Joint Circular No. 967/TTLB-NV-TCHQ stipulates the handling of imported motorcycles that have not gone through customs procedures.

JOINT CIRCULAR

DECISION NO. 967-TTLB/NV/TCHQ OF THE MINISTRY OF HOME AFFAIRS - GENERAL DEPARTMENT OF CUSTOMS DATED JULY 8, 1988 ON THE HANDLING OF MOTORCYCLES IMPORTED WITHOUT CUSTOMS PROCEDURES

In recent years, many types of capitalist and socialist motorbikes imported without customs procedures have appeared in many localities within the country. These motorbikes are not registered with public security agencies and freely circulate on roads, causing significant difficulties and obstacles for the Public Security sector in maintaining social order, safety, and general security.

The origins of these motorbikes are as follows:

1. Residents in border areas between Vietnam and Laos; Vietnam and Cambodia, particularly in southwestern border provinces, directly buy and sell from each other.

2. Vietnamese officials, soldiers, workers, and students working, fighting, laboring, or studying abroad bring them back or send them back to their families without completing customs procedures, only temporarily allowed by border customs to keep them in storage.

3. Laotian and Cambodian officials and students coming to Vietnam for work or study bring motorbikes with them and then sell them to Vietnamese people.

4. Military units purchase motorbikes under the guise of selling off surplus items to officials and soldiers for personal use.

5. Local import-export organizations at the district level and above, as well as various departments, purchase or exchange goods for motorbikes without obtaining permission from the Ministry of Foreign Economic Relations.

Motorbikes falling into the aforementioned categories are mostly imported without customs procedures or have not completed such procedures, and have not been registered by public security agencies. Owners still use them as means of transportation on roads or for trading purposes.

To strictly implement Resolution No. 68-HĐBT dated April 25, 1984 of the Council of Ministers and Directive No. 327-CT dated December 3, 1987 of the Chairman of the Council of Ministers regarding the intensification of anti-smuggling efforts and the transport of goods across borders illegally, and the policy of not encouraging the importation of motorbikes as stated in Directive No. 202-HĐBT dated July 10, 1985 of the Council of Ministers.

The Ministry of Home Affairs and the General Department of Customs have agreed to stipulate the handling of motorbikes imported without customs procedures or incomplete customs procedures as follows:

I- REGARDING MOTORBIKES IMPORTED FROM LAOS AND CAMBODIA INTO THE COUNTRY

1. Officials, workers, and students working, studying, or laboring in Laos and Cambodia who import motorbikes shall be subject to the standards set forth in Directive No. 202-HĐBT dated July 10, 1985 of the Council of Ministers and must complete customs procedures upon receiving a certificate of completion of customs procedures from the customs authority along with the non-trade import declaration form (model HQ7). They will then be eligible for registration by the public security agency.

2. Military officials, defense workers, and personnel working or fighting in friendly countries who import motorbikes shall be subject to the standards specified in Circular No. 1835-TTLB/QP/HQ dated December 19, 1987 jointly issued by the Ministry of National Defense and the General Department of Customs, and must complete all customs procedures. Upon receiving a certificate of completion of customs procedures from the customs authority along with the non-trade import declaration form, they will be eligible for registration by the public security agency.

Strictly prohibit residents in the border areas between Vietnam and Laos; Vietnam and Cambodia from transporting goods, currency, gold, and silver to friendly countries for trade or sale and importing motorbikes according to Decree No. 68-HĐBT dated April 25, 1984 of the Council of Ministers and Directive No. 327-CT dated December 3, 1987 of the Chairman of the Council of Ministers.

4. For cases where motorbikes were imported before this Circular was issued and have not completed customs procedures, the following measures shall apply:

a) For motorbikes imported before Directive No. 327-CT dated December 3, 1987 of the Chairman of the Council of Ministers, local public security agencies have compiled lists based on telegram No. 381-ĐM dated December 18, 1987 of the Ministry of Home Affairs. If the owner has complete documentation such as purchase invoices, sales receipts confirmed by local authorities or friendly country agencies, and did not go through customs procedures due to certain reasons, the owner must submit a letter to the provincial, city, or special zone customs authority where they reside. The customs authority will collect import duties and customs fees for non-trade imports and issue a certificate of completion of customs procedures for the public security agency to register the vehicle for use.

In places without a customs authority, the matter should be referred to the nearest provincial or special zone customs authority for resolution.

b) For motorbikes imported after Directive No. 327-CT dated December 3, 1987 of the Chairman of the Council of Ministers and those not included in the list compiled by local public security agencies, they shall be handled by customs authorities according to Article 5 of Decree No. 46-HĐBT dated May 10, 1983 of the Council of Ministers, which regulates administrative measures against speculative activities, smuggling, counterfeiting, and illegal business operations.

In places without a customs organization, the matter should be referred to the Finance Department for resolution according to Article 5 of Decree No. 46-HĐBT dated May 10, 1983 of the Council of Ministers.

c) For motorbikes purchased by state-owned enterprises from commercial entities at the district level and above, if accompanied by valid invoices and certificates of completion of customs procedures issued by commercial agencies, the public security agency will process the registration for use.

If the motorbike lacks an invoice or the invoice and documentation are invalid, it will be considered an illegal import and handled according to point 4, sub-section b, part I of this Circular.

II - REGARDING MOTORBIKES DECLARED AS LOST DOCUMENTATION AND REQUESTING CONFIRMATION, THE FOLLOWING MEASURES SHALL BE APPLIED:

1. If the motorbike was imported, a detailed statement must be submitted indicating the port of entry and the time of import.

The statement should be sent to the customs authority at the port of entry. That customs authority is responsible for tracing, reviewing, and confirming if the motorbike was indeed imported at that location, allowing the public security agency to proceed with registration for use.

If the motorbike has already completed customs procedures and been registered for use, confirmation will be made by the public security agency.

III. Cases where motorbikes are imported without documentation (including both socialist and capitalist motorbikes) or with unclear origins shall be considered as illegal imports and handled according to point 4, sub-section b, part I of this Circular.

IV. For motorcycles entrusted by officials, workers, and students who have been working abroad for a long time and have not yet returned home to be received on their behalf:

1. Those currently using motorcycles to receive on behalf of relatives residing abroad shall be allowed temporary importation and storage by customs authorities at border gates only if they comply with Circular No. 1933/TCHQ-GQ dated December 12, 1986, issued by the General Department of Customs, regarding customs procedures for motorcycles brought back or sent back to Vietnam by Vietnamese citizens working, studying, or laboring abroad. Specifically:

a) Regarding the sender:

The sender must submit a letter to the customs authority of the province, city, or special administrative region where the goods will arrive, clearly stating their name, passport number, duration of stay abroad, address, and occupation abroad, and must guarantee that the motorcycle is intended as a gift within the quota and timeframe they are entitled to.

The letter must be confirmed in full by a Vietnamese Ambassador or Consul or the management agency for students or workers abroad (if it is difficult to obtain confirmation from these agencies due to location constraints, then confirmation from a representative of the unit or directly responsible person may be sought).

b) Regarding the recipient:

The recipient must present identification card and household registration book. If an identification card is unavailable, they must submit a letter to the customs authority of the province, city, or special administrative region where the goods will arrive, clearly stating their name, address, and relationship to the sender (if in rural areas, the letter must be confirmed by the People's Committee of the commune. If in urban areas, the household registration book must be presented, without the need for local government confirmation on the letter).

The customs authority will issue a certificate of completion of customs procedures for the police authority to issue a usage registration.

2. Motorcycles temporarily imported and stored by customs authorities at border gates without completing customs procedures and registering with the police authority and circulating freely shall be seized by the police authority and handled according to current regulations.

3. To end the practice of receiving motorcycles for storage, for motorcycles given as gifts within the quantitative standard but lacking the necessary procedures for the recipient to register for use, henceforth, this method of receiving for storage will no longer be used, and the customs authority will issue a certificate of completion of customs procedures for the owner of the motorcycle to allow the police authority to issue a usage registration.

If the motorcycle exceeds the quantitative limit, it must be sold to state trading enterprises as stipulated in Directive No. 202-HĐBT dated July 10, 1985, issued by the Council of Ministers.