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Circular 17/2003/ttlt-Btc-Bnn-Bts: A Guide To The Inspection, Monitoring The Export And Import Of Goods In An Animal Quarantine, Plant Quarantine, The Quarantine Of Fisheries

Original Language Title: Thông tư liên tịch 17/2003/TTLT-BTC-BNN-BTS: Hướng dẫn việc kiểm tra, giám sát hàng hoá xuất khẩu, nhập khẩu thuộc diện kiểm dịch động vật, kiểm dịch thực vật, kiểm dịch thuỷ sản

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CIRCULAR Of the Ministry of Finance-Ministry of agriculture and rural development Ministry & fisheries No. 17/2003/TTLT/BTC-BNN & RURAL DEVELOPMENT-BTS March 2003 Guide checking, monitoring the import, export goods in an animal quarantine, plant quarantine, quarantine fisheries _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based Customs Law No. 29/2001/QH10 on 29/6/2001;
Base Protection Ordinance and develop aquatic resources on 25/4/1989;
French veterinary command base on 15/2/1993;
Base Protection Ordinance and the quarantine of 36/2001/PL-UBTVQH10 dated 25/7/2001;
The Ministry of finance, Ministry of agriculture and rural development, Fisheries Ministry of unification guidelines make checking, monitoring the export and import of goods (in this circular are understood as goods brought from Vietnam to foreign countries and from abroad take on Vietnamese territory) of an animal quarantine quarantine, plant quarantine, fishery as follows: i. GENERAL PROVISIONS 1. Only those goods belonging to the category of goods export and import in an animal quarantine, plant quarantine by the Minister of agriculture and rural development announced; in the quarantine area fisheries by Fisheries Minister announces new quarantine procedures do.
2. The unit has issued a quarantine certificate, confirm the quarantine certificate for goods specified in point 1 above (hereinafter referred to as the quarantine agency) is the unit was assigned by decision of the Minister of agriculture and rural development. Minister of fisheries (according to Appendix 1 attached to this circular is the quarantine agency are on duty).
3. for goods exports, imports of non-trade (not business purposes) cater to consumer needs, activities of the passengers exit, entry of the diplomatic missions, international organizations, the Customs solved through not required to submit a quarantine certificate or a certificate of quarantine , except for quarantine agencies reported to quarantine for each particular item, in each specific moment.
4. The provisions of this circular do not apply to the goods in transit by air, by sea in case the goods are not unloaded down the harbor.
5. The quarantine for imported goods made according to previous registration method, check the following, namely:-before making customs procedures, shippers must register with quarantine quarantine agency.
-Quarantine authorities could quarantine at customs inspection of goods or quarantine after the goods had finished customs procedures according to the time and place specified in the quarantine certificate (according to the model in Appendix 2 attached to this circular).
II. SPECIFIC PROVISIONS 1. Responsibility of: 1.1. For goods exports: before export goods, shippers have to register and declare with the quarantine inspection procedures, quarantine certificates for goods must be quarantined in accordance with the law or at the request of the buyer.
1.2. With respect to the goods prior to import: customs procedures, shippers must register the control room (a form 3 Declaration in annex 2) with the quarantine authorities.
1.2.1. When do customs procedures, in addition to the records prescribed by the customs, must submit a quarantine certificate quarantine agency has been confirmed.
1.2.2. the quarantine after registration but not the imported goods, must pay back the quarantine Agency (where confirmed) 2 a quarantine certificate. The case when doing the import procedure, customs authorities identified as the goods were not imported into Vietnam, shippers must return it to the quarantine Agency (where confirmed) quarantine certificate (of owners) have confirmed the reason not to be imported by the customs.
1.2.3. for goods quarantine procedures after completion of customs procedures:-must take the status quo of goods has made customs procedures in the right place, the right time was registered in the quarantine certificate.
-In the case of force majeure could not put goods in the right place, the right time was registered to quarantine it must explain to the quarantine authority.
1.2.4. To strictly implement the obligations:-Just be putting goods out of circulation after quarantine authorities quarantine certificates.
-Executive decided to handle quarantine Agency (if any) for the shipment.
-For the shipment after the quarantine is not eligible to import, re-export, forced upon the exporter must present the import customs records, decided to forcibly quarantine agency's re-export and goods for the customs procedure which was importing the shipment.
2. Responsibility of the quarantine agency: 2.1. Perform the registration, confirmed on 3 a quarantine certificate, return Home every 2, 1 a.
2.2. After confirming the registration Paper tracking, quarantine, quarantine, quarantine certificates or processed according to the rules.
2.3. for the shipment had finished customs procedures, before proceeding to check out the room, must be reconciled with the goods declaration of shippers, with the customs records. If the discrepancy established thereon, processed according to the provisions of the law.
2.4. after quarantine, if goods are destroyed, then the Organization destroyed as prescribed by law; If forced to re-export goods then the decision forced back, clearly the time to perform the export, re-delivery shippers 1 a to make, 1 a sending Customs Office (where the import consignment procedures) to coordination; track your shipment until it actually appeared; handle violation for shippers do not implement strictly the decision forced back.
2.5. timely notice for the Customs Bureau of the province, the city of the Organization, the individual does not carry the right of pledge registered, coercive proposal customs the next shipment.
2.6. When individual organizations have made the decision to handle the quarantine Agency (where coercive proposal customs procedures), text-level validation to present to customs clear coercive procedures, in which the enterprise clearly coerced by announcing on January ( , violations, form processing).
3. The responsibility of the Customs authorities: 3.1. For export goods: the Customs is only required to submit a certificate of quarantine for goods to quarantine in accordance with law.
3.2. for imported goods: 3.2.1. When receiving registered customs records, ask shippers filed 01 quarantine registration certificate (original) quarantine agency has been confirmed; the prescribed procedures.
3.2.2. for imported goods had finished customs procedures were forced back by the decision of the quarantine agency, customs gate (where did the import shipment procedure) against the shipment's import profile with the fact the goods, if appropriate, the re-export procedures If not suitable then formed thereon, notify the quarantine Agency (where a decision forcing re-export) to handle in accordance with the law.
3.2.3. for those imports have registered but not quarantine are imported due to the breach of the policy management of import and export Customs procedure where the confirmation, stating the reasons on the quarantine certificate (of owners).
3.2.4. Coercive customs procedures for export and import goods of individual institutions as proposed by quarantine authorities due to violation of the law on the quarantine of imported goods have registered a quarantine.

3.2.5. Elimination of coercive when the organization or individual submitting the copy and the original text of the quarantine Agency (where coercive proposals) have made the decision to handle. A copy of the Organization must then certify, sign, seal, copies of the individual is a photocopying.
4. coordinate relations: 4.1. In the case of quarantine agencies require quarantine is finished before completion of customs procedures, the two agencies to work closely with each other and the customs clearance decisions only after the conclusion of the quarantine agency.
4.2. Every year, the Customs Bureau chaired a meeting with the relevant quarantine agencies to draw on the experience of coordinating the monitoring, inspection of goods subject to quarantine. In severe instances can held unscheduled meetings as proposed by customs or quarantine agency.
III. ENFORCEMENT Of TERMS 1. This circular is in effect from April 1, 2003. Abolish circular No. 07/industry TTLN on 31/8/1995 of the Ministry of agriculture and food industry-customs and circular No. 03/LT-TT 25/3/1997 of the Ministry of agriculture and rural development-General Department of customs.
2. The General Department of customs, Department of animal health, plant protection Department, fisheries resources Protection Department is responsible for guiding implementation of this circular.
3. The quarantine agency, the Bureau of customs gate in the implementation process, if there are problems, promptly proposed measures and reports on the superior agency directly to direct the timely resolution.