Joint Circular No. 01/TM-TCHQ guiding the implementation of Government Decree No. 89/CP dated December 15, 1995 on abolishing procedures for issuing export and import permits on a voyage-by-voyage basis.

Pursuant to …;

OF THE DIRECTOR GENERAL OF THE GENERAL DEPARTMENT OF CUSTOMS

Issuing the provisional customs procedures for imported and exported goods, passenger luggage, and international railway trains entering and exiting the country.

hành lý của khách hàng, hành lý tàu hỏa liên vận quốc tế xuất nhập cảnh.

 _______________________

DIRECTOR GENERAL OF THE GENERAL DEPARTMENT OF CUSTOMS

Pursuant to the Customs Law dated February 20, 1990;

Pursuant to Decree 16/CP dated March 7, 1994 of the Government on the functions, tasks, powers, and organizational structure of the General Department of Customs;

Pursuant to Decree 171/HĐBT dated May 27, 1991 of the Council of Ministers promulgating detailed customs procedures and customs fees;

Pursuant to the Memorandum of Understanding on border railways signed between the Ministry of Transport of the Socialist Republic of Vietnam and the Railway Ministry of the People's Republic of China;

Considering the proposal of the Director of the Supervision and Management Customs Department.

DECISION:

Article 1: Attached herewith is the Provisional Regulation on customs procedures for imported and exported goods, passenger luggage, and international railway trains entering and exiting the country.

Article 2: This Decision takes effect from the date of signature.

Article 3: The Director of the Supervision and Management Customs Department, Heads of units under the General Department of Customs, Directors of Customs Departments of Provinces and Cities directly under the Central Government; Relevant organizations, enterprises, and international railway passengers are responsible for implementing this Decision.

INTERIM REGULATION

ON CUSTOMS PROCEDURES FOR IMPORTED AND EXPORTED GOODS, PASSENGER LUGGAGE, AND INTERNATIONAL RAILWAY TRAINS ENTERING AND EXITING THE COUNTRY

(Issued together with Decision No. 06/TCHQ-GSQL

dated January 24, 1996 of the Director General of the General Department of Customs).

PART I

GENERAL PROVISIONS

Article 1: International railway trains include locomotives, carriages, and vehicles running on railways crossing the border, all must be subject to customs inspection and supervision.

Article 2: Railway trains crossing the border must stop at the border station to complete customs procedures; the location and time of stopping shall be agreed upon by the customs authority and the railway authority according to the Memorandum of Understanding on border railways between Vietnam and China.

Article 3: When the train stops at the border station, the Train Captain or representative must cooperate and facilitate conditions for customs authorities to supervise and inspect luggage compartments, mail packages, goods, and areas where goods may be concealed on the train.

Fuel, materials necessary for the train, and essential food items for staff serving on the train must be declared and subject to customs supervision and management in accordance with the Customs Law and other current regulations.

Article 4: After completing customs procedures, if it is necessary to remove carriages without (or with) goods due to legitimate reasons, the Train Captain or representative must inform the customs authority at the border station to apply appropriate measures.

PART II

SPECIFIC CUSTOMS PROCEDURES FOR IMPORTED AND EXPORTED GOODS, PASSENGER LUGGAGE, AND RAILWAY TRAINS CROSSING THE BORDER.

Article 5: Customs procedures for exported goods, passenger luggage, and outbound trains:

5.1. For exported goods

5.1.1. Responsibilities of the domestic border station customs authority:

a) If the goods have completed export procedures outside the domestic border station area:

- Must establish a record book to accurately, timely, and systematically record information to serve the supervision and inspection of exported goods.

- Accept the completed customs declaration file and goods sent by the customs authority where the export procedures were carried out; if the seal is intact, allow loading onto the carriage.

- Before allowing the loading of exported goods, inspect the carriage to determine whether there are any goods inside; if the carriage is empty and safe for goods, allow loading; if there is a violation, prepare a violation report with the signature of the Train Captain and Station Master for handling.

- Closely monitor the loading and sealing of exported goods onto the carriage.

- Inspect the entire train composition (locomotive, number of carriages, carriage markings, goods, luggage, mail packages... loaded on the carriage).

- Stamp "Customs Inspection Completed" on the goods declaration form and transfer a copy of the declaration form to the border station customs authority (through the Train Captain or customs officer escorting the train).

- AEscort the train (if deemed necessary) to hand over to the border station customs authority.

In cases where the seal has shifted or remains intact but shows signs of violation, if a re-inspection is deemed necessary, the customs officer supervising reports to the Provincial or City Customs Bureau leadership for consideration of a re-inspection...

After re-inspection, if the actual goods match the export file, prepare a confirmation report, re-seal, and allow loading onto the carriage.

If the actual goods do not match the export file, prepare a violation report for handling.

b) If the goods complete procedures at the domestic border station: As per the customs procedures for exported goods at Decision 258/TCHQ-GSQL dated December 16, 1994.

5.1.2. Responsibilities of the border station customs authority:

- Establish a record book for exported goods and accept the summary declaration form from the domestic border station customs authority.

- Check the number of carriages and compare with the train composition declaration.

- Re-check the seals on each carriage.

If no violations are found after inspection, the customs authority stamps "Customs Procedures Completed" on the goods declaration form.

- Process customs procedures for the crew and service staff luggage and supervise the train crossing the border (if the train crosses the border).

- Transfer a copy of the goods declaration form and other documents through the Train Captain or customs officer escorting the train (if applicable) to the domestic border station customs authority for settlement and as a basis for actual export declaration.

In cases where goods are exported immediately at the border station, the border station customs authority must complete the export procedures for goods as stipulated in point 5.1.1.b above.

In cases where carriage inspections reveal broken seals or insufficient carriages compared to the departure from the domestic border station, report to the Train Captain, Station Master, and customs officer escorting (if applicable) to prepare a violation report.

5.2. Customs procedures for passenger luggage exiting the country:

a) Responsibilities of the international border station customs authority in Hanoi:

- Process pre-checked luggage for departing passengers (if any).

- Supervise checked baggage loaded onto train cars, sealing of lead seals on train cars, or escorting to border transit stations for handover to customs officers at border transit stations.

b) Responsibilities of customs officers at border transit stations:

- Guide departing passengers to declare Form HQ60-94 (two copies) at the departure lounge.

- Process inspection and verification procedures for passenger luggage (customs procedures similar to those at international airports or land border crossings); complete procedures for carry-on luggage one hour before the train departs.

- Process customs formalities for the crew and service staff's luggage (if applicable for trains crossing borders).

- Prepare a report concluding the departure of the train.

5.3. For departing trains.

5.3.1. Freight trains:

- At domestic border transit stations where export goods can be loaded onto trains, two hours before the train departs, the Train Chief or their representative must submit the following documents to customs:

+ Summary declaration of exported goods (with accompanying waybill), including transiting goods (if any).

- At border transit stations, the Train Chief or their representative must submit the following documents to customs:

+ Declaration form of train composition (including total number of cars, number of cargo cars...).

+ Summary declaration of exported goods, including transiting goods (if any).

+ Fuel, material, food and beverage declaration form for the train.

+ List of drivers and service staff.

5.3.2. Passenger trains:

- At international border transit stations: Two hours before the train departs, the Train Chief or their representative must submit the following documents to customs:

+ Declaration form of train composition (including total number of cars, number of cargo cars, number of luggage cars, number of passenger cars...).

+ List of drivers and service staff on the train.

+ Passenger list.

+ Summary declaration of checked luggage (weight, quantity, number of cars).

+ Fuel, material, food and beverage declaration form for the train.

The above documents, the Train Chief or their representative must submit one copy to customs at the international border transit station.

- Customs officers at border transit stations receive these documents and process the train's departure.

Article 6: Customs procedures for imported goods, passenger luggage, and incoming trains:

6.1. For imported goods:

6.1.1. Responsibilities of customs officers at border transit stations:

- Must maintain records of imported goods.

- Collect summary declarations and accompanying documents.

- Customs officers inspect and verify the lead seals on each car; compare and confirm the summary declarations to transfer to domestic border transit stations.

- At border transit stations, imported goods may be unloaded onto the yard or warehouse of the station or private warehouses of the consignee, all organized under supervision until customs procedures are completed.

- In case of discovering that the lead seal is not intact during inspection, a record must be made and immediate inspection conducted on-site or escorted back to domestic border transit stations, cooperating with customs officers there for joint inspection.

6.1.2. Responsibilities of customs officers at domestic border transit stations:

- Maintain records of imported goods.

- Receive cargo cars along with summary declarations of goods and other accompanying documents handed over by customs officers at border transit stations.

- Supervise the unsealing of train cars, loading of goods into warehouses, and management of goods in warehouses until customs procedures are completed.

- Process imported goods according to current customs procedures.

6.2. For passenger luggage upon entry:

6.2.1. Responsibilities of customs officers at border transit stations:

- Organize supervision during the train's stop at border stations.

- Customs officers process checked and carry-on luggage according to customs procedures at international airports and land border crossings.

6.2.2. If there is delayed luggage, customs officers at the international border transit station in Hanoi will process it according to customs procedures at the delivery station.

6.3. For incoming trains.

6.3.1. Freight trains entering:

- At border transit stations: Immediately upon arrival, the Train Chief or their representative must submit the following documents to customs officers at border stations:

+ Summary declaration of train composition, list of declarations of luggage for the crew and service staff.

+ Summary declaration of imported goods or substitute transport documents (copies) and related documents, including transiting goods (if any).

+ Fuel, material, food and beverage declaration form for the train.

+ Extracted summary declaration of goods unloaded at each domestic border transit station.

Customs officers at border transit stations check the documents, may conduct spot checks against actual goods if necessary, then stamp "Customs Inspection Completed" on the declarations to transfer to domestic border transit stations.

- At domestic border transit stations: Immediately after the train arrives, the Train Chief or their representative must submit the following documents to customs:

+ Extracted summary declaration of imported goods confirmed by customs officers at border transit stations for transfer to domestic border transit stations to complete customs procedures (accompanied by copies of transport documents).

+ Transit goods communication document (if any).

+ Customs officers at domestic border transit stations check and verify the declarations.

6.3.2. Passenger trains entering:

At border transit stations: Immediately after the train arrives, the Train Chief or their representative must submit the following documents to customs:

+ Summary declaration of train composition, list and declaration of luggage for service staff.

+ Passenger list.

+ List of drivers and service staff on the train.

+ Fuel, material, food and beverage declaration form for the train.

+ Checked luggage declaration form (weight, quantity, number of cars).

CHAPTER III

IMPLEMENTING PROVISIONS

Article 7: Customs officers of provinces and cities with international railway border transit stations report to the General Department of Customs about the situation of trains, goods, and passengers exiting and entering through each station according to daily, periodic, and incident reports.

Article 8: All violations of the provisions set out in this regulation shall be subject to penalties under current laws.

Article 9: This temporary regulation takes effect from the date of signature.

Article 10: The Director of the Customs Management Supervision Department, heads of units under the General Department of Customs, Directors of provincial and municipal customs departments, relevant organizations and enterprises, and passengers on international railway transit trains are responsible for implementing this regulation.