Decision No. 1582/QD-TCHQ dated August 29, 2006 of the General Department of Customs on promulgation of customs procedures applicable for vessels on exist, entry, transit, transport

DECISION

ON PROMULGATION OF CUSTOMS PROCEDURES APPLICABLE FOR VESSELS ON EXIST, ENTRY, TRANSIT, TRANSPORT

HEAD OF CUSTOMS GENERAL DEPARTMENT

Pursuant to Law on Customs dated June 29, 2001 and Law on Amending of and Supplement to a Number of Articles of Law on Customs dated June 14, 2005; 

Pursuant to Decree No. 96/2002/QD-CP of the Government dated November 19, 2002 Providing Function, Duties, Powers and structural organization of General Customs Department ;

Pursuant to Decree No. 154/2005/ND-CP of the Government dated December 15, 2005 Providing Guidelines for a number of articles of Law on Customs with respect to Customary Procedures, Inspection, Supervision and Decree No. 71/2006/ND-CP of the Government dated July 25, 2006 on Management of Seaports and Marine Channels;

Pursuant to Circular No. 112/2005/TT-BTC of the Ministry of Finance dated December 15, 2005 Providing Guidelines on Customary Procedures, Inspection and Supervision;

Pursuant to Official Letter No. 1439/CHHVN-PC of Vietnam Marine Department under Ministry of Transportation Regarding Form for Declaration of Goods; 

At proposal of Chief of Customs Management Supervision,

DECIDES

Article 1: To promulgate in conjunction to this Decision Customary Procedures Applicable for Vessels on exist, entry, transit, transport. 

Article 2: This Decision shall take effect after 15 days following the execution hereof. 

Article 3: Head of Customs Department of Provinces and Cities, Head of Departments that are under the management of General Customs Department shall be responsible for the implementation hereof./.

CUSTOMARY PROCEDURES

FOR VESSELS ON EXIST, ENTRY, TRANSHIP, TRANSPORT
(Promulgated in conjunction with Decision No. 1582 /QD-TCHQ dated August 29, 2006)

I. GENERAL PROVISION:

1. Time limit for conducting of procedures for vessels on exist, entry by its captains or legal representative (collectively referred to as Captain) and port’s customs department (hereinafter referred to as Port Customs):

a) For vessels on entry:

- At the latest of 2 hours after the vessels have safely anchored at positions instructed by the Port Director. 

- Arrival time shall be a point of time on which Port Customs received and sealed on customs dossier submitted by the Captains. 

b) For vessels on exist:

- At the latest of 2 hours prior to departure.

- For vessels specialized for passenger transport and liners, the latest time shall be the time immediately prior to departure.

c) The above time limit may be changed due to reasonable reasons provided that a written notice must be sent in advance to the Port Customs by the Captain.

d) In cases the vessels (temporarily) stay at the port for less than 12 hours, the Captains shall be obliged to report to port authority for the purposes of coordinating with relevant authorities to complete procedures for vessels’ entry and exist on the same time. 

2. Places for conducting procedures:

Save for provisions at point (b) of Article 27.2 of Decree 71/2006/ND-CP of the Government, places for conducting of customs procedures shall be the head offices or representative offices of port’s authorities.

3. The customs offices have to supervise and inspect to ensure that the Captains proceed goods handling in line with declaration of goods on import, transit, transport (if any) after completion of required entry procedures (including for vessels that are on entry, transit, transport), loading of export goods that have been undergone customary procedures. 

4. Contents of Import Goods Declaration:

a) As provided in Schedule IV promulgated in conjunction with Decree 71/2006/ND-CP of the Government dated July 25, 2006, port customs shall only accept dossier in which all items have been fully, specifically and apparently provided, especially for description of goods which cannot be described generally, for instances: grocery, stationary, electronic, household electronic, toys, etc. Customs shall advise and request the Captain to re-declare goods that are described generally (reference is provided at Schedule 1 hereof).

b) Amendment and adjustment to goods declaration shall be carried out in accordance with point 3 of Art. 42 of Decree No. 154/2005/ND-CP of the Government dated December 15, 2005; of which items on name and address of recipients, name of goods and quantity thereof must not affect in any respect to the compliance of tax regulations, policies on management of import, export goods and are approved by the head of customs sub-department at place where the procedures is conducted.

Application for amendments and adjustment to goods declaration is composed of:

- Telefax of vessels’ owner or agency of foreign vessels (copy of English version and Vietnamese translation: 01 set) confirming the adjustment items;

- Request for amendment or adjustment of vessels’ owner or owner’s agency;

- Power of attorney established by the vessels’ owner or owner’s agency authorized other persons for working with Customs offices in connection with amendment or adjustment of goods declaration; 

- Bills of lading that are subject to be adjusted (if any);

5. Declaration of luggage, merchandise of crew, passengers shall be conducted as follows:

a) For crew’s luggage: luggage of all crew may be declared in one declaration of crew’s luggage;

    For merchandise: merchandise of each crew member must be separately declared in declaration of non-commercial import, export goods form. 

b) For luggage and merchandise of passenger on entry, exist; declaration shall be conducted in accordance with Decree No. 66/2002/ND-CP of the Government dated July 1, 2002 and Decision No. 29/2006/QD-BTC of the Ministry of Finance dated May 08, 2006.

6. Customs procedures for specialized port: 

Specialized ports (as announced by Department of Marine or the Ministry of Transportation) are private ports of companies used for export, import of goods of such companies. With respect of customs procedures, specialized ports are considered to be a location for inspection of export, import goods, exist and entry transportation means on river, gulfs or on the sea (for quay, sub-port under sea oil mine).  

7. Inspection and supervision at the opened port of Cat Lai shall be in accordance with Decision No. 37/2006/QD-TTg of the Prime Minister date February 10, 2006 promulgating of pilot regulations for opened port of Cat Lai under Tan Cang Sai Gon Company. 

8. Responsibilities of port customs:

a) Being responsible to coordinate with port authority for receiving of online data or in hard copy with regard to arrival and departure time, place of anchoring, loading and unloading of goods. 

b) Port customs shall be responsible to coordinate with port companies for implementation of the following: 

b1) Receiving of detailed information regarding arrangement of each types of goods within the port submitted by the companies. 

b2) Coordinating with companies for arrangement of working, inspection, checking space. Supporting with facilitating for inspection, supervision of vessels on exist, entry, transit, transport and import, export goods.  

b3) Advising companies in connection with managing, keeping import, export goods intact and stored in warehouse or port yard; Only allowing imported goods that have undergone customs procedures move out the port gate supervised by customs officer. 

b4) To the extent permitted, coordinating with companies that have net up with port customs for timely and regularly updating of daily information of:

- Imported goods that are unloading to warehouse or port ground.

- Loading of export goods.

- Broken goods, surplus goods (accompanied with minutes).

- Imported goods that have not undergone customs procedures during a required period. 

- Unaccepted goods that are stored at the port. 

- Goods that are subject to mistakes of wrong container number, wrong seal number, seal breaking, seal losing (underlined with minutes).

For those companies that have yet net up with port customs’ system, customs shall send written request advising the companies prior to 15^th day of each month to submit to port customs aforementioned information of the previous month. 

c) Where there are evidences of violating of customs regulations on exist, entry, transit, transport; hiding or transporting illegal merchandise, head of customs sub-department shall make decision on inspection such vessels in accordance with Article 51.3 of Law on Custom and other relevant regulations.

d) With respect to port customs that already apply vessels distance declaration, those offices shall keep on implementing and perfecting such procedures. 

II. CUSTOMS PROCEDURES FOR VESSELS ON EXIST, ENTRY, TRANSIT, TRANSPORT:

A. VESSELS ON ENTRY:

Stage 1: Receipt of information in advance

1. Receiving information from port authority as provided at point 8 Section I above. 

2. Transferring information to relevant units upon request and in accordance with instruction of head of customs sub-department where the transportation means unload goods, risk analysis unit, import, export procedures unit, sub-department of ex-clearance inspection and customs inspection team.

Stage 2: Receipt of dossier and approval for entry of vessels.

1. Advising captains to declare and submit to customs the following documents:

a) Common declaration: 01 original;

b) Merchandise declaration (sign and seal on first and last page): 01 original;

c) Declaration of hazardous goods (if any): 01 original;

d) Declaration of vessels’ provision: 01 original;

đ) List of vessels crew: 01 original;

e) List of passengers (if any): 01 copy;

g) Declaration of crew’s luggage: 01 original.

In cases vessels contain any merchandise for import, transit, transport, customs office shall request captain to submit a declaration on merchandise for import, transit, transport when carrying out procedures for entry of vessels. 

Where necessary, customs officer may request the captain to present the following documents:

a) Log book.

b) Map of merchandise arrangement.

c) Documents relating to merchandise containing on vessels. 

2. Receipt and inspecting the above dossier. 

3. Affixing seal (form 1 promulgating in conjunction with Decision No. 1200/2001/QD-TCHQ of the General Department of Customs dated November 23, 2001) on common declaration, declaration on provision, declaration on crew’s luggage. For declaration of merchandise, total of pages, signature and seal on first and last pages are required.

Stage 3: Data exchange and filing  

1. A copy of declaration of merchandise shall be sent to customs sub-department where the vessels unload goods, unit of risk analysis.

2. Uploading data to computer and monitoring book. 

3. Filling in accordance with prevailing regulations

B. VESSELS ON EXIST:

Stage 1: Receipt of information upon exist of vessels.

1. Receiving of information from port authority as provided in point 8 Section I above.

2. Receiving of relevant information from customary unit in charge with supervising loading of merchandise, supply of vessels, status of vessels and crew during the stay of vessels. 

3. Transferring information to relevant unit upon request and in accordance with instruction of head of customs sub-department.

Stage 2: Receipt of dossier and approval for exist of vessels. 

1. Advising Captain to declare and submit to port customs the following documents:

a) Common declaration: 01 original;

b) List of merchandise (sign and seal on first and last page): 01 original;

c) Declaration on hazardous merchandise: 01 original;

d) Declaration of vessel’s provision: 01 original;

đ) Crew list: 01 original;

e) List of passenger (if any): 01 copy;

g) Declaration of Passenger’s luggage (if any): 01 original.

Where necessary, customs officer may request captain to present the following:

a) Map of merchandise arrangement. 

b) Invoices of purchasing of vessel’s supply.

c) Invoices for duty free goods (as stated in the orders).

d) Other relevant documents.

Where there are no differences in comparison to declared information upon entry, captain shall not oblige to submit documents listed in point 1.1 except for common declaration, merchandise declaration and list of passenger (if any).

Where there is reasonable ground, captain may submit to supervisor of customs sub-department for delay of submission declaration export goods within 24 hours after exist of vessels. 

2. Receipt and inspecting of above dossier. 

3. Affixing on common declaration as provided in point 3, stage 2 Section A above.  

Stage 3: Exchange of data and filling.

1. Sending merchandise declaration (copy) to customs sub-department where vessels departure for exist, risk analysis unit.

2. Uploading data to computer or monitoring book; 

3. Filing in accordance with prevailing regulations. 

C. FOR VESSELS ON TRANSIT:

Stage 1: Receipt of information

1. Receiving information from port authority as provided in point 8 Section I above. 

2. Transferring information to relevant units upon request and in accordance with instruction of head of customs sub-department. 

Stage 2: Customs procedures 

1. Advising captain to declare, submit and present to port customs documents as provided at Stage 2, point 1, Section A applicable for vessels on entry above. 

2. Receiving and verified customs dossier. 

3. Affixing (form 1 above) on common declaration; declaration of vessel’s provision; declaration of hazardous goods; declaration of merchandise and luggage of crew. For merchandise declaration, total of page, signature and seal on first and last page are required. 

4. Sealed dossier shall include: 01 merchandise declaration, 01 vessel dossier transfer note; dossier shall be transferred to captain for deliver the same to port customs where vessels shall exist; 01 merchandise declaration shall be filed (copy).

5. Sealing reservation and merchandise hulk (if so request and to the extent permitted).

6. Uploading data to computer or monitoring book.

7. Filing in accordance with prevailing regulations.

Stage 3: Customs procedures.

1. Advising captain to submit to port customs common declaration (01 original), dossier transferred from port customs where the vessels entered.

2. Receiving common declaration and sealed dossier of port customs where the vessels entered from the captain. 

3. By an appropriate measure, forthwith informing port customs where the vessels entered of status of receiving merchandise, dossier, especially where vessels commit any illegal act or reveal any unusual actions.

D. FOR VESSELS ON TRANSPORT:

Stage 1: Receipt of information

1. Receiving information from port authority as provided at point 8 Section I above. 

2. Receiving relevant information from custom unit in charge with supervising loading of merchandise and vessel’ supply; status of the vessel and the vessel’s crew during the stay of vessel. 

3. Transferring information to relevant unit upon request and in accordance with instruction from head of custom sub-department. 

Stage 2: Customs procedures.

1. Requesting captain to inform in written to head of customs sub-department of purpose and duration of transit.

a) If there is any export goods that has undergone customs procedures to be unloaded at the port, the following issues shall be declared: name and address of export companies, name of goods, number of containers, quantities of goods, number and date of export declaration, seal of carrier, seal of customs, name of port of unload.

b) Head of customs sub-department shall approve an authorization of carrier for other companies that have its business line included of goods transportation for transferring goods to the port of unload as stated on the bill of lading. 

2. Receiving, affixing (form 1 above) on transport dossier submitted by captain, which shall include: common declaration, declaration of imported goods for transport, declaration of export goods which are loaded, declaration of transit, transship goods (if any): 01 original for each type. 

3. Preparing transfer note (in form attached hereto); sealing dossier, which shall be composed of: transfer note, minutes on handing over of transport goods, declaration of transport goods and delivering dossier to captain for transferring to port customs. 

4. Transferring sealed transport dossier to port customs of port of arrival. 

5. Uploading data to computer or monitor book.

6. Filing in accordance with prevailing regulations.

Stage 3: Customs procedures at port of arrival.

1. Receiving of common declaration, transport dossier sealed by customs. 

2. Affixing (form 1 above) on declaration of goods and transfer to customs sub-department at port of unload, risk analysis. 

3. By an appropriate measure, forthwith informing customs of departure of receiving of goods, transport dossier and status of transported goods; especially for cases of illegal or unusual actions. 

4. Uploading data to computer or monitoring book; 

5. Filing in accordance with prevailing regulations.

III. CERTAIN WORKS OF CUSTOMARY SUPERVISION APPLICABLE FOR VESSELS ON EXIST, ENTRY, TRANSIT, TRANSPORT AND IMPORT, EXPORT GOODS. 

1) Responsibilities of Customs on Supervision of Vessels, Warehouse and Port Ground:

a) Supervising vessels on exist, entry, transit and transport. 

b) Supervising import, export goods during the progress of loading, unloading and storing in warehouse. 

c) Carrying out customary management on duty free goods purchased at the port in accordance with orders, vessels supply, luggage and merchandise of crew and passenger on exist and entry. 

d) Sealing wine, beer, tobacco, poison, and weapon warehouse (in cases quantities thereof exceeding the limitation as provided under prevailing regulations).

đ) Receiving of and dealing with report from port companies on status of import, export goods as provided at point 8.b4 Section I above.

2) Responsibilities of customs in charge with management of port gate:

a) For imported goods moved out of port:

a1) Verifying documents submitted by goods owner or its representative, include:

- Hand over minutes (for transported goods).

-Import declaration that is already undergone customs procedures/entitled to temporarily cleared in accordance with prevailing regulations/documents of customs sub-department supervisor allowing for moving goods out of port.

- Inventory out slip of port companies.

- Decision of competent authority for liquidated goods.

a2) Verifying container’s number, external status, customs seal (if any). For separate shipment, reconciling contents of customs declaration to contents of inventory out slip, physical inspection shall only be conducted where there is illegal act, and subject to approval of head of customs sub-department. 

a3) Uploading data to computer or monitoring. Uploaded data shall include: name and address of companies, number and date of customs declaration, number, date of hand over minutes; number of container, quantities of installment (for separate goods) type of goods, date and time of exist.

b) For export goods that are already undergone customs procedures brought into port, owner shall take its own responsibilities in managing such goods, supervising customs shall only verify container number and signal, quantity of installment (for separate goods), external status, customs seal (if any), uploading data to computer or monitoring book. 

3) Carrying out other relevant supervising works assigned./.

SCHEDULE 1

GUIDELINE FOR GOODS DECLARATION ON MANIFEST