Decision No. 55/2003/QD-BTC promulgates regulations on customs procedures, customs control, and supervision for international through-train entering and exiting the country.

MINISTRY OF FINANCE ********	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ********
Number: 55/2003/QĐ-BTC	Hanoi, April 16, 2003

 

Pursuant to …;

OF THE MINISTER OF FINANCE NUMBER 55/2003/QĐ-BTC DATED APRIL 16, 2003 ISSUING REGULATIONS ON CUSTOMS PROCEDURES, CUSTOMS CONTROL AND SUPERVISION FOR INTERNATIONAL RAILWAY CARRIERS ENTERING AND LEAVING THE COUNTRY

THE MINISTER OF FINANCE

Pursuant to the Law on Customs No. 29/2001-QH10 adopted by the National Assembly of the Socialist Republic of Vietnam at its tenth session, ninth meeting on June 29, 2001;
Pursuant to Decree No. 101/2001/NĐ-CP dated December 31, 2001 of the Government detailing implementation of certain Articles of the Law on Customs regarding customs procedures and customs inspection and supervision systems;
Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Considering the proposal of the Director General of the General Department of Customs.

Pursuant to …;

Article 1:

The attached Decision promulgates regulations on customs procedures, customs control and supervision for international railway carriers entering and leaving the country.

Article 2:

This Decision takes effect fifteen days from the date of publication in the Official Gazette. It revokes Decision No.

1551/2001/QĐ-TCHQ dated December 26, 2001 of the Director General of the General Department of Customs and other guiding documents that conflict with this Decision.

Article 3:

The Director General of the General Department of Customs, Heads of units under the Ministry of Finance, and related organizations and individuals are responsible for implementing this Decision.

 

Truong Chi Trung (Signed)

 

REGULATIONS

ON CUSTOMS PROCEDURES, CUSTOMS CONTROL AND SUPERVISION FOR INTERNATIONAL RAILWAY CARRIERS ENTERING AND LEAVING THE COUNTRY
(Attached to Decision No. 55/2003/QĐ-BTC dated April 16, 2003 of the Minister of Finance)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Explanation of terms:

- International through-train (referred to as the train) includes locomotives and carriages crossing the border.

- International through-railway station (referred to as the through-railway station) includes border through-railway stations and domestic through-railway stations.

2. The train upon entry must be processed for customs clearance immediately after arriving at the border through-railway station. The train upon exit must be processed for customs clearance before departing from the border through-railway station.

The time point for determining the arrival of the train and imported goods at the border through-railway station is the time when the Border Gate Customs Sub-Department stamps and accepts the documents submitted by the Train Captain or his authorized representative (hereinafter referred to as the Train Captain) according to regulations.

3. The Station Master of the through-railway station shall notify the Border Gate Customs Sub-Department in writing at least one hour prior to the time of arrival, departure, location, and time of loading and unloading goods onto and off the train.

4. The Train Captain shall be responsible for:

a. Notifying the Border Gate Customs Sub-Department of information about exported and imported goods, passengers entering and exiting the country, and other relevant information concerning customs management.

b. Ensuring the integrity of exported and imported goods during transportation from domestic through-railway stations to the border and vice versa.

c. Fulfilling customs requirements for inspection and search of the train.

5. Place of customs procedures for exported and imported goods and baggage:

a. Imported goods with a bill of lading indicating a destination through-railway station shall be processed for customs clearance and released at the Border Gate Customs Sub-Department of that through-railway station.

b. Exported goods dispatched from a domestic through-railway station shall be processed for customs clearance at the Border Gate Customs Sub-Department of that through-railway station. If customs clearance is conducted at another Border Gate Customs Sub-Department, it shall be carried out according to the procedure for goods exported through a different port of exit.

c. Baggage carried by passengers entering and exiting the country shall be processed for customs clearance at the Border Gate Customs Sub-Department of the border through-railway station.

d. Checked baggage not carried by passengers exiting the country shall be processed for customs clearance at the Border Gate Customs Sub-Department where the passenger checked the baggage. Checked baggage not carried by passengers entering the country shall be processed for customs clearance at the Border Gate Customs Sub-Department indicated on the baggage check-in slip of the passenger.

6. Supervision of trains entering from the border into the border through-railway station and vice versa shall be carried out by patrolling and inspecting forces of the customs or by other technical means.

II. CUSTOMS PROCEDURES AND CUSTOMS SUPERVISION FOR TRAINS:

A. FOR TRAINS ENTERING THE COUNTRY;

1. At the border through-railway station:

1.1. Responsibilities of the Train Captain:

- Immediately after the train enters the border through-railway station, the Train Captain must submit to the Border Gate Customs Sub-Department the following documents:

a. Train formation report: two original copies;

b. Crew list and personnel working on the train: two original copies;

c. Summary declaration of imported goods: three original copies;

d. Goods delivery note (if the train carries goods): two original copies;

đ. International transit goods delivery note (if applicable): two original copies;

e. Passenger list (if the train carries passengers): two original copies;

g. Statistics sheet of passenger baggage check-in slips: two original copies;

h. Summary declaration of goods unloaded at each domestic through-railway station: three original copies (according to model HQ-02 /TLV issued together with this Decision).

- Implement decisions and requests of the Border Gate Customs Sub-Department and customs officers in processing customs procedures for the train.

- Fulfill other obligations as prescribed by law.

1.2. Responsibilities of the Border Gate Customs Sub-Department:

a. Accept and examine the documents submitted by the Train Captain.

b. Compare and verify the actual locomotive, number, and serial number of each carriage containing goods and checked baggage.

c. Inspect the seals of the transport organization on each carriage containing goods and checked baggage.

d. Seal customs on each carriage containing goods and checked baggage or each consignment unloaded at domestic through-railway stations.

đ. Supervise during the train's stay at the station: the unloading of goods and checked baggage into warehouses and yards for customs clearance at the station.

e. Stamp the documents submitted by the Train Captain:

e.1. Return to the Train Captain the documents submitted at points a, b, c, section 1.1 above (one copy of each type).

e.2. Seal customs on the documents specified at points c, d, đ, e, g, h section 1.1 above (two copies of each type) and hand them over to the Train Captain to submit to the Domestic Through-Railway Station Customs Sub-Department for customs clearance of goods and checked baggage.

e.3. Retain the documents specified in points a, b, c, and d of Section 1.1 above according to each entry of the train group (one copy for each type).

g. Process the import procedures for goods and personal luggage of incoming passengers; confirm the number of checked baggage items on the declaration form for entry-exit luggage (if applicable).

h. Record in the monitoring log (according to the model HQ-01/TLV issued together with this Decision).

2. At the domestic intermodal railway station:

2.1. Responsibilities of the Train Conductor:

- Immediately upon arrival at the domestic intermodal railway station, the Train Conductor must submit to the Customs Office at the domestic intermodal railway station the documents handed over by the Customs Office at the border intermodal railway station for submission to the Customs Office at the domestic intermodal railway station as stipulated in point e2, Section 1.2 above.

- Implement decisions and requirements of the Customs Office at the domestic intermodal railway station and customs officers in processing customs procedures for the train group.

- Fulfill other obligations as prescribed by law.

2.2. Responsibilities of the Customs Office at the domestic intermodal railway station:

a. Carry out as prescribed in points a, b, c, d, đ, and h of Section 1.2 above.

b. Stamp business seals on the documents submitted by the Train Conductor:

- Return to the Train Conductor one original International Transit Goods Communication Form (if applicable);

- Seal the customs documents (one copy for each type) submitted by the Train Conductor as stipulated in point 2.1 above (excluding the International Transit Goods Communication Form) and transfer them back to the Customs Office at the border intermodal railway station;

- Retain one copy of each type of document submitted as stipulated in point 2.1 above according to each entry of the train group.

c. Process the import procedures for goods and checked luggage not carried by passengers.

B. FOR EXPORTING TRAINS:

1. At the domestic intermodal railway station:

1.1. Responsibilities of the Train Captain:

- Before the train group departs from the domestic intermodal railway station, the Train Conductor must submit to the Customs Office at the domestic intermodal railway station the following documents:

a. Original Train Composition Report: two originals;

b. Export Goods Declaration Summary: three originals;

c. Goods Communication Form (if the train carries goods): two originals;

d. Passenger List (if the train carries passengers): two originals;

đ. Checked Baggage Statistics Sheet: two originals;

e. International Transit Goods Communication Form (if there are international transit goods): two originals.

The documents specified in points a, b, c, d, đ, and e above are declarations for goods, luggage, and passengers received at the domestic intermodal railway station.

- Implement decisions and requirements of the Customs Office at the domestic intermodal railway station and customs officers in processing customs procedures for the train group.

- Fulfill other obligations as prescribed by law.

1.2. Responsibilities of the Customs Office at the domestic intermodal railway station:

a. Accept and examine the documents submitted by the Train Captain.

b. Compare and check the actual locomotives, quantities, and numbers of wagons carrying goods and checked luggage.

c. Seal customs on each wagon carrying goods and checked luggage or each consignment.

d. Organize supervision during the train's departure process at the station, ensuring that goods and checked luggage that have been processed through customs are loaded onto each wagon.

đ. Stamp business seals on the documents submitted by the Train Conductor:

đ. 1. Return to the Train Conductor the documents submitted under points a, b, and e of Section 1.1, Part B above (one copy for each type);

đ. 2. Seal customs on the documents submitted under points b, c, d, and đ of Section 1.1, Part B above (two copies for each type) and hand them over to the Train Conductor to submit to the Customs Office at the border intermodal railway station;

đ. 3. Retain the documents specified in points a and e of Section 1.1, Part B above according to each departure of the train group (one copy for each type).

e. Record in the monitoring log (according to the model HQ-01/TLV issued together with this Decision).

g. Process the export procedures for goods and checked luggage not carried by passengers.

h. Based on the confirmation of actual exported goods on the export goods declaration summary provided by the Customs Office at the border intermodal railway station, the Customs Office at the domestic intermodal railway station is responsible for confirming the actual export on each customs declaration form processed by itself.

2. At the border intermodal railway station:

2.1. Responsibilities of the Train Conductor:

- When the train group arrives at the border intermodal railway station, the Train Conductor must submit to the Customs Office at the border intermodal railway station the following documents:

a. The documents handed over by the Customs Office at the domestic intermodal railway station for submission to the Customs Office at the border intermodal railway station as stipulated in point đ. 2 of Section 1.2, Part B above.

b. Original Train Composition Report: two originals;

c. Crew and Staff List: two originals;

d. Export Goods Declaration Summary: three originals;

đ. Goods Communication Form (if the train carries goods): two originals;

e. International Transit Goods Communication Form (if there are international transit goods): two originals.

g. Passenger List (if the train carries passengers): two originals;

h. Checked Baggage Statistics Sheet: two originals;

The documents specified in points b, c, d, đ, g, and h above are comprehensive declarations for all goods, luggage, and passengers of the exporting train group.

- Implement decisions and requests of the Border Gate Customs Sub-Department and customs officers in processing customs procedures for the train.

- Fulfill other obligations as prescribed by law.

2.2. Responsibilities of the Customs Office at the border intermodal railway station:

a. Carry out as prescribed in points a, b, c, d, and e of Section 1.2, Part B above.

b. Stamp business seals on the documents submitted by the Train Conductor:

- Return to the Train Conductor the documents specified in points b, c, d, đ, e, g, and h of Section 2.1, Part B above (one copy for each type);

- Seal customs on the documents specified in point a of Section 2.1, Part B above (one copy for each type) to be transferred back to the Customs Office at the domestic intermodal railway station;

- Retain the documents specified in Section 2.1, Part B above according to each departure of the train group (one copy for each type).

c. Process the export procedures for goods and personal luggage of departing passengers.