Joint Circular No. 08/2004/TTLT-BTM-BTC-BGTVT on guiding the implementation of container transshipment services at Vietnamese seaports

  

Joint Circular

GUIDELINESFOR THE IMPLEMENTATION OF CONTAINER TRANSIT SERVICES
AT VIETNAMESE SEAPORTS

Pursuant to the Trade Law dated May 10, 1997; the Customs Law dated June 29, 2001 and the Vietnam Maritime Code dated June 30, 1990;

Pursuant to the guidance of the Prime Minister in Document No. 1163/VPCP-CN dated March 15, 2004 of the Government Office on container transit services at Vietnamese seaports;

The Ministries of Trade, Finance, and Transportation hereby issue guidelines for the implementation of container transit services at Vietnamese seaports as follows:

I. GENERAL PROVISIONS

1. These joint circulars guide the implementation of container transit services at Vietnamese seaports and apply to seaport enterprises and related organizations and individuals.

2. Explanation of terms

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

a. "Container transit service" (transhipment) refers to 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 export out of Vietnam;

- Unloading containers transported by means of transport from abroad to Vietnamese seaports and storing them in the container transit area of the seaport for a certain period before reloading them onto means of transport for export out of Vietnam.

b. "Container transit area" is a section within the seaport designated exclusively for the implementation of container transit services, separate from other areas of the seaport and subject to customs supervision.

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

d. "Transit goods" include goods packed in containers for transit.

đ. "Carrier" is a person who uses their own means of transport or hires another's means of transport to perform container transportation services or their lawful representatives.

3. Vietnamese seaport enterprises meeting the conditions set forth in Section 1 Part II of this Circular are eligible to implement container transit services.

II. CONDITIONS FOR SEAPORTS TO IMPLEMENT TRANSIT SERVICES AND NOTIFICATION OF TRANSIT SERVICE IMPLEMENTATION AT SEAPORTS

1. Vietnamese seaport enterprises implementing container transit services must meet the following conditions:

a. The seaport must be officially announced by competent state authorities as allowing domestic and foreign ships to enter and exit for unloading and loading of containers;

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

2. At least 15 days before the first day of implementing container transit services, the seaport enterprise must send a notification letter to the Ministry of Trade, Ministry of Finance (General Department of Customs), Ministry of Transportation, and local customs authority regarding the commencement of container transit services at its seaport.

III. TRANSIT GOODS, LOADING AND UNLOADING, HANDOVER, STORAGE; RESPONSIBILITIES OF SEAPORT ENTERPRISES AND CARRIERS FOR TRANSIT GOODS

1. Transit goods at Vietnamese seaports are goods not listed as prohibited for transit in Section 2 of this Part and are packed in containers.

2. Prohibited transit goods at Vietnamese seaports include:

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

b. Narcotics;

c. Atomic waste and hazardous chemicals banned for import and export under Vietnamese law.

3. Container transit notification

a. The carrier must submit a notification letter (in accordance with Form 1 in the Appendix) to the seaport enterprise requesting container transit services at the seaport (hereinafter referred to as the Transit Notification).

b. If the seaport enterprise approves the Transit Notification mentioned in Clause a Section 3 above, it shall be deemed as a signed Contract for Container Transit Services.

4. Loading, unloading, handover, and storage of transit containers at Vietnamese seaports shall be carried out in accordance with Vietnamese laws and international practices.

5. Based on agreements between the carrier and the seaport enterprise, goods packed in transit containers may be rearranged, repackaged, reinforced, repaired, or replaced with new containers after being moved into the container transit area.

6. The carrier is responsible for ensuring the suitability and accuracy of goods packed in transit containers at Vietnamese seaports compared to the Transit Notification submitted to the seaport enterprise.

7. The seaport enterprise is responsible for transit containers from the time they are unloaded from means of transport and placed in the seaport's container transit area until they are reloaded onto means of transport for export out of Vietnam.

8. By January 15 each year, seaport enterprises implementing container transit services must submit a report on the previous year's implementation of container transit services (in accordance with Form 2 in the Appendix) to the Ministry of Trade, Ministry of Finance (General Department of Customs), and Ministry of Transportation.

IV. CUSTOMS PROCEDURES FOR GOODS PACKED INCONTAINER TRANSIT

1. Goods listed in the approved Transit Notification when entering the container transit area of the seaport or being transported from the container transit area of the seaport to be loaded onto means of transport for export out of Vietnam are exempt 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 Notification (as a substitute for the customs declaration) to the customs office at the port of entry. This Transit Notification can be sent via an electronic network system if available.

3. Goods in transit at Vietnamese seaports are not subject to export tax, import tax, and other taxes applicable to exported and imported goods. In cases where goods in transit at Vietnamese seaports wish to be imported into Vietnam, they must comply with current laws governing exported and imported goods.

4. Containers in transit shall be subject to customs supervision from the moment they are unloaded from the means of transport to be stored in the port’s transit area until they are loaded onto another means of transport for transportation out of Vietnamese territory.

Where containers in transit pass through Vietnamese territory, customs procedures shall be carried out as if for goods in transit.

5. Containers in transit may be permitted to move from the container transit area of the seaport to another customs area within the same seaport but must have permission and be under customs supervision.

V. Handling of Damaged, Broken, or Spoiled Goods in Transit and Non-Arrival of Transport Means

1. During loading, unloading, delivery, and storage at seaports, if containers in transit are overturned, broken, damaged, or no longer sealed, the seaport enterprise and the carrier shall agree on appropriate measures in accordance with Vietnamese law and international practice.

2. If containers in transit are overturned, 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 in accordance with Vietnamese laws governing exported and imported goods.

3. In cases where the transport means does not collect the container in transit within the agreed timeframe, the seaport enterprise has the responsibility to notify the carrier in writing. After ninety (90) days from the date of sending the notification letter without receiving a reply, the seaport enterprise may handle the goods in transit according to Vietnamese laws governing unclaimed goods. In cases of perishable goods or those that could cause environmental pollution, early reporting to the competent authority for permission to dispose of them is required.

VI. Payment for Transit Services and Handling Violations

1. The carrier is responsible for paying for container transit services and related costs in accordance with agreements between the carrier and the seaport enterprise.

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

3. This Circular takes effect fifteen (15) days after its 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.

 

 

Appendix 1

Model Transit Container Notification⁽¹⁾

(Annexed to Joint Circular No. 08/2004/TTLT-BTM-BTC-BGTVT dated December 17, 2004)

Transit Container Notification

Container Transhipment Declaration

Bill of Lading No.                                                                   Page No.

B/L No                                                                           Page No

 

Authorized Representative of Port's Signature, Seal

(Authorized representative of Port's signature, seal)

--------

(1) This model of Transit Notification is used for containers arriving or departing in transit.

 

DIRECTOR OF THE STATE BANK OF VIETNAM

Model Report on the Implementation of Container Transit Services

(Annexed to Joint Circular No. 08/2004/TTLT-BTM-BTC-BGTVT dated December 17, 2004)

                     Port...                                          Socialist Republic of Viet Nam

                                                                                  Independence - Freedom - Happiness

   Number:

..., date..., month..., year...

Report on the Implementation of Container
Transit Services

(Year...)

Respectfully submitted to:

                 - Ministry of Trade

                 - Ministry of Finance (General Department of Customs)

                 - Ministry of Transport

Pursuant to Joint Circular No. 08/2004/TTLT-BTM-BTC-BGTVT dated December 17, 2004, issued by the Ministry of Trade, the Ministry of Finance, and the Ministry of Transport guiding the implementation of container transit services at Vietnamese seaports, the seaport enterprise... hereby reports the results of implementing container transit services for the year... (from the start date to December 31).

I. Results Achieved

 

II. Difficulties, Obstacles, and Recommendations for Solutions (if any)

1. Difficulties and Obstacles

2. Recommendations for Solutions

                                                                                                 Director

                                                                                 (Signature, stamp)