Quyết định 37/2006/QD-TTg

DECISION

ISSUING REGULATIONS ON PILOT APPLICATION OF CAT LAI OPEN PORT AREA OF SAIGON NEWPORT CORPORATION

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Vietnam Maritime Code of June 14, 2005;

Pursuant to the Commercial Law of June 14, 2005;

Pursuant to the Customs Law of June 29, 2001 and the Law amending and supplementing the Customs Law of June 14, 2005;

At the proposal of the Minister of Transport (Report No. 5130/TTr-BGTVT of August 22, 2005 and Dispatch No. 7483/BGTVT-PC of November 28, 2005); appraisal opinion of the Ministry of Justice (Dispatch No. 3172 TP / PLQT of October 26, 2005),

DECIDES:

Article 1. Issuing together with this Decision the Regulation on pilot application of Cat Lai open port area of Saigon Newport Corporation

Article 2. This Decision takes effect 15 days from the date of publication in the Official Gazette.

Article 3. The Ministry of Transport shall assume the prime responsibility and coordinate with the relevant ministries: Defense, Commerce, Finance and the agencies concerned to monitor and report to the Prime Minister on the issues arising during the implementation of this Regulation. After a year of pilot implementation, the Ministry of Transport shall assume the prime responsibility and coordinate with relevant agencies to review, assess and report to the Prime Minister the pilot results while completing Regulation "Open port area” applicable to other ports of Vietnam for submission to the Government for consideration and decision.

Article 4. Ministers, heads of ministerial-level agencies, the heads of the agencies attached to the Government, President of the People's Committees of centrally-affiliated provinces and cities; Director of Saigon Newport Corporation and other organizations and individuals concerned shall implement this Decision. /.

REGULATIONS

ON PILOT APPLICATION OF CAT LAI OPEN PORT AREA OF SAIGON NEWPORT CORPORATION
(Issued together with Decision No. 37/2006/QD-TTg of 10 February, 2006 of the Prime Minister)

Chapter 1:

GENERAL PROVISION

Article 1. Scope of regulation and subject of application

This regulation stipulates the pilot management of the open port area of Saigon Newport Corporation and is applicable to the Vietnamese and foreign organizations and individuals operating at the open port area.

Article 2. Explanation of terms

In this Regulation, the below terms are construed as follows:

1. The Cat Lai open port area (hereafter referred to as open port area) is the area at Cat Lai port under the management and operation of Saigon Newport Corporation entitled to manage and operate it as prescribed in this Regulation.

2. Transshipment containers at the open port area are containers shipped by sea from overseas to the open port area, then loaded onto ships or other means or put into storage at the transshipment area of Cat Lai port in a certain time and then put onto the ship or other means for transportation out of the territory of Vietnam.

3. The exports through the open port area are the ones from the territory of Vietnam moved into the open port area and loaded onto ship for transport abroad.

4. The imports through the open port area are the ones from foreign countries and are transported to the open port area and then into the territory of Vietnam.

5. Goods in transit through the open port area are the goods imported into the open port area by ship, and then loaded onto other means of transportation to be transported to a third country without domestic consumption in Vietnam or goods from a third country shipped through the territory of Vietnam into the the open port area, then loaded onto ship for transport abroad.

Chapter 2:

MANAGEMENT OF OPEN PORT AREA

Article 3. Limited scope and layout principles of open port area

1. Limited scope of open port area:

The open port area is the area located in Cat Lai port having range limited according to the layout of the open port area in the Appendix issued together with this Regulation. The range of the open port area is separated from other areas of the the port by enclosing wall which must meet the following basic conditions:

a) The height is not less than 03 (three) meters;

b) Inside and outside the enclosing wall and at the doors are installed with protective equipment and lights;

c) Inside along the enclosing wall is arranged the way eligible for safe traffic and convenient for fire prevention and fighting.

2. Traffic in the open port area:

The traffic in the open port area must be convenient for transport and management of goods, protection and fire prevention and fighting.

3. Signage system:

In the open port area and surrounding area must be installed with clear signage at necessary locations as: storage, trading, packing, repacking, sorting, re-sorting, consolidation, repair or container replacement, place of showcase, place for fire prevention equipment, doors and other positions related to the operation of people and means, equipment and goods.

4. Information system and protection:

In the open port area, there must be electronic systems, video cameras, security surveillance and information networked with specialized State management agencies: Customs, Border Guard, Port Authority, medical quarantine, animal quarantine, plant quarantine and other agencies concerned at the port to provide and exchange information necessary for the operation of the open port area.

The protection of the open port area shall be organized for implementation by the Director of Saigon Newport Corporation as prescribed by law.

Article 4. Services performed in the open port area.

In addition to the business of goods loading and unloading services and marine support services, the following services are allowed for pilot implementation at the open port area: buying and selling, packing, repacking, sorting, re-sorting; consolidation, repair or container replacement for transshipment containers and imported and exported goods, goods in transit.

Article 5. Goods passed through the open port area

All types of goods are passed through the open port area except the goods which are narcotics, radioactive substances, weapons, ammunition and other goods prohibited by the provisions of international Agreement in which Vietnam is a member.

Article 6. Transporting goods from the quay into the open port area and vice versa.

The goods transported from Cat Lai quay into the open port area and vice versa must be under the monitoring of the Customs agency without loading and unloading in this process of transportation.

Article 7. Processing of goods in the open port area

1. In case of sale and purchase of goods: the owner of the goods shall notify in writing to the Director of Saigon Newport Corporation and the Customs authority of the open port area 01 (one) working day prior to the date of sale or date of delivery. In the notice clearly stateing the type, amount, quantity, time, location for sale or delivery of goods in the open port area and the name of the buyer or goods receiver, the sale price and means of transportation.

2. In case packing, repacking, sorting, re-sorting, consolidation, repair or container replacement: owner of goods shall send a written notice to the Director of Saigon Newport Corporation and customs authority of the open port area 01 (one) working day prior to the intended date of processing. In the notice clearly stating the type, amount, volume, time and position of goods expected to be processed and form of processing in the open port area. The goods re-packed, re-sorted, consolidated, repaired or replaced with other containers must be kept their goods symbol and code without change of the goods origin.

3. In case the goods are broken, damaged or not received by the means of transportation within the agreed time limit: they shall be handled in accordance with the law.

4. The owner of goods shall send a written notice to the Director of Saigon Newport Corporation and the Customs authority of the open port area 01 (one) working day after the end of processing of goods as provided for in Clause 1 or 2 of this Article, in which clearly stating the amount of goods, the place of departure and destination and form of goods transported into the open port area (import, export, transit or  transhipment) and the remaining amount of goods, together with the list of goods having been processed and the relevant documents.

5. The delivery, loading and unloading of goods shall comply with the provisions of this Regulation and the provisions of other relevant laws.

Article 8. Customs procedures for goods passed through the open port area.

1. Goods from foreign countries transported into the open port area may not need importing procedures but the owner of goods or the representative must submit the customs authority the manifest.

2. The exports and imports passed through the open port area must be completed with customs procedures as prescribed.

3. The customs procedures for the goods in the transshipment containers comply with regulations of law on container transshipment services at the ports of Vietnam.

4. The goods in transit through the open port area must be completed with customs procedures as prescribed by law.

Article 9. Tax for goods passed through the open port area.

1. Goods from foreign countries transported into the open port area do not have to pay import tax, value-added tax and special consumption tax.

2. Goods from Vietnam transported into the open port area including consumer goods, stationery and office equipment for the operation of the open port area do not have to pay export tax but present sale invoice as prescribed by the Ministry of Finance.

Chapter 3:

POWERS AND RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS AT THE OPEN PORT AREA

Article 10. Powers and responsibilities of Director of Saigon Newport Corporation

In management and operation of the open port area, the Director of Saigon Newport Corporation shall have the powers and responsibilities as follows:

1. Directing the operation of the open port area under this Regulation and other provisions of the law.

2. Facilitating the specialized State management agencies to perform their tasks as prescribed by the law.

3. Coordinating with the competent agencies to seriously maintain regulations related to the people and means operating at the open port area.

4. Signing contracts with organizations and individuals on the use of equipment and infrastructure in the open port area with specific conditions and duration, in accordance with the provisions of law.

5. Suspending the operation in the open port area for the following cases:

a) There is sufficient evidence of violation of the organizations and individuals concerned in accordance with this Regulation;

b) To promptly prevent the risks which may affect the safety, security, environmental pollution or health of the community.

6. Promptly and publicly notifying the organizations and individuals concerned of the restriction related to the entry or exit and other activities in the open port area.

7. Ensuring the goods are not illegally penetrated into Vietnam according to the functions and duties assigned.

8. Proposing the competent agencies to solve problems arising in the course of management and operation of the open port area.

9. Making report to the Ministries: Transport, Defence, Commerce and Finance on the operation of the open port area every six months.

Article 11. Powers and responsibilities of the ministries and sectors

1. The specialized state management agencies at Cat Lai port such as Customs, Border Guard, Port Authority, medical quarantine, animal quarantine, plant quarantine and other agencies concerned shall:

a) Arrange a private area outside the open port area where the goods are transported into and out of the open port area to perform the procedures for the import, export, transshipment, quarantine, health care and other procedures for goods passed through the open port area;

b) Performing the powers and responsibilities of the Ministries and sectors as prescribed.

2. The Ministries and sectors concerned based on the functions and tasks to direct the agencies and organizations to implement this Regulation.

Chapter 4:

SETTLEMENT OF COMPLAINTS AND DISPUTE AND HANDLING OF VIOLATIONS

Article 12. Settlement of complaints and dispute

1. Organizations and individuals may lodge complaints to protect their legitimate rights and interests under the relevant provisions of law.

2. All disputes relating to the provisions of this Regulation shall be settled as prescribed by law.

Article 13. Handling of violation

1. Any act of violation of the agencies, organizations and individuals operating in the open port area is contrary to the provisions of this Regulation and other provisions of the law shall be handled as prescribed by law.

2. The State management agencies at the open port area shall take responsibility before law for the goods brought into the country for consumption without the supervision of the customs authorities and other relevant agencies.

3. The orgazizations and individuals shall take civil responsibilities for violations as prescribed by this Regulation caused by their agents or representatives.