JOINT CIRCULAR No. 08/2004/TTLT/BTM-BTC-BGTVT OF THE MINISTRIES OF TRADE, FINANCE, AND TRANSPORTATION GUIDING THE IMPLEMENTATION OF CONTAINER TRANSIT SERVICES AT VIETNAMESE SEAPORTS

JOINT CIRCULAR

Joint Circular No. 08/2004/TTLT/BTM-BTC-BGTVT dated December 17, 2004 of the Ministry of Trade - Ministry of Finance - Ministry of Transport guiding the implementation of container transshipment services at Vietnamese seaports

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Pursuant to the Commercial Law on May 10, 1997; the Customs Law on June 29, 2001 and the Vietnam Maritime Code on June 30, 1990;
Pursuant to the guidance of the Prime Minister in Official Document No. 1163/VPCP-CN dated March 15, 2004 of the Government Office regarding container transshipment services at Vietnamese seaports;

Joint Ministries: Trade - Finance - Transport Responsibilities of the organization managing traffic signal indicators on roadways at railway crossings:guide the implementation of container transshipment services at Vietnamese seaports Male as follows: as follows:

I. GENERAL PROVISIONS

1. This Circular only guides the implementation of container transshipment services at Vietnamese seaports and applies to seaport enterprises and organizations and individuals related thereto.

2. Explanation of terms

In this Circular, the following terms shall be understood as follows:

a. "Container transshipment service" (transhipment) is the unloading and loading of containers according to the requirements of the carrier through the following forms:

- Unloading containers transported by means of transport from abroad to Vietnamese seaports and reloading them onto other means of transport for transportation out of the territory of Vietnam;

- Unloading containers transported by means of transport from abroad to Vietnamese seaports and placing them in storage in the transshipment area of the seaport for a certain period of time before reloading these containers onto means of transport for transportation out of the territory of Vietnam.

b. "Container transshipment area" is an area within the seaport reserved exclusively for the implementation of container transshipment services separate from other areas of the seaport and subject to supervision by customs authorities.

c. "Means of transport" includes ships, aircraft, road transport vehicles, trains, inland waterway vessels.

d. "Transshipped goods" include goods packed in transshipped containers.

đ. "Carrier" is a person who uses means of transport owned by themselves or leases means of transport owned by others to perform container transportation services or representatives legally authorized by such entities. 3. Vietnamese seaport enterprises that meet the conditions as guided in Section 1 Part II of this Circular are all eligible to implement container transshipment services.

II. CONDITIONS FOR SEAPORTS TO IMPLEMENT TRANSHPMENT SERVICES AND NOTIFICATION REGARDING THE IMPLEMENTATION OF CONTAINER TRANSHPMENT SERVICES AT SEAPORTS

1. Vietnamese seaport enterprises implementing container transshipment services must have the following conditions:

a. The seaport must be announced by competent state agencies to allow domestic and foreign vessels to enter and exit for unloading and loading containers.

b. Must have sufficient technical infrastructure and establish a container transshipment area as specified in Clause b of Section 2 Part I of this Circular.

2. At least 15 days before the first day of implementing container transshipment services, the seaport enterprise must send a notification document to the Ministry of Trade, Ministry of Finance (General Department of Customs), Ministry of Transport, and local customs authority about the commencement of container transshipment services at their seaport. III. TRANSHPMENT GOODS, LOADING AND UNLOADING, HANDOVER, STORAGE; RESPONSIBILITIES OF SEAPORT ENTERPRISES AND CARRIERS TOWARDS TRANSHPMENT GOODS

1. Transshipment goods at Vietnamese seaports are goods not included in the list of prohibited transshipment goods as specified in Section 2 of this Part and packed in containers.

2. Prohibited transshipment goods at Vietnamese seaports include:

a. Types of weapons, ammunition, explosives, military technical equipment;

b. Narcotics;

c. Radioactive waste and hazardous chemicals prohibited from export and import under Vietnamese law.

3. Notification of container transshipment

a. The carrier needs to send a notification document (in accordance with Form 1 in the Appendix) to the seaport enterprise requesting permission to transship containers at the seaport (hereinafter referred to as the Transshipment Notification).

b. The Transshipment Notification as stipulated in Clause a of Section 3 of this Part, if approved by the seaport enterprise, shall be deemed as a signed contract for container transshipment services.

4. The loading, unloading, handover, and storage of transshipment containers at Vietnamese seaports shall be carried out in accordance with Vietnamese laws and international practices. 5. Based on the agreement between the carrier and the seaport enterprise, goods packed in transshipment containers after being placed in the transshipment container area may be rearranged, repackaged, reinforced, repaired, or replaced with new containers.

6. The carrier is responsible for the suitability and accuracy of goods packed in transshipment containers at Vietnamese seaports compared to the Transshipment Notification sent to the seaport enterprise.

7. The seaport enterprise is responsible for transshipment containers from the moment the transshipment containers are unloaded from the means of transport and placed in the transshipment container area of the seaport until the moment the transshipment containers are loaded onto the means of transport for transportation out of the territory of Vietnam.

8. On January 15 each year, seaport enterprises implementing transshipment services must submit a report on the results of transshipment services implemented in the previous year (in accordance with Form 2 in the Appendix) to the Ministry of Trade, Ministry of Finance (General Department of Customs) and the Ministry of Transport.

IV. CUSTOMS PROCEDURES FOR GOODS PACKED IN TRANSHPMENT CONTAINERS

7. The port enterprises shall be responsible for the transshipment containers from the time such transshipment containers are unloaded from the transport means to bring them into the port's transshipment container area until the time they are loaded onto the transport means for transportation out of the territory of Vietnam.

8. On January 15 each year, port enterprises providing transshipment container services must submit a report on the results of their transshipment container service implementation of the previous year (in accordance with the form attached in Appendix 2) to the Ministry of Trade, the Ministry of Finance (General Department of Customs), and the Ministry of Transport.

IV. CUSTOMS PROCEDURES FOR GOODS LOADED IN TRANSIT CONTAINERS

1. Goods listed in the Transit Declaration that have been approved by the port enterprise, when moved into the container transshipment area of the port or transported from the container transshipment area of the port to be loaded onto transportation means for export out of the territory of Vietnam, shall be exempted from physical inspection, except in cases where there are signs of violation of Vietnamese laws.

2. The carrier is responsible for submitting one copy of the approved Transit Declaration (in lieu of the customs declaration) to the Customs Sub-department at the border gate. This Transit Declaration may be transmitted electronically if available.

3. Goods transshipped at Vietnamese ports are not subject to export tax, import tax, and other taxes applicable to imported and exported goods. In the case where goods transshipped at Vietnamese ports wish to be imported into Vietnam, they must comply with current regulations on imported and exported goods.

4. Containers transshipped, from the time they are unloaded from transportation means and placed under storage in the transshipment area of the port until they are reloaded onto another transportation means for export out of the territory of Vietnam, shall be subject to supervision by the customs authority.

In the case where transshipment containers pass through the territory of Vietnam, customs procedures shall be carried out as for transit goods.

5. Transshipment containers may be allowed to move from the container transshipment area of the port to another customs area within the same port but must obtain permission and be subject to supervision by the customs authority.

V. HANDLING OF TRANSIT GOODS THAT ARE SPILLED, BROKEN, DAMAGED, AND THE SITUATION WHERE TRANSPORTATION MEANS DO NOT COLLECT THE GOODS

1. During loading, unloading, delivery, and storage at the port, if transshipment containers are spilled, broken, damaged, or no longer sealed, the port enterprise and the carrier shall agree on appropriate measures in accordance with Vietnamese laws and international practices.

2. If transshipment containers are spilled, broken, or damaged, and upon request of the owner or their authorized representative, the goods contained in these containers may be sold, donated, or destroyed in Vietnam according to Vietnamese laws governing exported and imported goods.

3. In the event that the transportation means does not collect the transshipment container within the agreed timeframe, the port enterprise has the responsibility to notify the carrier in writing. After ninety (90) days from the date of sending the written notice, if no response is received, the port enterprise has the right to handle the transshipment goods according to Vietnamese laws regarding unclaimed goods. In the case of perishable goods or those capable of causing environmental pollution, early reporting to the competent authority for permission to dispose of them sooner is required.

VI. PAYMENT FOR TRANSIT SERVICES AND HANDLING OF VIOLATIONS

1. The carrier is responsible for paying for container transshipment services and related costs in accordance with the agreement between the carrier and the port enterprise.

2. Organizations and individuals who violate this Circular, depending on the severity of the violation, shall be subject to administrative penalties; individuals committing serious violations of the law shall be criminally prosecuted; if damage is caused, compensation must be provided in accordance with the law.

3. This Circular takes effect fifteen (15) days from the date of publication in the Official Gazette and replaces Decisions No. 815/2001/QĐ-BTM dated August 1, 2001, issued by the Minister of Trade, and No. 770/2001/QĐ-TCHQ dated August 21, 2001, issued by the General Director of the General Department of Customs.