Decision No. 770/2001/QD-TCHQ dated August 21, 2001 of the General Department of Customs of the General Director of customs promulgating the provisional regulations on customs procedures for containerised goods transshipment through Ben Nghe, Sai Gon and Hai Phong ports

DECISION

OF THE GENERAL DIRECTOR OF CUSTOMS PROMULGATING THE PROVISIONAL REGULATIONS ON CUSTOMS PROCEDURES FOR CONTAINERISED GOODS TRANSSHIPMENT THROUGH BEN NGHE, SAI GON AND HAI PHONG PORTS

THE GENERAL DIRECTOR OF CUSTOMS

Pursuant to the Customs Ordinance of February 20, 1990;

Pursuant to Official Letter No. 424/CP-CN of May 21, 2001 and Official Letter No. 3301/VPCP-CN of July 26, 2001 of the Government Office on permitting Ben Nghe, Sai Gon and Hai Phong ports to provide pilot container transshipment services;

At the proposal of the Director of the Department of customs management and supervision,

DECIDES:

Article 1: To issue together with this Decision (the Provisional regulations on Customs procedures for containerised goods transshipment through Ben Nghe, Sai Gon and Hai Phongports)

Article 2: This Decision takes effect 15 days after its signing date

Article 3: The Heads of units attached to the General Department of Customs, the Directors of the Customs Departments of Ho Chi Minh, Hai Phong cities and concerned enterprises shall have to implement this Decision

THE PROVISIONAL REGULATIONS

ON CUSTOMS PROCEDURES FOR CONTAINERISED GOODS TRANSSHIPMENT THROUGH BEN NGHE, SAI GON AND HAI PHONG PORTS
(Issued together with this Decision No.770/2001/QD-TTHQ of the General Director of Customs)

I. GENERALPROVISIONS

1. This regulations shall apply to goods transshipped in containers (Hereinafter referred to as transshipment goods, through Ben Nghe port, Saigon port and Hai Phong port (Hereinafter referred to as transshipment ports).

2. Not allow to transship goods, which are banned from transshipment under the provisions of the Ministry of Trade. Transshipment goods shall not be subject to licensing, tariffs or other taxes imported on exports and imports.

3. Transshipment goods must be containerized and sealed by the shipping firm. Transshipment goods must be clearly prescribed in shipping documents, particularly, the Cargo Manifest shall have to clearly state: "Containers are transshipped thorough Ben Nghe port, or Saigon port, or Hai Phong port"

4. Transshipment goods at the transshipment ports must be maintained in the status quo and stowaged in a scientific way in accordance with the customs requirements for checking and supervising.

5. Transshipment ports, transshipment goods that coming in or going out or storing at the transshipment ports shall be subject to supervision by the customs bodies.

6. In case of breakage of container and the goods therein are damaged, the customs bodies shall settle in accordance with Article 10 of Decision No. 815/2001/QD-BTM dated August 01, 2001 of the Ministry of Trade.

7. Periodically once a month, enterprises engaging in the transshipment port (Hereinafter referred to as port enterprises) shall report to the customs bodies on the situation on transshipment goods, conditions and quantity of outstanding goods at the transshipment ports.

II. PROVISIONS ON CUSTOMS PROCEDURES

1. Procedures for sending transshipment goods to transshipments ports.

1.1. Responsibilities of ports enterprises

Sending goods to transshipment ports, port enterprises shall have to carry out customs procedures and hand in to customs bodies the following documents:

- The customs declaration (HQ8C): 02 copies.

- The Cargo manifest. The cargo manifest shall have to clearly state: shipping port, number and mark of container, name of goods, address of shipper and consigned: 01 copy

- The license for transshipment if required to the goods.

1.2. Responsibilities of customs bodies:

- To register customs declarations:

- To supervise the discharge of goods: from the ship to the transshipment port, storing in the transshipment ports, shipping abroad.

- To inspect the seal and lead seal of container, to compare the number and mark of container with that in the customs declaration and the cargo manifest. In case where the seal is not kept intact, the customs bodies, the agents of the shipping firms and the port enterprises shall make the report, therefor the customs bodies, the agents of shipping firms shall re-seal the containers. If there are differences between the cargo manifest and other information (number, mark...) on the containers. The agents of shipping firms shall have to a mend, supplement them and be responsible before law for these amendments and supplements.

- To authenticate the customs declarations, return 01 declaration to the port enterprises, the customs body shall keep for 01 declaration file and 01 cargo manifest.

2. Procedures for sending abroad transshipment goods from transshipment ports.

2.1. Responsibilities of port enterprises:

Sending abroad transshipment goods from transshipment ports, the port enterprises shall have to carry out customs procedures and hand in to the customs bodies the following documents:

- The custom declaration (HQ8C): 02 copies

- After the ship has gone, hand in to the customs body 01 copy of the cargo manifest.

2.2. Responsibilities of customs bodies:

- To register customs declarations

- To compare the declared contents with the number, mark of the container, supervise the loading transshipment goods to the ship until the ship has departured.

- To authenticate the customs declarations, return to the port enterprise 01 customs declaration, the customs body shall keep for file 01 declaration and 01 cargo manifest.

- To determine the quantity of outstanding transshipment goods at the transshipment ports.

III. HANDLING OF VIOLATIONS

Organizations, individuals violating the Regulations and other concerned law provisions, depending on the nature and extend of violation, shall be handled according to the Vietnamese law.

IV. IMPLEMENTATION PROVISIONS

After one year of implementation, the General Department of Customs shall preliminarily sum-up and evaluate the implementation of the provisional regulations in order to issue the formal regulations.