Circular 64/2011/tt-Btc: Guide Implementation Of Decision 19/2011/qd-Ttg On The Piloting Of Receiving Goods, A Statement From The Customs And Other Related Electronics For Vessel Entry, Dime

Original Language Title: Thông tư 64/2011/TT-BTC: Hướng dẫn thực hiện Quyết định 19/2011/QĐ-TTg về thí điểm tiếp nhận bản khai hàng hóa, chứng từ khác có liên quan và thông quan điện tử đối với tàu biển nhập cảnh, xu

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Grounded customs law No. 29/2001/QH10 on 29 June 2001 and Act No. 42/2005/QH11 on June 14, 2005 amending and supplementing a number of articles of the customs law;

The Vietnam maritime law bases the number 40/2005/QH11 on June 14, 2005;

Electronic transactions pursuant to the law No. 51/2005/QH11 on November 29, 2005;

Pursuant to Decree No. 71/2006/ND-CP dated 25 July 2006 from the Government on the management of ports and maritime flow;

Pursuant to Decree No. 154/2005/ND-CP on December 15, 2005 by the Government on regulating customs procedures, inspection regimes, customs supervision;

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;

Pursuant to decision No. 19/2011/QD-TTg dated 23 March 2011 by the Prime Minister on the implementation of the pilot receives a declaration of goods imported, other relevant information and electronic customs clearance for vessel entry, exit;

The Ministry of Finance shall guide the pilot to receive a goods declaration, other related documents and electronic customs clearance for vessel entry, exit as follows: chapter I GENERAL article 1 GUIDE. Scope this circular guides pilot receiving a testimony of the goods, the other relevant documentation in the form of electronic data and electronic customs clearance for vessel entry, exit (referred to as e-customs procedures for vessel entry, exit).

Article 2. Application object, and the time the pilot 1. Object, time, pilot: object, time pilot, made according to the provisions in clause 2; paragraph 3, paragraph 4 Article 1 of decision No. 19/2011/QD-TTg dated 23 March 2011 of the Prime Minister.

2. The selection of the carrier/shipping agent and the Bureau of customs gate ports join the pilot each stage by the General Department of customs of specific decisions. Notification procedure and selection of participants the pilot as follows: a)/shipping shipping agent sent notice to participate by electronic methods (according to the model No. 1-Addendum I) sent to the electronic portal Of the Bureau of customs.

b) pursuant to the provisions in paragraph 2, article 6, decision No. 19/2011/QD-TTg dated 23 March 2011 of the Prime Minister, within 2 working days of receiving the notice of participation/shipping agent, General Department of customs to review answers to accept or reject (reason) by electronic methods to shipping agent/carrier know.

c) where for reasons of force majeure, not performed by the electronic method to send notification of involved agents and shipping the answer of the General Department of customs referred to in point a, point b paragraph 2 this is done using paper records.

Article 3. Explain the term In this circular, the terms below are interpreted as follows: 1. electronic customs procedures for ships entry, exit: is customs procedures in which the customs declaration, affidavit and/or other related vouchers and decisions adopted for the ship's entry , exit is made through the system of electronic data processing customs.

2. the data processing system for electronic customs: Is the information system by the General Department of customs management focus, uniform, used to make the electronic customs procedures.

3. electronic customs systems: Is the information system by the customs administration, used to make the electronic customs procedures.

4. electronic ship clearance for entry, exit: the Customs Authority decided through the ship's entry, exit by electronic methods.

Article 4. The principle of conducting electronic customs procedures for ships entry, exit 1. Customs and customs information is done before the ship to the port and before the ship left port as defined in article 3 of decision No. 19/2011/QD-TTg dated 23 March 2011 of the Prime Minister.

2. The Customs vessel entry, exit was decided before the ship to the port or departing on the basis of customs information if no signs of violations. Case signs violate customs laws and the provisions of the relevant laws may have to fact check the vessel before the decision adopted.

Article 5. The electronic customs declaration for the ship's entry, exit 1. The Customs: a) carriers;

b) shipping agents;

c Corporation).

2. Creation of customs information: a) carrier/shipping agent is responsible for creating, sending and receiving electronic information according to the tutorial in article 6, article 7, article 10, article 11 of this circular.

b) case shipping/shipping agent of the same general mining ship 1st entry, exit, then the carrier/shipping agent responsible pilot participation requires carriers/shipping agent General mining ships to create, send electronic information according to the instructions in paragraph 1 , Article 6 of this circular.

c) case liners, shipping agent does not have the full details about AWB LCL as a detailed description of the goods, the consignee, the shipper, the Corporation issued invoices which are responsible to create, send electronic information tracking details LCL electronic portal to the General Department of customs under piloting roadmap by the Directorate Customs Guide.

3. When implementing e-customs procedure, the customs must use the content of the electronic declaration and the forms prescribed in this circular.

4. The General Department of customs on specific guidelines establishing information profile electronic customs declaration for the ship's entry, exit.

Chapter II PROCEDURE of RECEIVING CUSTOMS CLEARANCE and ENTRY SHIP ELECTRONIC Item 1 of the PROCEDURES to CREATE, send, receive and PROCESS INFORMATION CUSTOMS ENTRY SHIP article 6. Creation of electronic information about customs records 1. The customs are choosing one of the two forms of creation of electronic information: a) the standard format established by the General Department of Customs announced to send an electronic portal to the General Department of customs; or b) directly on the electronic portal Of the Bureau of customs.

2. electronic customs records include 11 types of vouchers (the criteria according to the form prescribed in annex II to this circular): a) affidavit of goods imported by sea (model No. 1);

b) tracking information collected (house bill of lading) (form No. 2);

c) A General Declaration (form No. 3);

d) list of crews (4);

DD) affidavit of baggage crews (5);

e) affidavit of reserves (6);

g) passenger list (if any) (7);

h) A dangerous goods declaration in case of transport of dangerous goods (model number 8).

Article 7. Procedure for sending and receiving electronic customs records 1. The time limit for sending the electronic customs records: a) for A goods declaration: a1. For cruise vessels under 5 days: slow for 12 hours before the scheduled ship docked.

A2. For other cruise ships: at the latest 24 hours before the scheduled ship docked.

b) for tracking information about the gom (House Bill of Lading): The delivery company to send electronic information about invoices LCL under piloting roadmap by the General Department of customs.

c) with regard to the other documents specified in points c, d, e, f, g, h paragraph 2 article 6: slowest is 12 hours before the scheduled ship docked. Cases/liners shipping agents get the information at the same time with a manifest, you can provide information in advance to the Customs authorities at the same time with a manifest according to the instructions at point a, paragraph 1 of this article.

d) where for reasons of force majeure, the customs can not submit the information referred to in paragraph 1 of this article when the ship docked, the Customs have written notification and implementation of customs procedures by paper records under the current rules.

2. To receive and respond to information Customs electronic records: a) the system of electronic data processing information Customs electronic declaration from time to time on 24/7.

b) feedback information: b1. Case information publicity to ensure fully the criteria prescribed format and the data processing system for electronic customs will automatically send the information content accepted customs declaration (model No. 9 Appendix II).

B2. Case opening information incomplete data processing system for electronic customs automatically send notification the reason yet to receive and guide the customs declaration (model No. 9 Appendix II).

3. the revised Declaration, additional information on the electronic customs records of the ship's entry: a) the Customs: customs records information of ship electronic entry submitted to the Customs authorities if the Customs require additional amendments must then create the information and inform the Customs office where the Customs ship by electronic methods. The case for reasons of force majeure, the Customs may not send electronic information to modify and supplement the Customs have written notice with the Customs Agency and providing information the revised declaration supplemented by paper records. The revised information, additional: a1) with regard to the amendments, additional affidavit goods tracking, LCL must be made before the time registration of customs declarations of imported shipments.

A2) for the other vouchers must be made prior to the time the ship docked.

b) Customs: customs Sub-Department where vessel entry procedures of receiving information of additional amendments stubs into the system and provides for the functional unit to deploy the task concerned.

Section 2 CUSTOMS ENTRY SHIP article 8. Customs information the Customs Bureau gate where the train entry procedures to conduct the check, synthesis, analysis, customs information from the system (a statement information goods, the relevant documentation, information risk management, ...) and the handle: 1. where customs information in accordance with the provisions of the law no doubt, then perform the Customs ship according to instructions in article 9 of this circular.


2. in case of signs of violation of customs law and the other provisions of the relevant law, the initiative in cooperation with the maritime and port authorities to handle according to the provisions in paragraph 3 Article 51 customs law.

Article 9. Customs Board 1. Bureau of customs gate where the train entry procedures sent "message through the ship" under model number 10 Annex II to this circular, electronic form or in writing (apply with no case received in electronic form) for the customs, Maritime Ports, relevant agencies and business enterprises in the port. Content notice stating: a) Be adopted;

b) Was adopted after the ship had made the necessary services for the case according to the instructions in paragraph 2, article 8 of this circular.

2. The Customs made the decisions and instructions of the Customs authorities under "reporting through the ship".

3. When the vessel to enter the safe mooring location due to the port service and upon completion of the entry procedure with the other management bodies, carrier/shipping agent sent notice to ship by electronic methods for the Bureau of customs where the procedure (according to the model No. 2 – Annex I). The time of sending the notice to the port is determined as the time of import transportation on ships to Vietnam gate, as a basis for implementing the related management policies.

Chapter III PROCEDURE of RECEIVING CUSTOMS and CUSTOMS SHIP ELECTRONIC EXIT section 1 of the PROCEDURES to CREATE, send, receive and PROCESS INFORMATION CUSTOMS EXIT SHIP article 10. Creation of electronic information about customs records 1. The customs are choosing one of the two forms of creation of electronic information: a) the standard format established by the General Department of Customs announced to send an electronic portal to the General Department of customs; or b) directly on the electronic portal Of the Bureau of customs.

2. electronic customs records include 6 types of vouchers according to the form prescribed in annex II to this circular: a) A goods declaration (form No. 1);

b) A General Declaration (form No. 3);

c) list of crews (4);

d) affidavit of baggage crews (5);

DD) affidavit of reserves (6);

e) list of passengers (if any) (form 7).

Article 11. Procedure for sending and receiving electronic customs records 1. The time limit for sending the electronic customs records: a) the Customs sent electronic customs records slowly for 1 hour before the ship left port. The case at this point, if the information has been sent to the customs bodies are incomplete, the customs people are responsible to submit the revised declaration information supplements the slowest is 6 hours after the ship left the port according to the instructions in paragraph 3 of this article.

b) where for reasons of force majeure, the customs can not submit the information referred to in paragraph 2 article 10 above, the customs people have written notification and implementation of customs procedures by paper records under the current rules.

2. To receive and respond to information Customs electronic records: a) the system of electronic data processing information Customs electronic declaration from time to time on 24/7.

b) feedback information: b1. Case information publicity to ensure fully the criteria prescribed format and the data processing system for electronic customs will automatically send information to accept the customs declaration (model No. 9 Appendix II).

B2) case opening information incomplete data processing system for electronic customs automatically send notification the reason yet to receive and guide the customs declaration (model No. 9 Appendix II).

3. the revised Declaration, additional information on the electronic customs records the ship exit: a) the Customs: customs records information of ship electronic exit sent the customs if the Customs require additional amendments must then create the modified declaration information supplement and inform the Customs office where the Customs ship by electronic methods.

b) Customs: customs Sub-Department where procedures for exiting the ship receiving the revised declaration information, additional archive on the system and provides for the functional unit to deploy the task concerned.

Section 2 CUSTOMS EXIT SHIP article 12. Customs information the Customs Bureau gate where the train departure procedures performed the inspection, General, customs information analysis and processing system: 1. where customs information in line with the provisions of the law, there is no doubt then made by ship through the guidance in article 13 of this circular.

2. in case of signs of violation of customs law and the other provisions of the relevant law, the initiative in cooperation with the maritime and port authorities to handle according to the provisions in paragraph 3 Article 51 customs law.

Article 13. Customs Board 1. Bureau of customs procedure, place the exit ship sent "message through the ship" under electronic format or writing (apply with no case received in electronic form) for the customs, Maritime Ports, relevant agencies and business enterprises in the port (model 10 in Appendix II). Content notice stating: a) Be adopted;

b) Was adopted after the ship had made the necessary services for the case according to the instructions in paragraph 2, article 12 of this circular.

2. The Customs made the decisions and instructions of the Customs authorities under "reporting through the ship".

3. After completing the exit procedures for management agencies, carriers/shipping agent sent notice of the ship left the port by using the electronic method for customs Sub-Department where the procedures (in the form of 3-Appendix I). The time of sending the notice is defined as the time of the ship and the cargo exported on ships leaving the port of Vietnam to perform related management policies.

Chapter IV IMPLEMENTATION article 14. Effective enforcement of this circular effect since January 28, 2011.

Article 15. Implementation 1. General Director of the Customs Bureau, pursuant to decision No. 19/2011/QD-TTg dated 23 March 2011 of the Prime Minister and this circular: a) building and announced the standard format of electronic data.

b) electronic information portal building of the General Department of customs and customs electronic systems.

c) decided to choose shipping agents, shipping lines, customs Bureau gate ports join the pilot each stage.

d) building plans to steer, guide and customs units where as pilot and proactive cooperation with the Organization, individuals are related to implementation.

DD) build the roadmap to guide the corporation created, send electronic information tracking details LCL electronic portal to the General Department of customs.

e) end of the pilot phase, the preliminary organization, summarizing, evaluating the results of the Finance Minister to Prime Minister's report.

2. During the implementation of this circular, if there are obstacles, suggest individual organizations concerned timely reflection on the Ministry of Finance (Customs Administration) to consider and resolve.