Decision No. 206/2003/QD-TTg dated October 07, 2003 of the Prime Minister amending and supplementing a number of articles of the regulation on duty-free shops, issued together with the Prime Minister's Decision No. 205/1998/QD-TTg dated October 19, 1998

DECISION

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE REGULATION ON DUTY-FREE SHOPS, ISSUED TOGETHER WITH THE PRIME MINISTER'S DECISION NO. 205/1998/QD-TTG DATED OCTOBER 19, 1998

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the September 26, 2001 Customs Law;

At the proposal of the Minister of Trade,

DECIDES:

Article 1. To amend and supplement a number of articles of the Regulation on Duty-Free Shops, issued together with the Prime Minister's Decision No. 205/1998/QD-TTg dated October 19, 1998 as follows:

1. Clauses 3 and 4 of Article 4 is amended and supplemented as follows:

"3. The opening of duty-free shops in service of passengers on entry at a number of international airports, the opening of downtown duty-free shops in service of passengers on entry and passengers awaiting departures, and the opening of duty-free shops in service of the diplomats are defined in the Government's Decree No. 73/CP dated July 30, 1994, shall be decided by the Prime Minister at the proposals of the provincial/municipal People's Committees and the concerned ministries.

4. The locations of duty-free shops or warehouses must be approved by the provincial/municipal People's Committees or permitted for use by the managing ministries or branches (for the units directly managed by ministries or branches), and must be certified by the Ministry of Finance (the General Department of Customs) as fully meeting the inspection and control conditions."

2. Clause 4 of Article 5 is amended and supplemented as follows:

"4. All import goods sold at the duty-free shops must be affixed with "VIETNAM DUTY NOT PAID" stamps issued by the Ministry of Finance."

3. Clause d of Article 8 is amended and supplemented as follows:

"d) When ships are anchored at Vietnamese ports, sailors may purchase duty-free goods for their personal needs for use on ships and outside the Vietnamese territorial waters. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Trade in, specifying duty-free goods items and quotas the sailors can purchase, which are compatible with the duration of their ships' anchorage at Vietnamese ports.

Duty-free goods in service of sailors' common daily-life needs during the time when ships are anchored at Vietnamese ports shall be sold according to the orders placed by ship masters or ship representatives for use on ships.

Duty-free goods in service of sailors' needs in the next journeys shall be sold according to the orders placed by ship masters or ship representatives. Such goods volume shall be subject to the customs offices' supervision until ships leave ports."

4. Article 11 is amended and supplemented as follows:

"Article 11. Responsibilities of enterprises trading in duty-free goods

The enterprises trading in duty-free goods shall be held responsible before law for ensuring that goods are sold to the right subjects and with the prescribed volume, and good quality."

Article 2. This Decision takes implementation effect 15 days after its publication in the Official Gazette.

Article 3. The ministers, the heads of the ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities shall have to guide and implement this Decision.