Decision No. 47/2014/QD-TTg dated August 27, 2014 of the Prime Minister promulgating the Regulation on management of the operation of inland clearance depots

DECISION

Promulgating the Regulation on management of the operation of inland clearance depots[1]

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

Pursuant to the Government’s Decree No. 154/2005/ND-CP of December 15, 2005, prescribing the customs procedures and customs inspection and supervision regimes;

At the proposal of the Minister of Transport,

The Prime Minister decides to promulgate the Regulation on management of the operation of inland clearance depots.

Article 1.To promulgate together with this Decision the Regulation on management of the operation of inland clearance depots.

Article 2.This Decision takes effect on November 15, 2014.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.

Prime Minister
NGUYEN TAN DUNG

Regulation on management of the operation of inland
clearance depots

(Promulgated together with the Prime Minister’s Decision
No. 47/2014/QD-TTg of August 27, 2014)

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Regulation provides in detail the management of the operation of inland clearance depots in Vietnam, including investment, operation, commercial service provision and performance of procedures for the export and import of goods at inland clearance depots.

Article 2.Subjects of application

This Regulation applies to agencies, organizations and individuals involved in the operation of inland clearance depots in Vietnam.

Article 3.Law application

When operating at inland clearance depots, agencies, organizations and individuals shall abide by this Regulation, other relevant Vietnamese laws and relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4.Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Inland clearance depot constitutes part of transport infrastructure, a hub for organization of transport associated with the operation of seaports, international airports, international inland waterway ports and international land border gates, and at the same time functions as a border gate for exports and imports.

2. Inland clearance depot customs office means the customs organization operating permanently at an inland clearance depot.

3. Control zone means the place of direct inspection and supervision of people, vehicles and goods entering and leaving an inland clearance depot.

4. Administration office zone means the place where administrative, management and transaction activities of related parties at an inland clearance depot are concentrated.

5. Investor means a person investing in the construction of an inland clearance depot.

6. Enterprise operating inland clearance depot infrastructure facilities (referred to as inland clearance depot) means the investor or a person authorized or hired by the investor to manage the inland clearance depot operation.

Article 5.Contents of state management of inland clearance depots

1. Formulation, promulgation, and organization of the implementation, of legal documents on inland clearance depots; standards and technical regulations and techno-economic norms which are related to inland clearance depots.

2. Formulation, approval, and organization of the implementation, of inland clearance depot development master plans.

3. Improvement of policies and mechanisms to create a favorable and comfortable environment for inland clearance depot construction investment and operation.

4. Conclusion, accession to, and organization of the implementation of treaties concerning inland clearance depots in accordance with law.

5. Announcement of the opening and closure of inland clearance depots.

6. Organization of the management of inland clearance depot infrastructure construction investment and operation.

7. Organization of specialized state management of activities of people, vehicles and goods at inland clearance depots (goods inspection, performance of customs procedures, quarantine, environmental pollution prevention, fire and explosion prevention and fighting, etc.).

8. Inspection, examination, and handling of violations in accordance with law.

Article 6.State management responsibilities for inland clearance depots

1. The Ministry of Transport shall act as the focal point assisting the Government in performing the state management of inland clearance depots, coordinate inter-sectoral activities and guide the implementation of regulations relating to the operation of inland clearance depots.

2. The Ministry of Finance shall organize the state management of customs activities at inland clearance depots in accordance with law.

3. Ministries, sectors and provincial-level People’s Committees shall, within the ambit of their tasks and powers, organize the state management of activities at inland clearance depots.

Article 7.Locations and functions of inland clearance depots

1. Locations of inland clearance depots

a/ Inland clearance depots shall be formed based on economic development demands of regions with large volumes of containerized exports and imports (over 50,000 TEU/year) or in areas where are located international border gates with goods transshipment demand, and in areas where traffic congestion regularly occurs due to cargo transport vehicles (over 30,000 TEU/year);

b/ Inland clearance depot locations must satisfy the following conditions:

- Being conformable with the approved master plan on the inland clearance depot system;

- Being linked with major transport corridors (national and international transport axes) and connected to seaports that serve regional economic development;

- Having at least two modes of transport in order to facilitate organization of multimodal transport or being directly connected with a high-capacity transport mode;

- Being large enough for arrangement of working offices of concerned agencies and organizations and meeting long-term development demands;

- Satisfying the requirements of fire and explosion prevention and fighting, environmental pollution prevention and defense and security requirements as prescribed by law.

2. Functions of inland clearance depots

a/ To receive and deliver goods transported in containers;

b/ To load goods into, and unload goods from, containers;

c/ To transport containerized goods from inland clearance depots to seaports and vice versa;

d/ To inspect and complete the customs procedures for exports and imports;

dd/ To gather and divide goods of different owners in the same containers;

e/ To have warehouses and storing yards for temporary storage of exports and imports and empty containers;

g/ To repair and maintain containers;

h/ Other functions prescribed by law.

Article 8.Services at inland clearance depots

Depending on the sizes of inland clearance depots and management and operation capacity of inland clearance depot-operating enterprises, inland clearance depot services may include:

1. Transport support services:

a/ Loading and unloading service, including container loading and unloading and cargo loading and unloading;

b/ Warehousing service;

c/ Forwarding service;

d/ Transport agency service;

dd/ Customs procedure clearance service;

e/ Cargo tally service;

g/ Container-reinforcing, -repairing and -cleaning service;

h/ Other services prescribed by law.

2. Transport services:

a/ Road transport service;

b/ Railway transport service;

c/ Inland waterway transport service;

d/ Multimodal transport service;

dd/ Cargo transshipment service.

3. Cargo value-adding services: Package, separation, re-packing, classification, labeling, processing, assembly, inspection and other added-value services.

4. Other services prescribed by law.

Article 9.Inland clearance depot infrastructure facilities

1. Inland clearance depot infrastructure facilities include physical and technical foundations of inland clearance depots used for the performance of the depots’ functions and the provision of services at the depots, which must ensure the national standards and technical regulations and international integration.

2. Inland clearance depot infrastructure facilities include the following key facilities:

a/ The system of cargo warehouses and storing yards meeting the cargo throughput requirements according to the designed capacity of the inland clearance depot and satisfying prescribed technical requirements;

b/ Facilities to ensure security and order at the inland clearance depot and to control people, goods and vehicles entering and leaving the inland clearance depot, such as gates, fencing walls, screening equipment, surveillance, control, inspection and storing equipment of the customs;

c/ Parking lots for vehicles, cargo handling equipment and other vehicles operating at the inland clearance depot;

d/ Roads within the inland clearance depot and roads linking with the public transport system;

dd/ Railway stations or inland waterway ports and wharves;

e/ The office zone to accommodate operational houses and working offices of concerned agencies such as customs, quarantine, finance and banking as well as other infrastructure facilities (power supply system, water supply and drainage systems, communications, etc.).

Chapter II

MANAGEMENT OF INLAND CLEARANCE DEPOT CONSTRUCTION INVESTMENT AND OPERATION

Section 1

MANAGEMENT OF INLAND CLEARANCE DEPOT CONSTRUCTION INVESTMENT

Article 10.Inland clearance depot construction investment principles

1. Vietnamese organizations and individuals and foreigners investing in inland clearance depot construction shall comply with the approved inland clearance depot development master plans, investment and construction laws and other relevant laws.

2. Inland clearance depot infrastructure invested with state funds may be put up for operation lease under this Regulation and other relevant laws.

3. Enterprises operating international seaports or engaged in international sea shipping, international multimodal transport, railway transport, inland waterway transport, civil aviation and other fully capable enterprises are encouraged to invest in the construction and operation of inland clearance depots.

Article 11.Formulation, appraisal, approval and management of inland clearance depot master plans

1. The formulation, approval and implementation management of inland clearance depot master plans must comply with this Regulation and other relevant laws.

2. Responsibilities of the Ministry of Transport

a/ To formulate and submit to the Prime Minister for approval master plans on development of the inland clearance depot system or propose adjustments to approved master plans;

b/ To approve and adjust detailed plans on inland clearance depot development as prescribed;

c/ To publicize, guide and inspect the implementation of approved master plans and detailed plans.

3. Responsibilities of ministries and provincial-level People’s Committees

a/ To coordinate with the Ministry of Transport in organizing the management of the implementation of inland clearance depot master plans under this Regulation and other relevant laws;

b/ To ensure reserve land areas for inland clearance depot development under approved master plans.

Article 12.Detailed plans on inland clearance depot development

1. Inland clearance depot development detailed plans must be in line with the approved master plan on development of the inland clearance depot system.

2. An inland clearance depot development detailed plan aims to identify the inland clearance depot location and size, role and functions, modes of transport connection of the inland clearance depot with the national transport system, meeting the conditions for long-term operation and development of the inland clearance depot.

3. Contents of an inland clearance depot development detailed plan

a/ Location of the inland clearance depot;

b/ Role and functions of the inland clearance depot;

c/ Size of the inland clearance depot;

d/ Capacity of the inland clearance depot;

dd/ Plan on connection with transport and other technical infrastructures.

Article 13.Inland clearance depot construction detailed plans

On the basis of the approved inland clearance depot development detailed plan, the investor shall organize the elaboration of a detailed plan on construction of the inland clearance depot and submit it to competent authorities for approval in accordance with law.

Article 14.Inland clearance depot transport connection

1. Inland clearance depot transport connection must be associated with the capacity to organize the efficient operation and rational use of connected transportation modes.

2. The connection of inland clearance depots with transportation modes must comply with the law on management, protection, use and operation of infrastructure of such transportation modes.

Article 15.Inland clearance depot construction investment order and procedures

1. In the course of investment preparation, in addition to the observance of the law on construction investment, an investor shall send a dossier set (the original or certified copy) by post or submit it directly to the Ministry of Transport.

A dossier must comprise:

a/ A written proposal for investment in inland clearance depot construction, clearly stating the location, role, functions, size, capacity and modes of transport connection of the inland clearance depot;

b/ Explanations about the inland clearance depot construction investment project elaborated in accordance with the law on construction investment, specifying contents related to the inland clearance depot as prescribed at Point a, Clause 1 of this Article;

c/ A master drawing on the inland clearance depot location, connection modes and the temporary layout of the inland clearance depot ground.

2. The Ministry of Transport shall receive the dossiers and guide organizations and individuals to complete the dossiers which remain invalid according to regulations.

3. Within 7 working days after receiving valid dossiers as prescribed in Clause 1 of this Article, the Ministry of Transport shall approve in writing the inland clearance depot construction; in case of disapproval, it shall reply in writing and clearly state the reason.

4. Past 12 months after the Ministry of Transport issues a written approval of the inland clearance depot construction investment, if the inland clearance depot construction investment project is not implemented in accordance with the law on construction investment, the written approval will no longer be valid.

Section 2

ORDER AND PROCEDURES FOR ANNOUNCEMENT OF INLAND CLEARANCE DEPOT OPENING AND CLOSURE

Article 16.Conditions for announcement of inland clearance depot opening

1. The inland clearance depot infrastructure has been invested and constructed, pre-acceptance tested, and put to operation and use according to regulations.

2. The investor has a complete dossier as prescribed in Clause 1, Article 18 of this Regulation.

Article 17.Competence to announce inland clearance depot opening and closure

1. The Minister of Transport shall announce the opening and closure of inland clearance depots.

2. The Minister of Finance shall decide on the establishment and operation of customs clearance places at the opened inland clearance depots, and the termination of operation of the customs clearance places at the closed inland clearance depots in accordance with law.

Article 18.Order and procedures for announcing inland clearance depot opening

1. After the completion of inland clearance depot construction, the investor shall send a dossier by post or directly submit it to the Ministry of Transport. A dossier must comprise:

a/ A written request for announcement of inland clearance depot opening;

b/ A competent authority’s decision approving the inland clearance depot construction investment project as prescribed by law (the original or certified copy);

c/ Lawful papers on land use rights (certified copies);

d/ The written record of the pre-acceptance test and commissioning of depot facilities, enclosed with as-built drawings of inland clearance depot facilities (the original);

dd/ Papers certifying the full satisfaction of conditions on fire and explosion prevention and fighting and environmental pollution prevention, issued by competent agencies under regulations;

2. The Ministry of Transport shall receive the dossiers; if the dossiers are incomplete, it shall guide organizations and individuals to complete them.

3. Within 15 working days after receiving a complete and valid dossier as prescribed in Clause 1, Article 18 of this Regulation, the Ministry of Transport shall decide to announce the inland clearance depot opening; in case of disapproval, it shall reply in writing and clearly state the reason.

Article 19.Cases of inland clearance depot closure

1. For the reasons of defense, security or other special reasons.

2. Inland clearance depots no longer meet the prescribed operation conditions as assessed by state management agencies involved in the management of operation of inland clearance depots.

3. At the proposal of investors.

Article 20.Procedures for announcing inland clearance depot closure

1. The procedures for announcing the inland clearance depot closure prescribed in Clause 1, Article 19 of this Regulation:

a/ In case of emergency, the Ministry of Transport shall decide to close the inland clearance depot and report it to the Prime Minister;

b/ In other cases, within 5 working days after receiving a written request for announcement of inland clearance depot closure, the Ministry of Transport shall organize the collection of comments from related agencies on the inland clearance depot closure and announce the inland clearance depot closure; in case of disapproval, it shall clearly state the reason therefor in writing.

2. The procedures for announcing the inland clearance depot closure prescribed in Clause 2 or 3, Article 19 of this Regulation:

a/ The written request for inland clearance depot closure shall be submitted directly or sent by post to the Ministry of Transport;

b/ The Ministry of Transport shall receive the written request, examine its validity, issue a receipt and make an appointment for reply (if directly receiving the dossier);

c/ If the dossier is invalid, within one working day after receiving the written request, the Ministry of Transport shall guide the completion of the dossier as prescribed;

d/ Within 5 working days after receiving the written request, the Ministry of Transport shall organize the collection of comments from concerned agencies on the inland clearance depot closure and decide to announce the inland clearance depot closure and send the decision by post to the inland clearance depot closure requester or the latter shall come to directly receive the decision at the Ministry of Transport; in case of disapproval, it shall clearly state the reason in writing.

Section 3

MANAGEMENT OF INLAND CLEARANCE DEPOT OPERATION

Article 21.Inland clearance depot operation management principles

1. Inland clearance depot investors may decide on forms and plans of inland clearance depot infrastructure operation.

2. Inland clearance depot infrastructure invested with state funds may be put up for operating lease under this Regulation and other relevant laws.

3. Inland clearance depot-operating enterprises are entitled to conclude contracts with organizations and individuals on the provision of services at inland clearance depots in accordance with law.

Article 22.Management of operation of transport services connected with inland clearance depots

Inland clearance depot-operating enterprises shall organize by themselves the operation or sign contracts with organizations or individuals for provision of services on transport connected with inland clearance depots in accordance with law.

Article 23.Transport within inland clearance depot areas

1. The transport connection between inland clearance depots and outside areas must ensure synchronism, convenience and safety.

2. Internal transport within inland clearance depots must be convenient and safe for activities of people, vehicles and cargos entering and leaving the depots.

3. Separate inland clearance depot gates shall be arranged for road vehicles and railway vehicles.

4. In the inland clearance depot areas and their vicinities, signboards shall be conspicuously erected according to the technical regulations at cargo handling zones, necessary locations, places where fire and explosion prevention and fighting are kept, gates and other locations related to activities of people, vehicles, equipment and cargo handling.

Section 4

MANAGEMENT OF OPERATION OF INLAND CLEARANCE DEPOT INFRASTRUCTURE FINANCED WITH STATE INVESTMENT FUNDS

Article 24.Principles of inland clearance depot infrastructure operation management

Inland clearance depot infrastructure financed with state investment funds may be partially or wholly leased for operation. The selection of lessees to operate inland clearance depot infrastructure financed with state investment funds must comply with this Regulation and other regulations on bidding.

Article 25.Competence to decide on plans on operating lease of inland clearance depot infrastructure

Agencies deciding on the investment in the construction of inland clearance depots have competence to approve plans on operating lease and approve results of selection of lessees to operate inland clearance depot infrastructure.

Article 26.Plans on operating lease of inland clearance depot infrastructure

1. The lessors shall prepare plans on operating lease of inland clearance depot infrastructure. A plan must cover the following principal contents:

a/ Name of the leasing organization;

b/ List and technical properties of the leased assets;

c/ Value of the leased assets;

d/ The leasing duration;

dd/ The inland clearance depot infrastructure operating lease price to be submitted to a competent agency for decision;

e/ The leasing conditions;

g/ Capability to recover the invested fund;

h/ The rights, obligations and responsibilities of the lessee and the lessor;

i/ Form of selecting lessees;

k/ The contractual form;

l/ Time for organization of the selection of operation lessees.

2. For inland clearance depot infrastructure facilities under construction, before putting them to use, the lessor shall prepare a leasing plan and submit it to a competent agency for approval and comply with this Regulation.

Article 27.Inland clearance depot infrastructure operation lease prices

1. Inland clearance depot infrastructure operation lease prices must comply with the law on prices. The Minister of Finance shall decide on inland clearance depot infrastructure operation lease prices at the proposal of investors or agencies approving the plans on inland clearance depot infrastructure operating lease.

2. Inland clearance depot infrastructure operation lease prices shall be approved by agencies which have decided on the investment in such inland clearance depots, which must not be lower than the prices already decided by the Minister of Finance.

3. The inland clearance depot infrastructure operation lease price shall be determined on the following principal grounds:

a/ The fixed price, which is the price calculated based on the annual asset depreciation rate, loan payment and interest (if any), expenses for management of operation of leased inland clearance depot infrastructure and other expenses as prescribed. The inland clearance depot infrastructure-using duration for calculation of leasing prices must not exceed 30 years. The infrastructure operation lease price must not be lower than the fixed price;

b/ The changeable price, which is the price collected according to a percentage (%) of the annual revenue from the operation of the leased assets;

c/ The value of the leased assets;

d/ The technical properties of the leased assets;

dd/ The leasing conditions;

e/ The rights, obligations and responsibilities of the parties;

g/ Other necessary conditions.

4. The inland clearance depot infrastructure lessor shall submit to the agency which has decided on the investment in the inland clearance depot for consideration and approval the adjustment of the lease price in the following cases:

a/ Once every 5 years;

b/ The inflation rate in Vietnam exceeds 15% a year;

c/ Other circumstances proposed by the lessor or the lessee and approved by the investment-deciding agency.

Article 28.Conditions on selection of inland clearance depot infrastructure operation lessees

An inland clearance depot infrastructure operation lessee must satisfy the following conditions:

1. Having the legal person status prescribed by law.

2. Having experience in inland clearance depot operation management.

3. Having financial capability.

4. Having adequate staff for management of the operation of to-be-leased inland clearance depot infrastructure.

5. Having the most effective inland clearance depot infrastructure operation plan.

6. Offering the highest lease price which is not lower than the leasing price stated in the approved inland clearance depot infrastructure operation plan.

Article 29.Forms of selecting inland clearance depot infrastructure operation lessees

1. The lessee-selecting form, order and procedures must comply with this Regulation and relevant regulations on bidding.

2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with related agencies in, developing and promulgating forms of dossiers of bidding for operating lease of inland clearance depot infrastructure financed with state investment funds.

Article 30.Inland clearance depot infrastructure operation lease contract

1. A contract shall be made for theoperationlease of inland clearance depot infrastructure and agreed and signed by the two parties. An inland clearance depot infrastructureoperationlease contract shall be made on the basis of the approved lessee selection result and relevant laws.

2. A lease contract must contain the following principal contents:

a/ Name, address and account number of the lessor;

b/ Name, address and account number of the lessee;

c/ The leasing term;

d/ The leasing price and payment conditions and method;

dd/ Rights and obligations of the lessor and the lessee;

e/ List of the leased assets;

g/ Conditions for and order of modifying the leasing contract;

h/ Dispute settlement.

Article 31.Use of revenues from inland clearance depot infrastructure operation lease

1. Revenues from inland clearance depot infrastructure operation lease shall be used with priority for the following purposes:

a/ Maintenance and repair of inland clearance depot infrastructure being the leased assets, which the lessor is responsible for;

b/ Upgrading, improvement, expansion of inland clearance depot infrastructure;

c/ Investment in the construction of a new inland clearance depot;

d/ Spending on the formulation and implementation of lessee selection plans;

dd/ The lessor’s expenditures on management of the operation of inland clearance depot infrastructure;

e/ Other purposes and reasonable expenses.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, specifying the financial mechanism for collection, payment and use of revenues from the operation lease of inland clearance depot infrastructure financed with state investment funds.

Article 32.Sublease of inland clearance depot infrastructure

1. The lessees are entitled to partially sublease the leased inland clearance depot infrastructure to Vietnamese or foreign organizations and individuals under this Regulation and shall obtain the lessors’ written approval before effecting the sublease.

2. The sublease of inland clearance depot infrastructure shall be carried out under contracts.  An inland clearance depot infrastructure sublease contract must not be contrary to the contents of the leasing contract signed with the lessor.

3. The lessees must be fully accountable before the lessors for their sublease.

4. The inland clearance depot infrastructure sublessees shall manage the inland clearance depot operation in accordance with law and leasing contracts and may not further sublease such inland clearance depot infrastructure.

Article 33.Organization of management of inland clearance depot infrastructure operation

1. Agencies deciding on the investment in the construction of inland clearance depots shall organize the management of the operation of inland clearance depot infrastructure.

2. Agencies or organizations that are assigned to manage the operation of inland clearance depot infrastructure have the following functions, tasks and powers:

a/ To create mechanisms for management of the operation of inland clearance depot infrastructure and submit them to the investment-deciding agencies for approval and to organize the implementation thereof;

b/ To manage the state property and oversee the activities of operating the leased inland clearance depot infrastructure;

c/ To supervise the performance of leasing contracts;

d/ To organize regular and periodical inspections and supervision of inland clearance depot infrastructure operation to ensure the use of inland clearance depot infrastructure strictly according to their assigned functions and technical properties;

dd/ To organize the collection of inland clearance depot infrastructure operation rentals;

e/ To request the lessees to strictly observe the prescribed technical processes of operating, maintaining and using the inland clearance depot infrastructure and report any violations of the lessees to the investors for settlement;

g/ To coordinate with the operating parties in handling incidents which cause damage to the inland clearance depot infrastructure; to organize the supervision of repair and remedy of breakdowns in inland clearance depot infrastructure under their management;

h/ To promptly inform the specialized state management agencies when detecting that the infrastructure facilities connected with inland clearance depots fail to comply with the technical norms already approved by competent authorities;

i/ To receive and propose plans on design, construction, renovation, expansion, development upgrading of inland clearance depot infrastructure when so requested by the lessees or by the specialized state management agencies;

k/ To supervise the fire and explosion prevention and fighting, environmental sanitation, security and order as well as labor safety in the inland clearance depots;

l/ To review the inland clearance depot infrastructure operation; and periodically report it to the investors and state management agencies under regulations;

m/ To perform other assigned tasks.

Chapter III

MANAGEMENT OF OPERATION OF INLAND CLEARANCE DEPOTS AND POWERS AND RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS AT INLAND CLEARANCE DEPOTS

Section 1

MANAGEMENT OF OPERATION OF INLAND CLEARANCE DEPOTS

Article 34.Inland clearance depot internal regulations

1. Investors of, or enterprises managing the operation of, inland clearance depots shall base themselves on relevant laws, this Regulation and the special conditions of the inland clearance depots to issue the inland clearance depot internal regulations aiming to ensure the general operation efficiency, safety, security, fire and explosion prevention and fighting; to combat smuggling, trade fraud and tax evasion and to protect the environment in activities at the inland clearance depots.

2. Businesses and service providers operating at inland clearance depots shall abide by the inland clearance depot internal regulations.

Article 35.Provisions on cargo and vehicles at inland clearance depots

Cargo and vehicles as well as activities related to cargo and vehicles at inland clearance depots must comply with the inland clearance depot internal regulations and relevant laws.

Article 36.Provisions on assurance of security, order, safety, fire and explosion prevention and fighting and environmental pollution prevention at inland clearance depots

1. Inland clearance depot-operating enterprises and organizations and individuals operating at inland clearance depots shall fully comply with regulations on assurance of security, order, safety, fire and explosion prevention and fighting and environmental pollution prevention.

2. In the course of operation, if detecting signs of violation of the regulations on security, order, labor safety, environmental sanitation and fire and explosion prevention and fighting, related individuals and organizations shall notify them to competent agencies and inland clearance depot operators for handling.

3. Upon receiving the information on signs of violation as stated in Clause 2 of this Article, the inland clearance depot operation managers shall immediately suspend the depot operation activities for handling under regulations.

Section 2

POWERS AND RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS AT INLAND CLEARANCE DEPOTS

Article 37.Responsibilities and powers of inland clearance depot-operating enterprises

1. Responsibilities of inland clearance depot-operating enterprises:

a/ To run the operation of inland clearance depots under this Regulation and other relevant laws;

b/ To create conditions for specialized state management agencies to perform their tasks as prescribed by law;

c/ To coordinate with competent agencies in strictly enforcing the regulations related to people, cargos and vehicles entering and leaving the inland clearance depot areas;

d/ Preventing and stopping smuggling, trade fraud, tax evasion and other illegal acts;

dd/ Annually before December 20, to report to the Ministry of Transport and concerned provincial-level People’s Committees on the operation of inland clearance depot areas or makeextraordinary reports at the request of the Ministry of Transport or provincial-level People’s Committees;

e/ Upon the occurrence of natural disasters, fires, accidents or unexpected incidents, to assume the prime responsibility for resource mobilization, and coordinate with related agencies in organizing rescue of people, cargos and vehicles, eliminating and remedying incidents; and at the same time carry out legal procedures and apply necessary legal measures as prescribed by law.

2. Powers of inland clearance depot-operating enterprises

a/ To conclude contracts with organizations and individuals on the use of equipment and operation of infrastructure facilities in the inland clearance depot areas with specific conditions and duration in accordance with law;

b/ To terminate the concluded contracts or suspend activities in the inland clearance depot areas when having adequate evidence on violations committed by related organizations or individuals under this Regulation, or for the purpose of preventing in time threats to safety and security, environmental pollution or harms to community health;

c/ To propose competent agencies to settle problems arising in the course of management and operation of inland clearance depots.

Article 38.Responsibilities of specialized state management agencies at inland clearance depots

1. The specialized state management agencies at inland clearance depots, including customs, medical quarantine, animal quarantine, plant quarantine offices and other related functional agencies, have the responsibilities:

a/ To exercise the rights and perform the responsibilities of their respective ministries or sectors under law; not to cause harassment affecting routine activities of inland clearance depot-operating enterprises, vehicle and goods owners and other organizations and individuals operating in inland clearance depot areas;

b/ Depending on the practical demands, to arrange permanent or non-permanent staffs in the inland clearance depot areas to ensure the performance of export, import and transit procedures and medical quarantine and in other areas for cargo transiting the inland clearance depot areas in a quick, timely and appropriate manner.

2. Related ministries and sectors shall, based on their functions, tasks and powers, direct their attached agencies or organizations to implement this Regulation.

Article 39.Coordination among specialized state management agencies at inland clearance depots

1. The specialized state management agencies at inland clearance depots shall closely coordinate with one another in performing their tasks, aiming to facilitate activities of inland clearance depot-operating enterprises, vehicles owners, goods owners and other related organizations and individuals, ensuring safety and efficiency of activities at the depots.

2. Arising problems related to the functions and tasks of other specialized state management agencies shall be discussed for timely solution. If arising problems go beyond the handling jurisdiction of any specialized state management agency, such agency shall promptly report them to its superior management agency for prompt settlement; when necessary, the related ministries or sectors shall coordinate with the Ministry of Transport for settlement within 4 hours after the receipt of reports and notify the handling decisions to related agencies, organizations and individuals.

3. In the course of their performance, the specialized state management agencies shall coordinate with other related agencies and organizations in the areas for strict observance of regulations on activities at inland clearance depots.

Article 40.Organization of implementation

1. The Ministry of Transport shall assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, publicizing, guiding and implementing this Regulation. Should problems arise in the course of implementation which go beyond its jurisdiction, the Ministry of Transport shall coordinate with related agencies in reporting them to the Prime Minister for consideration and decision.

2. Investors of customs clearance places for exports and imports who also provide services falling under the functions of inland clearance depots, shall, within five years after this Regulation takes effect, fully supplement conditions and carry out procedures for announcing their places to be inland clearance depots under this Regulation. Beyond that time limit, if they fail to fully satisfy the conditions required for inland clearance depots, they shall stop providing the services falling under the functions of inland clearance depots.

3. Based on the investors’ requests for announcement of inland clearance depot opening for the customs clearance places prescribed in Clause 1 of this Article, the Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Finance and related agencies in, organizing the examination and assessment of specific conditions of the customs clearance places in order to decide on the announcement of inland clearance depot opening under this Regulation.

4. The Ministry of Finance shall scrutinize and improve the mechanisms for management of operation of customs clearance places in order to ensure that such places are rationally arranged according to the practical conditions and convenient for goods export and import activities of enterprises.

5. The Ministry of Transport shall assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, reviewing and assessing the results of five years’ implementation of this Regulation, make proposals to improve the legal framework on inland clearance depots and report them to the Prime Minister.-

Prime Minister
NGUYEN TAN DUNG