Decision No. 55/2003/QD-BTC Issuing Regulations on Customs Procedures, Control, and Supervision Work for International Through Trains Entering and Exiting the Country

 

Pursuant to …;

Issuing Regulations on customs procedures, control, and supervision work for international through-train entering and exiting the country

THE MINISTER OF FINANCE

Pursuant to the Customs Law 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 Customs Law regarding customs procedures and inspection and supervision regimes;

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: These Regulations on customs procedures, control, and supervision work for international through-trains entering and exiting the country are hereby promulgated together with this Decision.

Article 2: This Decision shall take effect fifteen days from the date of publication in the Official Gazette. Decree No. 1551/2001/QĐ-TCHQ dated December 26, 2001 of the General Director of the General Department of Customs and other guiding documents contrary to this Decision are hereby abolished.

Article 3: The General Director 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.

 

 

REGULATIONS

ON CUSTOMS PROCEDURES, CONTROL AND SUPERVISION WORK FOR INTERNATIONAL THROUGH-TRAINS ENTERING AND EXITING THE COUNTRY
(Issued together with 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 train) includes locomotives and carriages passing through the border.

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

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 Leader or his lawful representative (hereinafter referred to as Train Leader) in accordance with regulations.

3. The Head of the through-railway station is responsible for notifying the Border Gate Customs Sub-department in writing one hour in advance about the time of arrival and departure, location, and time of loading and unloading goods onto and off the train.

4. The Train Leader is responsible for:

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

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

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

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

a. Imported goods with a transport document indicating a destination through-railway station shall be processed for customs clearance and cleared at the Border Gate Customs Sub-department of that through-railway station.

b. Exported goods dispatched from which domestic through-railway station shall be processed for customs clearance at the Border Gate Customs Sub-department of that through-railway station. If processed at another Border Gate Customs Sub-department, it must follow the procedure for transferring export goods through a different port.

c. Personal luggage of passengers entering and exiting shall be processed for customs clearance at the Border Gate Customs Sub-department of the border through-railway station.

d. Checked-in luggage not carried by passengers exiting shall be processed for customs clearance at the Border Gate Customs Sub-department where the passenger checked in the luggage. Checked-in luggage not carried by passengers entering shall be processed for customs clearance at the Border Gate Customs Sub-department indicated on the Passenger's Unaccompanied Baggage Receipt.

6. Supervision of trains entering from the border checkpoint to the border through-railway station and vice versa shall be conducted by patrolling and inspecting forces of the Customs Guard 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 Leader:

- Immediately after the train enters the border through-railway station, the Train Leader 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 handover document (if the train carries goods): two original copies;

đ. International transit goods handover document (if applicable): two original copies;

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

g. Statistics sheet of passenger unaccompanied baggage receipt: 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 check the documents submitted by the Train Leader.

b. Compare and verify the actual locomotive, number, and serial number of each carriage carrying goods and checked-in luggage.

c. Check the seals of the transportation organization on each carriage carrying goods and checked-in luggage.

d. Seal customs on each carriage carrying goods and checked-in luggage or each consignment unloaded at the domestic through-railway station.

đ. Supervise during the train's stay at the station: the process of unloading goods and checked-in luggage into warehouses or yards for import customs clearance.

e. Stamp business seals on the documents submitted by the Train Leader:

e.1. Return to the Train Leader 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 Leader to submit to the Domestic Through-Railway Station Customs Sub-department for import customs clearance of goods and checked-in luggage.

e.3. Retain the documents specified at points a, b, c, section 1.1 above according to each entry of the train (one copy of each type).

g. Processing import procedures for goods and baggage carried by incoming passengers; confirming the number of checked baggage items on the entry-exit baggage declaration form (if applicable).

h. Recording in the logbook (in accordance with the model HQ-01/TLV issued together with this Decision).

2. At domestic intermodal railway stations:

2.1. Responsibilities of the Train Conductor:

- Immediately upon arrival at the domestic intermodal railway station, the Train Conductor must submit to the Domestic Intermodal Railway Station Customs Branch the documents handed over by the Border Intermodal Railway Station Customs Branch for submission to the Domestic Intermodal Railway Station Customs Branch as stipulated in point e2, section 1.2 above.

- Implementing decisions and requirements of the Domestic Intermodal Railway Station Customs Branch and customs officers in processing customs procedures for the train.

- Fulfill other obligations as prescribed by law.

2.2. Responsibilities of the Domestic Intermodal Railway Station Customs Branch:

a. Performing as prescribed in points a, b, c, d, đ, h of section 1.2 above.

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

- Returning to the Train Conductor one copy of the International Transit Goods Communication Form (if applicable);

- Sealing customs the documents (one copy each) submitted by the Train Conductor as stipulated in point 2.1 above (excluding the International Transit Goods Communication Form) and transferring them back to the Border Intermodal Railway Station Customs Branch;

- Retaining one copy each of the documents submitted as stipulated in point 2.1 above according to each entry of the train.

c. Processing import procedures for goods and checked baggage not carried by incoming passengers.

B. FOR EXPORTING INTERMODAL TRAINS:

1. At domestic intermodal railway stations:

1.1. Responsibilities of the Train Leader:

- Before the train departs from the domestic intermodal railway station, the Train Conductor must submit to the Domestic Intermodal Railway Station Customs Branch the following documents:

a. Train formation report: two original copies;

b. Export cargo manifest: three original copies;

c. Cargo communication form (if the train carries cargo): two original copies;

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

đ. Passenger baggage consignment statistics sheet: two original copies;

e. Transit goods communication form (if there are international transit goods): two original copies.

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

- Implementing decisions and requirements of the Domestic Intermodal Railway Station Customs Branch and customs officers in processing customs procedures for the train.

- Fulfill other obligations as prescribed by law.

1.2. Responsibilities of the Domestic Intermodal Railway Station Customs Branch:

a. Accept and check the documents submitted by the Train Leader.

b. Checking against actual conditions regarding locomotives, quantities, and numbers of wagons carrying goods and checked baggage.

c. Sealing customs each wagon carrying goods and checked baggage or each consignment.

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

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

đ. 1. Returning to the Train Conductor the documents submitted under points a, b, e of section 1.1, part B above (one copy each);

đ. 2. Sealing customs the documents submitted under points b, c, d, đ of section 1.1, part B above (two copies each) and handing them over to the Train Conductor to submit to the Border Intermodal Railway Station Customs Branch;

đ. 3. Retaining the documents specified under points a, e of section 1.1, part B above according to each departure of the train (one copy each).

e. Recording in the logbook (in accordance with the model HQ-01/TLV issued together with this Decision).

g. Processing export procedures for goods and checked baggage not carried by departing passengers.

h. Based on confirmation of actual exported goods on the export cargo manifest by the Border Intermodal Railway Station Customs Branch, the Domestic Intermodal Railway Station Customs Branch is responsible for confirming actual exports on each customs declaration form processed by itself.

2. At border intermodal railway stations:

2.1. Responsibilities of the Train Conductor:

- When the train arrives at the border intermodal railway station, the Train Conductor must submit to the Border Intermodal Railway Station Customs Branch the following documents:

a. The documents handed over by the Domestic Intermodal Railway Station Customs Branch for submission to the Border Intermodal Railway Station Customs Branch as stipulated in point đ. 2 of section 1.2, part B above.

b. Train formation report: two original copies;

c. Crew and staff list: two original copies;

d. Export cargo manifest: three original copies;

đ. Cargo communication form (if the train carries cargo): two original copies;

e. Transit goods communication form (if there are international transit goods): two original copies.

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

h. Passenger baggage consignment statistics sheet: two original copies;

The documents specified in points b, c, d, đ, e, g, h above are consolidated declarations for all goods, baggage, and passengers of the departing train.

- 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 Border Intermodal Railway Station Customs Branch:

a. Performing as prescribed in points a, b, c, d, e of section 1.2, part B above.

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

- Returning to the Train Conductor the documents specified in points b, c, d, đ, e, g, h of section 2.1, part B above (one copy each);

- Sealing customs the documents specified in point a of section 2.1, part B above (one copy each) to transfer back to the Domestic Intermodal Railway Station Customs Branch;

- Retaining the documents specified in section 2.1, part B above according to each departure of the train (one copy each).

c. Processing export procedures for goods and baggage carried by departing passengers.