This Circular guides the implementation of the pilot program for accepting cargo declarations and electronic customs clearance for inbound and outbound vessels according to Decision No. 19/2011/QD-TTg of the Prime Minister. The Circular stipulates procedures for creating, sending, receiving, and processing electronic customs documents, as well as vessel clearance.
Đối tượng áp dụng
Shipping companies, shipping agency companies, freight forwarders, Customs Branches at seaports, Port Authorities, relevant agencies, and port operating enterprises.
Các điểm cốt lõi
- Shipping companies/Shipping agents create electronic information about customs documents before the vessel arrives at or reports to the port according to the standard format or directly on the General Department of Customs' electronic portal.
- The deadline for submitting electronic customs documents: 12 hours before the vessel is expected to dock (for voyages under five days) and 24 hours (for other voyages), for information on consolidated bills of lading according to the pilot route, and 8 hours before the vessel docks for other documents.
- The Customs Branch at the port processes declaration information through verification, consolidation, and analysis of the information to decide on vessel clearance.
- The notification of vessel clearance is sent electronically or in writing, specifying the conditions and procedures to be followed.
- The declarant must comply with the guidance of the Customs authority when required to amend or supplement the information.
🌐 Tác động xã hội từ văn bản này
- Facilitate the entry and exit of vessels through the use of electronic technology.
- Reduce the time and costs of customs procedures for shipping companies and their agents.
- Enhance the efficiency of information management and control of goods through ports.
- Strengthen cooperation among functional agencies in handling declaration information.
❓ Câu hỏi thường gặp
What is the deadline for submitting electronic customs documents?
The deadline for submitting electronic customs documents: 12 hours before the vessel is expected to dock (for voyages under five days) and 24 hours (for other voyages), for information on consolidated bills of lading according to the pilot route, and 8 hours before the vessel docks for other documents.
How can the declarant create electronic information?
The declarant may choose one of two methods: Creating according to the standard format published by the General Department of Customs or declaring directly on the General Department of Customs' electronic portal.
If the electronic customs document cannot be submitted, what should the declarant do?
The declarant may submit a written notice and proceed with customs formalities using paper documents according to current regulations.
How is amended or supplemented information on electronic customs documents handled?
The declarant must create declaration information and notify the Customs authority responsible for the vessel's procedures electronically. In cases of force majeure where the declarant cannot send electronic amendments or supplements, they may provide the information via paper documents.
What contents does the notification of vessel clearance include?
The notification of vessel clearance specifies: The vessel is cleared; and cleared after completing necessary procedures as guided in Article 9 of this Circular.
Toàn văn
CIRCULAR
Guidelines for implementing Decision No. 19/2011/QD-TTg dated March 23, 2011 of the Government Chairman regarding the pilot implementation of cargo declaration forms, other related documents, and electronic customs clearance for inbound and outbound vessels.
Regarding the pilot implementation of receiving cargo declarations, other related information, and
electronic customs clearance for inbound and outbound vessels.
_______________________________________
Pursuant to the Customs Law No. 29/2001/QH10 dated June 29, 2001, and the Law No. 42/2005/QH11 dated June 14, 2005 amending and supplementing certain articles of the Customs Law;
Pursuant to the Vietnam Maritime Code No. 40/2005/QH11 dated June 14, 2005;
||| Pursuant to Decree No. 63/2018/NĐ-CP dated May 4, 2018 of the Government on public-private partnership investment;
Pursuant to Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on port management and maritime channels;
Pursuant to Decree No. 154/2005/NĐ-CP dated December 15, 2005 of the Government on customs procedures, inspection, and supervision regimes;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 19/2011/QD-TTg dated March 23, 2011 of the Government Chairman on the pilot implementation of receiving cargo declarations for imported goods, other related information, and electronic customs clearance for inbound and outbound vessels;
The Ministry of Finance provides guidelines for the pilot implementation of receiving cargo declarations, other related documents, and electronic customs clearance for inbound and outbound vessels as follows:
PART I
GENERAL GUIDELINES
Article 1Scope of Application
This Circular guides the pilot implementation of receiving cargo declarations, other related documents in electronic data format, and electronic customs clearance for inbound and outbound vessels (referred to collectively as electronic customs procedures for inbound and outbound vessels).
Article 2. Scope of application and pilot period and location
1. Pilot scope, period, and location:
The pilot scope, period, and location shall be implemented in accordance with Clause 2, Clause 3, and Clause 4, Article 1 of Decision No. 19/2011/QD-TTg dated March 23, 2011 of the Government Chairman.
2. Selection of shipping companies/ship agency companies and customs offices at seaports participating in the pilot at each stage shall be decided specifically by the General Department of Customs. Procedures for notification and selection of participants in the pilot shall be carried out as follows:
a) Shipping companies/ship agencies shall submit an Electronic Notification of Participation (in Form No. 1 - Appendix I) to the General Department of Customs's electronic portal.
b) Based on the provisions of Clause 2, Article 6, Decision No. 19/2011/QD-TTg dated March 23, 2011 of the Government Chairman, within two working days from the date of receipt of the Notification of Participation from the shipping company/ship agency, the General Department of Customs shall electronically notify acceptance or rejection (with reasons specified) for the shipping company/ship agency to know.
c) In cases of force majeure where electronic submission is not possible, the Notification of Participation from the shipping company/ship agency and the response from the General Department of Customs as stipulated in Point a and Point b of Clause 2 of this Article shall be conducted through paper documents.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. Electronic customs procedure for inbound and outbound vessels: This is a customs procedure wherein the declaration, receipt of cargo declarations, other related documents, and decision on customs clearance for inbound and outbound vessels are processed through the Electronic Data Processing System of Customs.
2. Electronic Data Processing System of Customs: This is a centralized and unified information system managed by the General Department of Customs, used to implement electronic customs procedures.
3. Electronic Declaration System: This is an information system managed by the declarant, used to implement electronic customs procedures.
4. Electronic customs clearance for inbound and outbound vessels: This is the act of the customs authority deciding on customs clearance for inbound and outbound vessels through electronic means.
Article 4. Principles for conducting electronic customs procedures for inbound and outbound vessels
1. Declaration of customs and submission of declaration information shall be carried out before the vessel arrives at the port and before the vessel departs from the port in accordance with Article 3 of Decision No. 19/2011/QĐ-TTg dated March 23, 2011 of the Government.
2. The clearance of inbound and outbound vessels shall be decided before the vessel arrives at the port or departs from the port based on the declaration information if there are no signs of violation. In cases where there are signs of violation of customs laws and other relevant laws, it may be necessary to inspect the vessel in reality before deciding to clear it.
Article 5. Electronic declaration for inbound and outbound vessels
1. The declarant:
a) Shipping company;
b) Shipping agency;
c) Freight forwarder company.
2. Creation of declaration information:
a) The shipping company/shipping agency is responsible for creating, sending, and receiving electronic information in accordance with the guidelines set forth in Articles 6, 7, 10, and 11 of this Circular.
b) In cases where multiple shipping companies/shipping agencies jointly operate one vessel for inbound or outbound purposes, the participating shipping company/shipping agency must request the joint operating shipping companies/shipping agencies to create and send electronic information in accordance with Clause 1, Article 6 of this Circular.
c) In cases where the shipping company/shipping agency does not have detailed information about the consolidated bill of lading such as detailed description of goods, consignor, and consignee, the freight forwarder company issuing the bill of lading is responsible for creating and sending detailed electronic information about the consolidated bill of lading to the General Department of Customs' electronic portal in accordance with the pilot schedule guided by the General Department of Customs.
3. When implementing electronic customs procedures, the declarant must uniformly use the electronic declaration content and forms prescribed in this Circular.
4. The General Department of Customs will provide specific guidance on the creation of electronic declaration information for inbound and outbound vessels.
Chapter II
PROCEDURE FOR RECEIVING DECLARATION AND ELECTRONIC CLEARANCE OF INBOUND VESSELS
Section 1
PROCEDURE FOR CREATING, SENDING, RECEIVING, AND PROCESSING DECLARATION INFORMATION OF INBOUND VESSELS
Article 6. Creation of electronic information for customs declaration files
1. The declarant may choose one of the following two methods to create electronic information:
2. The electronic customs file for aircraft entering the country includes certificates according to the models prescribed in Appendix IV issued together with this Circular, specifically:
b) Declare directly on the General Department of Customs's electronic portal.
2. An electronic customs declaration file includes eight types of documents (criteria according to the model specified in Appendix II of this Circular):
a) Import cargo declaration form by sea (Form No. 1);
b) Information on consolidated bill of lading (house bill of lading) (Form No. 2);
c) Common declaration form (Form No. 3);
d) Crew list (Form No. 4);
đ) Crew baggage declaration form (Form No. 5);
e) Vessel reserve declaration form (Form No. 6);
g) Passenger list (if applicable) (Form No. 7);
h) Dangerous goods declaration form in case of dangerous goods transportation (Form No. 8).
Article 7. Procedure for sending and receiving electronic customs declaration files
1. Time limit for sending electronic customs declaration files:
a) For the import cargo declaration form:
a1. For voyages lasting less than five days: no later than twelve hours before the vessel is expected to arrive at the port.
a2. For other voyages: no later than twenty-four hours before the vessel is expected to arrive at the port.
b) For information on consolidated bill of lading (house bill of lading): Freight forwarder companies send electronic information on the consolidated bill of lading according to the pilot schedule guided by the General Department of Customs.
c) For other documents specified in points c, d, đ, e, g, h of Clause 2 of Article 6: no later than eight hours before the vessel is expected to arrive at the port. In cases where the shipping company/shipping agency obtains these pieces of information simultaneously with the summary declaration, they can provide the information to the customs authority simultaneously with the summary declaration in accordance with point a of Clause 1 of this Article.
d) In cases of force majeure, if the declarant cannot submit the electronic information as stipulated in Clause 1 of this Article when the vessel arrives at the port, the declarant must notify in writing and carry out customs procedures using paper documents in accordance with current regulations.
2. Reception and feedback of electronic customs declaration file information:
a) The electronic data processing system receives electronic declaration information 24/7.
b) Feedback of information:
b1. If the declaration information meets all criteria and formats as prescribed, the electronic data processing system automatically sends an acceptance notice of the declaration content (Form No. 9 in Appendix II).
b2. If the declaration information is incomplete, the electronic data processing system automatically sends a notification of non-receipt reasons and guides the declarant to re-declare (Form No. 9 in Appendix II).
3. Amendment and supplementation of electronic customs declaration file information for inbound vessels:
a) The declarant: If the declarant requests amendments or supplements to the electronic customs declaration file information for inbound vessels that has been submitted to the customs authority, they must create and provide the amended or supplemented information electronically to the customs authority handling the vessel's procedures. In cases of force majeure, if the declarant cannot submit the electronic amended or supplemented information, the declarant must notify the customs authority in writing and provide the amended or supplemented declaration information using paper documents. The time for declaring amended or supplemented information:
a1) For amending or supplementing the import cargo declaration form and consolidated bill of lading, it must be completed before registering the import cargo declaration.
a2) For other documents, it must be completed before the vessel arrives at the port.
b) Customs authority: The Customs Sub-Department handling the inbound vessel's procedures receives, stores the amended or supplemented information in the system, and provides it to relevant units to implement related operational tasks.
Section 2
PROCEDURE FOR CLEARING INBOUND VESSELS
Article 8. Processing of Customs Declaration Information
The Customs Sub-Department at the port where the ship's entry procedures are carried out shall implement inspection, consolidation, analysis of customs declaration information from the system (declaration forms for goods, related documents, risk management information, etc.) and handle as follows:
1. In cases where the customs declaration information complies with legal regulations and there is no suspicion, the ship shall be cleared according to the guidance provided in Article 9 of this Circular.
2. In cases where there are signs of violation of customs laws and other relevant legal provisions, actively coordinate with the Maritime Port Authority and other competent agencies to handle according to the provisions of Clause 3, Article 51 of the Customs Law.
Article 9. Clearance of Ships
1. The Customs Sub-Department at the port where the ship's entry procedures are carried out shall send the "Notification of Ship Clearance" in electronic form or in writing (applicable in cases where electronic receipt is not possible) to the declarant, the Maritime Port Authority, relevant agencies, and port business enterprises according to Model No. 10 in Appendix II of this Circular. The notification clearly states:
a) The ship is cleared;
b) The ship is cleared after completing necessary procedures as guided in Clause 2, Article 8 of this Circular.
2. The declarant shall implement decisions and instructions of the customs authority according to the "Notification of Ship Clearance".
3. When the ship enters the safe anchorage position designated by the Port Authority and after completing entry procedures with other management agencies, the Shipping Company/Shipping Agent shall notify the arrival of the ship electronically to the Customs Sub-Department handling the ship's procedures (according to Model No. 2 - Appendix I). The time of notifying the ship's arrival at the port is determined as the time when imported goods are transferred onto the ship at the Vietnamese border gate, serving as the basis for implementing related management policies.
Chapter III
PROCEDURES FOR RECEIVING CUSTOMS DECLARATIONS AND ELECTRONIC CLEARANCE OF SHIPS DEPARTING
Section 1
PROCEDURES FOR ESTABLISHING, SENDING, RECEIVING AND PROCESSING CUSTOMS DECLARATION INFORMATION OF SHIPS DEPARTING
Article 10. Creation of Electronic Information for Customs Declarations
1. The declarant may choose one of the following two methods to create electronic information:
2. The electronic customs file for aircraft entering the country includes certificates according to the models prescribed in Appendix IV issued together with this Circular, specifically:
b) Declare directly on the General Department of Customs's electronic portal.
2. The electronic customs declaration dossier includes six types of documents according to the models prescribed in Appendix II of this Circular:
a) Export Goods Declaration Form (Model No. 1);
b) Common Declaration Form (Model No. 3);
c) Crew List (Model No. 4);
d) Crew Luggage Declaration Form (Model No. 5);
đ) Ship Stores Declaration Form (Model No. 6);
e) Passenger List (if applicable) (Model No. 7).
Article 11. Procedures for Sending and Receiving Electronic Customs Dossiers
1. Time limit for sending electronic customs declaration files:
a) The declarant sends the electronic customs declaration dossier no later than one hour before the ship departs from the port. If the information sent to the customs authority is incomplete at this point, the declarant is responsible for sending the amended and supplemented declaration information no later than six hours after the ship departs according to the guidance provided in Clause 3 of this Article.
b) In cases of force majeure, if the declarant cannot send the electronic information as stipulated in Clause 2 of Article 10 above, the declarant must issue a written notice and proceed with customs formalities using paper documents according to current regulations.
2. Reception and feedback of electronic customs declaration file information:
a) The electronic data processing system receives electronic declaration information 24/7.
b) Feedback of information:
b1. In cases where the declaration information meets all criteria and formats as prescribed, the electronic data processing system automatically sends acceptance information for the customs declaration (Model No. 9 in Appendix II).
b2) In cases where the declaration information is incomplete, the electronic data processing system automatically sends a notification of reasons for non-receipt and guides the declarant to re-declare (Model No. 9 in Appendix II).
3. Amending and Supplementing Information on Electronic Customs Dossiers for Departing Ships:
a) The declarant: If the declarant requests amendments or supplements to the electronic customs declaration dossier for departing ships that have been submitted to the customs authority, they must create amended and supplementary declaration information and notify the customs authority handling the ship's procedures electronically.
b) The customs authority: The Customs Sub-Department handling the departure procedures of the ship receives the amended and supplementary declaration information, stores it in the system, and provides it to relevant units to implement related operational tasks.
Section 2
PROCEDURES FOR CLEARING SHIPS DEPARTING
Article 12. Processing of Customs Declaration Information
The Customs Sub-department at the port where the departure procedures for the outbound vessel are carried out shall conduct inspection, consolidation, analysis of customs declaration information from the system and handle as follows:
1. In cases where the customs declaration information complies with legal provisions and there is no suspicion, the vessel shall be cleared according to the guidance provided in Article 13 of this Circular.
2. In cases where there are signs of violation of customs laws and other relevant legal provisions, actively coordinate with the Maritime Port Authority and other competent agencies to handle according to the provisions of Clause 3, Article 51 of the Customs Law.
Article 13. Clearance of Vessels
1. The Customs Sub-department handling the vessel's departure procedures sends the "Notification of Vessel Clearance" electronically or in writing (applicable when electronic transmission is not received) to the declarant, maritime port supervision authority, relevant agencies, and port operating enterprises (Form No. 10, Appendix II). The notification clearly states:
a) The ship is cleared;
b) The vessel is cleared after completing necessary procedures as directed in Clause 2, Article 12 of this Circular.
2. The declarant shall implement decisions and instructions of the customs authority according to the "Notification of Ship Clearance".
3. After completing the departure procedures for the relevant authorities, the Shipping Company/Shipping Agent sends an electronic notification of the vessel's departure from the port to the Customs Sub-department handling the vessel's departure procedures (Form No. 3, Appendix I). The time of sending the notification is determined as the time when the vessel and export goods depart from the Vietnamese port to implement related management policies.
Chapter IV
IMPLEMENTATION
Article 14. Effective Date
This Circular takes effect from June 28, 2011.
Article 15. Implementation Organization
1. The Director General of the General Department of Customs, based on Decision No. 19/2011/QĐ-TTg dated March 23, 2011 of the Prime Minister and this Circular:
a) Establishes and publishes the standard format for electronic data.
b) Building the General Department of Customs' electronic portal and the electronic customs declaration system.
c) Decides on the selection of shipping companies, shipping agents, and Customs Sub-departments at seaport gates to participate in pilot implementation phases.
d) Develops plans to direct and guide the units conducting the pilot and proactively coordinate with related organizations and individuals to implement the program.
đ) Develops a roadmap to guide freight forwarders in creating and submitting detailed electronic information about consolidated bills of lading to the General Department of Customs' Electronic Portal.
e) Upon completion of each pilot phase, organizes interim reviews, final evaluations, and reports the results to the Minister of Finance for submission to the Prime Minister.
2. During the implementation of this Circular, if any issues arise, organizations and individuals involved are requested to promptly reflect them to the Ministry of Finance (General Department of Customs) for consideration and resolution./.
Văn bản gốc (PDF)
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: