JOINT CIRCULAR No. 297-TT/LB REGULATING THE IMPORT AND EXPORT OF LUGGAGE FOR VIETNAMESE DRIVERS, WORKERS, ENGINEERS, AND SEAMEN PERFORMING ROUTINE CROSS-BORDER TRANSPORT VIA LAND AND RIVER ROADS.

CIRCULAR

JOINT MINISTRY OF TRANSPORT AND CUSTOMS - GENERAL DEPARTMENT OF CUSTOMS

JOINT CIRCULAR NO. 297-TT/LB DATED MARCH 15, 1986

REGULATIONS ON THE EXPORT AND IMPORT OF PERSONAL EFFECTS OF VIETNAMESE OFFICIALS, WORKERS, DRIVERS, ENGINEERS, AND CREWMEMBERS PERFORMING ROUTINE CROSS-BORDER TRANSPORTATION VIA LAND AND RIVER BORDERS; AND VIETNAMESE CREWMEMBERS WORKING ON VIETNAMESE SHIPS OPERATING ON INTERNATIONAL MARITIME ROUTES.

VIETNAMESE SEAFARERS ON INTERNATIONAL MARITIME ROUTES

Implementing Directive No. 202-HĐBT dated July 10, 1985 of the Council of Ministers on improving customs inspection and control at airports, ports, and other border gates, the Joint Ministry of Transport and Customs stipulates the export and import regulations for personal effects of Vietnamese drivers, engineers, and crewmembers working on transportation vehicles frequently crossing the Vietnam-Laos and Vietnam-Cambodia borders via land and river routes (hereinafter referred to as Vietnamese drivers and engineers); and Vietnamese crewmembers working on Vietnamese ships operating on international maritime routes (hereinafter referred to as Vietnamese crewmembers) for consistent implementation by relevant departments under the Ministry of Transport, customs authorities at all levels, and individuals working on the aforementioned transportation means.

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1. Personal effects of Vietnamese drivers, engineers, and crewmembers must be declared and subject to inspection, supervision, and management by the border customs.

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

2. Such personal effects must comply with the provisions of this Circular and not fall within the categories of prohibited exports or imports listed in the annex to Circular No. 9-TT/LB/TC/NgT dated March 25, 1983 issued by the Joint Ministry of Finance and Foreign Trade.

3. Any acts of exporting or importing personal effects contrary to this Circular shall be dealt with according to the current laws of the Socialist Republic of Vietnam.

II. STANDARDS FOR PERSONAL EFFECTS FOR EXPORT AND IMPORT

A. Standards for Exported Personal Effects:

1. Each time leaving the country, Vietnamese drivers, engineers, and crewmembers may carry the following items duty-free:

a) Clothing, footwear, daily-use items, and occupational tools intended for personal use during their stay abroad;

b) Two hundred grams of common medicines;

c) Five packs of cigarettes (each pack containing ten boxes, each box containing twenty cigarettes), sold by state trading enterprises;

d) One wristwatch or pocket watch;

e) One piece of gold jewelry not exceeding two taels, as specified by the State Bank of Vietnam;

g) One camera;

Used or consumed items (a, b, c) upon return to the country must be fully returned with items (d, e, g) that were carried out at departure.

2. For Vietnamese drivers and engineers, additional provisions apply as follows:

a) For trips lasting one day, no goods may be carried.

b) For trips lasting from two to seven days, goods up to a value of nine hundred Vietnamese dong (based on the non-commercial import-export tax rate set by provincial, municipal, and centrally-administered special zone tax authorities) may be carried duty-free.

c) For trips lasting from eight to fourteen days, goods up to a value of two thousand Vietnamese dong (based on the non-commercial import-export tax rate as specified in Section A, Point 2b) may be carried duty-free.

d) For trips lasting from fifteen to twenty days, goods up to a value of two thousand five hundred Vietnamese dong (based on the non-commercial import-export tax rate as specified in Section A, Point 2b) may be carried duty-free.

e) For trips lasting twenty days or more, goods may be carried as specified in Section A, Point 2b; and starting from the twenty-first day, an additional amount of goods up to a value of one hundred Vietnamese dong (based on the non-commercial import-export tax rate as specified in Section A, Point 2b) may be carried each day.

The number of days for travel and return must be clearly stated on the travel permit signed by the head or authorized representative of the enterprise or transport unit (must include the full name of the signatory and the seal of the unit or enterprise) and must be presented to the border customs when departing.

3. Goods carried in excess of the value or quantity specified will not be allowed to be exported.

B. Standards for Imported Personal Effects:

1. For Vietnamese drivers and engineers.

In addition to the personal effects carried during a business trip (as specified in Section A, Point 1), upon entry, they may bring back duty-free goods as follows:

a) For trips lasting from two to seven days, goods up to a value of nine hundred Vietnamese dong (based on the non-commercial import tax rate set by provincial, municipal, and centrally-administered special zone tax authorities if proof is provided that equivalent value goods were taken out) may be brought back, including no more than five packs of cigarettes (each pack containing ten boxes, each box containing twenty cigarettes), produced in Laos, Cambodia, or Vietnam.

b) For trips lasting from eight to fourteen days, goods up to a value of two thousand Vietnamese dong may be brought back, subject to the other provisions as specified in Section B, Point 1.a.

c) For trips lasting from fifteen to twenty days, goods up to a value of two thousand five hundred Vietnamese dong may be brought back, subject to the other provisions as specified in Section B, Point 1.a.

d) For trips lasting twenty days or more, goods may be brought back as specified in Section B, Point 1.c, and starting from the twenty-first day, an additional amount of goods up to a value of one hundred Vietnamese dong (based on the non-commercial import tax rate as specified in Section B, Point 1.a) may be brought back each day.

Goods carried back in excess of the value or quantity specified must pay the non-commercial import tax to the border customs, and the excess tobacco must be sold to state trading enterprises at a price lower than the retail selling price by 10% to 20%, as stipulated in Directive No. 202-HĐBT dated July 10, 1985 of the Council of Ministers.

2. For Vietnamese crewmembers.

a) Regarding goods:

a.1) Duty-free goods: Upon entry, in addition to the personal effects listed in Point 1 of Section A, they may purchase and bring back goods equal to the lawful foreign currency income recognized for each individual:

a. 1) Tax-free goods: In addition to the items listed in point 1, Section A, upon entry, each person may purchase and bring back to their home country a certain amount of goods using legally recognized foreign currency income they have earned:

- If the foreign currency income is solely used to purchase goods for personal use, the tax exemption amount enjoyed is 3.3 USD/day (calculated based on the number of departure and return days).

- If all remaining lawful foreign currency income is used to purchase goods encouraged for import by the State and sold to the State according to the provisions of point a. 4 below, the tax exemption amount enjoyed is 4 USD/day (calculated based on the number of departure and return days).

a. 2) Goods subject to import duties; The quantity of goods purchased with foreign currency exceeding the tax-exempt limit but within the total lawful foreign currency income of each person for a single trip and declared upon entry, shall be subject to non-trade import duties at the border customs office (based on the non-trade import duty price determined by the provincial, municipal, or centrally-administered city tax authority for each period).

a. 3) Goods not encouraged for import by the State: Within the lawful foreign currency income, Vietnamese seafarers may bring back the following quantities and within the specified time periods:

- Foreign cigarettes: For trips under three months, no more than two cartons (one carton equals ten packs, each pack containing twenty cigarettes) per entry; for trips over three months, no more than five cartons of the same type per entry.

- Hunting rifles: One per entry, with a one-year interval between entries, but must have a permit from the provincial, municipal, or centrally-administered city public security agency.

- Air rifles: One per entry, with a one-year interval between entries.

- Motorcycles up to 125cc: One per year; motorcycles above 125cc are not permitted to be imported.

- Violin sets: One complete set per year, but must have prior permission from the General Department of Electronics and the Ministry of Culture. If such permission is obtained, the provincial customs office will issue the import permit.

If the aforementioned goods are brought back within the lawful foreign currency income but exceed the specified quantity or time frame, the excess portion must be subject to non-trade import duties at the border customs office and must be sold to state-owned trade enterprises at a price 10% to 20% lower than the retail selling price as stipulated in Directive No. 202-HĐBT dated July 10, 1985 of the Council of Ministers.

a. 4) Goods encouraged for import by the State: Vietnamese seafarers using lawful foreign currency income may purchase and bring back unlimited quantities and types of such goods without being subject to taxes.

Encouraged import goods include spare parts and equipment for shipbuilding, ship repair, and transportation such as:

- Various types of automobile parts;

- Various types of paint;

- Various types of electrical wires and light bulbs;

- Various types of marine machinery and equipment;

- Various types of bearings;

- Various types of mechanical tools;

- Special-purpose materials and tools for marine scientific research;

- Raw materials for production...

Such specialized goods for the Transportation sector, regardless of whether purchased by individuals or collectives, must be sold to the Supply and Equipment Company of the General Department of Maritime Transport under the Ministry of Transport, or to the Marine Transport Company under the Provincial Department of Transport (if it is a provincial vessel), or to the State Supplies Board at a reasonable price as stipulated in Directive No. 202-HĐBT dated July 10, 1985 of the Council of Ministers (at wholesale supply prices or at cost price in original currency multiplied by the exchange rate of remittances; in both cases, an additional percentage sufficient to encourage Vietnamese seafarers to sell these goods to the State at a better profit than other goods).

a. 5) Industrial consumer goods:

Vietnamese seafarers purchasing industrial consumer goods with lawful foreign currency income after completing customs procedures (including duty-free or taxed goods) shall own such goods; when sold, they must be sold to state-owned trade enterprises and paid in cash at a reasonable price (5% to 10% lower than the retail selling price as stipulated in Directive No. 202-HĐBT dated July 10, 1985 of the Council of Ministers, and may not be sold to private traders.

For pharmaceuticals, current regulations of the Ministry of Health shall apply.

b) Lawful foreign currency income includes:

- Pocket money saved according to the regulations of the Ministry of Finance;

- Savings from food allowances prescribed by the State (not exceeding fifteen percent of the daily allowance prescribed by the State for each person);

- Various types of bonuses;

- Overtime pay;

For Vietnamese vessels going abroad for repairs, overtime pay must be approved by the General Department of Maritime Transport or the Provincial Department of Transport (for local vessels) and notified to the provincial customs office before the vessel departs.

- Bonuses, food allowances, and overtime pay saved must be confirmed by the Director of the Marine Cargo Company.

c) Calculation of the value of goods purchased with lawful foreign currency income:

c. 1) To establish a legal basis for calculating the value of goods brought back by Vietnamese seafarers using lawful foreign currency income, the original currency price must be accurately declared during customs procedures, accompanied by valid invoices issued by authorized sellers or manufacturers in the exporting country. If there is no invoice or if the invoice is invalid, the border customs office will base the valuation on the monthly published list of foreign goods prices in original currency by the General Customs Department.

c. 2) For used goods purchased by Vietnamese seafarers and brought back, the valuation is calculated as follows:

- Goods still having a usage value of ninety percent or more are considered new;

- Goods with a usage value less than ninety percent are considered used and valued at one quarter of the price of new goods.

III. CUSTOMS PROCEDURES

1. Implement the export-import baggage registration book for drivers, ship captains, and seafarers, uniformly issued and managed by the General Customs Department.

2. Apply the customs declaration for luggage of Vietnamese seafarers upon importation, and the customs declaration for luggage upon importation and exportation for Vietnamese drivers and train operators, according to the model prescribed by the General Department of Customs.

3. When Vietnamese vessels depart from the country and wish to carry with them certain items produced in Vietnam as gifts (which are not prohibited from exportation), or wish to import goods (which are not prohibited from importation) for their collective organizations (offices, trade unions) within the marine transportation sector, they must obtain prior permission from the provincial customs office. In cases where permission is sought for importing goods for collective organizations, an export foreign currency permit issued by the State Bank of Vietnam must be attached.

If permission is granted for export or import, then all non-commercial goods subject to such exportation or importation must be taxed by the customs office at the port of entry.

4. For Vietnamese vessels that frequently travel abroad, it is permitted to store on board and export or import duty-free for each voyage up to twenty bottles of wine (each bottle being 0.75 liters); ten cartons of foreign cigarettes (each carton containing ten packs, each pack containing twenty cigarettes); and five crates of beer (each crate containing twenty-four bottles, each bottle being 0.05 liters) for entertaining foreign guests.

These goods must be declared to the customs office when the vessel enters or exits the country.

It is recommended to use Vietnamese wine, beer, and cigarettes for entertaining foreign guests. Absolutely do not use foreign beer, wine, or cigarettes for entertaining domestic guests.

5. For gifts presented to Vietnamese vessels by foreign companies, the captain must complete all customs procedures upon the vessel's entry and record these items in the ship's asset register as prescribed by the state.

6. If Vietnamese vessels transport additional cargo or luggage belonging to Vietnamese citizens working, studying, or laboring abroad, the captain must declare this upon entry and complete all customs procedures with the customs office at the port of entry.

If the quantity of luggage or cargo exceeds five pieces, in addition to declaring and completing customs procedures with a bill of lading, it must also be recorded in the ship's cargo declaration list.

7. The customs inspection and control procedures at the port of entry will only be conducted once,

either upon departure or arrival of the vessel.

Vietnamese seafarers are only entitled to declare all luggage and cargo to the customs office at the designated port of entry once.

After inspection, the customs office at the port of entry has the responsibility to complete all necessary procedures so that the non-commercial luggage and cargo of Vietnamese seafarers can be released and legally circulated immediately.

Imported goods must be brought ashore immediately after completing customs procedures; they may not remain on the vessel.

In cases where goods cannot be brought ashore, the captain must report to the customs office at the port of entry for confirmation.

Should a second inspection be required due to suspicion, it must be decided by the provincial customs office, and the managing company's director must be notified immediately. If deemed necessary, the managing company's director may witness the inspection.

8. When customs officers board Vietnamese vessels to perform their duties, the captain and crew members are not allowed to give gifts or organize banquets or meals for them.

IV. HANDLING VIOLATIONS.

1. Any actions contrary to the provisions of this Circular, such as illegal importation or exportation of goods; concealing imported or exported goods without declaring to the customs office at the port of entry; illegal importation or exportation of prohibited goods, etc., shall be considered smuggling or illegal transportation of goods across borders. Depending on the nature and severity of the violation, administrative penalties will be imposed according to Decree No. 46-HĐBT dated May 10, 1983 of the Council of Ministers (regulating administrative measures for minor violations of smuggling or illegal transportation of goods across borders) and current customs regulations; or criminal liability may be pursued (under the Criminal Code of the Socialist Republic of Vietnam).

2. Goods carried back by Vietnamese drivers, train operators, and seafarers upon each entry, which have been declared to the customs office at the port of entry but exceed the prescribed value, quantity, time limit, or lawful income in foreign currency, etc., will be handled according to Directive No. 301-TCHQ/PC dated March 15, 1986 of the General Department of Customs guiding the implementation of this Circular.

3. Goods illegally exported or imported discovered by the customs office at the port of entry on Vietnamese vessels, trucks, or trains entering or exiting the country, but without a recipient, the captain or responsible officer, or driver must take responsibility for these goods and will be handled as stipulated in point 1 of Part IV.

V. IMPLEMENTATION PROVISIONS.

This Circular takes effect from May 1, 1986.

All previous regulations inconsistent with this Consolidated Document of the Inter-Ministerial Circular are hereby abolished.