Quyết định 47/2014/QD-TTg

DECISION

PROMULGATING THE STATUTORY CODE ON THE MANAGEMENT OF INLAND CLEARANCE DEPOTS

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Government’s Decree No. 154/2005/ND-CP dated December 15, 2005 on introducing regulations on customs procedures, inspection and supervision regimes;

Given the request of the Minister of Transport,

The Prime Minister hereby decides to promulgate this statutory code on the management of inland clearance depots.

Article 1. Promulgating this statutory code on the management of inland clearance depots enclosed herewith.

Article 2. This Decision shall come into force from November 15, 2014.

Article 3. Ministers, Heads of ministerial-level agencies, Governmental organs, Presidents of the People’s Committees of centrally-governed cities and provinces shall bear full responsibility for the implementation of this Decision./.

STATUTORY CODE

MANAGING INLAND CLEARANCE DEPOTS
(Issued together with the Prime Minister’s Decision No.47/2014/QD-TTg dated August 27, 2014)

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This statutory code shall provide detailed provisions on the management of inland clearance depots in Vietnam, including activities such as investment, operation and trading of services as well as filing of required documents for completing customs procedures for imports and exports that take place at inland clearance depots.

Article 2. Applicable entities

This statutory code shall be applied to agencies, organizations and individuals who get involved in activities that occur at inland clearance depots in Vietnam.

Article 3. Applicable law

When operating at inland clearance depots, agencies, organizations or individuals must comply with provisions set out in this statutory code, other equivalent provisions enshrined in Vietnam’s laws and International Agreements to which the Socialist Republic of Vietnam is a signatory.

Article 4. Interpretation of terms

Terms used in this statutory code shall be construed as follows:

1. Inland clearance depot means a constituent part of transport infrastructure system and a focal point for arranging transportation activities closely connected with the operation of international seaports and airports, international inland ports, international border gate, and simultaneously functions as a border gate through which imports and exports are shipped.

2. Inland clearance depot customs means a customs organization that regularly operates at inland clearance depots.

3. Inspection area means a place where direct examination and inspection of incoming and outgoing persons, transports and cargos take place.

4. Administrative office area means a place where administrative, paperwork and transaction activities of interested parties take place at inland clearance depots.

5. Investor means the person who invests in the construction of inland clearance depots.

6. Enterprise bringing inland clearance depot facilities into operation (hereinafter referred to as inland clearance depot operator) means the investor or the investor’s authorized person or lessee who is vested with the right to manage and operate inland clearance depots.

Article 5. Requirements applied to the State management of inland clearance depots

1. Formulate, introduce and implement legislative documents on inland clearance depots; technical regulations and standards, eco-technical norms pertaining to inland clearance depots.

2. Formulate, approve and implement the planning for inland clearance depot development.

3. Improve rigorous policies that can provide more favorable and convenient conditions for the investment, construction and operation of inland clearance depots.

4. Conclude, enter into and implement International Agreements on inland clearance depots as stipulated by laws.

5. Announce the opening or closing of inland clearance depots.

6. Manage the investment in the construction and operation of inland clearance depot facilities.

7. Establish the competent authority in charge of managing specific sectors, including the management of persons, transports and cargos at inland clearance depots (such as cargo inspection, customs procedures processing, quarantine, environmental pollution control, fire and explosion prevention and fighting, etc).

8. Inspect, examine and deal with any possible violation in accordance with legal regulations.

Article 6. Responsibility of the governmental bodies for managing inland clearance depots

1. The Ministry of Transport shall take up their crucial role in assisting the Government in fulfilling their state management of inland clearance depots, coordinate interdisciplinary operations, and providing proper guidance on implementing the regulations relating to activities that take place at inland clearance depots.

2. The Ministry of Finance shall arrange the state management in terms of customs tasks at inland clearance depots as stipulated by laws.

3. Ministries, regulatory services and the People’s Committee of centrally-affiliated cities and provinces shall, within their duties and powers, organize the state management of customs tasks that take place at inland clearance depots.

Article 7. Location and functions of inland clearance depots

1. Location of an inland clearance depot

a) An inland clearance depot is established to meet the demand for the economic growth at areas where a large amount of container imports and exports (more than 50,000 TEU/year) are shipped or where the international bordergate acts as the transit port for the shipping of cargos, or where traffic congestions frequently occur due to a great flood of cargo transports (more than 30.000 TEU/year);

b) Location of an inland clearance depot must meet the following requirements:

- Conform to the approved planning for inland clearance depot networks;

- Stay connected with the main transport corridor (national and international transport arteries) and the seaports that serve the purpose of regional economic growth;

- Provide at least 2 modes of shipment to facilitate the multimodal transport or directly connect with one high-capacity mode of transport;

- Ensure it covers a sufficient acreage in order to locate the workplace for interested agencies and organizations, as well as allow of the adequate land reserve to meet the demand for long-term growth;

- Meet the rigorous standards for fire fighting and prevention, environmental pollution control, and the requirements for national defense and security as stipulated by laws.

2. Functions of an inland clearance depot:

a) Accept and consign containerized cargos;

b) Containerize and uncontainerize shipping goods;

c) Ship containerized cargos from inland clearance depots to seaports and in an opposite direction;

d) Examine and file documents to complete customs procedures for imports and exports;

dd) Combine individual consignments to make up a full container load, and separate consolidated shipments back into the original individual consignments for delivery to their respective consignees;

e) Serve as warehouses or temporary storage sites for exports, imports and empty containers;

g) Get containers to be repaired and maintained;

h) Other functions stipulated by laws.

Article 8. Available service lines at inland clearance depots

Depending on the operation scale and competence of inland clearance depot operator in exploiting the inland clearance depot, lines of available services to be supplied shall include:

1. Auxiliary transport services:

a) Handling service, including container and cargo handling service.

b) Freight warehousing and storage service;

c) Delivery service;

d) Freight forwarding agent;

dd) Customs brokerage service;

e) Cargo tally service;

g) Container repair, maintenance and cleaning service;

h) Other services in accordance with laws.

2. Transportation services:

a) Road transportation service;

b) Rail transportation service;

c) Inland transportation service;

d) Multimodal transport service;

dd) Cargo transshipment service.

3. Extra services for increased value such as packaging, degrouping, repacking, sorting, labeling, processing, assembling and testing of goods as well as other added value services.

4. Other services permitted by laws.

Article 9. Infrastructure systems of inland clearance depots

1. Infrastructure systems of an inland clearance depot refer to the technical facilities used to run functions of inland clearance depots, supply services available at inland clearance depots, and ensure the conformity to the national technical regulations and standards and international integration.

2. Infrastructure systems of an inland clearance depot consist of the following items:

a) Warehouses and storage sites which can meet the demand for clearing an amount of goods in conformity with the designed capacity of an inland clearance depot, and satisfy the required standards stipulated by laws.

b) Facilities that help ensure the safety and order of activities that take place at inland clearance depots; monitor incoming and outgoing persons, cargos and transports through the inland clearance depot such as gates, fence walls, screening, surveillance, control, inspection and storage devices and equipment used for the customs purpose, etc,;

c) Parking lots intended for transports, cargo handling equipment and other means of transports operating at inland clearance depots;

d) Internal streets and roads connected with the public transportation system;

dd) Railroad stations, ship ports or berths used for inland waterway transportation;

e) Office-related zone including administrative and working office intended for relevant institutions such as customs, quarantine, finance and banking, together with other infrastructure utilities (such as power and water supply, sewage disposal, and communications system, etc.).

Chapter II

MANAGEMENT OF THE INVESTMENT IN THE CONSTRUCTION AND OPERATION OF INLAND CLEARANCE DEPOTS

Section 1. MANAGEMENT OF THE INVESTMENT IN THE CONSTRUCTION OF INLAND CLEARANCE DEPOTS

Article 10. Principles of the investment in the construction of inland clearance depots

1. Vietnamese and foreign organizations or individuals who invest in constructing an inland clearance depot must comply with the approved planning for inland clearance depot development, legal regulations on investment and construction as well as other relevant laws.

2. Inland clearance depot infrastructure funded by the government budget, when being leased for the operation purpose, must comply with the regulations laid down in this statutory code and other relevant laws.

3. Enterprises are encouraged to get involved in the operation of international ports, international marine transportation, international multimodal transport, rail transportation, inland shipping, civil air transport and other enterprises that have proved their competence in investing in the construction and operation of inland clearance depots.

Article 11. Formulation, verification, approval and management of the planning for development of inland clearance depot

1. Formulation, verification, approval and management of the planning for inland clearance depot development must conform to this statutory code and other relevant laws.

2. Responsibility of the Ministry of Transport

a) Formulate and request the Prime Minister to approve the general planning for inland clearance depot development, or make a request for proper adjustments to be made to such an approved planning;

b) Approve and modify the detailed planning for inland clearance depot development in accordance with laws;

c) Publicly disclose, provide directions and carry out the examination over the implementation of the approved planning.

3. Responsibility of Ministries and provincial People’s Committees

a) Cooperate with the Ministry of Transport to manage the implementation of the planning for inland clearance depot development in accordance with this statutory code and other relevant laws;

b) Allow of the sufficient land reserve intended for the development of inland clearance depots in compliance with the approved planning.

Article 12. Detailed planning for inland clearance depot development

1. Detailed planning for inland clearance depot development must conform to the approved general planning for inland clearance depot development.

2. Detailed planning for inland clearance depot development is aimed at helping determine the location, size, roles and functions of inland clearance depots, and modalities through which the transport system of these inland clearance depots are connected with national transport system, as well as meeting requirements for the long-term operation and development of inland clearance depots.

3. Details represented in the detailed planning for inland clearance depot development shall include

a) Location;

b) Role and function;

c) Size;

d) Capacity;

dd) Plans for the interconnection of transport and technical infrastructure systems.

Article 13. Detailed planning for the construction of inland clearance depots

Based on the approved detailed planning for inland clearance depot development, the investor shall formulate a detailed planning for the construction of inland clearance depots for submission to competent authorities to request their approval as stipulated by laws.

Article 14. Interconnection of transport networks of inland clearance depot

1. The interconnection of transport networks of inland clearance depot must adhere to the competence in performing the effective operation and proper utilization of connected transport modes.

2. The interconnection of transport networks of inland clearance depots with transport modes must comply with the legal regulations on management, protection, utilization and operation of infrastructural systems of such transport modes.

Article 15. Procedural steps in the investment in the construction of inland clearance depots

1. At the investment preparation stage, in addition to observing the legal regulations on investment and construction, the investor is also required to dispatch 01 set of documents (an original or certified copy) by postal mails or directly to the Ministry of Transport.

Required documents shall include:

a) A request form for permission to invest in constructing inland clearance depots in which the location, roles, functions, size, capacity and transport interconnection modalities must be clearly stated;

b) A written demonstration of the investment in constructing inland clearance depots, prepared in accordance with legal regulations on investment and construction, in which all information about inland clearance depots must be clearly specified as stipulated at Point a Clause 1 of this Article;

c) A general drawing representing the location, transport interconnection modalities and site layout plan for inland clearance depots.

2. The Ministry of Transport shall be in charge of receiving documents; if the submitted documents are not valid, organizations or individuals who filed such documents are advised to make them become complete.

3. Within a period of 07 working days as from the date on which a full set of valid documents are received under the regulations set out in Clause 1 of this Article, the Ministry of Transport shall grant a written consent to the construction of inland clearance depots; if such application is rejected, a written response must be sent to the applicant and a clear explanation for that rejection must be enclosed as well.

4. Within a period of 12 months as from the date on which the written consent to the construction of inland clearance depot from the Ministry of Transport is granted, if such construction project is not executed as required by the legal regulation on investment and construction, the written consent thereto shall become ineffective.

Section 2. PROCEDURAL STEPS IN ANNOUNCING THE OPENING AND CLOSING OF INLAND CLEARANCE DEPOT

Article 16. Requirements for announcing the opening of inland clearance depot

1. Inland clearance depot infrastructure has been completely constructed and has successfully passed the acceptance testing before being brought into operation in accordance with laws.

2. The investor has already submitted a full amount of documents in accordance with the regulations set out in Clause 1 Article 18 of this statutory code.

Article 17. Authority to announce the opening or closing of inland clearance depot

1. The Minister of Transport shall have the authority to announce the opening or closing of inland clearance depots.

2. The Minister of Finance shall make a decision on the establishment of the customs clearance division at an inland clearance depot that has been announce to be opened, or termination of the customs clearance division at an inland clearance depot that has been announced to be closed in accordance with laws.

Section 18. Procedural steps in announcing the opening and closing of inland clearance depots

1. After completing the construction of inland clearance depot, the investor shall send 01 set of documents by postal mails or directly to the Ministry of Transport. Required documents must include:

a) A request form for the announcement of the opening of inland clearance depots;

b) A written decision to grant the approval of the construction of inland clearance depots made by competent authorities in accordance with laws (an original or certified copy);

c) Written proofs of the legality of land use right (certified copy);

d) A written record on the acceptance testing before bringing the project into operation, enclosing an as-built drawing of infrastructural facilities that have been completely developed (an original);

dd) Other certificates of compliance with regulations on the prevention and control of fire, explosion and environmental pollution set out by competent authorities in accordance with laws;

2. The Ministry of Transport shall be in charge of receiving documents; if the submitted documents are not sufficient, organizations or individuals who filed such documents are advised to make them become complete.

3. Within a period of 15 working days as from the date on which a full set of valid documents are received under the regulations set out in Clause 1 Article 18 of this statutory code, the Ministry of Transport shall make a decision to announce the opening of inland clearance depot; if such application is rejected, a written response must be made and a clear explanation must be included as well.

Article 19. Cases in which an inland clearance depot must be closed

1. Reasons for national defense and security assurance or other special reasons are respected;

2. Such inland clearance depot is no longer eligible to be operated with reference to legal regulations, or the assessment of competent regulatory agencies who are tasked with the management of inland clearance depots;

3. At the request of the investor.

Article 20. Procedural steps in announcing the closing of inland clearance depots

1. Procedural steps in announcing the closing of inland clearance depots as regulated in Clause 1 Article 19 of this statutory code shall be applied to the following cases:

a) In an emergency case, the Ministry of Transport shall have the authority to make a decision to close the inland clearance depot and then report this to the Prime Minister;

b) In other cases, no later than 05 working days as from the date on which a written request for the announcement of the closing of inland clearance depot is made, the Ministry of Transport shall consult with concerned organs in relation to the closing of inland clearance depot and the announcement thereof; in case of being rejected, a written explanation for this rejection must be presented as well.

2. Procedural steps in announcing the closing of inland clearance depot as regulated in Clause 2, 3 Article 19 of this statutory code shall include:

a) Organizations or individuals submit their written request for the announcement of the closing of inland clearance depot directly or by postal mails to the Ministry of Transport;

b) The Ministry of Transport shall receive and examine the suitability of submitted documents, issue a note on document receipt and set an appointment date on which the conclusive result after documents have been processed will be informed (in case of documents filed directly);

c) In case of finding out invalid documents, no later than 01 working day as from the receipt of documents, the Ministry of Transport shall advise applicants to make them complete in compliance with legal regulations;

d) No later than 05 working days as from the date on which a written request is received, the Ministry of Transport shall consult with concerned organs in relation to the closing of inland clearance depot and the decision on the announcement of the closing thereof which shall be then sent to the applicant by postal mails, or directly contacting the Ministry of Transport to receive such decision; if the request is rejected, a clear explanation must be provided as well.

Section 3. MANAGEMENT AND OPERATION OF INLAND CLEARANCE DEPOTS

Section 21. Principles of management and operation of inland clearance depot

1. The inland clearance depot investor shall decide the investment project type and plans for operation of inland clearance depot facilities.

2. Inland clearance depot infrastructure funded by the government budget, when being leased for the operation purpose under, must comply with the regulations laid down in this statutory code and other relevant laws.

3. Inland clearance depot operator is entitled to enter into the contract to supply inland clearance depot services with organizations or individuals provided that this shall comply with legal regulations.

Article 22. Management and provision of transport services connected with inland clearance depot facilities

Inland clearance depot operator is entitled to operate on their own or enter into the contract to supply inland clearance depot services connected with inland clearance depot facilities with organizations or individuals provided that this shall comply with legal regulations.

Article 23. Internal transport within the precincts of an inland clearance depot

1. The connection between internal transport system within an inland clearance depot and external transport system outside the precincts of an inland clearance depot must ensure the compatibility, convenience and safety.

2. The internal transport must ensure convenience and safety for incoming and outgoing persons, vehicles and cargos through an inland clearance depot.

3. The entrance and exit ways in the inland clearance depot must be separately arranged for road and rail transports.

4. Within the precincts of an inland clearance depot and its vicinity, signs must be installed conspicuously in conformity with required technical regulations at merchandise handling areas, necessary zones and places where firefighting and prevention equipment, entrance or exit ways are located, and other locations relating to human activities, vehicles, equipment and merchandise.

Section 4. MANAGEMENT AND OPERATION OF INLAND CLEARANCE DEPOT FACILITIES FUNDED BY THE GOVERMENT BUDGET

Article 24. Principles of the management of inland clearance depot operations

Inland clearance depot facilities funded by the government budget shall be leased to serve the purpose of being wholly or partially operated. Appointment of an organization or individual as an eligible lessee of inland clearance depot facilities funded by the government budget shall comply with the regulations laid down in this statutory code and others set out in the bidding law.

Article 25. Authority to decide plans for the operating lease of inland clearance depot facilities

Regulatory agency in charge of deciding to invest in the construction of inland clearance depots shall have the authority to approve the plan for the operating lease of inland clearance depot facilities and the result of lessee selection.

Article 26. Plans for the operating lease of inland clearance depot facilities

1. Lessors shall be responsible to prepare plans for the operating lease of the inland clearance depot facilities. The key information provided in such plans shall include:

a) Lessor’s name;

b) List and technical specifications of leased facilities;

c) Value of leased facilities;

d) Maturity date of lease contract;

dd) Lease price that has been reported to competent authorities for the purpose of obtaining their approval;

e) Leasing terms and conditions;

g) Capital recovery capability;

h) Rights, obligations and responsibilities of lessee and lessor;

i) Forms of lessee selection;

k) Contract type;

l) Schedule of lessee selection.

2. In respect of inland clearance depot facilities under construction, before bringing them into operation, the lessor must prepare the lease plan for submission to competent authorities to obtain the approval and comply with regulations laid down in this statutory code.

Article 27. Lease price applied to the operating lease of inland clearance depot facilities

1. The applicable lease price thereof shall comply with legal regulations on price. The Minister of Finance shall decide this lease price on the basis of the request made by the investor or regulatory agency in charge of approving the plan for the operating lease of inland clearance depot facilities.

2. The lease price applied to the operating lease of inland clearance depot facilities must be approved by the regulatory agency that grants the investment decision but shall not be lower than the price that the Minister of Finance has decided.

3. Lease price applied to the operating lease of inland clearance depot facilities shall be determined on the basis of the followings:

a) Fixed receipts are calculated on the basis of annual asset depreciation rate, loan repayments and loan interests (if any), operating costs and other expenses in accordance with laws. Operating lease term of inland clearance depot facilities used in the calculation of lease price is 30 years at the maximum. Lease price applied to the operating lease of inland clearance depot facilities shall not be lower than the fixed receipts;

b) Changeable receipts shall be identified as the receipts calculated on the basis of the annual percentage of revenue gained from the leased assets;

c) Value of leased assets;

d) Technical specifications of leased assets;

dd) Leasing terms and conditions;

e) Rights, obligations and responsibilities of contracting parties;

g) Other necessary contractual requirements.

4. The lessor who leases inland clearance depot facilities shall be responsible for requesting the competent authority in charge of granting the investment decision to consider and approve the adjustment to the lease price applied to the following cases:

a) Happening once in every 05 years;

b) Whenever the inflation rate in Vietnam grows by more than 15%/year;

c) Other cases in which lessor or lessee makes a proposal which is then approved by the authority in charge of granting the investment decision.

Article 28. Criteria for selecting the lessee to operate inland clearance depot facilities

Lessees must fulfill the following requirements before being selected to operate the inland clearance depot facilities:

1. Be of the legal status;

2. Gain adequate practical experience from the past management of inland clearance depot operations;

3. Have the financial competence;

4. Employ a sufficient staff of employees to manage the operation of inland clearance depot facilities that they are going to lease;

5. Represent their plan for the operation of inland clearance depot facilities in the most efficient manner;

6. Offer the highest lease price but do not remain lower than the lease price decided by the lessor, which is applicable to the approved plan for the operating lease of the inland clearance depot facilities.

Article 29. Form of lessee selection

1. Form and process of lessee selection shall comply with the regulations laid down in this statutory code and other relevant laws on bidding.

2. The Ministry of Transport shall direct and cooperate with relevant authorities in performing the preparation and issuance of necessary documents and templates that applicants must follow to bid for the operating lease of inland clearance depot facilities funded by the government budget.

Article 30. Operating lease of the inland clearance depot facilities

1. The operating lease of the inland clearance depot facilities must conform to the contract entered into by both contracting parties. The contract for the operating lease of inland clearance depot facilities must be made with reference to the approved result of lessee selection and in conformity with relevant laws.

2. The lease contract shall consist of the main information as follows:

a) Name, address, account number of the lessor;

b) Name, address, account number of the lessee;

c) Lease term;

d) Contractual lease price, terms and modes of payment;

dd) Rights and obligations of the lessor and lessee;

e) List of leased assets;

g) Conditions and processes for adjustments to the lease contract;

h) Dispute settlement.

Article 31. Use of proceeds from the operating lease of inland clearance depot facilities

1. Proceeds from the operating lease of inland clearance depot facilities shall be largely used to serve and meet the purposes and expenses respectively as follows:

a) Maintaining and repairing leased inland clearance depot facilities which are defined as the obligations of the lessor;

b) Upgrading, renovating and expanding inland clearance depot facilities;

c) Investing in the construction of new inland clearance depots;

d) Covering the cost incurred from the preparation of plans and selection of lessee;

dd) Paying the operating cost incurred by the lessor during their management of inland clearance depots;

e) Other appropriate purposes and expenses.

2. The Ministry of Finance shall direct and cooperate with the Ministry of Transport in the promulgation of detailed regulations on financial mechanisms applied to the collection, payment and use of revenue gained from the operating lease of inland clearance depot facilities funded by the government budget.

Article 32. Sublease of inland clearance depot facilities

1. Lessee shall be vested with the right to sublease Vietnamese and foreign organizations or individuals a part of leased inland clearance depot facilities in accordance with the regulations laid down in this statutory code but must obtain the written permission from the lessor prior to entering into such sublease contract.

2. The operating sublease of the inland clearance depot facilities must be carried out in the form of a binding contract. The contract for the operating sublease of inland clearance depot facilities must comply with the contract for the operating lease with the lessor.

3. The lessee shall assume full responsibility to the lessor for such sublease.

4. Sub-lessee shall be responsible for managing inland clearance depot operations in accordance with laws and terms as agreed upon in the lease contract, and shall not be allowed to sublease contractual inland clearance depot facilities.

Article 33. Arrangements for the management and operation of inland clearance depot facilities

1. The regulatory agency in charge of granting the investment decision on the construction of inland clearance depots shall take responsibility for managing and operating the inland clearance depot facilities.

2. Regulatory agency or organization tasked with the management and operation of inland clearance depot facilities shall have the following tasks, duties and powers:

a) Provide proper mechanisms for the management and operation of inland clearance depot facilities for submission to the regulatory agency in charge of granting the investment decision for their approval and implementation;

b) Manage State-owned assets and supervise the operation of leased inland clearance depot facilities;

c) Supervise the contracting parties’ fulfillment of their obligations as agreed upon in the contract for the operating lease;

d) Conduct the inspection and supervision of the operation of inland clearance depot facilities in a regular and periodical manner in order to ensure that such facilities are used to serve the right purpose and conform to technical specifications as stipulated by legal regulations;

dd) Collect charges or fees generated from the operating lease of inland clearance depot facilities;

e) Request the lessee to comply with the technical process for operating, maintaining and using inland clearance depot facilities in accordance with legal regulations; in case the lessee infringes upon contractual terms and conditions, the investor shall be notified to ask for any possible solution;

g) Cooperate with the inland clearance depot operator in responding to any emergency that can cause damage to inland clearance depot facilities; supervise repair and overhaul of damaged inland clearance depot facilities under their administration;

h) Promptly inform specialized State management agencies whenever the facilities connected with the inland clearance depot do not meet the accepted standards set out in the technical regulations passed by the competent authority;

i) Receive and recommend the plan for design, construction, renovation, expansion and upgradation of inland clearance depot facilities as requested by the lessee or specialized State management agencies;

k) Monitor the compliance with the regulations on fire and explosion prevention and control, environmental sanitation, security and order, and occupational safety and health within the precincts of inland clearance depot;

l) Make a summary report on the operation of inland clearance depot facilities; periodically submit a report to the investor and competent regulatory authorities in accordance with legal regulations;

m) Perform other assigned tasks.

Chapter III

MANAGEMENT OF INLAND CLEARANCE DEPOT OPERATIONS, AND ENTITLEMENTS AND RESPONSIBILITIES OF AGENCIES OR ORGANIZATIONS OPERATING AT INLAND CLEARANCE DEPOT

Section 1. MANAGEMENT OF INLAND CLEARANCE DEPOT OPERATIONS

Article 34. Internal rules of inland clearance depot

1. The inland clearance depot investor or operator, based on relevant laws, regulations laid down in this statutory code, and particular conditions available at inland clearance depot, shall issue “the internal rules of inland clearance depot” with the aim of ensuring efficiency, fire and explosion prevention, safety and security for all interested parties; combating smuggling, fraudulent trading, tax evasion and protecting the environment during the operation of inland clearance depot.

2. Organizations or individuals who are doing business and providing services at inland clearance depot must be responsible for complying with such “internal rules of inland clearance depot".

Article 35. Regulations applied to cargos and vehicles that operate at inland clearance depots

Cargos, vehicles and activities relating to cargos and vehicles at inland clearance depot must comply with the internal rules of inland clearance depot and other regulations enshrined in laws.

Article 36. Provisions on the compliance with regulations on security, order, fire and explosion prevention and control as well as environmental pollution control at inland clearance depot

1. Inland clearance depot operator, organizations or individuals involved in activities that take place at inland clearance depots must be responsible for strictly observing legal regulations on security, order, fire and explosion prevention and control as well as environmental pollution control at inland clearance depot.

2. During their operations, whenever any sign of violations against regulations on security, order, fire and explosion prevention and control as well as environmental pollution control at inland clearance depot is detected, interested organizations or individuals shall be responsible for informing competent regulatory authorities and inland clearance depot operator to obtain any possible solution.

3. Upon receiving information about signs of violations as mentioned in Clause 2 of this Article, the manager of inland clearance depot has the authority to suspend these operations and take punitive actions against such violations in accordance with laws.

Section 2. ENTITLEMENT AND RESPONSIBILITY OF AGENCIES OR ORGANIZATIONS AT INLAND CLEARANCE DEPOTS

Article 37. Responsibility and entitlement of inland clearance depot operator

1. Responsibility of inland clearance depot operator

a) Manage activities relating to inland clearance depot as stipulated in this statutory code and other laws;

b) Facilitate the task performance of specialized State management agencies as stipulated by laws;

c) Liaise with competent authorities to ensure the strict compliance with regulations pertaining to incoming and outgoing persons, cargos and vehicles at inland clearance depot;

d) Prevent and combat smuggling, fraudulent trading, tax evasion and other violations against laws;

dd) Before every December 20, send an annual report to the Ministry of Transport and provincial People’s Committees on the current status of inland clearance depot or make a sudden report as requested by the Ministry of Transport or provincial People’s Committees;

e) In case of any natural disasters, fire, accidents or unexpected events that may arise, the inland clearance depot operator must summon all of their resources and cooperate with relevant agencies in rescuing persons, cargos and vehicles, and eliminate and mitigate the bad impact of such catastrophic events; simultaneously proceed to complete necessary procedures and take any essential legal action in accordance with laws.

2. Entitlement of inland clearance depot operator

a) Enter into a contract with any organization or individual for the use of equipment and operation of infrastructural systems available in the precincts of inland clearance depot in which the contractual conditions and maturity must be determined in accordance with regulations laid down in laws;

b) Terminate the contract or suspend all operations that take place at the inland clearance depot in case a deniable evidence concerning such interested organizations or individuals' violations has been fully provided as stipulated in this statutory code, or initiate aforementioned actions to be taken to immediately control the possibility of risking safety and security, polluting the environment or community health;

c) Request competent authorities to handle any difficulty that may arise during the management and operation of inland clearance depot.

Article 38. Responsibility of specialized State management agencies operating at inland clearance depot

1. Specialized State management agencies operating at inland clearance depots include Customs, Medical Inspection, Animal and Plant Quarantine, and other relevant competent authorities shall be responsible to:

a) Exercise the right and bear the responsibility of their equivalent Ministries and regulatory services in accordance with laws; do not disturb or cause damaging impacts on the normal activities of inland clearance depot operator, vehicle owners, goods owners and any other entities during their operations at inland clearance depot;

b) Depending on the actual demand, the full-time or part-time employees shall be taken into account in order to carry out customs procedures for imports, exports and in-transit goods, medical inspection and other procedures for cargos transported through the inland clearance depot in a less time-consuming, on-time and legitimate manner.

2. Relevant Ministries and regulatory services, based on their functions, tasks and powers, shall direct their affiliates to enforce this statutory code.

Article 39. Cooperation among specialized State management agencies operating at the inland clearance depot

1. Specialized State management agencies operating at the inland clearance depot shall be responsible to enter into a firm mutual cooperation during their performance in order to facilitate the operator's activities that take place at the inland clearance depot, vehicle owners, goods owners and other relevant entities as well as ensure the safe and effective operation of inland clearance depot.

2. Any difficulty pertaining to the functions and duties of other specialized State management agencies must be discussed to find the identical solution in a timely manner. Where any difficulty that may not stay within the authority of an specialized State management agency to deal with, that agency must promptly report to the superior agency to seek any immediate solution; when necessary, Ministries and regulatory services concerned shall be responsible to cooperate with the Ministry of Transport in dealing with such difficulty but shall not be later than 04 hours as from the moment when the settlement decision is granted to relevant agencies, organizations and individuals.

3. In course of performing their tasks, specialized State management agencies shall take responsibility to cooperate with other relevant agencies and organizations at their areas in order to ensure the strict compliance with legal regulations on all activities that take place at the inland clearance depot.

Article 40. Implementation

1. The Ministry of Transport shall direct and cooperate with relevant Ministries, regulatory services and localities in carrying out the announcement, providing guidance on and enforcing this statutory code. In course of implementation, if any difficulty that needs to be dealt with is in excess of their authority, the Ministry of Transport shall work with relevant agencies to report such difficulty to the Prime Minister to request his consideration and final decision.

2. The investor who invests in the area intended for the customs clearance for imports and exports but also for inland clearance depot services, within a period of 05 years as from the effective date of this statutory code, must provide any further required documents in order to be granted the announcement of inland clearance depot in accordance with regulations laid down in this statutory code. After such specified period, if they fail to meet requirements for the announcement of inland clearance depot, all of inland clearance depot services must be terminated.

3. At the request of the investor in relation to the announcement of the opening of inland clearance depot for customs clearance divisions as stipulated in Clause 1 of this Article, the Ministry of Transport shall direct and cooperate with the Ministry of Finance and relevant agencies in carrying out the inspection and assessment of specific conditions of such customs clearance divisions in order to grant the decision to announce the opening of inland clearance depot under regulations set out in this statutory code.

4. The Ministry of Finance shall review and complete the management mechanism for the operation of customs clearance divisions for the purpose of ensuring that such areas are arranged properly and appropriately in comparison with actual situations, facilitating the enterprise’s importation or exportation of merchandise.

5. The Ministry of Transport shall direct and cooperate with relevant Ministries, regulatory services and localities in carrying out the initial report and assessment of the result of the implementation of this statutory code after 05 years; propose any approach to making the legal frame more perfect in terms of issues relating to the inland clearance depot, as well as make any necessary report to the Prime Minister./.