Decision No. 07/2021/QD-TTg amending and supplementing certain articles of Decision No. 38/2017/QD-TTg dated August 18, 2017 of the Government Chairman on the transfer of customs clearance ports for imported goods to be processed at the ICD My Dinh inland container depot, Hanoi city.

INFORMATION TECHNOLOGY OF THE GOVERNMENT
Pursuant to …;
Amending and supplementing certain provisions of Decision No. 38/2017/QĐ-TTg
dated August 18, 2017 of the Government Chairman on the transfer of customs checkpoints for imported goods to be processed at the inland container depot (ICD) My Dinh, Hanoi City
Pursuant to the Law on Customs dated November 21, 2012;
Pursuant to Decree No. 38/2017/NĐ-CP dated April 4, 2017 of the Government on investment construction, management, and operation of inland container depots;

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to Decree No. 59/2018/NĐ-CP dated April 20, 2018 amending and supplementing certain provisions of Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and guiding the implementation of the Law on Customs regarding customs procedures, inspection, supervision, and control;

Pursuant to the Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and providing implementation measures for the Law on Customs regarding customs procedures, inspection, supervision, and control;

The Government Chairman promulgates this Decision to amend and supplement certain provisions of Decision No. 38/2017/QĐ-TTg dated August 18, 2017 of the Government Chairman on the transfer of customs checkpoints for imported goods to be processed at the inland container depot (ICD) My Dinh, Hanoi City.

Article 1. Amending and supplementing certain provisions of Decision No. 38/2017/QĐ-TTg dated August 18, 2017 of the Government Chairman on the transfer of customs checkpoints for imported goods to be processed at the inland container depot (ICD) My Dinh, Hanoi City (hereinafter referred to as Decision No. 38/2017/QĐ-TTg).

At the proposal of the Minister of Finance,

This Decision provides for the transfer of customs checkpoints for imported goods to be processed at the inland container depot (ICD) My Dinh and Long Bien, Hanoi City.

2. Clause 1 and Clause 4 of Article 2 shall be amended and supplemented as follows:

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"Article 1. Scope of Regulation

"1. The declarant of customs is an organization or individual conducting export, import, transit of goods and performing customs procedures at the inland container depot (ICD) My Dinh and Long Bien.

4. Enterprises operating the inland container depot (ICD) My Dinh and enterprises operating the inland container depot Long Bien."

3. The title and Clause 1 of Article 3 shall be amended and supplemented as follows:

"Article 3. Imported goods transferred to the inland container depot (ICD) My Dinh and Long Bien

1. Imported goods passing through international border gates, international railway stations, international airports, and seaports may be transferred to the inland container depot (ICD) My Dinh and Long Bien for customs processing if they belong to the list of goods required to undergo customs procedures at the port of entry (annexed to Decision No. 23/2019/QĐ-TTg dated June 27, 2019 of the Government Chairman), except for goods such as: aircraft, yachts; various types of gasoline; explosive precursors and industrial explosives according to the list prescribed by the Ministry of Industry and Trade; waste materials according to the list prescribed by the Government Chairman."

4. The title and Clause 2, Clause 3 of Article 4 shall be amended and supplemented as follows:

"Article 4. Transport routes, time spent on transport routes, and storage time at the inland container depot (ICD) My Dinh and Long Bien

2. The maximum storage time for goods to complete customs procedures at the inland container depot (ICD) My Dinh and Long Bien is 30 days from the date the goods arrive at the inland container depot (ICD) My Dinh and Long Bien, except in cases where goods must wait for specialized inspection results or are being processed by authorized agencies.

3. Goods that have been transferred to the inland container depot (ICD) My Dinh and Long Bien shall not be transferred to other locations for customs procedures."

5. Clause 3 of Article 5 shall be amended and supplemented as follows:

"3. Notify the Customs Sub-department managing the inland container depot (ICD) My Dinh or the Customs Sub-department managing the inland container depot Long Bien, Hanoi City immediately after the goods are loaded onto transportation means for movement through the supervised area at the port of entry for goods that require actual inspection, storage, or transfer to a specialized inspection location upon transfer of customs checkpoints."

6. The title and Clause 2, Clause 3, Clause 4 of Article 6 shall be amended and supplemented as follows:

"Article 6. Responsibilities of enterprises operating the inland container depot (ICD) My Dinh and Long Bien

2. Only allow the removal of goods from the inland container depot (ICD) My Dinh and Long Bien areas after the customs authority has decided to release the goods, store them, or transfer them to a specialized inspection location in accordance with the law.

3. Connect the enterprise's cargo management information system with the customs authority to manage the entry, exit, or storage of goods in the inland container depot (ICD) My Dinh and Long Bien.

4. Report periodically each month to the customs authority responsible for the goods' departure and arrival points about the situation of goods transferred to the inland container depot (ICD) My Dinh and Long Bien."

7. Article 7 shall be amended and supplemented as follows:

"Article 7. Customs procedures for imported goods transferred to the inland container depot (ICD) My Dinh and Long Bien

Customs procedures for imported goods transferred to the inland container depot (ICD) My Dinh and Long Bien shall be carried out in accordance with the Law on Customs, Decree No. 08/2015/NĐ-CP dated January 23, 2015 of the Government, and Decree No. 59/2018/NĐ-CP dated April 20, 2018 amending and supplementing certain provisions of Decree No. 08/2015/NĐ-CP of the Government detailing and guiding the implementation of the Law on Customs regarding customs procedures, inspection, supervision, and control, and related guiding documents."

"Article 7. Customs procedures for imported goods transferred from border gates to the inland container depot (ICD) My Dinh and Long Bien ports

Customs procedures for imported goods transferred from border gates to the inland container depots (ICDs) My Dinh and Long Bien shall be implemented in accordance with the Law on Customs, Decree No. 08/2015/ND-CP dated January 23, 2015 of the Government, and Decree No. 59/2018/ND-CP dated April 20, 2018 amending and supplementing certain articles of Decree No. 08/2015/ND-CP of the Government detailing and providing implementation measures for the Law on Customs regarding customs procedures, inspection, supervision, and customs control, as well as related guiding documents."

Article 2. The name of Decision No. 38/2017/QĐ-TTg shall be supplemented as follows:

"Decision No. 38/2017/QĐ-TTg dated August 18, 2017 of the Prime Minister stipulates the transfer of customs procedures for imported goods to be processed at the inland container depot (ICD) Mỹ Đình, Long Biên port, Hà Nội city."

Article 3. Effectiveness

1. This Decision takes effect from May 1, 2021.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered municipal People's Committees, Heads of agencies, units, and organizations and individuals related to the transfer of customs procedures for imported goods to be processed at the inland container depot (ICD) Mỹ Đình and Long Biên port, Hà Nội city shall be responsible for implementing this Decision.