Công văn 1333/TCHQ-GSQL

To: Departments of Customs of provinces, cities

To implement the Decision No.3195/QD-BCA/A61 on 10/08/2010 of the Minister of Public Security on issuing the declaration form of entry - exit, the High Command of Border Guard – the Ministry of Defense has printed, issued and provided the new declaration of entry - exit to the General Department of Customs for allocation to the Customs Departments of provinces, cities to use in the border gates of Vietnam since 01/04/2011. The General Department of Customs guides the management and use of new declarations of entry - exit in the field of Customs at the border gates of Vietnam specifically as follows:

I. FOR THE DEPARTMENTS OF CUSTOMS OF PROVINCES, CITIES:

1. To direct the subordinate branches of Customs at border gates to implement the following contents:

1.1. The declarations of entry - exit (hereinafter referred to as declaration) are distributed free to those who enter or exit bringing passports or papers of value equivalent to passports or other types of papers permitted to enter, exit with baggage by the Government of Vietnam must declare customs in accordance with the law regulations of Vietnam.

1.2. Widely announce the use of declarations (in the form of brochures, information signs ...) in the area to conduct procedures of those who enter or exit at the border gates of Vietnam.

1.3. To meet the requirements of civilization and politeness at the border gates of Vietnam, the branches of Customs of border-gates take the initiative to coordinate the advance supply of the declarations to international carriers, representatives of the international airlines, the Vietnam Aviation agency, tourist organizations ... (referred to as organizations) to deliver the declarations to those who enter or exit at the Vietnam border gates.

1.4. At the border gates, the declarations are put in trays, boxes and placed in the convenient and easily-identifiable locations for those who enter or exit to take the declarations by themselves to declare customs (the location in front of the area to conduct the Customs procedures); with full tables for those who enter or exit to declare.

2. To develop the plans of regular inspection the subordinate branches of Customs of border-gates the management and guidance of those who enter, exit to use the declarations.

3. Periodically report to the General Department of Customs (the Department of Finance - Management) on demand for using the declarations of entry - exit to be granted as prescribed. The Customs Departments of provinces and cities deliver the declarations; record bags to the subordinate branches of Customs at the border gates must have books to track the number of declarations of each branch of Customs at the border gate under the provisions.

II. FOR THE BRANCHES OF CUSTOMS OF BORDER GATES:

1. To implement the contents of guidance at point 1, item I of this official dispatch. The advance provision of the declarations to the organizations to deliver to those who enter or exit and the number of declarations to be put into use in the area of conducting customs procedures must be tracked in the books, and guide these organizations to closely manage, to avoid waste and loss of statement.

2. To guide those who enter or exit to declare on the declarations as follows:

2.1. The person who enters or exits with luggage required to declare customs upon the contents specified in the "FOR CUSTOMS DECLARATION" on page 3 of the declaration, the person who enters or exit is responsible for declaring sufficiently all information on the declaration; declaration content must be clear, not erased, fixed, not to write in pencil, red ink or by the types of easy-to –be-faded inks so the declaration content is not clear. Content of customs declaration is made before the person who enters or exits conduct customs procedures for the luggage required to be declared customs at the border gate and takes responsibility before the law for his/her declaration content.

2.2. The person who enters or exits with luggage sent before or after the trip, he/she marks "X" into "blank" box on page 3 of the declaration and declares the full number of containers, bags, suitcases, packages ... in the "blank" part on page 4 of declaration.

2.3. The person who enters or exits carrying foreign currencies and Vietnam dong, gold at a value required declaring in accordance with provisions, he/she marks "X" into "blank" box on page 3 of the declaration and declares specifically total value, the number carried in the "blank" part on page 4 of declaration.

2.4. The person who enters or exits with goods (including machinery, equipment and professional tools needed for his/her work) temporarily imported for re-export/ temporarily exported for re-import in a certain period, he/she marks "X" into "blank" box on page 3 and declares completely number of packages, bags, suitcases ... in the "blank" part on page 4 of declaration and declares specifically on the declaration of non-trade imports, exports for the goods temporarily imported for re-export/ temporarily exported for re-import.

2.5. The person who enters or exits with goods, luggage in excess of the specified rate required to pay tax (including one of the items specified in the dash "-" order 6 on page 3 of the declaration, namely: to carry more than 1.5 liters of liquor of over 22 degrees and more than 2 liters of liquor of less than 22 degrees; more than 400 cigarettes; more than 100 cigars; more than 500 grams of tobacco and other items worth of more than 5 million Vietnam dong), then he/she marks "X" into "blank" box on page 3 and declares completely number of packages, bags, suitcases ... in the "blank" part on page 4 of the declaration and declares specifically on the declaration of non-trade imports, exports for the luggage in excess of the amount required to pay tax.

3. Customs officers inspect and certify on the declaration:

3.1. Where person who enters or exits declare customs on the declaration not in compliance with regulations, customs officers guides him/her to re-declare on the new declaration with the conditions that the person who enters or exits must declare before he/she conducts the customs procedures for luggage required to declare customs at the border gate and takes responsibility before law for his/her declared contents.

3.2. Where person who enters or exits required to declare customs under the guidance at point 2.2, point 2.3, Item II.2 of this official dispatch, the customs officers inspect, certify specifically declared contents and sign, seal officers in the item "FOR CUSTOMS OFFICES" on page 2 and page 4 of the declaration.

3.3. Where person who enters or exits required to declare customs under the guidance at point 2.4, point 2.5, Item II.2 of this official dispatch, after the completion of customs procedures, the customs officers certify the number, date, month, year of the declaration of non-trade imports, exports and sign, seal officers in the item "FOR CUSTOMS OFFICES" on page 2 and page 4 of the declaration.

3.4. Where the immigration offices have been equipped with passport readers at the border gates, if in the item "FOR CUSTOMS OFFICES" on page 2 of the declaration is not enough space for customs officers to record the certification contents, customs officers is written the certification contents into the item "FOR IMMIGRATION OFFICE" on page 2 of the declaration and sign and seal officers in this section.

3.5. To return the person who enters or exits page 3, page 4 of declaration, the declaration of non-trade imports, exports (version for the customs declarer to save - if any); to store page 1, page 2 of the declaration, the declaration of non-trade imports, exports (version for the Customs to save - if any).

4. Management and storage of the declarations of entry - exit:

4.1. The Managers of the branches of Customs of the border gates are supplied information or permitted to copy the saved declaration of the competent authorities. Strictly forbidden to change, fix up the saved declaration and relative documents, records saved together with the declarations.

4.2. Where the person who enters or exits makes the declaration of entry - exit conducted customs procedures torn, lost, misplaced; the branch of Customs of the border gate does not grant the new declaration. If the person who enters or exits sends written request for certifying the declaration, leader of the branch of Customs of the border gate shall certify only on the written request of the person who enters or exits for the contents of goods, luggage, foreign exchange or the imported/exported articles on the basis of the actual declarations in the declaration stored at the branch of Customs of the border gate. The certification is not worth to be enjoyed standard for tax exemption. The fee for certification shall comply with current regulations.

4.3. The branches of Customs of the border gates store the declarations by each flight transporting passengers on entry, exit or by day. Each flight or each day, all declarations and related documents attached to each declaration is contained in record bags and handed over from the Teams of luggage procedures of entry/exit to the storage units of the branches of Customs of the border gates to store as prescribed.

Customs Departments of provinces and cities take the initiative in issuance, management and use of record bags for keeping declarations under the guidance of the Department of Finance - Administration. Content outside of the record bags, comprising:

- General Department of Customs;

- Customs Departments of provinces and cities: ... ... ... ...;

- Branches of Customs of Border-Gates: ... ... ... ....;

- On date …, month…year ... ..;

- Flight number/serial number of vehicles: ... ... ...;

- Total number of declarations: ... ... ... ... ....;

- Full name of the officer storing declarations: ... ... ... ... ... ... ... ... ... ...;

- Manager’s certification: ... ... ... ... ... ... ... ... ... ... ... ...;

4.4. The declaration of entry - exit must be stored within 5 years, it shall be organized to cancel when this time limit expires. Procedures to cancel the declaration are made in accordance with the current provisions.

III. FOR THE DEPARTMENT OF FINANCE - ADMINISTRATION:

1. The Department of Finance - Administration is responsible for basing on the contents of the report on the need for using the declaration of entry - exit of the Customs Departments of provinces and cities to implement the registration with the High Command of Border Guard – the Ministry of Defense on the number of declarations need to use and distribute the declaration to the Customs Departments of provinces, cities according to regulations.

2. The Department of Finance - Administration is responsible for guiding the Customs Departments of provinces, cities to implement the printing for the issuance, management, and use of record bags to keep the declarations in accordance with the provisions.

To annul the Dispatch No.5318/TCHQ-GSQL on 13/09/2010 of the General Department of Customs on the use of declarations of entry - exit at the border gates of Vietnam.

During the implementation, if problems arise over jurisdiction, request the Customs Departments of provinces, cities to report to the General Department of Customs (through the Department of Supervision and Management) for guidance./.