transported from border-gate to border-gate
and goods inspected at places outside the border-gate).
- The
customs declaration forms with the import declaration form being affixed
with the stamp “Cleared from customs procedures” (for goods cleared from
customs procedures).
Tasks of
the Customs Offices:
- To check the customs declaration forms and hand-over minutes.
- To
check the number and code of containers/bales, the exterior conditions
and customs seals.
B. PROVISIONS ON
CUSTOMS PROCEDURES AT SPECIAL-USE PORTS
I. GENERAL
PROVISIONS
1.
Special-use ports (announced under decisions of the Maritime
Bureau or the Communications and Transport Ministry) are ports of
enterprises which are exclusively used for the export and/or import of a
certain goods category of such enterprises. Regarding customs
procedures, special-use ports (hereinafter called ports) are considered
sites for inspection of import/export goods and transport means on entry
and/or exit at rivers, gulfs or off-shore areas (for quays and
non-wharf ports belonging to off-shore oil- and gas-exploitation
fields).
2.
Import/export goods and transport means on entry and exit going
through ports must be subject to the customs inspection and supervision
as prescribed by the Customs Law, 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 as
well as customs inspection and supervision regime and relevant legal
documents.
3.
Ports shall be the sites where customs procedures for means on
entry and exit shall be carried out.
4.
The directors of the provincial/municipal Customs Departments
shall assign the Customs Sub-Departments nearest to ports (hereinafter
called Customs Sub-Departments for short) to carry out the customs
procedures for import/export goods, transport means on entry and exit
going through ports, control and supervise the ports areas during the
time the ships anchor at ports fro cargo loading and/or unloading.
5.
Customs Officers shall conduct the above-stated professional
operations in ports only for the period from the time the ships arrive
at ports for cargo loading and unloading until they leave the ports.
II.
RESPONSIBILITIES OF THE CUSTOMS SUB-DEPARTMENTS
1.
To carry out customs procedures for means on entry and exit at
ports strictly according to the provisions on customs procedures for
sea-going ships on entry and exit.
2.
To carry out customs procedures for goods imported/exported at
ports strictly according to the provisions on customs procedures for
import/export goods lots.
3.
On the work of supervision and control at ports:
- During
the time when import/export activities are carried out in ports, the
Customs Sub-Departments shall perform the tasks of inspecting,
supervising and patrolling the port areas in order to well implement the
tasks of preventing and combating smuggling or transportation of
illegally imported goods.
- When
import/export activities are not underway at ports, the Customs
Sub-Departments shall not conduct professional operation therein.
III.
RESPONSIBILITIES OF ENTERPRISES HAVING PORTS
1.
To notify in writing the specific timetable of ships’ arrival and
departure times; places of anchorage; time of import/export goods
loading and unloading to the Customs Sub-Departments at least 24 hours
in advance. The port enterprises shall have to take responsibility for
any delay in carrying out the entry procedures for the ships and for the
occurrence of smuggling activities due to their failure to notify the
customs offices thereof within the prescribed time limit.
2.
To create favorable conditions for the customs officers to enter,
leave and work at the ports and perform other relevant tasks in order to
perform the function of State management over customs as prescribed by
law.
3.
To abide by law provisions on customs procedures for
import/export goods as well as transport means on entry and exit.
4.
To take responsibility before law for acts of smuggling or
transporting illegally imported goods during the time the ships anchor,
take goods or move in the port areas.
For the Minister
of Finance
Vice Minister
TRUONG CHI TRUNG |
