Decision No. 3280/QD-TCHQ dated September 30, 2016 of the General Department of Vietnam Customs on promulgation of instructions on customs procedures for baggage of passengers upon exit or entry, goods carried in baggage of passengers upon exit/entry; customs supervision at international airports

THE MINISTRY OF FINANCE
THGENERAL DEPARTMENT OF VIETNAM CUSTOMS

Decision No.3280/QD-TCHQdatedSeptember 30, 2016of the General Department of Vietnam Customs onpromulgation of instructions on customs procedures for baggage of passengers upon exit or entry, goods carried in baggage of passengers upon exit/entry; customs supervision at international airports

Pursuant to the Law on Customs No. 54/2014/QH13dated June 23, 2014 by the National Assembly of the Socialist Republic of Vietnam;

Pursuant to Decree No. 27/2011/ND-CP dated April 09, 2011 by the Government on supply, use and processing of passengers’ information before entering into the border gate of Vietnam by air traffic;

Pursuant to Decree No. 01/2015/ND-CP dated January 02, 2015 by the Government specifying customs areas; responsibility for cooperation in prevention and fighting against smugglling and illegal transportation of commodities across the border;

Pursuant to Decree No. 08/2015/ND-CP dated January 21, 2015 by the Government detailing and guiding the implementation of the Law on customs regarding customs procedures, examination, supervision and control procedures;

Pursuant to Decision No. 65/2015/QD-TTg dated December 17, 2015 by the Prime Minister detailing functions, tasks, powers and organizational structures of the General Department of Customs affiliated to the Ministry of Finance;

Pursuant to Circular No.149/2010/TT-BTC dated September 27, 2010 by the Ministry of Finance guiding the implemenation of regulations on added value tax and customs administration applicable to goods and services provided in international zones;

Pursuant to Circular No. 72/2014/TT-BTCdated May 30, 2014 by the Ministry of Finance on refund of value added tax on goods of foreigners, overseas Vietnamese that taken with them upon exit;

Pursuant to Circular No. 38/2015/TT-BTC dated March 27, 22015 by the Ministry of Finance on customs procedures, customs supervision and inspection, import and export duty and tax administration applied to exported and imported goods.

Pursuant to Circular No.120/2015/TT-BTC dated August 14, 2015 by the Ministry of Finance promulgating forms, printing, issuance, management and use of Customs declarations for passengers upon exit/entry;

Pursuant to Decision No. 464/QD-BTC dated June 29, 2015 by the Minister of Finance promulgating on risk management in customs activities.

At the request of the Director of Customs Management Supervision Department.

DECIDES:

Article 1.Instructions on customs procedures for baggage of outbound passengers and inbound passengers and goods carried in their baggage; customs supervision at international airports is enclosed herewith.

Article 2.This Decisiontakes effect on the signing date..

Article 3.This Decision is applied at Sub-departments of Customs at checkpoints of international airports and Sub-departments of Customs in charge of international airports and replaces the Decision No. 2428/QD-TCHQ dated December 14, 2009; Decision No. 1165/QD-TCHQ dated December 23, 2011; Decision No. 1973/2014/QD-TCHQ dated December 23, 2014 and Decision No. 3816/2014/QD-TCHQ dated July 04, 2014 by the Director of the General Department of Customs.

Article 4.The Director of Customs Departments of provinces and cities in charge of international airports shall, pursuant to provisions of the Procedure enclosed with this Decision, promulgate specific procedures of each airport in accordance with actual conditions;

Article 5.The Director of Customs Departments of provinces and cities in charge of international airports, Heads of units affiliated to the General Department of Customsshall be responsible for implementing this Decision./.

For the Director

The Deputy Director

Vu Ngoc Anh

CUSTOMS PROCEDURES FOR BAGGAGE OF OUTBOUND/INBOUND PASSENGERS, GOODS CARRIED IN BAGGAGE OF OUTBOUND/INBOUND PASSENGERS; CUSTOMS SUPERVISION AT INTERNATIONAL AIRPORTS

(To attachwith Decision No.3280/QD-TCHQ dated September 30, 2016 by the Director of the General Department of Customs)

Chapter I

GENERAL PROVISIONS

Article 1. Scope ofadjustment

1. Thoseinstructionsprovide for:

a) Baggage ofoutbound passengers, inbound passengers and transit passengers at international airports;

b) Baggage ofoutbound passengers and inbound passengerswhich ischeckedbefore or after the trip;

c) Baggage ofoutbound passengers and inbound passengerswhich is lost,abandonedormisarrangedat international airports;

d) Exported and imported goods which are carried in baggage ofoutbound passengers and inbound passengers;

e) VND cash, foreign currency cash which is carried through secure areas and restricted areas at passenger terminal buildings of international airports;

2. Thoseinstructionsprovide forprocedures forcustoms supervision of goods and baggage ofoutbound passengers and inbound passengers,departing or arrivingtransport vehicles and the operation of unit relevant to regulated entities in customs area at checkpoints of international airports specified in Article 5 of Decree No. 01/2015/ND-CP dated January 02, 2015 by the Government.

3. Customs procedures for goods which are exported, imported or transitthroughinternational airports shall comply with regulations in Decision No. 1966/QD-TCHQ of the Director of the General Department of Customs.

4. Customs procedures for duty-free goods, goods of Vietnam which are sold atsecurearea and fuels supplied todepartingaircrafts shall comply which regulations of the Ministry of Finance.

Article 2.Subject of application

1.Instructions in this documentapply to customs officials.

2. Entities subject to customs supervision:

a)Outbound or inbound passengers;

b)Departing, arriving or transiting aircrafts;

c) Specialized vehicles, officers and objects belonging to providers of food, fuel, hygiene, repair, maintenance and baggage and goods loading services at areas under customs supervision;

d) Baggage ofoutbound or inbound passengersin the area and within the customs supervision period;

dd) Imported goods transported from cargo terminals, loading and transshipment areas or cargo terminal facilities to aircraft stands to be loaded ondepartingaircrafts; imported goods transported fromarrivingaircrafts to cargo terminals, loading and transshipment areas or cargo terminal facilities;

e) Food and fuel supplied to aircrafts, souvernirs of Vietnamese origin which are sold ondepartingaircrafts; duty-free goods sold on departing or arriving aircrafts of Vietnam.

Article 3. Principle of supervision

1. Customs supervision at international airports shall comply with supervision methods specified in Clause 2 and Clause 3 Article 38 of the Law on Customs.

2. Regulations on risk management in customs activities at international airports shall be applicable to the supervision and inspection of entities specified in Clause 2 Article 2 of these instructions.

Article 4. Principle of inspection of baggage ofoutbound, inbound or transit passengers

1. Directors of Sub-departments of Customs shalldesignthe customs procedures foroutbound and inbound passengersas follows:

a) Lineforpassengers not subject to customs declaration (green line): applicable to departing and arriving passengers whose baggage is not subject to customs declaration and who is not required to carry out customs declaration.

b) Lineforpassengers subject to customs declaration (red line): applicable tooutbound and inboundpassengers whose baggage is subject to customs declaration or in case anysuspicion is foundby customs officials during the supervision.

2. Baggage ofoutbound passengers, inbound passengers and transit passengerswhich is subject to customs declaration or which isvitalsubject of inspection, or is regarded withanomalyor subject to random inspection shall be inspected according to provisions hereof.

3. The inspection of baggage ofoutbound, inbound and transit passengersshall be conducted at the inspection area or in the inspection room of the Sub-department of Customs which is equipped with supervision cameras according to regulations of the General Department of Customs.

4. Determination of vital subjects, areas and time:

a) Basis for determination of vital entities:

a.1) The risk management system (Note of determination of vital information about the flight, the vital entities), to determine the vital and baggage thereof subject to inspection and/or supervision;

a.2) Information provided by relevant functional forces;

a.3) The results of thephysicalsupervisionbyofficials;

a.4) Theoutbound/inboundpassengers having baggage subject to declaration according to regulation;

a.5) The results of random inspection;

b) Determination of vital areas:

b.1) Baggage carousel area;

b.2) Jet bridge;

b.3) Customs area;

b.4) Isolated area; restricted area;

b.5) Aircraft stands for important aircrafts;

b.6) Other areas in accordance with decisions of the Director of Sub-department of Customs and the actual situation;

c) Determination of vital time:

Vital time shall be derermined pursuant to the time of organization of big national events like holidays, ceremonies, Party Congress, etc.

5. Levelsandmethodsof inspection of baggage ofoutbound/inbound/transitpassengers:

a) Form of inspection:

a.1) Exemption from inspection (hereinafter referred to as K0method);

a.2) Inspection via screening machine (hereinafter referred to as K1method);

a.3)Physicalinspection of baggage (hereinafter referred to as K2method);

a.4)Frisking in case the outbound/inbound/transit passenger is suspected smuggling or illegally transporting goodsacross the border(hereinafter referred to as K3);

b) Level of screening:

b.1) Level 1: Screening for discovering suspicious baggage;

b.2) Level 2: Screening forverifying the suspicion.

Article 5. Responsibilities of Customs Departments

1. Responsibilitiesof Directors of Customs Departments:

a) Establish peculiar controlling procedures and specify the procedures for implementing customs procedures at international airports under their management on the basis of provisions of these instructions and law provisions. Direct, inspect and expedite Sub-departmentsof customs in charge of international airports and relevant authorities to implement these instructions;

b) Provide directions for complicated situations which need the cooperation with units inside and outside those sectors;

c) Promptly report to General Director complicated and ultra vires situations;

d) Review and grant approval for plans on arrangement of forces of teams and groups affiliated to Sub-departments of Customs in charges of international airports, cooperation mechanism between relevant units in the implementation of the procedures;

dd) Review and grant approval for supervision and inspection plans, descriptions of functions and tasks of specific positions of officials and professional books for specific positions of officials sent from the Sub-departments of customs in charge of international airports.

2. Responsibilities of Sub-departments of customs:

a) Responsibilities of Directors of Sub-departments of customs:

a.1) Depending on information on risk management, flight schedule and related information pertaining to departing, arriving ortransitingaircrafts, specific situations, resources and locations,

a.1.1) Establish supervision and inspection plans for specific periods to take measures for controlling different vital areas and vital flights;

a.1.2) On the basic of time, vital passenger information and risk management measures taken during customs procedures foroutbound/inboundpassengers, make decision to conduct whole or partial screening of bagge of departing and/or entering passengers;

a.1.3) For complicated or ultra vires situations or signs of violations that request the cooperation and increase of resources, promptly report to the Directors of Customs Department for instructions;

a.2) The plans shall comprise:

a.2.1) Determination of vital areas, vital flights, vital time to implement supervision and inspection plans to take suitable supervision and inspection measures;

a.2.2) Organization and assignment of officials to conduct pre-flight determination of vital subjects. To be specific:

- Formulate and issue the list of vital subjects on risk management system;

- Write relevant information on Vital information note for specific flight and send such note to responsible divisions;

- Formulate plans on screening and determination of vital subjects and supervising officials (hereinafter referred to as supervisor) in charge of determining vital subjects;

a.2.3) Arrangement of forces and plans on cooperation in handling arising situations;

a.3) Regulate operations of divisions in the units and cooperate with relevant forces in the implementation of procedures and supervision of baggage ofoutbound/inbound/transitpassengers and departing, arriving or transiting aircrafts;

a.4) Establish and report the description of functions and tasks and professional books for specific positions to Directors of Customs departments for approval; establish monitoring books for each professional stage in these instructions so that officials can make records according to regulations;

a.5) Establish presumptive situations for vital flights, vital subjects to draw up plans and procedures for handling arising situations, hold practices of the abovementioned presumptive situations;

a.6) Provide suitable professional training for officials;

b. Responsibilities of officials:

b.1) Comply with the assignment of Directors of Sub-departments of customs;

b.2) Supervise the implementation according to the description of functions and tasks and the professional books, record information to monitoring books issued by Directors of Customs Departments of provinces;

b.3) Promptly reportthe suspicion foundduring the supervision to directors for instructions.

Chapter II

CUSTOMS PROCEDURES FOR BAGGAGE OF OUTBOUND OR INBOUND PASSENGERS; GOODS CARRIED IN BAGGAGE OF OUTBOUND/INBOUND PASSENGERS

Section I: CUSTOMS PROCEDURES FOR BAGGAGE OF OUTBOUND PASSENGERS

Article 6. Customs procedures for baggage of outbound passengers

Customs procedures for baggage ofoutboundpassengers:

1.Step 1:Baggage inspection:

a) Inspection of checked baggage:byK1method, level 1:

a.1)If no suspicion is foundafter checking: exiting passengers baggage clears customs;

a.2)If suspicion is foundafter checking: screening officials (hereinafter referred to as screeners) shall notify the subjects of inspection to inspecting/supervising officials (hereinafter referred to as inspector/supervisor) via communication devices to request theoutboundpassenger to enter the baggage checking areas for inspection and handling (if any violation);

b) Inspection of hand baggage: Inspection using screening machinebyK0 or K1method:

b.1)If no suspicion is foundafter checking: hand baggage clears customs and customs declaration submitted upon entry shall be collected (if any);

b.2)If suspicion is foundafter checking: theoutboundpassenger’s baggage shall be brought to inspection room to be checked in K2 or K3methodbefore the next steps;

c) For inspection vital subjects of inspection or in casesuspicion is found orrandom inspection or inspection under the request of units inside or outside the sector, supervisors shall, via communication devices, request the screeners to bring the baggage to inspection areas; supervisors/inspector shall request theoutboundpassenger to enter the inspection area for baggage inspection;

d) Oversize baggage shall be brought to technical areas and shall be sent under escort of supervisors to screeners to be checkedbyK1 or K2method;

d.1)If no suspicion is foundafter checking:baggageclear customs;

d.2) If suspicion is found: screeners shall request the outbound passenger to enter the oversize-baggage inspection areas for inspection.

2.Step 2:Receipt ofcustoms declaration sheets and K2 inspection:

a) If the inbound passenger wishes to make declaration, he/she shall be guided according to regulations in Chapter II of Circular No.38/2015/TT-BTCdated March 25, 2015 bythe Ministry of Finance;

b)Customs declaration sheetreceiptandbaggageinspection:

b.1) The outbound passenger shall be requested to confirm their ownership towards the baggage and presentcustoms declaration sheet;

b.2) Baggage checking process:

b.2.1) No violation discovered after checking: thecustoms declaration sheetshall be validated, page 1 and page 2 of thecustoms declaration sheetshall be returned to the outbound passenger and passenger’s baggage (if any) shall clear customs;

b.2.2) Violations discovered after checking:actions againstviolation(s) shall be taken. Violation(s) which has/have not been specified on thecustoms declaration sheetshall be recorded;

b.3) Baggage of outbound passenger which is commercial exports shall be checked according to Article 7 of these instructions;

b.4) For inspection of vital subjects according to the Vital information note, inspection results shall be recorded to the form HQ 02.

3.Step 3:Document retention according to regulations.

Article 7. Customs procedures forcommercial exports carried in baggage of outbound passengers

Customs proceduresandcustoms supervisionfor commercial exports carried in baggage of outbound passengers shall comply with regulations in Chapter II of Circular No.38/2015/TT-BTCdated March 25, 2015 bythe Ministry of Financeas follows:

1.Step 1:Customs dossiersreceiptaccording to regulations

a) Receipt ofcustoms declaration sheets from outbound passengers;

a.1) Quantity and conditions ofcustoms declaration sheets (goods clearing and released - eligible for export or goods yet clearing and released - ineligible for export) on the System shall be checked according to regulations;

a.2) Quantity and weight of packages;

b) Handling of inspection results:

b.1) If information on thecustoms declaration sheets or the transport invoices is in compliance with information on the System, the luggage shall be certified as released from the customs controlled area (CCA);

b.2) If information is unconformable, procedures specified in Point b clause 1 Article 32 of Decision No.1966/QD-TCHQbythe Director of the General Department of Customsshall be applied.

2.Step 2:Physical inspectionof goods at the request ofSub-department of Customswhere the declaration registration is conducted (if any) shall be in conformity with regulations in Clause 11 Article 29 of Circular No. 38/2015/TT-BTC dated March 25, 2015 bythe Ministry of Financeas follows:

a) If no violation ensues:

a.1) The phrase “Goods released from CCA” on the e-Customs System shall be checked, applicable to electronic declaration on the e-Customs System.

a.2) The stamp “Goods released from CCA” shall be put in the box No. 31 on the writtencustoms declaration sheetaccording to regulations.

b) Any violation ensuing shall be recorded and handled.

3.Step 3:Document retention according to regulations.

Section II: CUSTOMS PROCEDURES FOR BAGGAGE OF PASSENGER UPON ENTRY

Article 8. Customs procedures for baggage ofinbound passengers

1.If screening machines have been installed in baggage reclaim area of the international airport,customs proceduresshall be carried out as follows:

Step 1:Baggage inspection:

a) Inspection of checked baggage:byK1method, level 1:

a.1)If no suspicion is foundafter checking:baggage shall be returned to the outbound passenger through the baggage carousel;

a.2) If suspicion is found after checking: the screener shall:

a.2.1) Inform the inspector/supervisor the subjects of inspection by communicative devices;

a.2.2) Mark the suspicious baggage (by technology or physical method) according to regulations;

a.2.3) Put the marked baggage on the conveyor;

b) Inspection of hand baggage: Inspection using screening machinebyK0 or K1method:

b.1)If nosuspicion is foundafter checking: hand baggage clears customs and customs declaration sheet submitted uponexitshall be collected (if any);

b.2) If suspicion is found after checking: the passenger shall be requested to bring his/her baggage to inspection area/room;

c) Oversize baggage shall be brought to technical areas and shall be sent under escort of supervisors to screeners to be checkedbyK1 or K2method;

c.1)If no suspicion is foundafter checking: baggage clear customs;

c.2)If suspicion is found: screeners shall request theenteringpassenger to enter the baggage inspection areas forinspection;

d) The screener shall take and save photos of the suspicious baggage subject to inspection.

Step 2:Receipt of customs declaration sheetsand K2 inspection:

a) If the inbound passenger wishes to make written declaration, he/she shall be guided according to regulations;

b) If an inbound passenger whose baggage is marked or who is suspicious subject, vital subject or subject of random inspection is standing on the green line, supervisors shall request him/her to move to red line for customs inspection as follows:

b.1) Theinboundpassenger shall be requested to confirmhis/herownershiptowardsthe baggageandpresent customs declaration sheetand the baggage shall be inspected;

b.2)Baggageinspection resultsshall be processed;

b.2.1) No violation discovered: the customs declaration sheet shall bevalidated, page 1 and page 2 of the customs declaration sheet shall be returned to the passenger and passenger’s baggage (if any) shall clear customs;

b.2.2) Violations discovered after checking: actions against violation(s) shall be taken. Violation(s) which has/have not beenspecifiedon the customs declaration sheet shall berecorded;

b.3) Baggage ofinboundpassenger which is commercialgoodsshall be checked according to Article 9 of these instructions;

b.4) For inspection of vital subjects according to the Vital information note, inspection results shall be recorded to the form HQ 02.

Step 3:Document retention according to regulations.

3. If screening machine has notbeen installed in baggage reclaim area of the international airport

Supervisors shall specify inbound passengers to be on green line and those to be on red line, ensuring that:

-Inbound passengers not subject to customs declaration nor supervision of customs officials are on green line.

-Inboundpassengerswhose baggage issubject to customs declarationor whoaresuspicious subject, vital subjectsor subjectsof random inspectionare on red linefor customsproceduresas follows:

Step1:Receipt of customs declaration sheets;

Step 2:Inspection of baggage by K1 method:

a) Entering passengers shall be requested to bring their baggage (checked or handed) to level 1 screening machine;

b) Handling of inspection results:

b.1) No violation discovered: the customs declaration sheet shall bevalidated, page 1 and page 2 of the customs declaration sheet shall be returned to theoutboundpassenger and passenger’s baggage (if any) shall clear customs;

b.2)If suspicion is foundafter checking: theenteringpassenger’s baggage shall be brought to inspection room to be checkedbyK2 or K3method and handled according to regulations.

Step 3:Document retention according to regulations.

Article 9. Customs procedures for commercial exports carried in baggage of inbound passengers

1. If the inbound passenger carries commercial imports in his/her baggage which has been registered in form ofelectronic customsat a Sub-department of Customs, then customs procedures shall be carried out as follows:

Step 1:Receipt of customs dossiers:

a) Receipt of customs declaration sheets from the inbound passengers;

a.1) Condition of thecustoms declaration sheeton the System shall be checked (the eligibility to pass the CCA);

a.2) If the declaration clear customs on the System, quantity and weight of packages shall be checked;

a.3) Warning by the System (if any);

b) Handling of inspection results:

b.1) If the inspection result shows that goods are conformable, they shall be certified eligible for release from the CCA;

b.2) If the inspection result indicates that goods are unconformable, they shall be handled according to regulations in Point b.2 clause 2 Article 35 of Decision No. 1966/QD-TCHQ by the Director of the General Department of Customs.

Step 2:Physical inspectionof goodsat the request of Sub-department of Customs where the declaration registration is conducted (if any) shall be in conformity with regulations in Clause 11 Article 29 of Circular No. 38/2015/TT-BTC dated March 25, 2015 by the Ministry of Finance as follows:

a) If no violations against legislation discovered, the phrase “Goods released from the CCA)”on the e-Customs System shall be checked, applicable to electronic declaration on the e-Customs System;

b) Any violation ensuing shall be recorded and handled according to regulations.

Step 3:Document retention according to regulations.

2. If the inbound passenger carries goods which required the import license, the notification of specialized inspection results issued byspecialized inspectionauthorities but fails to present any of the abovementioned papers in customs procedures, customs officials shall:

Step 1:

Refuse to receivecustoms declaration sheetby issuing the Professional request.

Step 2:Request the inbound passenger to present goods for inspection, file goods custody records for the reason that imported goods have not obtained a license.

Step 3:Handle the goods in custody:

a) Formulate the Receipt note using the FormHQ05/GBNTGenclosed with these instructions, 01 copy of which shall be sent to the inbound passenger; keep goods in custody;

b) Affix seals containing signature of goods owner to goods packages;

c) Transfer goods to custody warehouse at theSub-department of Customs, and:

c.1) Within 30 days:

c.1.1) If theinboundpassenger or his/her legal representative presents the license or the notification of specialized inspection results, the customs declaration registration shall be conducted to clear the shipment through customs;

c.1.2) If neither theinboundpassenger who applies for re-exit nor his/her legal representative presents the license or notification of specialized inspection results, the Director of the Sub-department of customs shall handle according to regulations;

c.2) Past 30 days from the day on which theinboundpassenger carries his/her baggage to the border gate, if no person carries out the customs procedures, such baggage shall be handled as that left in the customs area according to regulations of the Ministry of Finance;

Step 4:Document retention according to regulations.

3.In case theinboundpassenger carries baggage with an amount exceeding the level eligible for exemption according to regulations and has carried the customs declaration registration but fails to pay taxes:

a) A receipt note using the form HQ05/GBN enclosed with this Official Dispatch shall be made and baggage shall be brought to custody warehouse of the Sub-department of Customs;

b)

b.1) Within 30 days:

b.1.1) Theinboundppassenger or his/her legal representative shall pay sufficinetly the tax and clear the baggage;

b.1.2) If theinboundpassenger or his/her legal representative cannot pay sufficiently the tax and applies for re-export of goods, the situation shall be reported to the Director of the Sub-department for cancellation of customs declaration according to regulations and approval for re-export;

b.2) Past 30 days from the day on which the inbound passenger carries his/her baggage to the border gate, if no personpays the tax, such baggage shall be handled as that left in the customs area according to regulations of the Ministry of Finance.

Section III: CUSTOMS PROCEDURES FOR BAGGAGE OF PASSENGERS BEING IN TRANSIT; BAGGAGE CHECKED BEFORE OR AFTER THE FLIGHT OF ENTERING OR EXITING PASSENGERS

Article 10. Customs procedures for baggage of transitpassengers

1.If atransitpassenger disembarking from an entering aircraft is guided to the secure area to wait fora departingflight, hand baggage of such passenger shall bear K1 inspection.

2. If thetransitpassenger disembarking from anarrivingaircraft is guided to the secure area forarrivingprocedures before embarking a domestic aircraft to move to another airport fordepartingprocedures, baggage of such passenger shall be handled according to Article 8 of these instructions.

Article 11. Customs procedures for baggage checked before or after the flight of the outbound/inbound passenger

If theinbound/outboundpassenger or his/her legal representative carries out the check-in or receiving procedures for baggage before or after the flight, customs officials shall follow the steps specified in Article 45, 46, 47, 48 and 49 of Section 1 Part VIII of the Procedures enclosed with the Decision No. 1966/QD-TCHQ dated July 10, 2015 by the Director of the General Department of Customs.

Section IV: PROCEDURES FOR DROPPING OFF AND PICKING UP BAGGAGE STORED IN CUSTOMS WAREHOUSE ON DEMAND OF THE ENTERING OR EXITING PASSENGER; MISSING BAGGAGE AT INTERNATIONAL AIRPORTS

Article 12. Baggage check and reclaim

1.Procedures for check-in of the baggage:

Step 1:Receipt of the baggage and the application for check-in of baggage.

Step 2:K1 inspection of the checked baggage.

Step 3:For baggage not banned from import or export: Baggage claim receipts using the form HQ 04 in the Annex of this Decision shall be issued and the baggage check-in shall be recorded to the monitoring books;

If suspicion is found, physical inspection shall be conducted. If the goods are determined banned from import/export, records shall be made and goods shall be handled according to regulations.

Step 4:Affix seal on the check baggage in storage then hand the baggage claim receipt to the inbound/outbound passenger.

2. Procedures for receipt of checked baggage:

Step 1:Collect the (original) baggage claim receipt and passport of the inbound/outbound passenger;

In case the outbound/inbound passenger authorizes the legitimate representative to carry out the procedures: collect the (original) baggage claim receipt, the (copied) passport of the passenger, the authorized representative’s ID card and the (original) letter of authorization as regulated by the laws.

Step 2:Collate the content of the baggage claim receipt and passport with the information recorded in the log;

If the checked baggage in storage is subject to re-exportation, a report with full documents shall be sent to the Sub-department Director for instruction and affixture of his signature and official seal on the baggage input form.

Step 3:Return the baggage and request the passenger’s signature with full name on the log to confirm his receipt of the checked baggage.

Step 4:Transfer the baggage to an official of the baggage release team which shall supervise the release procedure to assure that the baggage is truly released.

Step 5:Retain the original baggage claim receipt and (copies of) relevant documents as stated in Step 1.

Article 13. Responsibilities of customs officials upon carriers’ submission of checked baggage abandoned, misarranged, lost or unclaimed

Step 1.Take in every baggage in intact packing which are abandoned, lost and misarranged from airliners or legal representatives.

Step 2.Apply the K1 inspection method to such baggage:

a) If no suspicion is found, such baggage shall be handed over to the representative of the airliner or legal representative then returned to the owner;

b) If the baggage contains inflammable substances or environment pollutant, functional agencies shall be asked to cooperate in examining and handling such baggage according to the cooperation policy and regulations;

c) If the items inside the baggage are prohibited imports or exports or be subject to specialized bodies permit or exceed standard norms, such baggage shall be sealed by customs procedure and be put into custody of the airliner or legal representative;

d) If suspicion is found, the following step succeeds.

Step 3.Handle the baggage abandoned, lost or misarranged:

a) If no suspicion is found: Request the airliner or legal representative to make written declaration which is then signed and sealed by the customs official. Retain 01 original copy of such declaration and give the other copy to the airliner or legal representative;

b) If the baggage contains inflammable substances or environment pollutants: Request the airliner or legal representative to summon the representative of a specialized agency to make a written record of such baggage, move and open it in a safe area in the presence of the customs official and handle it according to regulations;

c) If the items inside the baggage are prohibited imports or exports or be subject to specialized bodies permit or exceed standard norms: Request the airliner or legal representative to keep the baggage and ask the owner to present himself at the Sub-department of international airport customs in 30 days upon the arrival of the baggage at the checkpoint to settle relevant customs formalities.

Step 5.Record the incident in writing and take actions against violations (if any).

Step 6.Enter the data into the computer or monitoring book, make 01 copy of the declaration.

If the recipient of the baggage abandoned, lost or misarranged is unidentified, the procedure for baggage abandoned, lost and misarranged but not claimed after customs declaration deadline shall apply according to regulations of the Ministry of Finance.

Article 14. Customs declaration of baggage abandoned, lost and misarranged subject to customs declaration upon claiming

Step 1.Collect and verify the validity of the papers submitted by the outbound or inbound passenger or the lawfully authorized persons according to regulations.

Step 2.Apply the K2 inspection method to such baggage:

Determine the dutiable value and collect the tax, if ensuing, according to regulations;

Record violations (if any) in writing for remedial action;

Affix the signature and official seal on the customs declaration form filled by the outbound/inbound passenger (if available) and the paper-based customs declaration form according to regulations to clear the baggage.

Step 3.Enter the data into the computer or monitoring book.

Step 4:Retain documents according to regulations.

Section V: PROCEDURE FOR CUSTOMS SUPERVISION OF THE CARRYING OF CASH IN VIETNAMESE OR FOREIGN CURRENCY OUT OF OR INTO CUSTOMS-SUPERVISED AREAS IN INTERNATIONAL AIRPORT

Article 15. Procedure for customs supervision and inspection of the carrying of cash in Vietnamese or foreign currency into or out of the secure area for passengers in the international airport

The carrying of cash in Vietnamese or foreign currency into or out of the secure area for passengers in the international airport shall be subject to the following supervision and inspection:

Step 1.Collect the cash declaration list (for Vietnamese and foreign currency) according to Form No. 03 annexed to this document.

Step 2.Inspect and collate the Vietnamese or foreign currency notes presented by the enterprise’s representative with those declared.

Step 3.Affix the signature and official seal on the declaration list.

Step 4.Given 01 copy of the declaration list to the enterprise.

Step 5.Update information in the monitoring book and retain 01 copy of the declaration list.

Step 6.Carry out customs liquidation, if necessary, according to regulations.

Chapter III

CUSTOMS SUPERVISION IN INTERNATIONAL AIRPORT

Section I: CUSTOMS SUPERVISION IN THE APRON, CARGO HANDLING AND TRANSSHIPMENT AREA, WAREHOUSE, IMPORT AND EXPORT STORAGE YARD

Article 16. Supervision of the apron

1. Items under supervision:

a) Airplanes departing, arriving or transiting which park in the apron;

b) Outbound, inbound or transit passengers;

c) Checked baggage of the outbound, inbound or transit passengers being handled, loaded onto or unloaded from the vehicle;

d) Imports and exports loaded onto or unloaded from the airplane;

e) Activities and vehicles of the cleaners, mechanics and stevedores serving international flights; catering and refueling;

g) Diplomatic and consular pouches.

2. Time of supervision:

a) For airplanes departing, arriving and transiting: Upon the airplane s arrival, during its parking in the apron and until its departure;

b) Outbound, inbound or transit passengers and their hand baggage: Upon their exit from the arriving airplane until their entering the arrival terminal; upon their entering the departure terminal until their boarding on the departing airplane;

c) Deposited baggage of outbound, inbound or transit passengers: Upon the unloading from the airplane to the conveyance of the baggage to the carousel in the arrival terminal; upon the conveyance of the baggage through the outbound baggage handling area onto the departing airplane;

d) During the operation of vehicles and units when the airplane parks in the apron;

dd) During the receipt and reclaiming of diplomatic and consular pouches.

3. Supervisory activities shall be subject to the regulations defined by the Head of the provincial Customs Sub-department.

Article 17. Supervision in stevedoring area, transshipment area, import and export warehouse

1. Items under supervision:

a) Imports and export carried by special vehicles from the arriving airplane and unloaded to the stevedoring area, transshipment area and warehouse and vice versa;

b) Imports and exports transited on domestic flight.

2. Time of supervision:

a) Upon the unloading of the imports from the airplane until their conveyance to the stevedoring area, transshipment area or warehouse;

b) Upon the release of the exports from the stevedoring area, transshipment area or warehouse onto the departing airplane;

c) Upon the release of the items from the stevedoring area, transshipment area or storage area out of the CCA to an unexpended warehouse, industrial park, export processing zone, factory or building as per regulations;

d) During the transportation of imports and exports on domestic flight (if applicable).

3. Supervisory activities shall be subject to the regulations defined by the Head of the provincial Customs Sub-department.

Article 18. Supervision of duty-free merchandise storage area, souvenirs of Vietnamese origin sold on departing airplanes, merchandise warehouse in secure area.

1. Items and activities under supervision:

a) Merchandise released from, taken in and store in the warehouse for duty-free merchandise, souvenirs of Vietnamese origin or goods sold in the secure area;

b) Merchandise carried to a duty-free store or souvenir shop in the terminal or aboard an airplane;

c) Special vehicles carrying merchandise to a duty-free store in the terminal or onto an airplane;

d) The release of merchandise from the warehouse onto an airplane (if applicable);

dd) The retrieval of unsold merchandise from an airplane to the warehouse (if applicable);

e) The supplementation of merchandise in the warehouse (if applicable).

2. Time of supervision:

Upon the conveyance of duty-free merchandise by special vehicle to or from a store or airplane;

Upon an enterprise’s demand for the supplementation of onboard duty-free merchandise in the warehouse.

3. The supervisory activities shall be subject to the regulations defined by the head of the provincial Customs Sub-department.

Section II: CUSTOMS SUPERVISION OF AIRPLANE GROUND HANDLING

Article 19. Customs supervision of airline catering

1. Items under supervision for airline catering:

a) Vehicles and equipment carrying, loading and unloading meals onto and out of the airplane;

b) Meals and meal serving instruments loading and unloaded by special vehicles onto and out of the airplane.

2. Time of supervision:

Upon the loading of meals and relevant instruments from the vehicle onto the airplane and vice versa.

3. The supervisory activities shall be subject to the regulations defined by the head of the provincial Customs Sub-department.

Article 20. Customs supervision of airplane cleaning, technical checking, passenger boarding and alighting, ground servicing

1. Contents under supervision:

The said activities when conducted by relevant units and upon the dismemberment in the apron.

2. Time of supervision:

Upon the embankment and dismemberment of the units.

3. The supervisory activities shall be subject to the regulations defined by the head of the provincial Customs Sub-department.

Article 21. Customs supervision of fuel storage and pumping

1. Supervision of fuel storage area:

a) Fuel that has passed import formalities and are carried by a vehicle from the import checkpoint to the storage area;

b) Fuel provided to the airplane;

c) The refueling by special vehicle and pipes from the storage area into the airplane.

2. Duration of supervision:

a) During the transfer of fuel to the storage area;

b) During the refueling of the departing airplane.

3. The supervisory activities shall be subject to the regulations defined by the head of the provincial Customs Sub-department.

Article 22. Customs supervision of airplane repair and maintenance

1. Items under supervision:

-Airplanes entering and leaving the repair hangar;

-Parts for airplane repair.

2. Time of supervision:

Upon an airplane s entering and leaving the repair hangar;

3. The supervisory activities shall comply with regulations defined by the head of the provincial Customs department.

Section III: CUSTOMS SUPERVISION IN THE FREIGHT TERMINAL

Article 23. Supervision at the entrance of the freight terminal

1. Items under supervision:

a) Exports entering the CCA;

b) Imports leaving the customs supervision area from the international cargo warehouse.

c) Diplomatic and consular pouches entering and leaving the CCA.

2. Time of supervision:

a) When exports, diplomatic and consular pouches enter the CCA;

b) When imports, diplomatic and consular pouches leave the CCA;

3. The supervisory activities shall be subject to the regulations defined by the head of the provincial Customs department.

Article 24. Supervision in international cargo warehouse

1. Items under supervision:

a) Goods taken in, stored in and released from an international cargo warehouse for exportation;

b) Imports taken in, stored in and released from the warehouse for or after formalities;

c) Diplomatic and consular pouches taken in, stored in and released from the warehouse for exportation and importation.

2. Time of supervision:

During the intake, storage and release of exports, imports, diplomatic and consular pouches into, in and from the CCA;

3. The supervisory activities shall be subject to the regulations defined by the head of the provincial Customs department.

Section IV: CUSTOMS SUPERVISION IN INTERNATIONAL PASSENGER TERMINAL

Article 25. Supervision in the terminal for international outbound/inbound passengers, including VIP A area.

1. Entities and items under supervision:

a) Baggage and outbound and inbound passengers;

b) Duty-free stores, souvenir boutiques, eating and drinking shops and other activities in the CCA;

c) Vietnamese and foreign currencies carried into and out of the CCA in the international terminal;

d) Activities of the employees of relevant units in the secure area;

dd) Tax-refundable products carried by the outbound passengers onto the airplane.

2. Time of supervision:

a) During the procedures for the departing, arriving and transiting airplanes;

b) Upon the importation and exportation of goods for the entities and items defined in Clause 1 of this Article;

c) Upon the carrying of Vietnamese and foreign currencies into and out of the CCA;

d) Upon the entry, exit and activities of the employees of relevant units in the CCA.

3. The supervisory activities shall be subject to the regulations defined by the head of the provincial Customs department.

Chapter IV

IMPLEMENTATIONORGANIZATION

Article 26. Provincial Customs department managing the airport

1. Head of the provincial Customs department shall issue specific guidelines for the international airport under its management according to the applicable laws and these instructions.

2. Difficulties arising during the implementation of this Decision shall be reported to the General Department of Customs.

Article 27. Customs Management Supervision Department

1. Cooperate with the Risk Management Department and the provincial Customs department managing the airport in inspecting and guiding the local implementation of this Decision.

2. Recommend solutions against difficulties in implementing this Decision promptly.

3. Inspect, expedite, review and verify the specific procedures of international airports according to actual circumstances.

Article 28. Risk Management Department

1. Cooperate with the provincial Customs department managing the airport in establishing risk-based criteria for the outbound/inbound passengers then propose the screening ratio of their baggage, inspect essential entities and flights.

2. Cooperate with the Supervision and Management Department and relevant units in inspecting and guiding the units to practice risk management./.