Circular No. 47/2015/tt-Btc: Regulations On The Pilot Implementation Of Prescribed Customs Surveillance Agents Make Road Transport Agreement Between The Government Of The Socialist Republic Of Vietnam And The Government Of The Country.

Original Language Title: Thông tư 47/2015/TT-BTC: Quy định về việc thí điểm thực hiện quy định Đại lý giám sát hải quan thực hiện Hiệp định vận tải đường bộ giữa Chính phủ nước CHXHCN Việt Nam và Chính phủ nước ...

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The CIRCULAR regulates the pilot implementing rules customs surveillance agents make road transport agreement between the Government of the Socialist Republic of Vietnam and the PRC Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based Customs Law No. 54/2014/QH13 on June 23, 2014;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 08/2015/NĐ-CP on January 21, 2015 of government regulation and details measures for enforcement of customs law on customs, inspection, supervision, customs control;
Pursuant to decision No. 74/2014/QD-TTg dated 24 December 2014 of the Prime on the pilot implementation of prescribed customs surveillance agents make road transport agreement between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China;
At the suggestion of the General Director of the Bureau of customs, the Minister of Finance issued a circular regulating the pilot implementing rules customs surveillance agents make road transport agreement between the Government of the Socialist Republic of Vietnam and the PRC Government.
Article 1. Scope this circular regulates the registration procedure, confirm the customs monitoring agent and the agent's monitoring activities of customs; the procedure of registering the shared customs facilities and monitoring the control certificate to transport goods subject to customs supervision; Customs procedures in the management means of China's road transport and the goods are shipped to Chinese enterprises on the territory of Vietnam.
Article 2. Application object 1. Chinese enterprises have the means of road transport (passenger cars, car trailers, lorries, cars and semitrailers shirts) when shipping goods for export, import, transit in the territory of Vietnam under regulation road transport agreement between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China.
2. the customs authority, the customs officials.
3. enterprises perform customs monitoring agents.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the road transport agreement between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China (hereinafter referred to as the transport-Vietnam agreement) include: a) the road transport agreement between the Government of the Socialist Republic of Vietnam and the Government people's Republic of China signed on November 22, 1994;
b) protocol between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China signed on 11/10/2010 amending the Treaty road transport between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China;
c) protocol between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China signed on 11/10/2010 on the implementation of road transport agreement between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China.
2. Customs surveillance agency is Vietnam business meets the following conditions: a) business is the agency competent Vietnam licensed international road transport to transport cargo on freight routes in accordance with the Treaty-Vietnam transport;
b) business business location where the means of transport by road of China made the delivery, get the goods on the territory of Vietnam and have active Customs Organization;
c) Executive business good customs law;
d) Enterprise confirmed customs monitoring agent as defined in article 4 of this circular.
Customs monitoring agent is the clue and take responsibility for road transport activities of road transport means and cargo of Chinese enterprises when the circulation and transport of goods on the territory of Vietnam under the provisions of this circular.
3. Customs Windows Media Monitoring is the certificate from the transport vehicle management of Chinese enterprises when shipping goods for export, import, transit in the territory of Vietnam under the provisions of the Treaty-Vietnam transport.
4. control certificate of goods transport in customs supervision is the certificate from the management controller (driver) for transport of Chinese enterprises when shipping goods for export, import, transit in the territory of Vietnam under the provisions of the Treaty-Vietnam transport.
Article 4. Registration, confirmation of customs monitoring agents 1. Vietnam business filed by mail or submitted directly to the General Department of customs on 1 record includes the following documents: a) the proposed text became the customs surveillance agency;
b) business registration certificate: 1 certified copy as specified;
c) license for international road transport: 1 certified copy as specified;
d) proof of business business location as defined in clause 2, article 3 b to this circular: 1 certified copy as specified.
2. Receiving and handling profile: within 15 days of receiving the proposed text became the agent of the customs surveillance and the documents referred to in paragraph 1, article 4 this circular Of the Bureau of customs are responsible to check the conditions where necessary, inspection at the headquarters of businesses and have the text approved or denied (reason) to answer the business of the enterprise meets or does not meet the conditions prescribed in paragraph 2, article 3 of this circular.
Article 5. Operation of customs monitoring agents 1. Monitoring Agent contract customs.
Vietnam business customs monitoring agent must sign a contract with Chinese enterprises have made transport carriage of goods for export, import, transit in the territory of Vietnam to become the agent of customs supervision of Chinese enterprises under the rules.
2. Deposit.
In order to ensure the proper functioning of the Vietnam law regulations for means of road transport carriage of goods on the territory of Vietnam, ensured the status quo of shipping goods subject to customs supervision, Chinese businesses filed deposit at commercial banks due to customs surveillance agents specified , the beneficiary is the customs monitoring agents. Amount deposited is 2,000,000,000 (two billion Vietnam) to apply for a Chinese enterprise, unlimited number of freight vehicles. Escrow period is the duration of the monitoring agent contract between Vietnam business (customs surveillance agency) and the China business. Escrow period ends, when the requirements of Chinese enterprises, if no fee is paid from the escrow amount, customs monitoring agent is responsible for reimbursing the amounts deposited for Chinese enterprises and the amount of interest due to the Vietnam commercial bank announced.
3. Reporting: a) the monitoring agent reports Customs Customs Administration (Ministry of Finance), the General Department of police administration of social safety order (the Ministry of public security), General Directorate of roads in Vietnam (Ministry of transport) periodically into the first week of December each year or at the request of the Bank management bodies. Report content including: a. 1) business number statistics (including the number of vehicles, driving), location, freight transport in the reporting period;
a. 2) item name, statistics the total weight and value of the export, import, transit transport by Chinese enterprises in Vietnam territory during the reporting period;
a. 3) favorable reviews, difficulties in the process of monitoring the activity of transport of goods for export, import, transit due to Chinese enterprises made on the territory of Vietnam during the reporting period; the breach (if available) and other related issues.
b) promptly notify the Bureau of customs where the level of customs Windows media monitoring the violation of Chinese enterprises in the process of implementing the monitoring agent contract customs. If your business case China has violated the provisions of law implementation in Vietnam shipping goods for export, import, transit in the territory of Vietnam, customs surveillance agency have written clearly violations of Chinese business and suggested the Bureau of customs where the suspension or halt Book level does not continue to grant customs chief Book media monitoring for Chinese enterprises in violation of.
On the basis of the content of recommendations customs surveillance agency, the Bureau of customs where the Windows-level review, proceed to verify the content of the information as reported by the monitoring agent's business customs, if found fit, the text informs the customs monitoring agents and China business results the reason to suspend or pause the Windows level media monitoring, customs processing violation or recover Windows Media Monitoring, customs documents customs surveillance agency has granted according to the regulations.
Article 6. The procedure of registering the shared customs facilities and monitoring the control certificate to transport goods subject to customs supervision.
1. Before the Chinese enterprises make shipping goods for export, import, transit in the territory of Vietnam must perform the registration procedure the shared customs facilities and monitoring the control certificate to transport the goods at the Customs office where the border road transport means China will enter the scene , exit through Vietnam's business customs monitoring agents.
2. The business filed the registration record 1st Shared customs facilities and monitoring the control certificate to transport goods subject to customs supervision are: a) the text subscribe freight business in an oversight by Customs on the territory of Vietnam: 2 original form Annex 1 attached to this circular;
b) registration documents means of transport of goods subject to customs supervision on the territory of Vietnam: 2 original form Appendix 2 attached to this circular;

c) text driver registered means of transport of goods subject to customs supervision on the territory of Vietnam: 2 original form Appendix 3 attached to this circular;
d) monitoring agent contract Customs: 1 snapshot, present a key to check the contrast;
VND) deposit certificate validity by the commercial bank released: 01 snapshot, present a key to check the contrast;
e) license for international road transport for means of transport by road freight transport operations on the territory of the two countries into deep online: submit 1 copy, present a key to check the contrast;
g) The other documents, including: g. 1) towards Chinese business: g. 1.1) the business registration Certificate of the company;
g. 1.2) business registration certificate of transport of goods by means of the container;
g. 1.3) passports or equivalent documents of the representative, responsible before the law.
g. 2) for means of transport by road of Chinese enterprises: g. 2.1) media registration certificate;
g. 2.2) audit certificate for technical safety and environmental protection;
g. 2.3) certificate of compulsory insurance and insurance of civil liability for third parties by the Vietnam insurance business issued;
g. 2.4) 8 direct shots means 45 degree tilt trailer (size 10 cm x 15 cm), clearly and licence plate of the car. 2 direct snapshot trailer (size 10 cm x 15 cm), clearly see the sea.
g. 3) for driving for means of transport by road of Chinese Enterprise: g. 3.1) employment contracts;
g. 3.2) driving licence;
g. 3.3) the passport or the driving equivalent of papers;
g. 3.4) 2 Photo 3 x 4 of driving.
The documentation referred to in point g, paragraph 2 article 6 of this circular must be notarized, translated into Vietnamese, filed 01 and present a key to compare.
The documents referred to in paragraph 2, article 6 of this circular by the competent authorities of China, the certificate must be legalized and translated, certified consular to the Vietnamese as stipulated.
3. To receive, process, and record results.
Within 7 days of receiving the registration profile the shared customs facilities and monitoring the control certificate to transport goods subject to customs supervision, customs Bureau where reception is responsible for examining, comparing and determining the validity of the documents referred to in paragraph 2 Article 6 of this circular, as a rule, the level of customs Windows Media Monitoring (form Appendix 3 attached to this circular) and certificate of control means of transport of goods subject to customs supervision (according to annex 5 form attached to this circular) for business.
Article 7. The management means of China's road transport and cargo on the territory of Vietnam 1. Principles of management: a) road transport means China only to be transported on the railway under the provisions of the Treaty-Vietnam transport, forwarding and customs procedures in the Customs Organization places.
b) means of transport for China when shipping goods on the territory of Vietnam subjected to inspection, supervision of the Customs authorities in accordance with the customs legislation.
2. management of road transport: a) When road transport means of entry: a. 1) before customs procedures for entry, means driving or Chinese business representatives present the shared customs facilities and monitoring the related documents to the customs monitoring agent to confirm the information because people stubs stubs , serving statistics, reports, confirmed the responsibility of the monitoring agent when the means of transport by road for China to enter the territory of Vietnam to the delivery location.
a. 2) Bureau of customs border make customs procedures for road transport means of entry as specified in circular No. 42/2015/TT-BTC dated 27 March, 2015 of the Ministry of finance.
a. 3) Immediately after the completion of customs formalities for means of entry, customs entry procedures for the media, public officials stamped on the shared customs supervision means to confirm the content of the information because people stubs and stubs.
a. 4) immediately after the means of transport by road for China to the delivery location, driving or Chinese business representatives present the shared customs facilities and monitoring the related vouchers for customs monitoring agents to verify the information because the person khai khai and presented to the Bureau of customs to manage delivery locations to check the contents information by the border customs has confirmed. If appropriate, the customs officer sign, seal validation on Shared media monitoring customs, returned to the drive or the representative. If the information does not match or have the offending signs (such as shipping time is not reasonable), the Bureau of customs delivery location management implementation to verify and clarify regulatory violation processing (if any).
b) When road transport vehicles exiting China: b. 1) before customs procedures for vehicles leaving the location delivery, driving or Chinese business representatives present the shared customs facilities and monitoring the related documents to the customs monitoring agent to confirm the information because people stubs stubs , serving statistics, reports, confirmed the responsibility of the monitoring agent from forwarding to destination when Chinese vehicles exit out the territory of Vietnam; at the same time present the shared customs facilities and monitoring the related documents to the Customs Bureau to manage location delivery confirmation information content do people stubs and stubs.
b. 2) immediately after the means of transport by road for China to exit location, driving or the representative presented the shared customs facilities and monitoring the related vouchers for customs monitoring agents to verify the information because the person khai khai simultaneously confirm the end of the monitoring agent's responsibility when the means of transport to places of export procedures the scene.
b. 3) before doing the customs procedures for the exit, drive media or Chinese business representatives present the shared customs facilities and monitoring the relevant documents for the Bureau of customs border to check the content of information by the Customs Bureau to manage location delivery confirmed. If appropriate, the customs officer sign, seal validation on Shared media monitoring customs, returned to the drive or the representative. If the information does not match or have the offending signs (such as shipping time is not reasonable), the Bureau of customs border verification done clarified and handle breach as defined (if any).
b. 4) Bureau of customs border make customs procedures for road transport vehicles exiting as specified in circular No. 42/2015/TT-BTC dated 27 March, 2015 of the Ministry of finance.
3. commodity management: a) Bureau of customs and border customs Bureau location management delivery made customs, inspection, customs supervision freight for delivery, got on the territory of Vietnam under the provisions for goods exported imports of transportation subject to customs surveillance at the customs law, commercial law, Decree No. 08/2015/ND-CP, Decree No. 187/2013/ND-CP, the text direction of the Ministry of finance and the General Department of customs.
b) Bureau of customs and border customs Bureau location management delivery made customs, inspection, customs supervision of goods export and import freight for delivery, got on the territory of Vietnam according to the provisions on customs freight combined in the case of goods transported on container is declared as raw goods container (FCL) and ensure the prescribed customs monitoring.
c) in the case of goods shipped for delivery, get on the territory of Vietnam was declared as retail compilation container (LCL, LTL) are transported by container has the purpose to pay middlemen, retail warehousing (CFS) it must take on the CFS warehouse where the Customs Organization activities.
4. where the Customs authorities determine the base enough to have violated the law in the process of transportation, carrying goods on the territory of Vietnam must immediately notify customs monitoring agent to coordinate the process. The escrow bank account will be used to pay the costs, losses are concerned. If the cost of the related losses, more than the amount of the guarantee, then the customs monitoring agents and Chinese enterprises have to pay costs, related losses as the value of the loss.
Article 8. Effect 1. This circular has the effect after 45 days from the date of signing and have effect to the end of October 2 in 2017.
2. The process of implementation, if the related text mentioned in this circular are modified, supplemented or replaced, then follow the new text to be modified, supplemented or replaced.
3. Customs surveillance agency has the responsibility to implement the provisions of the law and the provisions of this circular.
4. During the implementation of this circular, if there are obstacles, suggest individual organizations concerned timely reflection on the Ministry of Finance (Customs Administration) to be reviewed, the instructions./.