CIRCULAR Guide to customs import, export goods must be quarantined _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based Customs Law No. 29/2001/QH10 on 29/6/2001 and the law amending and supplementing some articles of the Customs Law No. 42/2005/QH11 on 14/6/2005;
The base veterinary Ordinance No. 18/2004/PL-UBTVQH11 on 29/4/2004;
Base Protection Ordinance and the quarantine of 36/2001/PL-UBTVQH10 dated 25/7/2001;
Pursuant to Decree No. 154/2005/ND-CP dated 15/12/2005 of the Government detailing some of the customs law on customs, inspection, customs supervision;
Pursuant to Decree No. 32/2005/ND-CP dated 15/3/2005 of the Government detailing the implementation of a number of articles of the Ordinance on veterinary medicine; Decree No. 119/2008/ND-CP on November 28, 2008 the Government's amendments and supplements to some articles of the Decree No. 32/2005/ND-CP dated 15/3/2005 of the Government;
Pursuant to Decree No. 02/2007/ND-CP on 05/01/2007 the Government quarantine;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance.
The Ministry of finance instructed the customs export and import goods subject to quarantine as follows: article 1. Scope and objects 1. Scope: this circular Guide to customs export and import goods subject to the animal quarantine, plant quarantine, quarantine aquatic products (hereafter referred to collectively as the quarantine).
2. Objects: this circular apply to organizations, individual export, import of goods subject to quarantine (hereinafter referred to as the owners); the Bureau of customs, the customs procedures for export and import of goods (including electronic customs procedures), organizations and individuals concerned.
Article 2. Customs clearance of goods imported to control room 1. The case of shippers filed notice of quarantine Exemption Certificate or a certificate of quarantine, customs procedures and customs clearance of goods, does not require submission of the quarantine certificate.
2. where the owners filed a quarantine certificate, the customs agency involved based on the quarantine locations recorded in the quarantine certificate to perform the customs clearance of goods under one of the following circumstances: 2.1. Quarantine location in case the gate and inland ports (ICD): a) for shipment of registered Declaration at the Customs Bureau gate or customs Bureau ICD: when shippers filed a certificate of quarantine (original), the Bureau of customs gate or customs Bureau ICD Customs cargo.
b) for a shipment of registered Declaration at the Customs Bureau outside the gate: when shippers export quarantine certificate (original), the Bureau of customs gate transfer gate; When the shippers filed a certificate of quarantine (original), the Bureau of customs clearance of goods outside the gate.
The case of Bureau of customs gate reality check of the goods according to the Customs Agency's proposal beyond the gate, when shippers filed a certificate of quarantine, customs clearance done gate goods and transfer the records according to the regulations for imported goods moved the gate.
2.2. in case the quarantine location in quarantine, plant, factory, warehouse, customs inspection locations outside the gate: a) for shipment of registered Declaration at the Customs Bureau gate: a. 1) When filing Paper shippers and cargo (original) issued by quarantine authorities, the Customs Bureau to gate delivery shippers about the quarantine location follow a quarantine certificate. In other notes box on the customs declaration (a save the Customs and a customs people), customs officer recorded the check result queue "; day, month, year ", signed, stamped and civil servants.
a. 2) When shippers filed a certificate of quarantine (original), the Bureau of customs gate complete the customs clearance of the goods.
b) for a shipment of registered Declaration at the Customs Bureau outside the gate: b. 1) When Shippers freight certificate (or relevant papers to allow carriage of goods on the quarantine location) due to the quarantine authority level, the Bureau of customs procedure solved gate-gate as specified. Shippers are responsible for preserving the status quo of the goods to perform quarantine.
b. 2) When shippers filed a certificate of quarantine, customs clearance of goods outside the gate.
c) time limit for shippers must submit a certificate of quarantine at the latest within 30 days from the date on the quarantine location. The case of shippers filed slowly or does not submit the quarantine certificate shall be dealt with according to the provisions in paragraph 3 article 6 of this circular.
Article 3. Customs clearance of goods for export are quarantined 1. When the export procedure the goods subject to quarantine, shippers filed 01 copy, present the original quarantine certificate or proof of eligibility export quarantine (quarantine certificate) due to the quarantine authority issued to customs Sub-Department where sign Declaration to export procedures.
2. for goods moving gate has been quarantined quarantine certificates and inland, to the gate was a certificate of export quarantine as proposed by buyer or importer's regulations, shippers must submit 1 a coppy, present a photocopy of a certificate of export quarantine Bureau to customs export procedures gate , confirmed on the copy, switch to the Customs Bureau outside the gate saved track.
Article 4. Customs clearance of goods to quarantine for some other cases 1. Temporary goods import-re-export: a) When temporary importing procedures: implement adopted as for imports under the guidance in article 2 to this circular.
b) When doing the procedure appeared: Bureau of customs bonded manufacturing based on test results and confirmation of eligibility export quarantine facility for the export of the goods.
2. the temporary export goods re-entering: a) when filling a temporary export: done through as for exports according to the guidelines in article 3 of this circular.
b) upon re-entering: perform customs clearance as for imports under the guidance in article 2 to this circular.
3. Goods in transit, transfer, transit: a) where goods are shipped straight from exporter to importer, not through the gate is not Vietnam customs procedures.
b) where goods in transit, transfer, transit through the territory of Vietnam or have passed through the gate and Vietnam brought in bonded warehouse, cargo transit areas in Vietnam, the seaport as for temporary import-re-export as instructed in paragraph 1 of this article.
4. Goods exported, imported Africa trade: import, export Africa trade (including goods, bring the exit entry) in an have to quarantine: quarantine owners must register with the quarantine authorities, the Bureau of customs procedures for customs clearance of goods only , when there are quarantine certificates.
5. Goods exchange of border residents: commodities exchange of border residents to perform quarantine under the provisions of point b of section 3, part I, circular No. 01/2008/TTLT-BTC-BGTVT-BCT-BNNPTNT-BYT-NHNN dated Jan. 31/01/2008 of the Ministry of industry and trade, finance, transportation, agriculture and rural development. , Health, State Bank.
Article 5. Responsibilities of owners 1. Make customs procedures under current rules and customs clearance of goods according to the instructions in this circular as exports, imports of goods subject to quarantine.
2. Is responsible for preserving the status quo for the shipment of goods to be taken to a quarantine location outside the area of the customs management to carry out the quarantine requirements.
3. Submission of quarantine certificates for customs authorities to complete the customs clearance of goods in accordance with prescribed time limit.
4. Make decision on disposal of the competent authorities for the violations of law related to the procedure of the quarantine and customs procedures.
Article 6. The responsibility of the Bureau of customs 1. Make customs procedures under current rules and customs clearance of export-import goods to quarantine under the guidance of this circular.
2. the track record of the shipment delivered to the shippers brought about preserving awaiting quarantine results. Ago 5 days, expiration, filed a certificate of quarantine, has written notice to shippers filed a quarantine certificate to complete the customs clearance of the goods.
3. Processing of violating rules on submission of a certificate of quarantine: a) where shippers filed slowly quarantine certificates specified in point 2.2 article 2 paragraph c of this circular, then set the minutes, sanctioning administrative violations regarding submission of vouchers slow in customs records as defined in paragraph 3 article 1 Decree 18/2009/ND-CP on February 18, 2009 by the Government unless filed slowly due to extended quarantine, the quarantine agency are notified in writing to the customs procedure.
b) where once announced but no shippers filed a certificate of quarantine regulations, the establishment of records breached (including: text recommended investigating the shipment notification text, shippers filed a certificate of quarantine, customs records of the shipment), moved to force anti-smuggling investigations directly under the Customs Bureau the city, to investigate and handle according to the provisions of the law.
c) to notify the quarantine agency owners violated, dealt with under the provisions of point a, point b of this clause or to quarantine authorities quarantine measures applied at the gate for merchandise imports of infringing goods home. The announcement was made at the latest within two working days from the date of processing of the case.
4. Handle for goods do not meet the requirements for quarantine:
a) goods are recycled: permission to base the decision of the competent authorities for carrying goods owners about recycling, on record "goods are recycled according to decision of ... on ..."; case shipments are preserved in quarantine zones or warehouses for preservation of the shippers make recycling according to the decision of the competent authority. When the shippers filed the original quarantine certificate or certificate of competent authority shipment to meet the requirements of importing, then complete the customs clearance of the goods.
b) goods forced culling: base decisions of competent bodies, confirming "the goods being destroyed by decision of ... on ..., report on the destroyed goods day ..." on the Declaration of import goods to complete customs shipment.
c) goods forced back: grounded decision of the competent authorities, the re-export of goods procedures as specified for the goods already imported but must be returned. Don't settle back into the goods tax-free by Vietnam. Customs records, are not required to have received approval of foreign shippers. When done the procedure appeared on number of records, decided to tie up re-export declarations to import and export declarations to the liquidity of the shipment declarations.
5. Cooperation with the authorities in providing information, customs records; Advisory Board participants, processing and other related things when required.
6. registered owners manual quarantine for unknown shippers of goods subject to quarantine when clearing customs.
7. Coordinate with quarantine agencies along to check the goods for shipment to moderate moderate customs inspection quarantine in order to limit the cargo owners must present many functional bodies.
Article 7. Effect 1. This circular is effective from 15/02/2011 and replace the content of the Guide on customs export and import goods to quarantine stated in circular No. 17/2003/TTLT/BTC-BNN-BTS on 14/3/2003 of the Ministry of finance, Ministry of agriculture and rural development. Ministry of fisheries (now merged with the Ministry of agriculture and rural development).
2. During the implementation process, if obstacles arise suggest individual organizations reflected on the Ministry of Finance (Customs Administration) to consider resolution./.