Thông tư liên tịch 08/2004/TTLT/BTM-BTC-BGTVT

JOINT CIRCULAR

OF THE MINISTRY OF TRADE – THE MINISTRY OF FINANCE – THE MINISTRY OF TRANSPORT NO. 08/2004/TTLT-BTM-BTC-BGTVT OF DECEMBER 17, 2004 GUIDING IMPLEMENTATION OF CONTAINER TRANSSHIPMENT SERVICES AT SEAPORTS OF VIETNAM

Pursuant to the Commercial Law of May 10, 1997; the Law on Customs of June 29, 2001 and the Vietnamese Maritime Code, of June 30, 1990;

Pursuant to the directing opinion of the Prime Minister at the document No.1163/VPCP-CN, of March 15, 2004 of the Office of Government on container transshipment service at seaports of Vietnam;

Inter Ministries: of Trade – Finance – Transport guiding implementation of container transshipment services at seaports of Vietnam as follows:

I. GENERAL PROVISIONS

1. This Joint Circular guides only implementation of container transshipment services at seaports of Vietnam and applies to seaport enterprises and relevant organizations, individuals.

2. Interpretation of terms

In this Circular the following terms are construed as follows:

a. “Container transshipment services” mean loading and unloading containers at the request of transporters through the following forms:

- Unloading containers transported on means of transport from foreign countries to seaports of Vietnam and loading for other means of transport in order to transport out off Vietnam’s territory;

- Unloading containers transported on means of transport from foreign countries to seaports of Vietnam and brought into preservation at transshipment areas of seaports in a defined time, then loading such containers for other means of transport in order to transport out off Vietnam’s territory;

b. “Container transshipment areas” mean areas of seaports being serviced for only implementation of container transshipment services, separate completely with other areas of seaports and being supervised by customs agencies.

c. “Means of transport” include sea ships, planes, transport cars, trains, and inland waterway vessels.

d. “Transshipment goods” include kinds of goods packed in transshipment container.

e. “Transporters” are persons use means of transport which they possess or persons use means of transport which they are leased by other persons in order to implement the container transport services or legal representatives of above-mentioned subjects.

3. All Vietnamese seaport enterprises eligible as guides in item 1, part II of this Circular are allowed to perform the container transshipment services.

II. CONDITIONS FOR SEAPORTS TO PERFORM THE TRANSSHIPMENT SERVICES AND NOTIFICATION ON IMPLEMENTATION OF CONTAINER TRANSSHIPMENT SERVICES AT SEAPORTS

1. The Vietnamese seaport enterprises performing transshipment services need have sufficient the following conditions:

a. Seaports have been announced by competent state agencies to allow domestic and overseas ships entering and leaving out for loading and unloading container.

b. Having full technical infrastructure and setting up a container transshipment area such as stated in clause b item 2 part I of this Circular.

2. Being not later than 15 days before performing the container transshipment services, seaport enterprises must send to the Ministry of Trade, the Ministry of Finance (the General Department of Customs), the Ministry of Transport and local customs agencies a written notification on beginning to perform the container transshipment services at their seaports.

III. TRANSSHIPMENT GOODS, LOADING AND UNLOADING, DELIVERY AND RECEIPT, PRESERVATION; RESPONSIBILITIES OF SEAPORT ENTERPRISES AND TRANSPORTER FOR TRANSSHIPMENT GOODS

1. Transshipment goods at seaports of Vietnam are goods not subject to goods banned from transshipment stated in item 2 this part and packed in containers.

2. Goods banned for transshipment at seaports of Vietnam comprise:

a. Kinds of weapons, ammunition, explosives, military technical equipments;

b. Kinds of narcotic;

c. Atom waste and toxic chemicals in List of toxic chemicals banned from export and import as prescribed by law of Vietnam.

3. Notification of container transshipment

a. The transporters should send a written notification (in according to Form in Annex 1) to seaport enterprises to request for container transshipment at seaports (hereinafter referred to as transshipment notification).

b. If the transshipment notifications stated in this clause a item 3 are accepted by seaport enterprises, they shall be considered like as contracts of container transshipment services having been concluded.

4. Loading and unloading, delivery and receipt, and preservation of transshipment containers at seaports of Vietnam shall comply with provisions of Vietnamese law and international common practices.

5. Based on agreement between transporters and seaport enterprises, after bringing goods packed in transshipment containers into container transshipment areas, they may be arranged, re-packed, reinforced, repaired or replaced by new containers.

6. The transporters are responsible for the conformity and accuracy of goods packed in transshipment containers at seaports of Vietnam comparing to the transshipment notifications having sent to seaport enterprises.

7. Seaport enterprises are responsible for transshipment containers since such containers being unloaded from means of transport to bring into the container transshipment area of seaports until such transshipment containers are loaded on means of transport in order to transport out off Vietnam’s territory.

8. On January 15 yearly, seaport enterprises doing container transshipment services must have written report on result of container transshipment service performance of the proceeding year (in according to Form in Annex 2) to the Ministry of Trade, the Ministry of Finance (the General Department of Customs) and the Ministry of Transport.

IV. CUSTOMERS PROCEDURES FOR GOODS PACKED IN TRANSSHIPMENT CONTAINER

1. The transshipment goods stated in the transshipment notification which have been accepted by seaport enterprises, in case being brought into container transshipment areas of seaports or transported from container transshipment areas of seaports for loading on means of transport in order to bring out off Vietnam’s territory, will be exempted field inspection, unless there are signs of violation of Vietnamese law.

2. The transporters are responsible for submitting to Customs Sub-Departments of border gates 01 transshipment notification which has been accepted by a seaport enterprise (replaced for customs declaration). This transshipment notification may be sent via electronic system connected network, if any.

3. The transshipment goods at seaports of Vietnam are not subject to pay export tax, import tax and other taxes for export or import goods. In case importing transshipment goods at seaports of Vietnam into Vietnam, they must comply with current law on export or import goods.

4. All transshipment containers since being unloaded from means of transport to put into preservation in the container transshipment areas of seaports until being loaded on other means of transport in order to transport out off Vietnam’s territory must be supervised by customs agencies.

For transshipment containers passing Vietnam’s territory, customs procedures are performed as procedures for transit goods.

5. Transshipment containers may be allowed to move from a container transshipment area of seaport to other customs area in scope of a seaport but they must be permitted and supervised by customs agencies.

V. HANDLING OF TRANSSHIPMENT GOODS BEING DROPPED, BROKEN, FAULT AND MEANS OF TRANSPORT FAILING TO COME FOR RECEIVING GOODS

1. In the course of loading and unloading, delivery and receive, and preservation at seaports, if transshipment containers are dropped, broken, fault or upon container is not intact with lead seal, seaport enterprises together with transporters must agree for a measure to solve in conformity with provisions of Vietnamese law and international common practices.

2. In case a transshipment container is dropped, broken, fault and at the request of owner or legal representative of owner, the goods packed in this transshipment container will be bought, awarded or destroyed in Vietnam as prescribed by Vietnamese law on import, export goods.

3. If there is no means of transport coming to receive transshipment container as agreed period, seaport enterprises shall notify in writing for transporters and after time limit of 90 (ninety) days, since sending the written notification but still not receiving any written answer, seaport enterprises are entitled to handle those transshipment goods in according to provisions of Vietnamese law on ownerless goods. For goods being fast-spoiled kinds, having ability of causing environment pollution, they may report to competent agencies to permit for handling in a sooner time limit.

VI. PAYMENT OF TRANSSHIPMENT SERVICE CHARGES AND HANDLING OF VIOLATION

1. The transporters shall pay container transshipment service charges and related costs under agreement between transporters and seaport enterprises.

2. Organizations, individuals conduct acts breaching this Joint Circular, depend on extent of violation, shall be sanctioned administratively; individuals conduct acts breaching law seriously shall be examined for penal liability; if causing damages, must pay compensation as prescribed by law.

3. This Joint Circular takes effect after 15 day from the day of printing in Public Gazette and replaces Decisions No. 815/2001/QD-BTM of August 01, 2001 of the Minister of Trade, No. 770/2001/QD-TCHQ of May 21, 2001 of Director General of the General Department of Customs.