Joint Circular No. 17/2003/TTLT-BTC-BNN-BTS guiding the inspection and supervision of goods for export and import subject to animal quarantine, plant quarantine, and aquatic quarantine.

JOINT CIRCULAR

Joint Circular No. 17/2003/TTLT/BTC-BNN&PTNT-BTS dated March 14, 2003 of the Ministry of Finance - Ministry of Agriculture and Rural Development - Ministry of Aquatic Resources guiding the inspection and supervision of goods for export and import subject to animal quarantine, plant quarantine, and aquatic quarantine

On the basis of Law on Customs No. 29/2001/QH10 dated June 29, 2001;
On the basis of Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989;
On the basis of Ordinance on Veterinary Services dated February 15, 1993;
On the basis of Ordinance on Protection and Plant 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 guide the implementation of inspection and supervision of goods for export and import (as defined in this Circular as goods transported from Vietnam to foreign countries and from foreign countries into the territory of Vietnam) subject to animal quarantine, plant quarantine, and aquatic quarantine as follows:

I. GENERAL PROVISIONS

1. Only goods listed in the catalog of goods for export and import subject to animal quarantine, plant quarantine, published by the Minister of Agriculture and Rural Development, and subject to aquatic quarantine, published by the Minister of Aquatic Resources, must undergo quarantine procedures.

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

3. For non-commercial goods for export and import (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 shall process clearance without requiring submission of a Registration Form for Quarantine or a Certificate of Quarantine, except when the Quarantine Authority notifies that specific goods require quarantine at specific times.

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

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

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

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

II. SPECIFIC PROVISIONS

1. Responsibilities of the Subject:

1.1. For exported goods:

Before exporting goods, the Subject must register and declare to the Quarantine Authority to complete the inspection procedures and obtain a Certificate of Quarantine for goods subject to quarantine as prescribed by law or as required by the buyer.

1.2. For imported goods:

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

1.2.1. When processing customs formalities, in addition to the dossier required by the Customs Authority, the Registration Form for Quarantine confirmed by the Quarantine Authority must be submitted.

1.2.2. After registering for quarantine but not importing the goods anymore, two copies of the Registration Form for Quarantine must be returned to the Quarantine Authority (where confirmation was made). In case the Customs Authority determines that the goods cannot be imported into Vietnam during the import formalities, the Subject must return the Registration Form for Quarantine (the copy of the Subject) with the confirmation of the reason for non-importation by the Customs Authority to the Quarantine Authority (where confirmation was made).

1.2.3. For goods undergoing quarantine procedures after completing customs formalities:

- The goods must be returned to the registered location and time in the Registration Form for Quarantine.

- In cases of force majeure where it is impossible to return the goods to the registered location and time for quarantine, an explanation must be provided to the Quarantine Authority.

1.2.4. Strictly fulfill the obligations:

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

- Comply with the decision on handling issued by the Quarantine Authority (if any) regarding the consignment.

- For consignments that are not fit for import after quarantine and are ordered to be re-exported, when processing export formalities, the customs declaration for import, the decision on re-export issued by the Quarantine Authority, and the goods must be presented to the Customs Authority where the import formalities were processed.

2. Responsibilities of the Quarantine Authority:

2.1. Register and confirm on three copies of the Registration Form for Quarantine, return two copies to the Subject, and retain one copy.

2.2. After confirming the Registration Form for Quarantine, monitor, inspect, issue a Certificate of Quarantine, or handle according to regulations.

2.3. For consignments that have completed customs formalities, before conducting quarantine, compare the goods with the declarations of the Subject and the customs dossier. If there are discrepancies, prepare a record and handle according to the law.

2.4. After quarantine, if the goods need to be destroyed, organize destruction according to the law; if the goods are ordered to be re-exported, issue a Decision on Re-export specifying the time for re-export, provide one copy to the Subject for execution, and send one copy to the Customs Authority (where the import formalities were processed) for coordination; monitor the consignment until re-export is completed; handle violations by the Subject who does not strictly comply with the Decision on Re-export.

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 as registered, and propose compulsory customs procedures for subsequent consignments.

2.6. When an organization or individual has implemented the decision on handling, the Inspection Authority (the authority that proposed the compulsory customs procedure) shall issue a confirmation document to be submitted to the Customs Authority for the removal of the compulsory procedure and the processing thereof, specifying the enterprise subject to compulsory measures under which Notice (number, date, violation, form of handling).

3. Responsibilities of the Customs Authority:

3.1. For exported goods:

The Customs Authority shall only require the submission of a Health Certificate for goods that must undergo inspection as provided by law.

3.2. For imported goods:

3.2.1. Upon receiving the customs declaration dossier, the Customs Authority shall request the consignor to submit one original Declaration of Inspection, which has been confirmed by the Inspection Authority, and process it according to regulations.

3.2.2. For imported goods that have completed customs procedures and are required to be re-exported pursuant to a decision of the Inspection Authority or the Border Gate Customs Authority (where the import procedures were carried out), the Border Gate Customs Authority shall compare the import dossier with the actual goods. If they match, the re-export procedures shall be processed; if not, a record shall be made, and the Inspection Authority (which issued the decision for re-export) shall be notified for handling in accordance with the law.

3.2.3. For import 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 carried out shall confirm this and specify the reason on the Declaration of Inspection (the consignor's copy).

3.2.4. Compulsory customs procedures shall be enforced against the goods of organizations and individuals at the proposal of the Inspection Authority due to violations of laws concerning the inspection of registered imported goods.

3.2.5. The compulsory measures shall be lifted when an organization or individual submits a copy and presents the original document from the Inspection Authority (the authority that proposed the compulsory measures) confirming the implementation of the handling decision. An organizational copy must be certified, signed, and stamped, while an individual copy is a photocopied version.

4. Coordination relationship:

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

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

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect from April 1, 2003. Circular Joint No. 07/TTLN dated August 31, 1995 of the Ministry of Agriculture and Food Industry - Customs and Joint Circular No. 03/LT-TT dated March 25, 1997 of 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 shall be responsible for guiding the implementation of this Circular.

3. During the implementation, the Inspection Authorities and Border Gate Customs Sub-departments shall promptly propose solutions and report any difficulties to their immediate superior authorities for timely guidance and resolution.