JOINT CIRCULAR No. 17-LB REGULATING THE RULES FOR EXPORT AND IMPORT OF LUGGAGE OF PASSENGERS ENTERING AND EXITING THE COUNTRY.

CIRCULAR

Regulations on the import and export of passengers' luggage.

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Based on Decree No. 512-TTg dated April 16, 1955 of the Prime Minister regarding the regulations on foreign trade management, the Ministry of Foreign Trade and Finance hereby promulgates these regulations on the import and export of passengers' luggage to ensure foreign trade management policies and appropriately address the needs of passengers.

I. WHAT IS LUGGAGE

Luggage is personal items carried by passengers for their own use or for their family's use. Due to different living habits, customs, work purposes, and border crossing objectives of passengers, the types of items carried may vary. However, the fundamental nature of luggage remains limited to personal or family use, regardless of whether they are new or old.

Luggage can be carried on person or sent separately. Luggage can arrive before the passenger enters the country or after. Regardless of the situation, all luggage carried on person or sent separately (sent before or after) still falls within the scope of items limited to personal or family use.

Luggage differs from goods intended for sale; therefore, the principle is that when a passenger enters the country with certain items, they must take those same items out upon departure, or conversely, when a passenger departs with certain items, they must bring back those same items declared upon entry, except for food or other consumables used during travel and stay.

II. REGULATIONS ON THE IMPORT AND EXPORT OF LUGGAGE

1. Luggage for import and export is exempt from import and export permits. Items exceeding the scope of personal or family use of passengers entering or exiting the country shall not be considered as luggage and shall not be imported or exported without a permit from Customs.

2. Luggage for import and export must comply with the conditions stipulated in the following appendices:

- Appendix No. 1 includes prohibited items for import and export under the guise of luggage.

- Appendix No. 2 includes items permitted for import and export under the guise of luggage, subject to specified conditions.

- Appendix No. 3 includes items allowed for import and export with limited quantities, applicable to all passengers entering or exiting the country.

3. Appendix No. 3 applies to Vietnamese officials traveling abroad for work and students (including interns) returning from studying abroad.

4. The conditions stipulated in Appendix No. 3 do not apply to officials who frequently travel abroad or enter the country, residents of the Vietnam-China border region who are regularly permitted to cross borders for exchanges, diplomatic delegations, and experts invited to work in the Democratic Republic of Vietnam. Special provisions will be made for returnees.

5. Prohibited items (Appendix No. 1), even if declared by passengers on the luggage declaration form, shall not be taken out of the country.

The owner of such items, when entering Vietnam, has the right to send them back outside the country or store them at the Customs office with a receipt, and retrieve them when leaving Vietnam within six months (or five days if they are flammable items). If the deadline is exceeded, and the items are not retrieved by the passenger or their representative, Customs will dispose of them and deposit the proceeds into the public treasury. This provision does not apply to items smuggled to avoid Customs control; if discovered, they will be treated as illegally imported or exported prohibited items. For prohibited items declared to Customs but deemed harmful to politics, morality, or hygiene, Customs will coordinate with relevant agencies to handle them.

6. To strictly implement the standards set forth in Appendix No. 3, note the following points:

a) Appendix No. 3 sets general standards. Customs at border checkpoints must consider each specific case based on the nature of the passenger and apply appropriate standards.

b) Passengers carrying luggage (or sending it separately) listed in Appendix No. 3 exceeding the specified quantity shall not be allowed to exceed the standard. In exceptional cases, if the excess quantity is small and clearly for personal use, Customs may allow it provided full taxes are paid. For significant excesses, the provisions of Point 5, Section II shall apply.

c) Passengers temporarily staying abroad for no more than six months or entering the Democratic Republic of Vietnam for no more than six months must carry all declared items listed in Appendix No. 3 when returning or departing. If any items are missing, Customs will treat them as contraband, except in special cases with valid reasons recognized by Customs.

7. Transit luggage listed in Appendix No. 3, if not fully presented at the point of departure as declared upon entry, will be treated as contraband, except in special cases with valid reasons recognized by Customs.

Acts exploiting luggage standards for speculation or trade will be treated as illegal import and export and punished according to current regulations.

III. CUSTOMS PROCEDURES

Passengers and luggage carried (or sent separately) must pass through locations where Customs offices are stationed.

Luggage within the prescribed standard and confirmed by Customs is exempt from all taxes but must be declared to Customs and subject to Customs inspection. The Customs Declaration Form for luggage is determined by the Central Customs Office.

The Central Customs Office will determine the declaration locations for luggage import and export for each locality and the detailed procedures for implementing this circular.