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

 

Pursuant to …;

Regulations on customs procedures for ships departing, entering, transiting, changing ports, and customs control and supervision at seaports and dedicated ports

THE MINISTER OF FINANCE

Pursuant to the Customs Law No. 29/2001/QH10 adopted by the 10th National Assembly, 9th session, on June 29, 2001;

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

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. These regulations on customs procedures for ships departing, entering, transiting, changing ports, and customs control and supervision at seaports and dedicated ports are hereby promulgated together with this Decision.

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, Article 5 of Decision No. 19/2002/QĐ-TCHQ dated January 10, 2002, issued by the General Director of the General Department of Customs, and other guiding documents that conflict with this Decision are hereby repealed.

Article 3. The General Director of the General Department of Customs, Heads of units under and affiliated with the Ministry of Finance, and related organizations and individuals are responsible for implementing this Decision.

 

REGULATIONS

ON CUSTOMS PROCEDURES FOR SHIPS DEPARTING, ENTERING, TRANSITING, CHANGING PORTS AND CUSTOMS CONTROL AND SUPERVISION AT SEAPORTS AND DEDICATED PORTS.
(Issued 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 designated anchorage point for loading/unloading goods as instructed by the port authority, 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 port customs office receives and stamps the customs declaration submitted by the master.

- At least one hour before the ship departs from 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 depart from the port.

- In cases of valid reasons, the deadlines may be shorter, 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 departing, entering, transiting, and changing ports:

3.1 Responsibilities of the master:

a) Submit and present the customs declaration in accordance with this Decision.

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

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

d) Fulfill other obligations as prescribed by law.

3.2 Responsibilities of the customs authorities:

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

- For the summary declaration of goods submitted to the customs authority, the customs office 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) If there is evidence indicating 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 the provisions of Clause 3, Article 51 of the Customs Law.

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 Manage and ensure the original condition of imported/exported goods stored in warehouses and yards.

5.2 Only allow imported/exported goods to pass through 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 warehouses and yards.

b) Exported goods loaded onto ships.

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 notification 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 enterprises, and shipping agency should connect their computers with the Customs Sub-Department at the port entrance to provide prior notice of situations 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-trade goods declaration form (declaration form according to current regulations).

II. CUSTOMS PROCEDURES FOR SHIPS DEPARTING, 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.

- Ship arrival/departure declaration: One original copy.

- Crew luggage and goods declaration: 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 should be declared in the ship reserve declaration.

+ If they are imported/exported goods or transiting goods, they should already be included in the summary declaration of goods.

b. In case the customs authority requests, the master must present the following documents to the customs authority:

- Voyage logbook.

- Cargo stowage plan on board the vessel.

c. Perform other responsibilities as prescribed in point 3.1 of Part I above.

1. 2. Duties of the Customs Authority:

a) Carry out the tasks prescribed in point 3.2 of Part I above.

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

c) Input data into the computer or ledger.

2. Departing vessel:

2.1. Responsibilities of the Shipmaster:

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

- Vessel arrival/departure declaration form: 01 original copy.

- Summary cargo manifest carried on board the vessel: 01 original copy.

- Vessel reserve declaration: 01 original copy.

- Crew luggage and goods declaration: One original copy.

b. In case the customs authority requests, the master must present the following documents to the customs authority:

- Customs declaration for supplies provided to the vessel.

- Tax-free purchase invoice for goods purchased at the port duty-free shop (if applicable).

c. Perform other responsibilities as prescribed in point 3.1 of Part I above.

2. 2. Duties of the Customs Authority:

a) Carry out the tasks prescribed in point 3.2 of Part I above.

b) Input data into the computer or ledger.

3. Transiting vessel:

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

- The transiting vessel 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, the shipmaster must:

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

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

b. Duties of the Customs Authority:

- Carry out the tasks prescribed in point 3.2 of Part I above.

- Seal and hand over to the shipmaster a file consisting of one copy of the cargo summary declaration and one transfer document to be handed over to the Customs Authority at the port of exit, retain one copy of the cargo summary declaration.

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

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

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

a. Responsibilities of the Shipmaster:

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

b. Duties of the Customs Authority at the Port of Exit:

- Carry out the tasks prescribed in point 3.2 of Part I above.

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

- Report the situation to the first port of entry Customs Authority if the vessel violates Customs Law.

3. 3. During transit, the shipmaster is responsible for maintaining the original condition of the cargo, keeping the customs seal intact on the cargo and customs documents from the port of entry to the port of exit.

4. Vessel changing ports:

4.1. Responsibilities of the Shipmaster:

a) Notify the Head of the Customs Sub-Department at the port of departure about the purpose and time of changing ports. If there are export goods that have been cleared through customs and will be unloaded at the destination port, the following details must be clearly stated in the notification document: name and address of the exporting enterprise, name of 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 the summary declaration of imported goods changing ports, summary declaration of exported goods loaded onto the vessel, summary declaration of transiting goods (if any): One copy each.

c) Ensure the original condition of the cargo, maintain the customs seal during the port change.

d) Transfer the sealed customs file to the Customs Authority at the destination port.

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

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

a) Handle the vessel changing ports.

b) Prepare the file transfer document and seal the file to be handed over to the shipmaster to transfer to the Customs Authority at the destination port.

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

d) In case the vessel changing ports carries exported goods that have been cleared through customs and will be unloaded at the destination port and then reloaded onto another vessel for export, prepare the Handover Record (using the Handover Record model for goods changing ports) and send it to the Customs Authority at the destination port for supervision.

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

a) Carry out the tasks as prescribed in point 3.2 of Part I above.

b) Report the situation to the first port of entry Customs Authority if the vessel violates the law or shows unusual signs.

c) Receive the Supervision Handover Record and immediately inform the Customs Authority at the departing port that the supervision of the vessel has been taken over as specified in point 4. 2. d above.

III. CUSTOMS CONTROL AND SUPERVISION AT SEAPORTS

1. Objects of customs control and supervision include:

a) Entering and exiting vessels.

b) Cargo loaded onto and unloaded from vessels.

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

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

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

e) Goods sold at duty-free shops.

g) Supplies provided to vessels.

h) Crew members' luggage and personal effects.

2. Customs supervision measures:

a) Patrol and mobile inspection and apply other operational 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 carry out supervision using measures a, b, and d. In cases where it deems necessary, the Head of the Customs Sub-Department at the port may decide to implement supervision using measure c. For gate supervision, measure c must always be implemented.

3. Customs duties in the work of controlling and supervising warehouses, yards, and vessels:

a) Handle entry, exit, port change, and transit procedures for vessels.

b) Handle import goods changing ports.

c) Seal export goods packed together in containers at the port.

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

đ) Implement customs management of duty-free shops, vessel 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 of export and import goods as prescribed in point 5.3 of 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 actually 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 port's customs, confirm the Handover Record, and return it to those units.

4. The duties 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 customs procedures have already been completed 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) The duty of the Customs officer:

- Receive the customs declaration form and the Handover Record.

- Check the number, code of container/packet, external condition, and customs seal.

- Enter into the computer or record in the tracking log.

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) The responsibility of the port gate supervising Customs:

Check the above documents and supervise the loading of goods into the port or have the inspector check and seal the goods (in cases where an inspection is required).

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) The duty of the Customs authority:

- Check the customs declaration form and the Handover Record.

- Check the number, code of container/packet, external condition, and customs seal.

B. REGULATIONS ON CUSTOMS PROCEDURES AT SPECIAL PURPOSE PORTS

I/ GENERAL PROVISIONS:

1. A special purpose port (announced by the Maritime Administration or the Ministry of Transport through a Decision) is a dedicated port of an enterprise for the exclusive export and import of a specific type of goods of that enterprise. In terms of customs procedures, a special purpose port (hereinafter referred to as the Port) is considered as a location for inspecting export and import goods and vessels entering and exiting inland waterways, 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 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 regarding customs procedures, customs inspection and supervision systems, and related legal documents.

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 Customs Sub-Department nearest to the Port (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 goods at the Port.

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

II/ RESPONSIBILITIES OF THE CUSTOMS SUB-DIVISION:

1. Process customs procedures for vessels entering and exiting the Port in accordance with the regulations on customs procedures for ocean-going 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 and illegal importation of 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 ENTERPRISES WITH PORTS:

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 Enterprise is 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 authority 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 regulations 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