Decision No. 07/2021/QD-TTg amending the Decision No. 38/2017/QD-TTg

DECISION

Amending and supplementing a number of articles of the Prime Minister’s Decision No. 38/2017/QD-TTg of August 18, 2017, prescribing the border-gate transfer of imports for which customs procedures are carried out at Hanoi’s My Dinh Inland Clearance Depot^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government, and  the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 23, 2014 Customs Law;

Pursuant to the November 21, 2012 Law on the Capital;

Pursuant to the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control;

Pursuant to the Government’s Decree No. 38/2017/ND-CP of April 4, 2017, on construction and operation management of inland clearance depots;

Pursuant to the Government’s Decree No. 59/2018/ND-CP of April 20, 2018, amending and supplementing a number of articles of the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control;

At the proposal of the Minister of Finance;

The Prime Minister promulgates the Decision amending and supplementing a number of articles of the Prime Minister’s Decision No. 38/2017/QD-TTg of August 18, 2017, prescribing the border-gate transfer of imports for which customs procedures are carried out at Hanoi’s My Dinh Inland Clearance Depot.

Article 1. To amend and supplement a number of articles of the Prime Minister’s Decision No. 38/2017/QD-TTg of August 18, 2017, prescribing the border-gate transfer of imports for which customs procedures are carried out at Hanoi’s My Dinh Inland Clearance Depot (below referred to as Decision No. 38/2017/QD-TTg)

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Decision prescribes the border-gate transfer of imports for which customs procedures are carried out at Hanoi’s My Dinh and Long Bien Inland Clearance Depots.”.

2. To amend and supplement Clauses 1 and 4, Article 2 as follows:

“1. Customs declarants being organizations or individuals that import, export and transit goods and carry out customs procedures at My Dinh and Long Bien Inland Clearance Depots.

4. My Dinh and Long Bien Inland Clearance Depot operators.”.

3. To amend and supplement the title and Clause 1 of Article 3 as follows:

“Article 3. Imports allowed to be transferred from border gates to My Dinh and Long Bien Inland Clearance Depots

1. Goods imported through international land border gates, international railway stations, international airports or seaports which are allowed to be transferred from border gates to My Dinh and Long Bien Inland Clearance Depots to carry out customs procedures are those on the list of imports for which customs procedures must be carried out at border gates of importation (promulgated together with the Prime Minister’s Decision No. 23/2019/QD-TTg of June 27, 2019), except aircraft and cruises; petrol of assorted types; explosive precursors and industrial explosives on the list promulgated by the Ministry of Industry and Trade; and scraps on the list promulgated by the Prime Minister.”.

4. To amend and supplement the title and Clauses 2 and 3 of Article 4 as follows:

“Article 4. Routes, en-route time and storage period of goods at My Dinh and Long Bien Inland Clearance Depots

2. The storage period of goods pending completion of customs procedures at My Dinh and Long Bien Inland Clearance Depots is at most 30 days from the time the goods arrive at My Dinh and Long Bien Inland Clearance Depots, except goods which are awaiting specialized inspection results or being handled by competent agencies.

3. Goods which have been transferred from border gates to My Dinh and Long Bien Inland Clearance Depots may not be transported to other areas to carry out customs procedures.”.

5. To amend and supplement Clause 3, Article 5 as follows:

“3. To notify the Customs Branch managing My Dinh Inland Clearance Depot or Long Bien Inland Clearance Depot, Hanoi, right after the goods are loaded on vehicles for transport to areas for supervision of goods in border-gate transfer at the border gates of importation in case the goods are subject to physical inspection or need to be taken back for preservation or transportation to specialized inspection places.”.

6. To amend and supplement the title and Clauses 2, 3 and 4 of Article 6 as follows:

“Article 6. Responsibilities of My Dinh and Long Bien Inland Clearance Depot operators

2. To permit the transport out of My Dinh and Long Bien Inland Clearance Depots of only goods shipments that have been cleared from customs procedures, released or permitted to be taken back for preservation or transported to specialized inspection places under customs offices’ decisions.

3. To connect their goods management information systems with custom offices serving the management of goods brought into or out of, or stored in, My Dinh and Long Bien Inland Clearance Depots.

4. To monthly report to customs offices of the places to/from which goods are transported on the status of goods transferred from border gates to My Dinh and Long Bien Inland Clearance Depots.”.

7. To amend and supplement Article 7 as follows:

“Article 7. Customs procedures applicable to imports under border-gate transfer to My Dinh and Long Bien Inland Clearance Depots

Customs procedures applicable to imports under border-gate transfer to My Dinh and Long Bien Inland Clearance Depots must comply with the Customs Law and the Government’s Decree No. 08/2015/ND-CP of January 23, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control (below referred to as Decree No. 08/2015/ND-CP), and Decree No. 59/2018/ND-CP of April 20, 2018, amending and supplementing a number of articles of Decree No. 08/2015/ND-CP, and related guiding documents.”.

Article 2. To supplement the title of Decision No. 38/2017/QD-TTg as follows:

“The Prime Minister’s Decision No. 38/2017/QD-TTg of August 18, 2017, prescribing the border-gate transfer of imports for which customs procedures are carried out at Hanoi’s My Dinh and Long Bien Inland Clearance Depots.”.

Article 3. Effect

1. This Decision takes effect on May 1, 2021.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of agencies and units and organizations and individuals related to the border-gate transfer of imports subject to customs procedures at Hanoi’s My Dinh and Long Bien Inland Clearance Depots shall implement this Decision.-

Prime Minister
NGUYEN XUAN PHUC