Decision No. 52/2003/QD-BTC on the issuance of regulations regarding conditions for establishing and managing the operation of customs clearance locations and non-border gateways inspection sites.

 

Pursuant to …;

Regarding the issuance of regulations on conditions for establishing and managing the operation of customs clearance locations and non-port inspection locations

THE MINISTER OF FINANCE

Pursuant to Article 17 of the Customs Law No. 29/2001/QH10 adopted by the National Assembly on June 29, 2001

Pursuant to Decree No. 101/2001/ND-CP dated December 31, 2001 of the Government detailing the implementation of certain provisions of the Customs Law regarding customs procedures, customs inspection, and supervision regimes

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies

Implementing the opinion of the Prime Minister at Official Letter No. 1697/CP-KTTH dated December 31, 2002 of the Government

Considering the proposal of the General Director of the General Department of Customs

Pursuant to …;

Article 1: Issued together with this Decision is the Regulation on Conditions for Establishing and Managing the Operation of Customs Clearance Locations and Non-port Inspection Locations.

Article 2: This Decision shall take effect fifteen days from the date of publication in the Official Gazette. The Decision No. 1495/2001/QD-TCHQ dated December 26, 2001 of the General Director of the General Department of Customs on customs clearance locations and non-port inspection locations and other related guiding provisions are hereby abolished.

Article 3: The General Director of the General Department of Customs, Heads of units under and affiliated to the Ministry of Finance, People's Committees of provinces and centrally governed cities, and organizations and individuals concerned are responsible for implementing this Decision.

 

 

REGULATIONS

On conditions for establishing and managing the operation of customs clearance locations and non-port inspection locations
(Issued together with Decision No. 52/2003/QD-BTC dated April 16, 2003 of the Minister of Finance)

I. GENERAL PROVISIONS

Article 1: The establishment of a customs clearance location must comply with the following principles:

1- To alleviate congestion of import and export goods at ports, creating favorable conditions for import and export activities, investment, and modernization of customs management.

2- A customs clearance location outside the port may be established not too far from the port and must have all necessary conditions to carry out customs inspection, supervision, and control, preventing smuggling and commercial fraud.

3- The locality establishing a customs clearance location outside the port must have a large volume of import and export trade, including many enterprises registering to handle customs procedures for import and export goods at this location to ensure its long-term and effective operation.

Article 2: A customs clearance location outside the port is where the customs procedures specified in Article 16 of the Customs Law are carried out.

A customs clearance location outside the port includes the office of the Customs Sub-Department outside the port and a warehouse system meeting the requirements for storing goods and customs inspection and supervision.

Article 3: A non-port inspection location for export and import goods is where the customs authority conducts physical inspections of export and import goods, including:

1- Warehouses and yards within the customs clearance location outside the port as specified in Article 2.

2- Centralized inspection location: A place where export and import goods are gathered for customs inspection (including Container Freight Station (CFS), which consolidates multiple small shipments into larger consignments for export and consolidates imported shipments from multiple consignees under a single transport document).

3- Construction site: A place where imported machinery, equipment, and materials for construction projects are gathered.

4- Production site: A factory or enterprise production facility (applicable to export and import goods requiring specific storage, packaging, hygiene, technology, safety conditions; factories with large and regular volumes of export and import goods).

II- CONDITIONS AND PROCEDURES FOR ESTABLISHING CUSTOMS CLEARANCE LOCATIONS OUTSIDE PORTS

Article 4: Conditions for establishment:

The organization applying to establish a Non-Customs Border Facility (referred to in this Part II as the Facility) must be a business established and operating in accordance with the Law. The business proposing to establish the Facility must meet all of the following conditions:

1- Have a business registration for the industry of cargo handling and transportation of imported and exported goods.

2- Be approved by the People's Committee of the province or centrally governed city where the Facility is to be established and submit a request to the Ministry of Finance.

3- The area for establishing the Facility must satisfy the following conditions:

3.1- Located in a convenient transportation area, within 30 kilometers from the port or airport;

3.2- Located in an area concentrated with many businesses engaged in import and export activities (when established, it has the potential to attract at least 30 businesses to regularly handle customs procedures);

3.3- Warehouses, yards, and auxiliary facilities must meet the requirements for physical inspection of goods, supervision by the Customs authority, security, fire safety, environmental hygiene, and have separate offices for the Customs authority to perform their duties according to regulations;

3.4- Must have a wall separating it from surrounding areas to ensure management and supervision requirements of the Customs authority;

3.5- Must have material and technical infrastructure, transport means suitable for the requirements of loading, unloading, storing, preserving goods, and inspection and supervision by the Customs authority;

3.6- Must be managed by computer and connected to the Customs authority's computer system;

3.7- The Facility must have sufficient conditions for the Customs authority to install inspection and monitoring equipment such as scanners, cameras, etc.

Article 5: Documents for application to establish:

1- Application form for establishing the Facility: Two original copies (according to Form No. 01 attached);

2- Business registration certificate: One copy;

3- Economic and technical construction justification: One copy;

4- Operating regulations: One original copy;

5- Request document of the provincial or centrally governed city People's Committee: One original copy;

6- Legal documents on land use rights for constructing the Facility: One copy.

Article 6: Procedures and authority to decide on establishment:

1- The application documents for establishing the Facility are submitted to the Provincial or Central City Customs Department (hereinafter referred to as the Customs Department).

1.1- The Customs Department conducts an assessment of the business's proposal. The assessment includes:

- Checking the documents

- Surveying the actual warehouse site

- Evaluating compliance with the conditions stipulated in Clause 3, Article 4 of this regulation.

1.2- Within fifteen working days from the date of receiving complete and valid documents from the business, the Customs Department completes the assessment, reports the results to the General Director of the General Customs Department, along with recommendations regarding the allocation of civil servants within the department's staffing quota to meet the operational requirements of the newly established Facility.

1.3- Within ten working days from the date of receiving complete documents and the assessment report from the Customs Department, the General Director of the General Customs Department submits to the Minister of Finance for a decision to establish the Facility. In case of non-acceptance, the Ministry of Finance will issue a reply to the business and the provincial or centrally governed city People's Committee.

2- Annually or when signs of law violations are detected, the Customs Department shall conduct inspections on the compliance with Customs laws by businesses permitted to establish and operate the Facility. If violations are found, they will be handled according to the law or reported to the General Customs Department for the Minister of Finance to revoke the establishment decision based on the severity of the violation.

3- The Minister of Finance decides to revoke the establishment decision in the following cases:

- The business requests to cease operations through a formal letter;

- More than six months from the date of the establishment decision, the business does not put the Facility into operation without a legitimate reason;

- When the business operating the Facility violates Customs laws as stipulated in Clause 2 of this Article;

- The business has been allowed to operate but fails to maintain the conditions stipulated in Clause 3, Article 4 of this regulation.

4- Based on the scale of import and export activities, the business's recommendation, and the geographical location and operational conditions of the Facility, after obtaining the opinion of the provincial or centrally governed city People's Committee where the Facility operates, the Customs Department Director decides whether to allow the business to reduce or expand the Facility (to adjacent areas); the General Director of the General Customs Department permits relocation or expansion of the Facility (to non-adjacent areas).

III- CONDITIONS AND PROCEDURES FOR ESTABLISHING NON-CUSTOMS BORDER FACILITIES FOR INSPECTING IMPORTED AND EXPORTED GOODS (HEREINAFTER REFERRED TO AS INSPECTION FACILITY)

Article 7: For centralized inspection facilities:

1- Conditions for establishment:

1.1- The business must have a business registration for the industry of cargo handling and transportation of imported and exported goods;

1.2- The area for establishing the Inspection Facility must meet the conditions stipulated in Clause 3, Article 4 above.

2- Set of establishment documents: As specified in Article 5 above (excluding the request document of the provincial or centrally governed city People's Committee).

3- Establishment procedures: Implemented according to the provisions of Article 6 above.

4- Authority to decide on establishment: Based on the assessment document and the Customs Department's recommendation, the General Director of the General Customs Department decides to establish the Inspection Facility.

Article 8: For inspection facilities located at construction sites or production sites:

1- The Customs Department Director bases on the provisions of Clauses 3 and 4 of Article 3 above and related regulations to issue a decision recognizing the Inspection Facility.

An inspection facility located at a construction site can only operate during the construction period of the factory or project.

2- Recognition procedures:

- The business submits an application to the Customs Department. The application must clearly state the special nature of the goods, the volume of imported and exported goods, and the requested recognition period (for inspection facilities located at construction sites).

- Within three working days from the date of receiving a valid application from the business, the Director of the Customs Department issues a recognition document or replies to the business if not accepted (specifying the reasons).

IV- RESPONSIBILITIES OF BUSINESSES, CUSTOMS AUTHORITIES, AND PROVINCIAL OR CENTRALLY GOVERNED CITY PEOPLE'S COMMITTEES

Article 9: Responsibilities of enterprises operating Customs Procedure Locations outside ports and Goods Inspection Locations:

1- Fulfill all requirements regarding establishment conditions as stipulated in Article 4 above.

2- Ensure the original condition of goods, customs seals, and carrier seals during the storage period at these Locations.

3- Facilitate the State management functions of the Customs authorities according to the provisions of the Law.

4- Fully comply with legal regulations on customs procedures for exported and imported goods.

5- Bear responsibility for managing goods within the area of Customs Procedure Locations and Goods Inspection Locations outside the working hours of the Customs authorities.

6- Be responsible before the shipper for goods stored at centralized Customs Procedure Locations and Goods Inspection Locations.

7- Bear legal responsibility if related to smuggling and commercial fraud involving exported and imported goods occurring within the area of Customs Procedure Locations and Goods Inspection Locations managed and operated by the enterprise.

Article 10: Responsibilities of Customs:

The area inside the boundary fence of Customs Procedure Locations and Goods Inspection Locations constitutes the scope of Customs operations. Responsibilities of the Customs authority:

1- During working hours, the Customs authority shall be responsible for:

a- Processing customs formalities for exported and imported goods transferred between ports in accordance with the provisions of the law.

b- Inspecting, supervising, and controlling customs activities related to exported and imported goods within this operational area.

2- Coordinate with functional agencies in the task of preventing and combating smuggling and commercial fraud outside the Customs Procedure Locations and Goods Inspection Locations and outside working hours.

Article 11: Responsibilities of the People's Committee of provinces and centrally governed cities:

1- Select enterprises meeting the required conditions to operate Customs Procedure Locations and bear responsibility for such selection. When selecting, economic efficiency and the management, inspection, and control capabilities of the Customs authority and other state management agencies must be considered; avoid establishing too many locations (except for provinces and cities with large ports and numerous industrial zones, where only one location may be established if the required conditions are met).

2- Manage the activities of enterprises operating Customs Procedure Locations in accordance with the provisions of the Law.

3- Direct functional agencies located in the area to closely cooperate in combating smuggling and commercial fraud outside the Customs Procedure Locations and Goods Inspection Locations; implement measures to ensure social security and create favorable conditions for the operation of enterprises operating Customs Procedure Locations, export-import enterprises, and the Customs authority.

V- IMPLEMENTATION PROVISIONS

Article 12: Customs Procedure Locations and Goods Inspection Locations established prior to the issuance of this regulation shall continue their operations, but must meet all conditions specified in this Decision within a maximum period of six months from the date this Decision takes effect. After this period, if enterprises fail to meet the required conditions, the Locations must cease operations.

ANNEX NO. 01

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

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

APPLICATION FOR ESTABLISHING A CUSTOMS PROCEDURE LOCATION/GOODS INSPECTION LOCATION FOR EXPORTED AND IMPORTED GOODS OUTSIDE PORTS

Respectfully submitted to: General Department of Customs.

Respectfully submitted to: Provincial/City Customs Office...

Company...

We respectfully request your esteemed agency to consider recognizing the Customs Procedure Location/Goods Inspection Location for exported and imported goods outside ports of our company at...

.........................................................................................................................

Enclosed with this Application, our company...

hereby submits the dossier as prescribed in Article 5 of Decision No. 52/2003/QD-BTC dated April 16, 2003, of the Minister of Finance, concerning the establishment conditions and management of Customs Procedure Locations and Goods Inspection Locations outside ports, including:

.........................................................................................................................

.........................................................................................................................

.........................................................................................................................

Our company solemnly declares that we will bear legal responsibility for the enclosed dossier containing the aforementioned documents being lawful and that our company will fully meet the conditions stipulated in Article 5 and other provisions of Decision No. .../2003/QD-BTC dated ..., ..., 2003, of the Minister of Finance, concerning the establishment conditions and management of Customs Procedure Locations and Goods Inspection Locations outside ports.

Director of the Company

(Signature and stamp)