Joint Circular No. 17/2003/TTLT/BTC-BNN-BTS guides the inspection and supervision of exported and imported goods subject to animal quarantine, plant quarantine, and aquatic product quarantine.

JOINT CIRCULAR

Guidelines for inspecting and supervising exported and imported goods subject to animal quarantine, plant quarantine, and aquatic quarantine

animals, plant quarantine, aquatic animal quarantine

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Based on the Customs Law No. 29/2001/QH10 dated June 29, 2001;

Pursuant to the Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989;

Pursuant to the Ordinance on Veterinary Services dated February 15, 1993;

Pursuant to the Ordinance on Plant Protection and Quarantine No. 36/2001/PL-UBTVQH10 dated July 25, 2001;

The Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Ministry of Aquatic Resources hereby jointly issue guidelines for inspecting and supervising exported and imported goods (in this Circular, such goods refer to those transported from Vietnam to foreign countries and vice versa) subject to animal quarantine, plant quarantine, and aquatic quarantine as follows:

I.GENERAL PROVISIONS

1. Only goods listed in the export and import commodity list subject to animal quarantine, plant quarantine published by the Minister of Agriculture and Rural Development, and aquatic quarantine published by the Minister of Aquatic Resources shall be required to undergo quarantine procedures.

2. The units authorized to issue quarantine certificates and confirm quarantine registration forms for the goods specified in Point 1 above (hereinafter referred to collectively as the Quarantine Authority) are those units assigned tasks pursuant to the Decision of the Minister of Agriculture and Rural Development and the Minister of Aquatic Resources (as detailed in Appendix 1 attached to this Circular, these are the current Quarantine Authorities).

3. For non-commercial exported and imported goods (not for business purposes) serving the consumption and living needs of passengers departing from or arriving in Vietnam, diplomatic missions, and international organizations, the Customs Authority will process clearance without requiring submission of a quarantine registration form or a quarantine certificate, except when the Quarantine Authority notifies that specific goods must be quarantined at particular times.

4. These provisions of this Circular shall not apply to goods in transit by air or sea if the goods are not unloaded at ports.

5. The quarantine procedure for imported goods shall be conducted through pre-registration and post-inspection, specifically as follows:

- Prior to customs formalities, the Shipper must register for quarantine with the Quarantine Authority.

- The Quarantine Authority may conduct quarantine simultaneously with the Customs Authority's inspection of goods or conduct quarantine after the goods have completed customs formalities according to the time and place specified in the quarantine registration form (as per Appendix 2 attached to this Circular).

II. SPECIFIC PROVISIONS

1. Responsibilities of the Shipper:

1.1. For exported goods:

Before exporting goods, the Shipper must register and declare to the Quarantine Authority to obtain the necessary procedures for inspection and issuance of a quarantine certificate for goods subject to quarantine as stipulated by law or as requested by the buyer.

1.2. For imported goods:

Prior to customs formalities, the Shipper must register for quarantine (fill out three copies according to the model in Appendix 2) with the Quarantine Authority.

1.2.1. When processing customs formalities, in addition to the documents required by the Customs Authority, the Shipper must submit the quarantine registration form confirmed by the Quarantine Authority.

1.2.2. If the Shipper registers for quarantine but does not import the goods, they must return two copies of the quarantine registration form to the Quarantine Authority (where confirmation was made). In cases where the Customs Authority determines that the goods cannot be imported into Vietnam during the importation process, the Shipper must return the quarantine registration form (the Shipper's copy) with the Customs Authority's confirmation of the reason for non-importation to the Quarantine Authority (where confirmation was made).

1.2.3. For goods that undergo quarantine procedures after completing customs formalities:

- The goods must be returned to the registered location and time as stated in the quarantine registration form.

- In cases of force majeure preventing the goods from being returned to the registered location and time for quarantine, the Shipper must explain to the Quarantine Authority.

1.2.4. Strictly fulfill the obligations:

- Goods can only be put into circulation after receiving a quarantine certificate from the Quarantine Authority.

- Comply with the decision of the Quarantine Authority (if any) regarding the consignment.

- For consignments that fail to meet import conditions after quarantine and are ordered to be re-exported, the Shipper must present the import customs declaration, the re-export decision of the Quarantine Authority, and the goods to the Customs Authority where the import procedures were initially processed.

2. Responsibilities of the Quarantine Authority:

2.1. Register and confirm on three copies of the quarantine registration form, returning two copies to the Shipper and retaining one copy.

2.2. After confirming the quarantine registration form, monitor, inspect, issue a quarantine certificate, or handle according to regulations.

2.3. For consignments that have completed customs formalities, before conducting quarantine, compare the goods with the Shipper's declaration and the customs documents. If discrepancies are found, prepare a record and handle according to the law.

2.4. After quarantine, if the goods need to be destroyed, organize destruction in accordance with the law; if the goods are ordered to be re-exported, issue a re-export decision specifying the time for re-export, provide one copy to the Shipper for implementation, and send one copy to the Customs Authority (where the import procedures were initially processed) for coordination; monitor the consignment until re-export is completed; handle violations by the Shipper who fails to strictly implement the re-export decision.

2.5. Timely notify the General Department of Customs of provinces and cities about organizations and individuals who fail to comply with their quarantine commitments, and request compulsory customs procedures for subsequent consignments.

2.6. Once organizations or individuals have implemented the handling decision, the Quarantine Authority (which requested compulsory customs procedures) will issue a confirmation document to be submitted to the Customs Authority to lift the compulsory procedures, clearly stating the enterprise subject to compulsory procedures according to which notification (number, date, violation, handling method).

3. Responsibilities of the Customs Authority:

3.1. For exported goods:

The Customs Authority only requires the submission of the Sanitary Inspection Certificate for goods that must undergo inspection as prescribed by law.

3.2. For imported goods:

3.2.1. When accepting the customs declaration form registration, request the consignor to submit one original Sanitary Inspection Registration Form confirmed by the Inspection Authority; proceed with the procedures as prescribed.

3.2.2. For imported goods that have completed customs procedures and are required to be re-exported according to the decision of the Inspection Authority, the Border Gate Customs (where the import procedures were initially processed) shall compare the import documentation with the actual goods; if they match, proceed with the re-export procedures; if not, prepare a record and notify the Inspection Authority (which issued the re-export decision) for handling according to the law.

3.2.3. For imported consignments that have registered for inspection but are not allowed to be imported due to violations in export-import management policies, the Customs Authority where the procedures were processed shall confirm and clearly state the reasons on the Sanitary Inspection Registration Form (the consignor's copy).

3.2.4. Enforce customs procedures for exported and imported goods of organizations and individuals at the request of the Inspection Authority due to violations of laws concerning the inspection of imported goods that have been registered for inspection.

3.2.5. Lift enforcement when organizations and individuals submit a certified copy and present the original document from the Inspection Authority (which requested enforcement) confirming the implementation of the penalty decision. Certified copies from organizations must be signed, stamped, and verified; individual certified copies are photocopies.

Coordination relations:

4.1. In cases where the Inspection Authority requests to complete the inspection of a consignment before completing customs procedures, the two relevant authorities must closely coordinate with each other, and the Customs Authority will only decide to release the goods after receiving the conclusion from the Inspection Authority.

4.2. Annually, Customs Sub-departments shall convene meetings with related Inspection Authorities to review experiences in coordinating inspections and monitoring goods subject to inspection. If necessary, extraordinary meetings may be organized upon request of the Customs Authority or the Inspection Authority.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect from April 1, 2003. Circulars No. 07/TTLN dated August 31, 1995, jointly issued by the Ministry of Agriculture and Food Industry - Customs, and Joint Circular No. 03/LT-TT dated March 25, 1997, jointly issued by the Ministry of Agriculture and Rural Development - General Department of Customs, are hereby repealed.

2. The General Department of Customs, the Animal Health Service, the Plant Protection Service, and the Aquatic Resources Protection Service are responsible for guiding the implementation of this Circular.

3. Inspection Authorities and Border Gate Customs Sub-departments, during the implementation process, if encountering difficulties, should promptly propose solutions and report to their immediate superior authorities for timely guidance and resolution.