THEGOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 67/2020/ND-CP | | Hanoi, June 15, 2020 |
DECREE
Amending and supplementing a number of articles of the Government’s Decree No. 68/2016/ND-CP of July 1, 2016, prescribing conditions on trading of duty-free goods, operation of warehouses, storing yards, and places for customs clearance, goods gathering and customs inspection and supervision[1]
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 23, 2014 Customs Law;
Pursuant to the November 26, 2014 Law on Investment;
Pursuant to the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Sectors and Trades Subject to Conditional Business Investment of the Law on Investment;
At the proposal of the Minister of Finance;
The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 68/2016/ND-CP of July 1, 2016, prescribing conditions on trading of duty-free goods, operation of warehouses, storing yards, and places for customs clearance, goods gathering and customs inspection and supervision.
Article 1.Toamend and supplement a number of articles of the Government’s Decree No. 68/2016/ND-CP of July 1, 2016, prescribing conditions on trading of duty-free goods, operation of warehouses, storing yards, and places for customs clearance, goods gathering and customs inspection and supervision
1. To add the following Clauses 8, 9 and 10 to Article 3 as follows:
“8. A place for concentrated gathering, inspection and supervision of goods sent by post or via express mail service means an area for gathering, inspection and supervision of mails and parcels and bales of imports and exports sent via postal services provided by postal enterprises and express delivery enterprises.
9. Specialized bonded warehouse means a bonded warehouse defined in the Customs Law that is used to store and preserve one or more than one category of goods with special preservation requirements such as liquids, chemicals, frozen goods or goods that must be stored and preserved under certain temperature, light and environmental conditions.
10. Bonded storing yard means a yard for gathering and storing bulk cargoes and/or oversized or overweight cargoes without roof.”
2. To amend and supplement Point d, Clause 1, and Clauses 2 and 3, Article 4 as follows:
“1. Location of a duty-free shop.
d/ A duty-free goods warehouse shall be located in the same place with a duty-free shop or in an isolation area or a restricted area or a border-gate area or in a customs operation area outside a border gate specified in Article 8 of the Government’s Decree No. 01/2015/ND-CP of January 2, 2015, and Clause 3, Article 1 of the Government’s Decree No. 12/2018/ND-CP of January 23, 2018, amending and supplementing a number of articles the Government’s Decree No. 01/2015/ND-CP of January 2, 2015, detailing scope of customs operation areas; and responsibility for coordination in prevention and control of smuggling and illegal cross-border transportation of goods.
2. Having a computer software satisfying management requirements for online back-up and export of data on names, categories, quantity and actual state of goods to customs offices, the time of bringing goods into or out of or storing goods in, a duty-free shop or duty-free goods warehouse as stated in customs declarations and by goods buyers for management under the automatic goods management and supervision system.
3. Being fitted with a CCTV system connected via network with the managing customs office that can check all positions in duty-free goods warehouses and shops and goods-receiving counters in the isolation area around the clock; and archive surveillance footages for at least 6 months.”
3. To amend and supplement Article 5 as follows:
“Article 5. A dossier of application for certificate of eligibility for duty-free goods trading
1. An original application for certificate of eligibility for duty-free goods trading, made according to Form No. 01 provided in the Appendix to this Decree.
2. A photocopy of the enterprise registration certificate or investment registration certificate or another document specified in Clause 4, Article 81 of the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on enterprise registration.
3. A photocopy of the design plan of location of the duty-free shop and warehouse, and positions of installation of the CCTV system.
4. A photocopy of the certificate of satisfaction of fire prevention and fighting conditions, granted by a public security division (except those located in areas recognized as having satisfied fire prevention and fighting conditions).”
4. To amend and supplement Clauses 1, 2 and 3, Article 7 as follows:
“1. Cases of duty-free goods trading suspension:
a/ Suspension as requested by the enterprise;
b/ Suspension due to failure to trade in duty-free goods for 6 consecutive months.
2. Order and procedures for duty-free goods trading suspension
a/ In case of duty-free goods trading suspension at the enterprise’s request
a.1/ The enterprise shall send an original request, made according to Form No. 01 provided in the Appendix to this Decree, to the provincial-level Customs Department managing its duty-free goods trading;
a.2/ Within 3 working days after receiving the request for duty-free goods trading suspension, the provincial-level Customs Department shall issue a notice of duty-free goods trading suspension;
a.3/ Within 5 working days after issuing a notice of duty-free goods trading suspension, the provincial-level Customs Department shall inspect and make a minutes to certify goods inventory at the duty-free shop and warehouse according to Form No. 04 provided in the Appendix to this Decree;
a.4/ During the period of duty-free goods trading suspension, in case the time limit for storing goods in Vietnam expires, the enterprise shall carry out procedures for extension of storage period, re-export, re-import or transfer for domestic sale under Article 18 of the Government’s Decree No. 167/2016/ND-CP of December 27, 2016 on duty-free trading (below referred to as Decree No. 167/2016/ND-CP).
b/ In case of duty-free goods trading suspension due to failure to trade in duty-free goods for 6 consecutive months
b.1/ Within 3 working days after the time limit prescribed at Point b, Clause 1 of this Article expires, the Customs Branch managing duty-free goods trading shall report to the provincial-level Customs Department on duty-free goods trading suspension of the enterprise;
b.2/ Within 3 working days after receiving a report of the Customs Branch, the provincial-level Customs Department shall issue a notice of duty-free goods trading suspension; inspect and certify goods inventory at the duty-free shop and warehouse under Point a.3 of this Clause;
b.3/ During the period of duty-free goods trading suspension, in case the time limit for storing goods in Vietnam expires, the enterprise shall carry out the procedures specified at Point a.4 of this Clause.
3. During the period of duty-free goods trading suspension, the customs office shall supervise goods inventory at the duty-free shop and warehouse. The duty-free goods trader shall keep intact actual state of goods in the duty-free shop and warehouse. In case of broken, damaged, deteriorated, poor-quality or expired goods, Clause 8, Article 6 and Clause 1, Article 19 of Decree No. 167/2016/ND-CP must be complied with.”
5. To amend and supplement Point dd, Clause 1, and Clause 2, Article 8 as follows:
“1. Cases of revocation of a certificate of eligibility for duty-free goods trading:
dd/ The period of trading suspension specified in Clause 5, Article 7 of this Decree expires but the duty-free goods trader fails to send a notice of trading resumption, made according to Form No. 02 provided in the Appendix to this Decree, to the provincial-level Customs Department that has issued the notice of duty-free goods trading suspension.
2. Procedures for revocation of a certificate of eligibility for duty-free goods trading
a/ The enterprise shall send a written request for termination of duty-free goods trading to the Customs Department managing the duty-free goods trading.
b/ Within 5 working days after receiving the enterprise’s request or detecting a violation specified at Points b, c, d and dd, Clause 1 of this Article committed by the enterprise, the provincial-level Customs Department shall issue a notice of duty-free goods trading termination, made according to Form No. 05 provided in the Appendix to this Decree;
c/ Responsibilities of a duty-free goods trader after receiving a notice of termination from the provincial-level Customs Department:
c.1/ To make an account finalization report on duty-free goods trading for the period from the end of the preceding fiscal year to the date of termination notification under Articles 21 and 22 of Decree No. 167/2016/ND-CP, and a plan on handling of goods inventory at the duty-free shop and warehouse, except the case specified at Point b, Clause 1 of this Article; to send the account finalization report and plan on handling of goods inventory at the duty-free shop and warehouse to the Customs Branch managing the duty-free shop and warehouse within 15 days after receiving the notice of termination from the provincial-level Customs Department;
c.2/ To carry out procedures for re-export, re-import or transfer for domestic sale for goods inventory at the duty-free shop and warehouse within 30 days after the customs office completes checking the account finalization report. In case it is necessary to extend such time limit, the enterprise shall send a written request for time limit extension to the Customs Branch managing the duty-free shop and warehouse, and the time limit may be extended for no more than 30 days. In case of broken, damaged, deteriorated, poor-quality or expired goods, Clause 8, Article 6 and Clause 1, Article 19 of Decree No. 167/2016/ND-CP must be complied with.
d/ Responsibilities of Customs Branches managing duty-free shops and warehouses
d.1/ To receive and check account finalization reports under Clauses 6, 8, 9 and 10, Article 21 of Decree No. 167/2016/ND-CP;
d.2/ To receive and check customs dossiers, physically inspect goods, and grant customs clearance for the enterprise’s re-imported or re-exported goods or goods transferred for domestic sale in accordance with the customs law;
d.3/ To extend the time limit for completion of procedures for re-export, re-import or transfer for domestic sale for goods inventory at the duty-free shop and warehouse within 3 working days after receiving the enterprise’s written request for time limit extension and handle broken, damaged, deteriorated, poor-quality or expired goods of such enterprise, for the case specified at Point c.2, Clause 2 of this Article;
d.4/ Within 3 working after completing the handling of goods inventory at the duty-free shop and warehouse, to report the provincial-level Customs Department on process and results of handling of goods and propose duty-free shop and warehouse operation termination.
dd/ Responsibility of a provincial-level Customs Department
Within 3 working days after receiving a report of a Customs Branch managing the duty-free shop and warehouse prescribed at Point d of this Clause, to report the General Director of Customs for issuance of a decision to revoke the certificate of eligibility for duty-free goods trading.
e/ Responsibility of the General Department of Customs
Within 5 working days after receiving a report of a provincial-level Customs Department, the General Department of Customs shall issue a decision to revoke the certificate of eligibility for duty-free goods trading.”
6. To amend and supplement Article 10 as follows:
“Article 10. Conditions on recognition of a bonded warehouse
1. An area requested to be recognized as a bonded warehouse or bonded storing yard must be that specified in Clause 1, Article 62 of the Customs Law or in a border-gate economic zone or approved by a competent agency under the master plan on development of the logistics center system.
2. Bonded warehouses and storing yards must be separated from surrounding areas by fences and subject to regular customs inspection and supervision, except warehouses located in border-gate or port areas with fences separating them from surrounding areas.
3. Area
a/ A bonded warehouse located in a seaport or an inland waterway port, inland clearance depot, international airport or international railway station must have a warehousing area of at least 1,000 m2;
b/ A special-use bonded warehouse must have a warehousing area of at least 1,000 m2or a warehousing space of at least 1,000 m3;
c/ A bonded warehouse located in an industrial park must have a land area of at least 4,000 m2(including warehouses, storing yards and supporting facilities), of which the warehousing area must be at least 1,000 m2;
d/ A bonded warehouse other than those specified at Points a, b and c of this Clause must have a land area of at least 5,000 m2(including warehouses, storing yards and supporting facilities), of which the warehousing area must be at least 1,000 m2;
dd/ A bonded storing yard must be at least 10,000 m2large and is not required to have a warehouse.
4. Having a computer software satisfying management requirements for online back-up and export of data on names, types, quantity and actual state of goods, the time of bringing goods into or out of or storing goods in the bonded warehouse stated in customs declarations for management under the automatic goods management and supervision system.
5. Being fitted with a CCTV system connected online with the managing customs office that can check all positions in the bonded warehouse and bonded storing yard (including gates, doors and inside space of the warehouse and storing yard; particularly for a bonded warehouse storing frozen goods, such a system is not required to be installed in the warehouse) around the clock; and archive surveillance footages for at least 6 months.”
7. To amend and supplement Article 11 as follows:
“Article 11. Dossier for recognition of a bonded warehouse
1. An original request for recognition, made according to Form No. 01 provided in the Appendix to this Decree.
2. A photocopy of the enterprise registration certificate or investment registration certificate or another document specified in Clause 4, Article 81 of the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on enterprise registration.
3. A photocopy of design plans of warehouses and storing yards, clearly indicating their boundaries, locations of warehouses, installation of the CCTV system, internal roads for goods transportation, security guards, office of the bonded warehouse, and working place of the customs office.
4. A photocopy of the certificate of satisfaction of fire prevention and fighting conditions, granted by a public security division.”
8. To amend and supplement Clauses 1, 2, 3 and 6, Article 14 as follows:
“1. Cases of bonded warehouse operation suspension
a/ Suspension as requested by enterprises;
b/ Suspension due to failure to bring goods into or out of bonded warehouses for 6 consecutive months.
2. The General Director of Customs shall issue decisions on bonded warehouse operation suspension.
3. Order and procedures for operation suspension
a/ In case of suspension as requested by enterprises
An enterprise shall send a written request for operation suspension, made according to Form No. 1 provided in the Appendix to this Decree, to the Customs Department managing the bonded warehouse.
Within 5 working days after receiving the enterprise’s written request for bonded warehouse operation suspension, the Customs Department shall check and make a minutes to certify goods inventory at the warehouse with the warehouse owner according to Form No. 4 provided in the Appendix to this Decree, and report it to the General Director of Customs.
The General Director of Customs shall issue a decision on bonded warehouse operation suspension within 5 working days after receiving the Customs Department’s report. The period of operation suspension must not exceed 6 months.
b/ In case of bonded warehouse operation suspension due to failure to bring goods into or out of bonded warehouses for 6 consecutive months
Within 3 working days from the expiration of the time limit prescribed at Point b, Clause 1 of this Article, the Customs Branch managing the bonded warehouse shall report to the Customs Department on bonded warehouse operation suspension.
Within 3 working days after receiving a report from the Customs Branch managing the bonded warehouse, the Customs Department shall check and make a minutes to certify goods inventory at the warehouse with the warehouse owner according to Form No. 4 provided in the Appendix to this Decree and report to the General Director of Customs for decision on bonded warehouse operation suspension under Point a of this Clause.
6. During a period of operation suspension, if an enterprise wishes to resume its business operation, it shall send to the provincial-level Customs Department a notice made according to Form No.2 provided in the Appendix to this Decree.
Within 5 days after receiving the enterprise’s written request, the provincial-level Customs Department shall inspect operating conditions and state of goods inventory in the warehouse, and make a written certification according to Form No. 4 provided in the Appendix to this Decree and report it to the General Director of Customs. Within 5 working days after receiving the provincial-level Customs Department’s report, the General Director of Customs shall issue a decision on resumption of operation of bonded warehouse to the enterprise. ”.
9. To amend and supplement Clauses 4, 5 and 6, Article 19 as follows:
“4. Having a software meeting requirements of managing, storing and exporting data regarding names, quantity and state of goods and time of bringing goods into or out of or storing goods in container freight stations specified in bills of lading and/or customs declarations that is connected via network with customs offices for management under the automatic customs management and supervision system.
5. Being fitted with a CCTV system meeting requirements of connection via network with the managing customs office that can check all positions in container freight stations around the clock and archive surveillance footages for at least 6 months.
6. For container freight stations located in seaports and dry ports
a/ If container freight station traders are port traders, they are not required to carry out procedures for container freight station recognition prescribed in this Decree, but shall apply for container freight station codes in order to carry out procedures for goods to be brought into or out of container freight stations before these stations are put into operation.
A port trader shall send an application to the provincial-level Customs Department for container freight station code, made according to Form No. 3 provided in the Appendix to this Decree (1 original). Within 5 working days after receiving the enterprise’s application, the provincial-level Customs Department shall complete physical inspection of container freight station location and report to the General Department of Customs on issuance of container freight station code. Within 5 working days after receiving the provincial-level Customs Department’s report, the General Department of Customs shall issue a code and notify it to the enterprise and provincial-level Customs Department.
b/ If container freight station traders are not port traders, they are required to carry out procedures for container freight station recognition as prescribed in Clauses 1, 2, 3, 4 and 5, Article 19, and Article 20 of this Decree.”.
10. To amend and supplement Article 20 as follows:
“Article 20. A dossier of request for container freight station recognition
1. An original request for recognition, made according to Form No. 1 provided in the Appendix to this Decree.
2. A photocopy of the business registration certificate or investment registration certificate or another document specified in Clause 4, Article 81 of the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on business registration.
3. A photocopy of the design plan of the container freight station, clearly indicating its boundaries, locations of goods warehouses, positions of installing the CCTV system, internal roads for goods transportation, security guards, container freight station office, and working place of the customs office.
4. A photocopy of the certificate of satisfaction of fire prevention and fighting conditions granted by a public security division.
11. To amend and supplement Article 22 as follows:
“Article 22. Conditions for inspection and supervision of petrol and oil depots
1. Having a software meeting requirements of managing, storing and exporting data regarding names, categories, origin, quantity of goods and time of bringing goods into or out of or storing goods in cisterns and tanks in the petrol and oil depots specified in customs declarations that is connected via network with customs offices for operating the automatic customs management and supervision system.
This provision does not apply to military petrol and oil depots that store goods for trading in the same location with goods for national defense purposes.
2. Having level-measuring instruments in cisterns and tanks that are automatically connected online with customs offices regarding volume of exported, imported and in-stock petrol and oil.
For military petrol and oil depots, only via-network connection with managing units specified by the Ministry of Defense is made.
3. Being fitted with a CCTV system meeting requirements of online connection with customs offices that can check all positions in the warehouse around the clock, supervise all activities of transporting goods into and out of and vehicles entering and leaving petrol and oil deports, and archive surveillance footages for at least 6 months.
For petrol and oil depots with offshore pipelines making it impossible to install CCTV systems in mooring buoy areas far from the shore, bonded warehouse traders shall ensure working conditions for customs officers in charge of direct supervision.
This provision does not apply to military petrol and oil depots that store goods for trading in the same location with goods for national defense purposes.”
12. To amend and supplement Article 23 as follows:
“Article 23. A dossier of request for certification of eligibility for customs inspection and supervision
A petrol and oil principal trader or petrol and oil service provider specified in the Government’s Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading, shall submit 1 dossier of request for certification of petrol and oil depot’s eligibility for customs inspection and supervision which must comprise:
1. An original request for certification of eligibility for customs inspection and supervision, made according to Form No. 1 provided in the Appendix to this Decree.
2. A photocopy of the design plan of the petrol and oil depot, clearly indicating its boundaries and locations of warehouses, cisterns and tanks, and positions of CCTV cameras.
3. A photocopy of the certificate of satisfaction of fire prevention and fighting conditions, granted by a public security division.”.
13. To amend and supplement Clauses 2, 5 and 6, Article 25 as follows:
“2. An off-airport freight terminal for storing airborne imports and exports transported via Noi Bai International Airport and Tan Son Nhat International Airport must have a minimum land area of 5,000 m2(including warehouses, storing yards and supporting facilities) of which the warehousing area must be at least 2,000 m2. For remaining international airports and domestic airports eligible for exploiting international flights, an off-airport freight terminal must have a minimum land area of 2,000 m2(including warehouses, storing yards and supporting facilities) of which the warehousing area must be at least 1,000 m2. Warehouses and storing yards must be separated from surrounding areas by fences with separate areas for storing imports and exports.
Off-airport freight terminals that are established and recognized as being eligible for gathering goods and customs inspection and supervision before the effective date of this Decree may continue their operation under recognition decisions.
5. Having a software meeting requirements of managing, storing and exporting data regarding names, quantity and state of goods and time of bringing goods into or out of or storing goods in cisterns and tanks in off-airport freight terminals specified in bills of lading and/or customs declarations that is connected via network with customs offices for management under the automatic customs management and supervision system.
6. Being fitted with a CCTV system that can be connected via network with managing customs offices, check all positions in off-airport freight terminals around the clock, and store surveillance footages for at least 6 months.”.
14. To amend and supplement Article 26 as follows:
“Article 26. A dossier of request for off-airport freight terminal recognition
1. One original request for recognition, made according to Form No. 1 provided in the Appendix to this Decree.
2. One photocopy of the business registration certificate or investment certificate or another document specified in Clause 4, Article 81 of the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on business registration.
3. One photocopy of the design plan of the off-airport freight terminal, clearly indicating its boundaries, locations of warehouses, positions of CCTV cameras, internal roads for goods transportation, security guards, off-airport freight terminal office, and working place of the customs office.
4. One photocopy of the certificate of satisfaction of fire prevention and fighting conditions granted by a public security agency.”.
15. To amend and supplement Article 31 as follows:
“Article 31. Conditions for recognition of customs clearance places at inland container depots
1. A customs clearance place at an inland container depot must have a land area of at least 50,000 m2. Particularly, a customs clearance place at an inland container depot located within an industrial park must have a land area of at least 20,000 m2.
2. Having a software meeting requirements of managing, storing and exporting data regarding names, quantity and state of goods and time of bringing goods into or out of or storing goods in cisterns and tanks in customs clearance places specified in bills of lading and/or customs declarations that is connected via network with customs offices for management under the automatic customs management and supervision system.
3. Being fitted with a CCTV system that can be connected via network with managing customs offices, check all positions in customs clearance places around the clock, and store surveillance footages for at least 6 months.”.
16. To amend and supplement Article 32 as follows:
“Article 32. A dossier for recognition of a customs clearance place at an inland container depot
1. One original request for recognition, made according to Form No. 1 provided in the Appendix to this Decree.
2. One photocopy of the enterprise registration certificate or investment certificate or another document specified in Clause 4, Article 81 of the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on business registration.
3. One photocopy of the design plan of the customs clearance place at the inland container depot, showing its boundaries, locations of goods warehouses, positions of CCTV cameras, places for gathering imports and exports, place for parking container trucks, place for physical inspection, security guards, warehouse office, and working place of the customs office.
4. One photocopy of the decision to announce the opening of the inland container depot, issued by the Minister of Transport.
5. One photocopy of the certificate of satisfaction of fire prevention and fighting conditions, granted by a public security agency.”.
17. To add the following Point e to Clause 1, Article 35:
“e. The Minister of Transport shall issue decisions on closure of inland container depots.”
18. To amend and supplement Article 36 as follows:
“Article 36.Conditions for recognition of a place for gathering, inspection and supervision of imports and exports; a place for gathering, inspection and supervision of imports and exports in a border area; or a place for gathering, concentrated inspection and supervision of goods sent by post or via express mail services
1. Location:
a/ A place for gathering, concentrated inspection and supervision of imports and exports must be located at a border gate or in an industrial park, a hi-tech zone, a border-gate economic zone or an area approved by a competent agency under the master plan on development of the logistics center system.
b/ A place for gathering, concentrated inspection and supervision of goods sent by post or via express mail services must be included in the master plan on an international airport in accordance with law or in an international road or railway border gate or an area approved by a competent agency under the master plan on development of the logistics center system, except places operated only by enterprises designated in accordance with the Law on Post.
c/ A place for gathering, inspection and supervision of imports and exports in a border area must be located in a border-gate economic zone or land border-gate zone. If such a place is located outside a border-gate economic zone, it must be within a radius of 10 km from the border-gate area.
2. Area:
a/ A place for gathering, concentrated inspection and supervision of imports and exports must have a land area of at least 10,000 m2;
b/ A place for gathering, concentrated inspection and supervision of goods sent by post or via express mail services:
b.1/ A place located in an international road or railway border gate must have a land area of at least 1,000 m2;
b.2/ A place located in an area approved by a competent agency under the master plan on development of the logistics center system must have a land area of at least 5,000 m2;
b.3/ A place included in the master plan on an international airport with at least 2 enterprises providing postal or express mail services must have a land area of at least 5,000 m2. In case such a place has only 1 enterprise providing postal or express mail services, it must have a land area of at least 2,000 m2;
b.4/ A place operated only by an enterprise designated in accordance with the Law on Post must have a land area of at least 500 m2and a total usable floor area of at least 1,000 m2.
c/ A place for gathering, inspection and supervision of imports and exports in a border area at an international border gate or a main border gate must have a land area of at least 5,000 m2. For a place for gathering, inspection and supervision of imports and exports in a border area in another locality, the minimum land area must be 3,000 m2.
3. Physical foundations and equipment:
a/ A place shall be separated from surrounding areas by fences to meet customs inspection and supervision requirements, except those located in border-gate areas or ports having fences isolating them from surrounding areas;
b/ A place must have a computer software meeting requirements of managing, storing and exporting data regarding names, quantity and state of goods and time of bringing goods into or out of or storing goods in container freight stations specified in bills of lading and/or customs declarations that is connected via network with customs offices for management under the automatic customs management and supervision system;
c/ A place must be fitted with a CCTV system that can be connected via network with managing customs offices, check all positions in the place around the clock, and store surveillance footages for at least 6 months;
d/ For a place for gathering, inspection and supervision of goods sent by post or via express mail services: The enterprise providing postal services or trading in express mail services and renting warehouses in locations recognized in accordance with law may use software of the leasing enterprise or equip its own software under regulations.”
19. To amend and supplement Article 37 as follows:
“Article 37. Dossier and procedures for recognition of a place for gathering, concentrated inspection and supervision of imports and exports; a place for gathering, inspection and supervision of imports and exports in a border area; or a place for gathering, concentrated inspection and supervision of goods sent by post or via express mail services
1. A dossier for recognition must comprise:
a/ One original written request for recognition, made according to Form No. 1 provided in the Appendix to this Decree;
b/ One photocopy of the enterprise registration certificate or investment certificate or another document specified in Clause 4, Article 81 of the Government’s Decree No. 78/2015/ND-CP of September 14, 2016, on enterprise registration;
c/ One photocopy of the design plan of the place for gathering, concentrated inspection and supervision of imports and exports or the place for gathering, concentrated inspection and supervision of goods sent via express mail services or by post or the place for gathering, inspection and supervision of imports and exports in a border area, showing its boundaries, locations of goods warehouses, positions of CCTV cameras, place for gathering imports, place for gathering exports, place for parking vehicles, place for physical inspection, security guards, warehouse office, and working place of the customs office;
d/ One copy of the certificate of satisfaction of fire prevention and fighting conditions, granted by a public security agency;
dd/ One photocopy of the international airport master plan or the master plan on development of the logistics center system approved by a competent agency, in case of recognition of a place for gathering, concentrated inspection and supervision of goods sent by post or via express mail services under the international airport master plan or the master plan on development of the logistics center system.
2. Procedures for recognition of a place for gathering, concentrated inspection and supervision of imports and exports; a place for gathering, inspection and supervision of imports and exports in a border area; or a place for gathering, concentrated inspection and supervision of goods sent by post or via express mail services must comply with Article 12 of this Decree.
3. For enterprises providing postal or express mail services and renting warehouses in places for gathering, concentrated inspection and supervision of goods sent by post or via express mail services:
a/ An enterprise shall notify in writing locations of warehouses, CCTV system and software to the provincial-level Customs Department managing operation of places for gathering, concentrated inspection and supervision of goods sent by post or via express mail services;
b/ A provincial-level Customs Department shall carry out actual inspection of warehouse locations; CCTV system and software in case the enterprise does not use software of the leasing enterprise;
c/ An enterprise providing postal or express mail services may bring goods into a place only after the provincial-level Customs Department notifies in writing that warehouses in such place satisfy customs inspection, supervision and control requirements.”
20. To amend and supplement Article 38 as follows:
“Article 38. Order of expansion, narrowing, relocation, renaming, ownership transfer, operation suspension or termination of a place for gathering, concentrated inspection and supervision of imports and exports; a place for gathering, inspection and supervision of imports and exports in a border area; a place for gathering, concentrated inspection and supervision of goods sent by post or via express mail services; or a tax-suspension warehouse
Upon expansion, narrowing, renaming, relocation, ownership transfer, operation suspension or termination of a place for gathering, concentrated inspection and supervision of imports and exports; a place for gathering, inspection and supervision of imports and exports in a border area; a place for gathering, concentrated inspection and supervision of goods sent by post or via express mail services; or a tax-suspension warehouse, a leasing enterprise shall comply with Articles 13, 14 and 15 of this Decree.”
21. To add the following Article 38a:
“Article 38a. Recognition of warehouses, storing yards and places in seaports, inland waterway ports, international airports or international railway stations eligible for goods gathering, customs inspection and supervision
1. For warehouses, storing yards and places in seaports, inland waterway ports, international airports or international railway stations planned and announced by competent agencies, enterprises leasing places for gathering and storage of imports and exports shall request the General Department of Vietnam Customs to carry out procedures to recognize eligibility for gathering, customs inspection and supervision of places for gathering, inspection and supervision of imports and exports that are subject to customs inspection, supervision and control (below referred to as warehouses, storing yards and places for goods gathering and storage).
Warehouses, storing yards and places in seaports, inland waterway ports, international airports or international railway stations announced by the Ministry of Transport before the effective date of this Decree are not subject to recognition in accordance with this Article.
2. Warehouses, storing yards and places for goods gathering and storage must satisfy requirements on physical facilities and equipment in accordance with Clause 3, Article 36 of this Decree.
3. Area:
a/ For warehouses, storing yards and places for goods gathering and storage in seaports and inland waterway ports included in decisions announcing the opening and establishment of seaports and inland waterway ports, areas subject to recognition shall be determined at recognition requests of enterprises;
b/ Warehouses, storing yards and places for goods gathering and storage included in the master plans of Noi Bai and Tan Son Nhat International Airports must have a land area of at least 1,000 m2each. For other international airports and domestic airports permitted to operate international flights, their warehouses, storing yards and places for gathering and storage of exports and imports satisfying customs inspection and supervision requirements must have a land area of at least 500 m2each.
c/ Warehouses, storing yards and places for goods gathering and storage in international railway stations must have a land area of at least 1,000 m2each.
4. Dossier for recognition must comprise:
a/ One original written request for recognition, made according to Form No. 1 provided in the Appendix to this Decree.
b/ One photocopy of the enterprise registration certificate or investment certificate or another document specified in Clause 4, Article 81 of the Government’s Decree No. 78/2015/ND-CP of September 14, 2016, on enterprise registration;
c/ One photocopy of a competent agency’s decision announcing the opening or establishment of a seaport, inland waterways port, international airport or international railway station;
d/ One photocopy of the design plan of the place requested to be recognized as a place for goods gathering and storage, showing its boundaries, positions of CCTV cameras, internal roads for goods transportation, security guards and working place of the customs office.
5. Procedures for recognition of warehouses, storing yards and places in seaports, inland waterway ports, international airports or international railway stations that are planned and announced by competent agencies
Enterprises leasing warehouses, storing yards and places for goods gathering and storage in seaports, inland waterways ports, international airports or international railway stations shall carry out procedures for recognition of such warehouses, yards and places as prescribed in Article 12 of this Decree before gathering exports and imports for customs clearance.
6. Enterprises shall expand, narrow, rename, relocate, transfer ownership, suspend or terminate operation of places for goods gathering and storage in seaports, inland waterways ports, international airports or international railway stations according to procedures prescribed in Articles 13, 14 and 15 of this Decree.”
Article 2.Effect
1. This Decree takes effect on August 10, 2020.
2. This Decree annuls Point c, Clause 1, Article 9; Point c, Clause 1, Article 13; Clause 3, Article 19; Clauses 3 and 4, Article 25; and Point c, Clause 1, Article 34, of the Government’s Decree No. 68/2016/ND-CP of July 1, 2016, prescribing conditions on trading of duty-free goods, operation of warehouses, storing yards, and places for customs clearance, goods gathering and customs inspection and supervision; and the phrase “concentrated as” at Point 3, Clause 2, Article 1 of the Government’s Decree No. 59/2018/ND-CP of April 20, 2018.
Article 3.Transitional provisions
1. Principal petrol and oil traders or petrol and oil service providers whose eligibility for trading and customs inspection and supervision is recognized by customs offices shall, within 2 years from the effective date of this Decree, equip devices for automatic level measurement of cisterns and tanks satisfying the requirements specified in this Decree.
2. For warehouses, storing yards and places recognized before the effective date of this Decree but failing to satisfy the requirement on software specified in this Decree, enterprises shall, within 1 year from the effective date of this Decree, update their software to satisfy such requirement.
Article 4.Organization of implementation
1. The General Director of Vietnam Customs shall promulgate the format of data messages to be exchanged between customs offices and enterprises as required in Clause 2, Article 4; Clause 5, Article 10; Clause 4, Article 19; Clause 1, Article 22; Clause 5, Article 25; Clause 1, Article 31; and Point c, Clause 3, Article 36, of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-
On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC
Vietnamese
Decree 67/2020/NĐ-CP DOC (Word)
Decree 67/2020/NĐ-CP PDF (Original)
