Decision No. 57/2003/QÐ-BTC stipulates customs procedures for ships departing, entering, transiting, changing ports, and customs control and supervision at seaports and specialized ports.

MINISTRY OF FINANCE ********	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ********
Number: 57/2003/QĐ-BTC	Hanoi, April 16, 2003

 

Pursuant to …;

OF THE MINISTER OF FINANCE NUMBER 57/2003/QĐ-BTC DATED APRIL 16, 2003 ON PROCEDURES FOR CUSTOMS CLEARANCE OF SHIPS LEAVING, ENTERING, TRANSITING, CHANGING PORTS AND CUSTOMS CONTROL AND SUPERVISION AT SEAPORTS AND SPECIALIZED PORTS

THE MINISTER OF FINANCE

Pursuant to the Law on Customs No. 29/2001/QH10 adopted at the ninth session of the tenth National Assembly on June 29, 2001;
Pursuant to Decree No. 101/2001/NĐ-CP dated December 31, 2001 of the Government detailing certain provisions of the Law on Customs regarding customs procedures and customs inspection and supervision regimes;
Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the 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.

This Decision promulgates the regulations on customs procedures for ships leaving, entering, transiting, changing ports and customs control and supervision at seaports and specialized ports.

Article 2.

This Decision shall take effect 15 days from the date of publication in the Official Gazette. The Decision No. 1548/2001/QĐ-TCHQ dated December 26, 2001, Clause 5 of Decision No. 19/2002/QĐ-TCHQ dated January 10, 2002 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 and directly under the Ministry of Finance and relevant organizations and individuals are responsible for implementing this Decision.

 

Truong Chi Trung (Signed)

 

REGULATIONS

ON CUSTOMS PROCEDURES FOR SHIPS LEAVING, ENTERING, TRANSITING, CHANGING PORTS AND CUSTOMS CONTROL AND SUPERVISION AT SEAPORTS AND SPECIALIZED PORTS.
(Promulgated together with Decision No. 57/2003/QĐ-BTC dated April 16, 2003 of the Minister of Finance)

A/ REGULATIONS ON CUSTOMS PROCEDURES AT SEAPORTS

I/ GENERAL PROVISIONS:

1. Within the latest one hour from the time the ship arrives at the anchorage position designated by the port authority to load or unload goods, the master of the ship must complete customs procedures for the incoming ship.

- The time when the ship and goods arrive at the port is determined as the time when the customs office receives and stamps the customs declaration submitted by the master.

- At least one hour before the ship leaves the seaport, the master must complete customs procedures for the outgoing ship. For passenger ships and scheduled ships, the deadline is immediately before the ship is ready to leave the port.

- In case of valid reasons, the above deadlines may be shortened, but the master must notify the Customs Sub-Department at the port entrance in advance.

2. Place of submission: The master must submit the customs declaration at the headquarters of the Port Authority or the Customs Sub-Department at the port entrance.

3. Customs procedures for ships leaving, entering, transiting, and changing ports:

3.1 Responsibilities of the master:

a) To declare, submit, and present the customs declaration in accordance with this Decision.

b) To provide information related to goods and items on board the ship.

c) To comply with decisions and requirements of the customs authorities and customs officers in handling customs procedures for the ship and goods.

d) To fulfill other obligations as prescribed by law.

3.2 Responsibilities of the customs authority:

a) To receive, inspect, and stamp the customs declaration. Stamping the summary declaration of goods is carried out as follows:

- For the summary declaration of goods submitted to the customs authority, the customs authority will record the total number of pages, stamp the first page and last page of the summary declaration, and stamp the remaining pages with overlapping stamps.

- For the summary declaration of goods of the agent or shipping company, only the first page and last page of the summary declaration will be stamped.

b) When there is evidence that goods are hidden on board the ship or there are signs of violation of the law, the Head of the Customs Sub-Department at the port entrance will decide to search the ship according to Article 51, Clause 3 of the Law on Customs.

4. In case of cargo transfer or transshipment, the shipping company must notify in writing the Head of the Customs Sub-Department at the port entrance.

5. Responsibilities of the port enterprise:

5.1 To manage and ensure the original condition of imported and exported goods stored in the port warehouse or yard.

5.2 Only allow imported and exported goods to pass through the port gates under customs surveillance.

5.3 Must notify in writing the Head of the Customs Sub-Department at the port entrance about the following data and situations:

a) Imported goods unloaded into the port warehouse or yard.

b) Exported goods loaded onto the ship.

c) Damaged goods (with attached report).

d) Imported goods exceeding the specified time limit without completing customs procedures.

e) Goods without a recipient being stored at the port.

6. After receiving confirmation from the ship owner, the port authority must promptly inform the Customs Sub-Department at the port entrance about the arrival and departure times, anchoring location, and loading/unloading times of goods on the ship.

7. Where conditions permit, the port authority, port enterprise, and shipping agency should connect their computers with the Customs Sub-Department at the port entrance to pre-report the situation and data, and send documents.

8. Declaration of crew luggage and goods is carried out as follows:

- For luggage: A single declaration form (as attached to this Decision) can be used to declare the luggage of the entire crew (each person's luggage is declared in a separate column on the form);

- For goods: Each person's goods must be declared separately on the export/import non-commercial goods declaration form (model form as currently prescribed).

II. CUSTOMS PROCEDURES FOR SHIPS LEAVING, ENTERING, TRANSITING, AND CHANGING PORTS

1. Incoming Ships:

1.1 Responsibilities of the Master:

a) When completing entry customs procedures, the master must submit the following documents to the customs authority:

- Summary declaration of goods carried on the ship: Two original copies.

- Arrival/departure declaration of the ship: One original copy.

- Declaration of goods and crew luggage: One original copy.

- Ship reserve declaration: One original copy. This declaration allows the declaration of ship assets including fuel, materials, food, alcohol, tobacco reserves.

- Crew list: One original copy.

- Passenger list (if passengers are present): One original copy.

Declaration of explosives, flammable substances, toxic substances, narcotics, weapons, and equipment on board the ship is as follows:

+ If they are ship assets, they are declared in the ship reserve declaration.

+ If they are imported/exported goods or transit goods, they are included in the summary declaration of goods.

b. Upon request by Customs, the shipmaster must present to the Customs authority the following documents:

- The ship's voyage log.

- A cargo layout plan on board the ship.

c. Fulfill other responsibilities prescribed in point 3.1, Part I above.

1. 2. Duties of the Customs Authority:

a) Perform the duties stipulated in point 3.2, Part I above.

b) Seal the ship’s alcohol, tobacco, toxic substance, and narcotic storage areas.

c) Enter data into computers or ledgers.

2. Departing Ships:

2.1. Responsibilities of the Shipmaster:

a. When handling departure procedures, the shipmaster must submit to the Customs authority:

- One original copy of the ship arrival/departure declaration form.

- One original copy of the cargo summary carried on the ship.

- One original copy of the ship reserve declaration form.

- Declaration of goods and crew luggage: One original copy.

b. Upon request by Customs, the shipmaster must present to the Customs authority the following documents:

- One original copy of the customs declaration for supplies provided to the ship.

- Purchase invoices for tax-exempt goods purchased at duty-free shops at the port (if applicable).

c. Fulfill other responsibilities prescribed in point 3.1, Part I above.

2. 2. Duties of the Customs Authority:

a) Perform the duties stipulated in point 3.2, Part I above.

b) Enter data into computers or ledgers.

3. Transiting Ships:

- A transiting ship is one that passes through Vietnamese ports and territory to reach another country without unloading imported goods or loading exported goods.

- A transiting ship handles entry formalities at the first port of entry and exit formalities at the last port of exit.

3.1. Procedures at the Port of Entry:

a. Responsibilities of the Shipmaster:

When handling entry formalities for the ship, the shipmaster must:

- Submit two copies of the transit cargo summary to the Customs authority.

- Fulfill other responsibilities prescribed in point 3.1, Part I above.

b. Duties of the Customs Authority:

- Perform the duties stipulated in point 3.2, Part I above.

- Seal and hand over to the shipmaster a file containing one copy of the cargo summary and one transfer document to be handed over to the exit port Customs authority, retaining one copy of the cargo summary.

- Seal the alcohol, tobacco, toxic substance, narcotic storage areas and cargo storage area (if conditions permit and if necessary).

- Carry out supervision tasks as prescribed in Part III below.

3. 2. Customs Procedures at the Port of Exit:

a. Responsibilities of the Shipmaster:

When handling exit formalities, the shipmaster must submit to the exit port Customs authority the file transferred from the entry port Customs authority.

b. Duties of the Exit Port Customs Authority:

- Perform the duties prescribed in point 3.2, Part I above.

- Compare the file with the actual condition of the cargo.

- Report the situation to the first entry port Customs authority if the ship violates Customs laws.

3. 3. During Transit, the shipmaster must ensure the cargo remains in its original state, maintain Customs seals on the cargo and Customs documents from the port of entry to the port of exit.

4. Port Transfer Ships:

4.1. Responsibilities of the Shipmaster:

a) Notify the Head of the Port Customs Office about the purpose and time of the port transfer. If there are export goods that have been processed for customs clearance and will be unloaded at the destination port, the notification must clearly specify the following: name and address of the exporting enterprise, name of the goods, number of containers/pieces, quantity of goods, date of export declaration, shipping seal number, Customs seal number, unloading port name.

b) Must submit to Customs a summary of imported goods being transferred to another port, a summary of export goods loaded onto the ship, and a summary of transit goods (if any): one copy of each type.

c) Ensure the cargo remains in its original state and maintain Customs seals during the port transfer.

d) Hand over the sealed Customs documents to the Customs authority of the destination port.

đ) Fulfill other responsibilities prescribed in point 3.1, Part I above.

4. 2. Responsibilities of the Departing Port Customs Authority:

a) Handle the ship's port transfer formalities.

b) Prepare a document transfer form and seal the document file to be handed over to the shipmaster for transfer to the Customs authority of the destination port.

c) Fulfill other responsibilities prescribed in point 3.2, Part I above.

d) In cases where a ship transferring ports carries export goods that have been processed for customs clearance and will be unloaded at the destination port and then reloaded onto another ship for export, prepare a handover record (using the inter-port transfer goods handover record form) and send it to the Customs authority of the destination port for supervision.

4. 3. Responsibilities of the Destination Port Customs Authority:

a) Perform duties as prescribed in point 3.2, Part I above.

b) Report the situation to the first entry port Customs authority if the ship violates Customs laws or exhibits unusual behavior.

c) Accept the supervision handover record and immediately inform the departing port Customs authority that the supervision of the ship has been accepted in accordance with the provisions of point 4. 2. d above.

III. CUSTOMS CONTROL AND SUPERVISION AT SEAPORTS

1. Objects of Customs control and supervision include:

a) Entering and exiting ships.

b) Cargo loaded onto and unloaded from ships.

c) Export and import goods stored in port warehouses and yards.

d) Transshipment, side-loading, and transit goods.

đ) Export and import goods entering and leaving the port.

e) Goods sold at duty-free shops.

g) Supplies provided to ships.

h) Crew members' luggage and personal effects.

2. Customs Supervision Measures:

a) Patrol and mobile inspection and apply other investigative methods as prescribed by law to detect smuggling and illegal transportation of goods across borders.

b) Customs sealing.

c) Direct supervision.

d) Technical supervision.

Under normal circumstances, Customs will implement supervision using measures a, b, and d. In cases deemed necessary, the Head of the Port Customs Office may decide to implement supervision using measure c. For gate supervision, measure c must be implemented.

3. Customs Duties in Port Control and Supervision Work:

a) Handle entry, exit, port transfer, and transit ship formalities.

b) Handle formalities for imported goods transferred between ports.

c) Seal export goods packed into containers at the port.

d) Supervise the loading, unloading, and storage of export and import goods at port warehouses and yards.

đ) Implement Customs management of duty-free shops, ship supplies, and crew members' luggage and personal effects.

e) Conduct patrol and mobile inspection within the port area.

g) Receive and process reports from port enterprises regarding the situation and data on export and import goods as stipulated in point 5.3, Part I above;

h) In addition to the tasks specified above, for export consignments transferred at border gates, perform the following additional tasks:

- Sign and stamp confirmation of actual export in box 27 of the customs declaration form (for cases where the consignment has not yet been confirmed as exported by the Customs Sub-Department outside the border gate) and immediately return it to the consignor;

- Receive the Handover Record sent from the Customs Sub-Department outside the border gate or another customs office, confirm the Handover Record, and return it to those units;

4. Tasks of Customs in port gate supervision work:

4.1 For goods brought into the port for export:

4.1.1 In the case where the goods have completed customs procedures at the Customs Sub-Department outside the border gate:

a) The consignor or their representative must present:

- The customs declaration form (already processed outside the border gate): The consignor's copy.

- The Handover Record issued by the Customs Sub-Department where the customs procedures were processed outside the border gate.

b) Duties of the Customs officer:

- Accept the customs declaration form and the Handover Record.

- Check the number, code, condition, and customs seal of containers/pieces.

- Enter into computer or record in the logbook.

4.1.2 In the case where the Customs Sub-Department outside the border gate decides to conduct an on-site inspection but the goods have not yet been inspected:

a) The consignor must present:

- The registered customs declaration form.

- The Handover Record.

b) Responsibilities of the Customs officer supervising the port gate:

Check the above documents and supervise the loading of goods into the port or have the inspector inspect and seal the goods (in cases requiring inspection).

4.2 For goods imported out of the port:

a) The consignor or their representative must present:

- The Handover Record (for goods transferred at border gates, goods inspected outside the border gate).

- The customs declaration form stamped with "Customs Procedures Completed" on the import declaration form (for goods that have completed customs procedures).

b) Duties of the Customs authority:

- Check the customs declaration form and the Handover Record.

- Check the number, code, condition, and customs seal of containers/pieces.

B. PROVISIONS ON CUSTOMS PROCEDURES AT SPECIALIZED PORTS

I/ GENERAL PROVISIONS:

1. A specialized port (announced by the Maritime Administration or the Ministry of Transport through a Decision) is a dedicated port of a business entity for the exclusive export and import of a specific type of goods of that business entity. In terms of customs procedures, a specialized port (hereinafter referred to as the Port) is considered as a location for inspecting export and import goods and vessels entering and exiting via rivers, bays, or offshore areas (for wharves, off-shore terminals belonging to oil and gas exploitation fields at sea).

2. Export and import goods, vessels entering and exiting through the Port must be subject to customs inspection and supervision according to the provisions of the Customs Law, Decree No. 101/2001/NĐ-CP dated December 31, 2001 of the Government detailing certain provisions of the Customs Law on customs procedures, inspection, and supervision systems, and other relevant laws.

3. The place for processing customs procedures for vessels entering and exiting is at the Port.

4. The Director of the Provincial/City Customs Department assigns the nearest Customs Sub-Department (hereinafter referred to as the Customs Sub-Department) to handle customs procedures for export and import goods and vessels passing through the Port, and to monitor and supervise the Port area during the time the vessel is berthed for loading and unloading operations.

5. Customs officers only carry out business activities at the Port from the moment the vessel arrives at the Port for loading and unloading operations until the vessel leaves the Port.

II/ RESPONSIBILITIES OF THE CUSTOMS SUB-DIVISION:

1. Process customs procedures for vessels entering and exiting at the Port in accordance with the regulations on customs procedures for maritime vessels entering and exiting.

2. Process customs procedures for export and import goods at the Port in accordance with the regulations on customs procedures for export and import consignments.

3. Regarding supervision and control at the Port:

- During the period of export and import activities at the Port, the Customs Sub-Department performs the task of inspecting, supervising, and patrolling the Port area to ensure effective implementation of anti-smuggling duties or illegal transportation of imported goods.

- When there are no export and import activities at the Port, the Customs does not carry out business activities at the Port.

III/ RESPONSIBILITIES OF THE BUSINESS ENTITY WITH THE PORT:

1. Notify the Customs Sub-Department in writing at least 24 hours before the specific schedule of the vessel arriving at or departing from the Port; the anchorage point of the vessel; the time for loading and unloading export and import goods. The Port Business Entity shall be responsible under the law if there is a delay in processing entry procedures for the vessel and smuggling due to failure to notify the customs authorities within the prescribed time limit.

2. Create favorable conditions for Customs to enter and exit the Port, work at the Port, and perform other related tasks to ensure the state management function of Customs in accordance with the law.

3. Fully comply with all legal provisions on customs procedures for export and import goods; vessels exiting and entering.

4. Be responsible under the law for acts of smuggling or transporting goods of illegal import origin during the time the vessel is berthed, working, and moving in the port area.

ANNEX

(Issued together with Decision No./2003/QĐ-BTC dated month day year 2003 of the Minister of Finance)

CREW'S EFFECTS DECLARATION

CREW'S EFFECTS DECLARATION

1. Ship name Name of ship		2. Arrival/departure port Port of arrival/departure			Number of pages Page No
3. Ship nationality Nationality of ship		4. Arrival/departure date Date of arrival/departure
5. Serial number No	7. Full name Family name, given names	6. Position Rank or rating	7. Crew's effects Crew's effects declaration	8. Currency Currency	9. Signature Signature

 

..., day ... month ... year ... Border-gate Customs Sub-Department Date and signature by the border-gate Customs Sub-Department

..., day ... month ... year ... Master (agent or officer) Date and signature by Master (Authorized agent or officer)