Chương 3 Nghị định 154/2005/NĐ-CP: Thủ tục hải quan, kiểm tra, giám sát hải quan đối với phương tiện vận tải xuất cảnh, nhập cảnh, quá cảnh

Chapter III

CUSTOMS PROCEDURES FOR, INSPECTION AND SUPERVISION OF, MEANS OF TRANSPORT ON ENTRY, EXIT OR IN TRANSIT

Article 40.- General provisions

1. Means of transport, when entering, leaving or transiting the Vietnamese territory, shall be subject to customs procedures at border-gates of their entry, exit or transit. When carrying customs procedures, if customs offices detect signs of law violations, the operators of means of transport in question must abide by customs requests for inspection or search under the provisions of law.

2. Authorities of airports, seaports and international railway stations shall have to notify in advance border-gate Customs Sub-Departments of the information specified in Article 56 of the Customs Law. Transport organizations shall have to supply border-gate Customs Sub-Departments with information on goods, passengers, crew members and persons working on their means of transport as well as information relating to the customs management of means of transport on entry, exit or in transit.

3. Information specified in Clause 2 of this Article shall be supplied in writing or via a computer network connected to Customs Sub-Departments.

4. Means of transport on entry, exit or in transit shall be subject to customs supervision according to the provisions of Article 13 of this Decree.

5. Military means of transport carrying passengers and civil goods shall be subject to customs procedures upon their entry, exit or transit, like other means of transport.

Article 41.- Airplanes on entry, exit or in transit

1. Right after the entry of airplanes and before airline agencies complete airline procedures for passengers on exit and exports, operators of airplanes or their representatives must each submit to customs offices at the airports the following documents:

a/ A list of goods and luggage;

b/ A list of crew members and servants working onboard the airplane;

c/ A list of passengers.

2. Airplanes in transit for technical stopovers shall not be subject to customs declaration but be subject to customs supervision.

Article 42.- Seagoing ships on entry, exit, in transit

1. Customs procedures:

a/ At least 01 (one) hour before the entry or exit of seagoing ships which are ready to go through customs procedures, port authorities and ship owners or representatives of ship owners shall notify customs offices at ports of information specified in Clauses 2 and 3, Article 40 of this Decree;

b/ Customs offices shall carry out procedures for entry or exit seagoing ships at prescribed locations. Where competent state agencies decide that seagoing ships will moor or anchor at other places in the Vietnamese sea areas, customs procedures for ships on entry or exit shall be carried out at such places.

2. Customs procedures:

When filling in customs procedures, shipmasters or their representatives must present to the customs office at port the ship’s log book (for entry), and a diagram of goods loaded onboard the ship, and submit the following declarations:

a/ A manifest of cargo transported onboard the seagoing ship;

b/ The declaration on departure and arrival of the ship, for entry and exit;

c/ The declaration on materials and fuel, food and foodstuff provisions of the ship;

d/ The declaration on explosives, flammables, anesthetics, toxics and weapons onboard the ship;

e/ A list of crew members;

f/ A list of passengers (if any);

g/ The declarations on goods and luggage of crewmembers.

3. All customs dossier documents already submitted to customs offices must neither be withdrawn nor amended, except for plausible reasons and the amendment of such documents will not affect the observance of the provisions of tax law and the imports and exports management policy, and is approved by Customs Sub-Department directors.

Article 43.- Seagoing ships and airplanes moving from port to port

1. Seagoing ships or airplanes moving from port to port means that ships or airplanes are moving from one port to another for unloading imports or loading exports under customs inspection and supervision.

2. Before moving from port to port, operators of ships or airplanes or their lawful representatives must submit the cargo manifests to customs offices.

3. Customs offices at places from which seagoing ships or airplanes leave shall carry out customs procedures for port-to-port movement and hand customs dossiers to the ship or airplane operators for transfer to customs offices at places in which the ships or airplanes will arrive.

4. Goods transferred from port to port, food and foodstuff provisions of seagoing ships moving from port to port must be affixed with customs seals, except where exports remain in cargo compartments and have not been unloaded from the ships.

Article 44.- Transnational trains on entry, exit, in transit

1. Transnational trains on exit: When a train arrives at a border railway station, the train master or his/her representative must submit to the customs office at the station the following papers:

a/ A declaration on the train’s members, a list of crewmembers and people working on the train, and a declaration of their luggage;

b/ A list of exports, including in-transit goods, a record of hand-over and receipt of wagons (for cargo trains);

c/ A list of passengers and their registered luggage-claim tickets (for passenger trains);

d/ A declaration on fuels, materials, food, foodstuff provisions of the train.

2. Transnational trains on entry: When such a train arrives at a border railway station, the train master or his/her representative shall submit to the customs office at the station the following papers:

a/ A declaration on the train’s members, a declaration on luggage of crewmembers and people working on the train;

b/ A declaration on imports, a record of hand-over and receipt of wagons (for cargo trains);

c/ A list of passengers and their registered luggage-claim tickets (for passenger trains);

d/ A declaration on fuels, materials, food, foodstuff provisions of the train;

e/ A manifest of cargo unloaded at each inland international railway station.

3. Transnational trains at inland international railway stations: When such a train arrives at an inland international railway station, the train master or his/her lawful representative must submit to the customs office at the station the following papers:

a/ A manifest of imports, certified by the customs office at the border international railway station;

b/ A bill of lading;

c/ A record on hand-over and receipt of in-transit goods (if the train carries international in-transit goods).

4. Managers of transnational trains or goods owners shall take responsibility for keeping goods and wagons in the same condition in the course of transportation from the inland station of loading to the station of exit (for exports) and from the station of entry to the inland station of unloading (for imports).

Article 45.- Cars on entry, exit or in transit

1. Cars defined in this Article mean cargo trucks and passenger cars for commercial purposes.

2. Cars on-entry, exit or in-transit must, when arriving at border-gates, stop at prescribed places for carrying out customs procedures. Customs declarants must declare and submit to the border-gate customs office the following papers:

a/ An entry or exit permit as provided in the land transport treaty concluded between Vietnam and the bordering country or concluded between regional countries;

b/ A customs declaration for the car on entry, exit or in transit;

c/ A declaration of imports or exports (for cars carrying imports or exports);

d/ A declaration of imported or exported luggage of the driver;

e/ A list of passengers and a declaration of their luggage (if any).

Article 46.- Other means of transport

For rudimentary vehicles on entry, exit or in transit, their owners or operators must declare and submit to customs offices the following papers:

1. A declaration of imports or exports (if any).

2. A declaration of luggage of the operator of the means of transport, people working on such means of transport and passengers (if any).

Article 47.- Means of transport of individuals or agencies or organizations which are temporarily imported for re-export or temporarily exported for re-import for non-commercial purposes

1.  Means of transport of individuals or agencies or organizations on entry or exit for non-commercial purposes defined in this Article mean passenger cars, passenger-cum-cargo cars, motorbikes, boats or canoes with or without motor engines. The temporary import or export of such means must be permitted by competent agencies under the provisions of the land transport treaty between Vietnam and the bordering country.

2. Means of transport of individuals or organizations in border areas that regularly cross the borders shall need no permits.

3. Customs dossiers shall each comprise:

a/ A customs declaration;

b/ A permit (except for temporary import for circulation in the border area);

c/ A circulation registration certificate.

4. The Finance Ministry shall guide the implementation of the provisions of Clauses 1 and 2 of this Article.