Joint Circular No. 02/1999/TTLT/BGTVT-TCHQ stipulates the coordination work in inspecting and supervising imported and exported goods and passengers' luggage on international railway transit transport vehicles.

JOINT CIRCULAR

Regulations on Cooperation in Inspection and Supervision of Import and Export Goods and Luggage of Passengers Traveling by Means of Transport on International Railways Routes

luggage of passengers entering and exiting through transportation means on the railway transit international route

AND THE GENERAL DEPARTMENT OF CUSTOMS

Pursuant to the International Passenger Traffic Agreement (SMPS), the International Railway Freight Traffic Agreement (SMGS), and the working rules of SMPS and SMGS;

Pursuant to the Border Railway Agreement and the Border Railway Protocol between the Ministry of Transport of the Socialist Republic of Vietnam and the Ministry of Railways of the People's Republic of China signed on August 8, 1998;

Pursuant to the Customs Law dated February 20, 1990;

Pursuant to Article 27 of Decree No. 16/1999/NĐ-CP dated March 27, 1999 of the Government on customs procedures, customs supervision, and customs fees;

To implement the functions and tasks of each sector regarding import and export activities and passenger entry and exit at international railway stations and on trains carrying import and export goods and passengers, and through the performance of their respective functions, to effectively combat smuggling and commercial fraud, the Ministry of Transportation and the General Department of Customs stipulate the cooperation work between the two sectors in inspecting, controlling, and supervising import and export goods, luggage, and means of transport entering and exiting the country.

I. GENERAL PROVISIONS

1. International trains carrying passengers for entry and exit, export and import goods, and luggage of passengers for entry and exit must stop at international railway stations to complete customs formalities and comply with the regulations of the International Railway Organization.

2. The International Railway Organization, within its scope, functions, and authority, shall carry out transportation and storage of import and export goods and luggage of passengers for entry and exit according to the provisions of the International Railway Traffic Agreements, Protocols, and related documents concerning import and export activities.

3. Customs offices at international railway stations are border customs units operating under the Rules and Procedures for International Railway Customs Operations issued by the Director of the General Department of Customs.

4. International railway stations include border international railway stations and inland international railway stations established and announced by the Ministry of Transportation to member countries of the International Railway Organization (OSJD). These international railway stations are responsible for receiving, transporting, storing import and export goods, luggage, and parcels of passengers for entry and exit. The international railway customs offices at these stations handle customs formalities for means of transport, import and export goods, luggage, and parcels of passengers (including train captains, locomotive crews, and staff working on entry and exit trains).

5. The Vietnam Railway Union is responsible to the Ministry of Transportation for directing railway units in international railway traffic operations. International railway stations perform tasks related to receiving, transporting, loading and unloading, protecting, and storing various types of import and export goods, luggage, and parcels that have not completed customs formalities and during transportation, and cooperate with international railway customs offices to ensure compliance with the provisions of this Circular.

6. In addition to the seals of the railway authorities, the customs office uses customs seals to seal carriages, warehouses, packages of import and export goods, items, and means of transport. In special cases where goods cannot be sealed or require escort, the customs office assigns officers to accompany the means of transport to ensure the integrity of the goods and items during transportation.

7. If imported goods listed in the manifest/bill of lading/transfer form indicate delivery at an inland international railway station, the customs office at the border international railway station is responsible for checking and comparing the train captain's file with the number of carriages, carriage numbers, and seals of the transport authority. If there are no violations, customs will seal each carriage of goods, confirm and stamp the manifest/bill of lading/transfer form, and hand over the goods file to the railway authority responsible for transferring it to the inland international railway station. Immediately upon arrival at the station, the customs office at the unloading station must accept the file for inspection and comparison with the seals, number of carriages, and carriage numbers, and proceed with the prescribed procedures.

II. RESPONSIBILITIES OF THE MINISTRY OF TRANSPORTATION AND THE GENERAL DEPARTMENT OF CUSTOMS

AND THE RAILWAY TRANSIT INTERNATIONAL CUSTOMS AUTHORITY

1. The Ministry of Transportation assigns responsibilities to the Vietnam Railway Union.

1.1- Direct international railway stations to notify customs at least 2 hours before the departure or arrival of a train about the time of departure, arrival, and stopping at stations so that customs can proactively handle formalities for entry and exit trains, import and export goods, and luggage of passengers according to regulations.

1.2- Guide train captains, locomotive crews, and staff working on international trains to comply with customs declarations, inspections, submission, or presentation of documents related to the train, goods, luggage, postal items, and parcels carried on the train as required by law.

1.3- Direct international railway stations to promptly inform customs of any changes related to import and export goods and luggage of passengers so that customs can proactively take appropriate measures; specifically as follows:

- Adding or removing carriages from one train to another of the same gauge.

- Adding or removing carriages from one train to another of a different gauge.

- Changing goods within carriages.

- Cases where there is a discrepancy between the actual goods transported and the bill of lading/manifest/transfer form for import and export goods.

- The consignor requests that the consignee return the transport containers or empty packaging.

- Any changes to the goods or transportation means occurring during the transportation process, storage in warehouses or yards, loading or unloading.

1.4- All cases of violation of time limits for customs procedures, non-compliance with customs regulations, failure to present documents or luggage for customs formalities; causing delays in train departure times; self-initiated switching, cutting, stopping trains, loading or unloading goods without prior notice or approval from the Customs authority, resulting in economic losses or loss of goods... shall be subject to responsibility according to the provisions of the law by the violator.

1.5- Creating conditions for planning and arranging offices at international railway stations to ensure independence and convenience for the Customs Authority to effectively fulfill its tasks.

1.6- Creating conditions for the International Railway Customs Transit Authority to announce regulations at the station to guide passengers and shippers to comply with relevant customs regulations in the process of handling transportation, delivery, storage, and preservation of imported and exported goods, luggage, postal items, and parcels.

2/ The General Department of Customs assigns responsibilities to the Provincial Customs Service.

2.1- Directing railway station customs authorities to closely coordinate with railway forces to strictly implement customs procedures for trains, imported and exported goods, and passenger luggage in accordance with regulations.

2.2- Ensuring sufficient staffing for customs units at international railway stations to meet the working hours stipulated by the railway sector.

2.3- Directing international railway customs authorities to always proactively coordinate with the railway sector and related forces to promptly detect and prevent commercial fraud, smuggling, and tax evasion for legal processing.

2.4- Directing international railway customs authorities to cooperate with the railway sector to ensure that customs procedures are completed and export goods are loaded onto trains at least two hours before departure.

2.5- Announcing customs procedures, directives, guidelines, and state policies related standards at the station for shippers and passengers to follow and supervise the implementation by customs authorities:

- For imported goods, the deadline for customs inspection procedures is thirty days from the date the goods arrive at the international transit station.

- For imported and exported goods, all customs procedures must be completed one hour before the means of transport departs.

For exported goods transported by rail, after completing the customs declaration registration procedures at the international transit station, if the shipper requests, customs officers will inspect and seal the goods according to regulations at factories or enterprises.

- For departing passengers, declare and submit related luggage documents to the international border railway station customs authority, complete procedures two hours before the train departs.

- For incoming passengers, customs procedures for luggage must be completed immediately upon arrival at the international border railway station and must be finished before the train departs.

III. COOPERATION RELATIONSHIP BETWEEN THE RAILWAY AUTHORITY AND THE INTERNATIONAL RAILWAY CUSTOMS AUTHORITY

AND THE INTERNATIONAL RAILWAY CUSTOMS AUTHORITIES

1/ Staff members of both authorities have the responsibility to fully perform their functions and duties; the international railway authority shall closely cooperate and create conditions for the international railway customs authority to inspect and control to promptly detect and prevent violations of customs laws, smuggling, and commercial fraud on international trains and at international stations.

2/ In cases where there are difficulties or urgent matters beyond the authority of either party, timely reports and proposals should be made to higher levels for instructions; if it is deemed necessary for both parties to hold an urgent meeting to reach a consensus on solutions, such meetings should be held promptly, and results should be reported to higher levels after the meeting.

3/ Every six months, the international railway authority shall organize a meeting with the international railway customs authority and related departments at the station to review experiences in work relations and the performance of functions and duties between the two authorities.

4/ Annually, the Ministry of Transport (Vietnam Railways Corporation) shall convene a meeting with the General Department of Customs to review, evaluate, draw lessons, and discuss measures for cooperation between the two sectors.

VI. IMPLEMENTATION

1/ Vietnam Railways Corporation, Provincial Customs Services with international railway stations have the responsibility to inform and guide the train captain, locomotive crew, service staff on the train, and units at the stations, shippers, and passengers entering and exiting the country to strictly comply with the provisions of this Circular.

2/ During the implementation process, comprehensively report any difficulties, new issues, and suggestions or recommendations to the Ministry of Transport (Vietnam Railways Corporation) and the General Department of Customs for unified guidance and resolution.

3/ This Circular takes effect fifteen days from the date of signature.