Decision No. 1870/QD-TCHQ dated September 28, 2011 of the General Department of Customs issuing a guide on pilot of receipt of commodities declaration, related documents and electronic clearance for seagoing ships on entrance or exit

DECISION

ISSUING A GUIDE ON PILOT OF RECEIPT OF COMMODITIES DECLARATION, RELATED DOCUMENTS AND ELECTRONIC CLEARANCE FOR SEAGOING SHIPS ON ENTRANCE OR EXIT

GENERAL DIRECTOR OF GENERAL DEPARTMENT OF CUSTOMS

Pursuant to the 2001 Law on Customs and the 2005 Law on Amending, Supplementing a number of Articles of the Law on Customs;

Pursuant to the Decree No. 154/2005/ND-CP dated 15/12/2005 of the Government detailing the implementation of a number of Articles of the Customs Law regarding customs procedures, inspection and supervision;

Pursuant to the Decision No. 02/2010/QD-TTg dated 15/01/2010 of the Prime Minister defining the functions, tasks, powers and organizational structure of the General Department of Customs directly under the Ministry Of Finance;

Pursuant to the Decision No. 19/2011/QD-TTg dated 23/3/2011 of the Prime Minister on pilot of receipt of commodities declaration, related documents and electronic clearance for seagoing ships on entrance or exit;

Pursuant to the Circular No. 64/2011/TT-BTC dated 13/5/2011 of Ministry of Finance guiding the implementation of Decision No. 19/2011/QD-TTg dated 23/3/2011 of the Prime Minister on pilot of receipt of commodities declaration, related documents and electronic clearance for seagoing ships on entrance or exit;

Pursuant to the Decision No.2278/QD-BTC dated 26/9/2011 approving the policy of investment in the project "Construction of subsystem receiving commodities declaration, related documents and electronic clearance for seagoing ships on entrance or exit for expanding E-Customs procedures (eManifest)”;

At the proposal of the Directors of Department of Supervision and Management of Customs, Department of Information Technology and Customs Statistics,

DECIDES:

Article 1.Issue together with this Decision:

1. The Guidelines of pilot receiving goods declaration, the relevant documents and electronic clearance for seagoing ship on entrance or exit.

2. Appendix I: Guidance on customs declaration.

3. Appendix II: List of Forms

Article 2.This Decision takes effect from its signing date.

Article 3.Heads of units of Customs, customs declarants participating in pilot and concerned organizations and individuals shall comply with the guidelines together with this Decision./.

GUIDANCE

PILOT OF RECEIPT OF COMMODITIES DECLARATION, RELATED DOCUMENTS AND ELECTRONIC CLEARANCE FOR SEAGOING SHIPS ON ENTRANCE OR EXIT

Part 1.

GENERAL PROVISIONS

Article 1. Scope of application

1. This document guides pilot to receive goods declaration, the relevant documents and electronic clearance for seagoing ship on entrance and exit (called as procedures of seagoing ships on entrance and exit for short) as stipulated in Decision No. 19/2011/QD-TTg dated 23/3/2011 of the Prime Minister and Circular No. 64/2011/TT-BTC dated 13/5/2011 of the Ministry of Finance, applying to ships of the shipping carriers/shipping carriers’ agents registered to participate in pilot of e-customs procedures.

2. For seagoing ships on entrance participating in pilot of e-customs procedures, if in transit, port transfer also be applied to procedures under the guidance of this document.

Article 2. Subjects of implementation

1. Customs offices, officers and customs public employees.

2. The customs declarants (shipping carrier, shipping carrier’s agents, forwarding companies or persons legally authorized).

3. Involved organizations and individuals.

Article 3. Principles of conducting customs procedures, inspection and supervision of customs

The customs procedures, inspection and supervision of seagoing ship on entrance and exit shall comply with the provisions of Article 15 of the Customs Law, Article 3 of Decree No.1 54/2005/ND-CP dated 15/12/2005 of the Government and other related guidance documents of the Ministry of Finance, General Department of Customs on the basis of information analysis and assessment of the observance of the laws of the customs declarants, the level of risk on violations of customs law.

Article 4. Information creation and customs declaration

1. Information on e-customs dossier must:

a) Comply with the standard format announced by the General Department of Customs; and

b) Ensure fully the criteria under the guidance in the Forms (from Form No.01 to Form No.08) Appendix II issued together with Circular No. 64/2011/TT-BTC. In addition to the required criteria, the customs declarants may submit the various information criteria (if any) to the e-Portal of General Department of Customs.

The detailed contents of the customs declaration are made under the guidance in Appendix I attached to this Instruction, including "information criteria to conduct e-customs procedures for seagoing ships on entrance and exit", in which there are criteria required, the criteria not required (the declarants may provide when sending e-information).

c) Information on the ship to be conducted procedures of entry and exit for the first time:

When carrying out customs procedures for the first time a ship on entrance, exit, the customs declarant shall declare full information of the ship including ship’s name, Call sign/IMO number, nationality of the ship, registration port and implementing additional declarations when these information change.

Information is sent electronically to the Electronic Portal of the General Department of Customs.

d) The time limit for providing information:

Comply with the provisions of Article 3 of Decision No. 19/2011/QD-TTg and Article 6, Article 7 and Article 10, Article 11 of Circular No. 64/2011/TT-BTC above.

2. Information creation and implementation of customs declaration of goods declaration:

a) For shipping carriers/shipping carriers’ agents registered to participate in pilot: shipping carriers/shipping carriers’ agents make information of the goods declaration and send to the e-Portal of General Department of Customs under the guidance of clause 1, Article 6 and clause 1, Article 10 of Circular No. 64/2011/TT-BTC.

b) For shipping carriers/shipping carriers’ agents not yet registered to participate in pilot: declare directly on the e-Portal of General Department of Customs in accordance with point b, clause 1, Article 6 or point b, clause 1, Article 10 Circular No. 64/2011/TT-BTC.

3. Creation of information and customs declaration to other documents:

a) For the House bill of lading: forwarding company issues the consolidated bill of lading of information creation and e-customs declarations according to the schedule announced by the General Department of Customs (separate guidance).

b) For the remaining documents of e-customs dossiers: created information by shipping carriers/shipping carriers’ agents or captains and send to e-Portal of General Department of Customs under the guidance in clause 1, Article 6 and clause 1, Article 10 of Circular No. 64/2011/TT-BTC.

4. Information creation and customs declaration of goods declaration in case of many shipping carriers/shipping carriers’ agents exploit together 01 ship on entrance/exit (share slot):

a) For shipping carriers/shipping carriers’ agents as ship owners:

a.1 Information creation of electronic goods declaration on the goods received to transport directly from the consignor and issued bill of lading to the consignor by shipping carriers/shipping carriers’ agents and sent to the e-Portal of General Department of Customs under the guidance at point a, clause 1, Article 6; point a, clause 1, Article 10 of Circular No. 64/2011/TT-BTC.

a.2) Notify to other shipping carriers/shipping carriers’ agents that together operate a ship (not to be the owner) to create information of the goods declaration and send to the e-portal of General Department of Customs.

b) For shipping carriers/shipping carriers’ agents that together operate a ship (not to be the owner): to create information of the goods e-declaration on the goods received by its company from the consignor, send directly to electronic portal of General Department of Customs.

5. Amended, supplemented declaration:

a) For information submitted to customs authorities if the declarants wish for amendment, supplementation, they may create information to amend, supplement the declaration, send to electronic portal of General Department of Customs (Form No. 04/KSCBS/2011 Appendix II issued with this Instruction). The time of amended, supplemented information declaration is made under the provisions of point a, clause 3, Article 7, point a, clause 1, Article 11 of Circular No. 64/2011/TT-BTC.

b) E-Portal of General Department of Customs:

b.1) The system automatically accepts information declared for amendment and supplementation as ensuring proper form and if it is improper criteria, format, the system automatically responds to the customs declarant and stating clearly the reason of refusal.

b.2) The criteria of information declared for amendment and supplementation will automatically replace the criteria that the declarant submitted to customs officers after the customs officers inspected and certified eligibility as prescribed in clause 3 of Article 7 and clause 3 of Article 11 of Circular No. 64/2011/TT-BTC of the Ministry of Finance.

6. Receipt of feedback from the customs office:

In the process of e-customs procedures for seagoing ships on entrance, exit when there is feedback from the customs office through electronic portals of General Department of Customs or by e-mail, fax ... (when the information technology system get troubles) the customs declarants receive feedback and follow the instructions of the customs office.

Article 5. Clearance for the ship

Electronic clearance for the ship is conducted by two levels specified in clause 2 of Article 4 and Article 9, Article 13 of Circular No.64/2011/TT-BTC of the Ministry of Finance, namely:

1. Clearance for the ship on the basis of customs declaration information without violating signal (called as green channel clearance for ships);

2. Clearance for the ship after actual inspection of ship (examination of board): only apply to the cases where there are grounds, signs of serious violations of law specified in clause 3, Article 51 of the Customs Law (hereinafter referred to as red channel clearance for the ship).

Article 6. Time, competence to decide the ship clearance

1. Clearance time of ship:

a) For ships on entrance:

a.1) For ships assigned to the green channel, it may decide the clearance before the ship enters to the dock.

a.2) For ships assigned to the red channel, it is decided the clearance after the implementation of inspection and examination of the ship.

b) For ships on exit:

b.1) For ships assigned to the green channel, it may decide the clearance before or after goods are loaded onto ships.

b.2) For ships assigned to the red channel, it is decided the clearance after the implementation of inspection and examination of the ship and goods are loaded onto ships.

2. Competence to decide the ship clearance:

a) For ships assigned to the green channel, it is decided clearance by the leader of ship procedures team.

b) For ships assigned to the red channel, it is decided clearance by the customs branches leaders where the ship procedures are made.

Article 7. Handling of troubles of information technology systems

1. Where the information system of the Customs offices get troubles:

a) Where the electronic Portal of General Department of Customs (hereinafter referred to as the System) or wide area network system (WAN) has stopped its operation, on duty division of system and ship clearance at the General Department of Customs (hereinafter referred to as the standing division of the General Department of Customs) shall:

a.1) Make a log tracking system with the following criteria:

- Date and time of troubles;

- Contents, the causes of troubles; date, time of remedy (if the troubles have been overcome);

- Notes (if any);

a.2) Promptly notify (fax or phone ...) to the Customs Departments of provinces, cities and Customs Branches conducting procedures for ships on the status of the trouble.

a.3) Make automatic system notify failure to connect to the customs declarant and send email to guide the handling under the guidance at point c, clause 1, Article 7 of this Guideline.

b) Where the Customs Branch where e-customs procedures for the ship are made fails to connect, process the information with the system, Customs Branch where e-customs procedures for the ship are made shall:

b.1) Make a log tracking system with the following criteria:

- Date and time of troubles;

- Contents, the causes of troubles; date, time of remedy (if the troubles have been overcome);

- Notes (if any);

- Confirmation of ship procedure team leader or the customs official of ship procedure team;

b.2) Quickly notify (fax or phone ...) to the department of information technology of the Customs Departments of provinces, cities, standing division of the General Department of Customs on the status of the troubles.

b.3) Notify to the customs declarant for clearance through the Customs Website, email the handling trend under the guidance at point c, clause 1, Article 7 of this Guideline.

c) The the handling trends:

c.1) Waiting for overcoming trouble and returning the customs declaration information as the trouble is overcome.

c.2) As the trouble has not been overcome, the customs declarant shall conduct the procedures of clearance for seagoing ships under traditional method of guidelines in the Decision No.2425/QD-TCHQ dated 14/12/2009 of the General Department of Customs.

2. Where the information systems of customs declarants get troubles:

a) The customs declarants send immediately notice (fax or phone ...) to the Customs Branches where the procedures are done and conduct the ships clearance under traditional method of guidelines in Decision No.2425/QD-TCHQ dated 14/12/2009 of General Department of Customs;

b) Customs Branches where the procedures are done inform immediately to the  units in charge of information technology of the Customs Departments of provinces, cities, standing division of the General Department of Customs and carry out the ship clearance by traditional methods. The customs officers of ship procedures team set up the log tracking system with the following criteria:

- Date and time of receiving information of the trouble;

- Date and time of recovery (when the problem has been overcome);

- Notes (if any);

- Confirmation of ship procedures team leader;

c) Right after the trouble is resolved; the customs declarants shall inform the Customs Branch where the procedures for ships are made and carry out procedures by electronic methods. Customs Branch promptly notifies right away the units in charge of information technology of the Customs Departments of provinces, cities, standing division of the General Department of Customs.

3. Where the transmission line between the customs authorities with customs declarants get trouble:

The customs declarants make clearance for seagoing ships on entrance and exit by the traditional manner as guided in Decision No.2425/QD-TCHQ above. Then return the customs declaration information onto electronic Portal of the customs office when the problem is overcome to be fully updated information on the system.

4. After the trouble referred to in clause 1, clause 2 of Article 7 of the guideline is overcome, the electronic data related to the clearance for the ship is sent to the system by the customs declarant (even when the ship was solved clearance).

Part 2.

SPECIFIC GUIDANCE

Article 8. Ships on entrance

1. Step 1: Creation of information and customs declaration

1.1. The customs declarants create information of e-customs documents; send to the system as directed in Article 4 of this Guideline.

1.2. Customs officers of ship procedures teams track the system and guide the necessary issues when the customs declarants require.

2. Step 2: Receipt and feedback of customs declaration information

2.1. System:

Automatically receive information 24/7 sent from customs declarant. If the information sent is in the correct format and complete criteria, the system will automatically accept the declared information; send a notice to the declarant. Where refusing the declared information, the system shall send notice to the declarant, stating the reason of refusal, guide customs declarant to redeclare it.

Management division of information system of the Departments of Customs of provinces, cities, standing division of the General Department of Customs shall be responsible for being on duty of the system, ensuring the system to work smoothly 24/7. In case of force majeure, customs officials carry out tasks as directed in Article 7 of this Guideline.

2.2. Customs officers assigned at the Customs Branch where the procedures for ships are made are responsible:

Check the systems the electronic information submitted to by the customs declarants. Where information systems send the alert of error or incidents, it shall be dealt with as directed in Article 7 of this Guideline.

3. Step 3: Clearance for the ships

3.1. Where the ships are entered into the green channel:

a) The responsibilities of customs officers:

a.1) Inspect results of assigning channel on system, if there is no other information, it is entered the proposal "green channel clearance for the ship" and sign with digital signatures on the proposal form and decision of ship clearance (Form No.01/PTQ/2011 Appendix II issued together with this Instruction). If there are any other comments, it should be stated specifically on the proposal form for the team leader to consider.

a.2) Send the proposal form to the leader of the ship procedures team;

a.3) Based on the approval of the team leader in the proposal form on the system, enter opinions to decide the green channel clearance into the notice and send "notice of seagoing ships clearance" to the customs declarant under the instructions in clause 1, Article 9 of Circular No.64/2011/TT-BTC.

b) Responsibility of the leaders of ship procedures team:

b.1) To monitor, process proposals of customs officers on the system, enter approval to decide the ship clearance "Agreement on green channel ship clearance", sign with digital signature on the system, system automatically switches the approval result of ship clearance to customs officers making procedures for the ships.

b.2) If there is any reason to apply red channel ship clearance, it shall clearly be stated the grounds and opinions in the proposal forms to submit to the Custom Branch leaders through the system under point 3.2 below.

c) Responsibilities of Customs Branches’ leaders:

Track on the system the results of ship clearance made and conducted professional direction by customs officers and leaders of the procedures team and (if any).

3.2. Where the ships are entered into the red channel:

a) The responsibilities of customs officers:

a.1) Check the results of assigning channel on the system, other relevant information and the guidance of their superiors (if any), if there is no other comments, enter the proposal "red channel clearance for the ship "and sign with digital signatures on the proposal form. If there is any other comments (including the transfer from red channel into the green channel), it should be stated specifically on the proposal form for the team leader to consider.

a.2) Send the proposal form to the leaders’ ship procedures team;

a.3) Based on the direction of the team leaders, Customs Branches leaders, leaders of the Customs Departments of provinces, cities of the inspection and examination of ships on the system, send "notice of seagoing ships clearance" to the customs declarant as directed in clause 1, Article 9 Circular No.64/2011/TT-BTC, clearly stating the contents and requirements of the relevant issues required the customs declarants to make while the inspection and examination of the ship.

a.4) Enter the results of the inspection and examination of the ship into the system on the basis of reports of the inspection and examination of the ship and handling of violations (if any).

b) Leaders of ship procedures team:

Check the proposals of the customs officers record the recommendation of the team leaders and sign with digital signature in the proposal form on the system, print the proposal form, sign and seal of officer into the form, submit to the leader of the Customs Branch to ask for direction.

c) Leaders of Customs Branches:

c1) Check the proposals of customs officers, the leader of ship procedures team.

c2) Check the grounds, signs of violation of customs legislation.

c3) Make Form on the system and print, sign and seal Customs Branch, submit to the leaders of the Customs Departments of provinces, cities to ask for direction.

c4) Make decisions to examine the ships; coordinate with the Customs Branch where ships anchor and the anti-smuggling team to organize the inspection, examination of the ships under the direction of the Customs Departments of provinces, cities and according to the proper competence, order and procedures prescribed by law. The assignment to the Customs Branch where ships anchor or other units to preside over the examination of ships shall be made by the leaders the Customs Departments of provinces, cities.

4. Step 4: Confirmation of the arrival time of the ships

4.1. The customs declarants send information on the port arrival of ships by Form 2 of Appendix I of the Circular No.64/2011/TT-BTC to the system.

4.2. The system automatically updates the arrival time to the port of the ship into the information in the manifest submitted to the system by the customs declarant.

Article 9. Ships on exit

1. Step 1: Creation of information and customs declaration

1.1. The customs declarants create information of e-customs documents, send to the system as directed in Article 4 of this Guideline.

1.2. Customs officers of ship procedures teams inspect the system and guide the the customs declarants the necessary issues upon request.

2. Step 2: Receipt and feedback of customs declaration information

2.1. System:

Automatically receive information 24/7 sent from customs declarant. If the information sent is in the correct format and complete criteria, the system will automatically accept the declared information; send a notice to the declarant. Where refusing the declared information, the system shall send notice to the declarant, stating the reason of refusal, guide customs declarant to redeclare it.

Management division of information system of the Departments of Customs of provinces, cities, standing division of the General Department of Customs shall be responsible for being on duty of the system, ensuring the system to work smoothly 24/7. In case of force majeure, customs officers carry out tasks as directed in Article 7 of this Guideline.

2.2. Customs officers assigned at the Customs Branch where the procedures for ships are made are responsible for

Checking on the systems the electronic information submitted to by the customs declarants. Where information systems send the alert of error or incidents, it shall be dealt with as directed in Article 7 of this Guideline.

3. Step 3: Clearance for the ships

3.1. Where the ships are exited by the green channel:

To implement similarly to the case of the ship on entrance referred to in point 3.1, step 3, Article 8 above.

3.2. Where the ships are exited by the red channel:

To implement similarly to the case of the ship on entrance referred to in point 3.2, step 3 , Article 8 above.

4. Step 4: Confirmation of the departure time of the ships

4.1. The customs declarants send information on the port departure of ships by Form No.2 of Appendix I of the Circular No.64/2011/TT-BTC to the e-portal of the General Department of Customs.

4.2. The system automatically updates the departure time from the port of the ship into the information in the manifest submitted to the system by the customs declarant.

Article 10. Ships in transit

1. Ships on entrance (at the the first border gate of entry):

1.1. Implement procedures of clearance for ships on entrance under Article 8 of this Guideline.

1.2. Send information of ships in transit to the Customs Branch of border gate of exit:

a) Where the Customs Branch where the ship exited conducted the pilot of e-customs procedures:

a1) The customs officers of ship procedures team perform:

- Make form of documents-in transit transfer (by Form No.02/PQC/2011 Appendix II issued together with this Guideline), sign to certify by digital signature, send to the system.

- Seal storage and cargo hold (if having conditions and when necessary).

- Check on the system the results of conducting customs procedures for ships on exit performed by the Customs Branch where the ships exit.

a2) The system:

- Automatically transfer information on the manifests of transit goods (if any), clearance information for the ships, the information of arrival/departure of the ships ... to the Customs Branch where the ships exit.

- Automatically receive feedback made and sent from the Customs Branch where the ships exit.

a3) The customs declarants: Receive and conduct following the instructions at the feedback from the customs office.

b) Where the Customs Branch where the ships depart has not conducted the pilot of e-customs procedures:

b1) The customs officers of ship procedures team shall:

- Prepare transfer form of ships-in transit documents (the paper form), seal dossier comprising the following documents (copies, with joint pages stamp): 01 declaration of goods, 01 common declaration, 01 list of crew members and passengers (if any), 01 reserve declaration of  ship, 01 declaration of cargos, crew members’ luggage, 01 transfer form of ships-in transit documents.

- Deliver dossier sealed to the captain to forward to the Customs Branch of the border gate of the port where the ships depart.

- Seal the storage and cargo hold (if having conditions and when necessary).

- Inspect and process the feedback of the Customs Branch of the exit border gate.

b.2) The customs declarants: Receive the sealed dossier and forward to the Customs Branch of the border gate of port where the ships depart to conduct the exit procedures as guided in Item II of Part I of customs procedures process for the seagoing ships on exit and entry, in transit, port transfer, issued together with Decision No.2425/QD-TCHQ dated 14/12/2009 of General Department of Customs.

2. Ships on exit (at the last exit border gate):

2.1. For the Customs Branch where the ships exit conducted the pilot of e-customs procedures:

a) To exploit the information system on the manifests of transit goods, information on clearance for ships, the information of arrival/departure of ships ...

b) Customs officers shall certify by digital signature, send to the system to notify on the receipt of information of the ship, cargos and violations related to ships, cargos, crew members and passengers (if any).

c) Implement procedures for clearance of the ships on exit under Article 9 of this Guideline.

d) Certify on transfer form of ships-in transit documents by the form No.02/PQC/2011, the system automatically send feedback to the Customs Branch where ships exit.

2.2. For the Customs Branch where the ships depart has not conducted the pilot of e-customs procedures:

a) Perform clearance of seagoing ships on exit as directed in step 3, Item III, Part I issued together Decision No.2425/QD-TCHQ dated 14/12/2009 of General Department of Customs.

b) Send feedback to the Customs Branch of entry border gate in accordance with provisions in the process issued together with Decision No.2425/QD-TCHQ above.

Article 11. Ships of port transfer:

1. Customs Branch of port of departure:

1.1. Implement procedures of clearance for ships on entrance under Article 8 of this Guideline.

1.2. Send information on port transfer of ship to the next port (the port of arrival):

a) Where the Customs Branch of the port of arrival conducted the pilot of e-customs procedures:

a1) The customs officers of ship procedures team make the following tasks:

- Preparing documents transfer form of port-transfer ship (Form No.03/PCC/2011 Appendix II issued together with this Guideline), sign by digital signatures, and send to the system.

- Checking on the system the results of conducting customs procedures for port-transfer ships implemented and sent feedback by the Customs Branch of the arrival port.

a2) The system:

- Automatic transfer of information on the manifests of port-transfer goods (if there is any transport of port-transfer imports, goods will be unloaded at the arrival port), information on the manifest of exports (if the ship transports the exports, they will be unloaded at the arrival port), the information of the clearance for ship, information on the arrival/departure of ship ... to the Customs Branch of the arrival port.

- Automatically receiving feedback on port-transfer ships implemented by the Customs Branch of the arrival port.

b) Where the Customs Branch of the arrival port has not conducted the pilot of e-customs procedures:

The customs officers of ship procedures team make the following tasks:

- Making 02 documents transfer forms of port-transfer ship (the paper), of which 01 form enclosed dossier of port-transfer ship, 01 form for archive; sealing the dossier of port-transfer ship comprising the following documents: documents transfer form of port-transfer ship, port-transfer goods declaration, the copies made joint pages stamp including the ship s reserve declaration, the luggage declaration of crew members, list of crew members, list of passengers (if any).

- Delivering dossier of port-transfer ship to the captain for forwarding to the Customs Branch of the arrival port.

- Inspecting and handling feedback results by the paper dossier of Customs Branch of the arrival port.

2. The Customs Branch of the arrival port:

2.1. For the Customs Branch of the arrival port that has implemented a pilot of e-customs procedures:

a) Check in the information system on dossier of port-transfer ship sent by the Customs Branch of the departure port.

b) Customs officers shall certify by digital signature, send to the system to notify the receipt of dossier of ship’s arrival port transfer.

c) Implement procedures of clearance for the ship transferred to the next port (if any) or the ships on exit (if any) as prescribed.

2.2. For the Customs Branch where the ships exit has not conducted the pilot of e-customs procedures:

a) Implements procedures for ships transferred to the arrival port under Step 3, Item IV, Part I Decision No.2425/QD-TCHQ dated 14/12/2009 of General Department of Customs.

b) Send feedback by paper dossier to the Branch of Customs of port of departure.

Article 12. Sharing information

On the basis of decentralizing management and coordination relations, General Department of Customs will issue a password for the units in and outside the sector of information operation on the system, including customs declaration information, ship clearance information, information of ship’s arrival/departure. The units inside and outside the sector are responsible for keep information shared in secret, specifically as follows:

1. For the units in the Customs sector:

a) The Units of the General Department of Customs include Department of Supervision and Control of Customs, Department of Information Technology and Statistics of Customs, Risk Management Unit, Anti-Smuggling and Investigation Department, Department of Export and Import Duty, Post Clearance Audit Department and other units as decentralized by the General Department of Customs.

b) Units of the Customs Departments of provinces and cities (including the places where have not conducted the pilot of e-customs), include:

Customs Branches where the procedures for ships are made, Customs Branches where goods are unloaded/loaded, risk management teams, Customs control teams, Divisions of Supervision and Management, Data Centers and other units being decentralized by the Directors of Customs Departments of provinces and cities.

c) Units of the Customs Branch where goods are unloaded/loaded, where the customs procedures for goods carried on that ship, including:

Team/group of monitoring and team/group of control, team of procedures of import and export goods and other units authorized by the head of Customs Branch.

2. For units outside the Customs sector:

a) For the seaports:

a.1) Information in the common declaration;

a.2) Information on crew member list;

a.3) Information in the dangerous goods declaration;

a.4) Information on clearance for ships, the information of ships’ arrival/departure.

b) With respect to the border guard:

b.1) Information in the common declaration;

b.2) Information on crew member list;

b.3) Information on passenger list;

b.4) Information on clearance for ships, the information of ships’ arrival/departure.
c) For quarantine office:

c.1) Information on ship clearance;

c.2) Information of ships’ arrival/departure.

d) For enterprises trading ports:

d.1) Information in the common declaration;

d.2) Information in the goods declaration;

d.3) Information on clearance for ships, the information of ships’ arrival/departure.

Article 13. Storage and Information confidentiality

Customs declaration information, information on clearance for ships, the information of ships’ arrival/departure are stored in the system and kept secret according to regulations. Where necessary, the declared information is printed out in the forms of paper documents stipulated in Circular No.64/2011/TT-BTC above.

Part 3.

IMPLEMENTATION ORGANIZATION

Article 14. The mission of the units under the General Department of Customs:

1. Department of Information Technology and Statistics of Customs shall:

1.1. Ensure the electronic portal of the customs offices operating 24/24 hours; arrange officers to be on duty of the system to handle problems arising or as the system is broken down.

1.2. Support the customs declarants in connection with, processing information of the goods declaration, the relevant documents and electronic clearance for seagoing ships on entrance and exit.

2. Department of Supervision and Control of Customs and Risk Management Unit shall:

2.1. Arrange officers to be on duty to handle problems arising when the Customs of provinces, cities and enterprises have requests related to the clearance of ships.

2.2. Develop and maintain the operation of the Risk Management Criteria at General Department level for ships, cargo and passengers.

2.3. Guide and inspect the Customs Departments of provinces, cities to update the Risk Management Criteria at the Department level for ships, cargo and passengers.

Article 15. Tasks of the Customs Departments of provinces and cities where conducting the pilot

1. Customs Department of provinces and cities based on the actual situation for formulating and using the Risk Criteria at the Customs Department level.

2. Arrange officers to be on duty of the system, the monitoring of management and risk management to promptly handle the problems arising or handle requirements, the direction of the General Department of Customs.

3. Ensure the network connection to the monitoring division of ships on entrance, and exit. Timely notify and take remedial measures when the incidents of network connection occur within its management;

4. Direct the Branches of Customs to coordinate within the internal scope and the relevant units in the areas of the border gates of ports to make clearance for the ships, goods./.

APPENDIX 1

GUIDELINES ON CUSTOMS DECLARATION OF IMPLEMENTING ELECTRONIC CUSTOMS PROCEDURES SEAGOING SHIPS ON ENTRANCE OR EXIT
(Together with Decision No.1870/QD-TCHQ dated September 28, 2011 of General Director of General Department of Customs)

APPENDIX II

LIST OF TABLES
(Together with Decision No.1870/QD-TCHQ dated September 28, 2011 of General Director of General Department of Customs)

1. Form No.01/PTQ/2011 – Proposal form of clearance for ship;

2. Form No.02/PQC/2011 –Documents transfer form of ship in transit;

3. Form No.03/PCC/2011 - Documents transfer form of port-transfer ship;

4. Form No.04/KSCBS/2011 – Declaration amending, supplementing seagoing ship documents.

Form No.01/PTQ/2011

FORM OF PROPOSAL AND CLEARANCE DECISION FOR SEAGOING SHIP

£Entry/£Exit

Number of notice to receipt dossier: ……….             Date … month … year ………..

1. Information on the ship:

Name and type of ship:                                        Arrival port/Departure            Arrival/Departure time at port

IMO number:                                                  Last Departure/Arrival ports:

Ship’s nationality:

Captain’s name                                  Name and address of agent:

2. Result of channeling from the system:

2.1. Ship clearance by green channel:£

2.2. Ship clearance by red channel:£; reason: ..................................................................

2.3. Warning information (if any): ...........................................................................................

2.4. Direction information of superior (if any): ........................................................................

3. Officer’s proposal:

3.1. Ship clearance by green channel: clearance according to system£; other ideas: ..............

3.2. Ship clearance by red channel:     clearance according to system£; other ideas: .............

4. Decision of team leader:

4.1. Ship clearance by green channel: clearance according to system£; other ideas: ..............

4.2. Ship clearance by red channel:     clearance according to system£; other ideas: .............

5. Decision of leader of Customs Branch:

Ship clearance by red channel:     clearance according to system£; other ideas: ....................

6. Direction of leader of Customs Departments of provinces, cities:

6.1. Agree for Ship clearance by red channel:£

6.2. other ideas: ...................................................................................................................

7. Assessment of results of ship inspection, examination:

7.1. System’s determination:                                       True£; False£

7.2. Clearance form change:                   True£; False£

7.3. Brief content on the inspection result:

+ Inspection record number: …………….. Date ….. month …… year .........

+ Violating faults: .................................................................................................................

Form No. 02/PQC/2011

Form NO.03/PCC/2011

Form No.04/KSCBS/2011