ORDER No. 10/2001/L-CTN OF THE STATE PRESIDENT ON THE PROMULGATION OF CUSTOMS LAW

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam; Pursuant to Article 78 of the Law on Organization of the National Assembly;
Pursuant to Article 50 of the Law on the Promulgation of Legal Documents;

PROMULGATES:

The Customs Law
Which was passed on June 29,2001 by the X th  National Assembly of the Socialist Republic of Vietnam at its 9 th session.

President of the Socialist Republic of Vietnam

TRAN DUC LUONG

CUSTOMS LAW

In order to contribute to implementing the State's policies on economic, cultural, social, scientific and technological development, international cooperation and exchange; and protecting national sovereignty and security, interests of the State, legitimate rights and interests of organizations and individuals;

Pursuant to the 1992 Constitution of Socialist Republic of Vietnam;
This Law provides for customs;

Chapter I

GENERAL PROVISIONS

Article 1. - Customs policies

The State of the Socialist Republic of Vietnam creates favorable customs conditions for export, import, exit, entry and transit activities on the Vietnamese territory.

Article 2.- Scope or regulation

This Law prescribes the State management over customs with regard to exported, imported or transited goods, transport means on exit, entry and in transit, of foreign and domestic organizations and individuals; and the organization and operation of the customs service.

Article 3.- Subject of application

This Law shall apply to:

1.      Organizations and individuals that export, import or transit goods, and/or have transport means on exit, entry, and in transit;

2.      Customs offices and customs officers;

3.      Other State bodies involved in coordinating the State management over customs.

Article 4.- Interpretation of terms

In this Law, the following terms are construed as follows:

1.      Goods mean exported, imported or transited goods;

2.      Exported, imported and transited goods mean all movables with codes and appellations as prescribed by law, which are exported, imported, transited or kept within the geographical areas of customs operation.

3.      Baggage of people on exit or entry mean essentials for their daily needs or trips, including accompanied baggage, baggage delivered before or after the trips.

4.      Transport means mean land road, railway, airway, sea and river transport means on exit, entry and in transit.

5.      Items on transport means mean properties used on transport means; raw materials and fuel in service of operation of transport means; food, foodstuff and other belongings in direct service of daily life activities of people working and passengers on transport means.

6.      Customs procedures mean activities that must be carried out by customs declarers and custom officers according to the provisions of this Law for goods and transport means.

7.      Customs declarers mean good owners, transport means owners or persons authorized by goods owners, transport means owners.

8.      Customs inspection means the checking of customs dossiers related documents and the examination of the actual conditions of goods and/or transport means, which are conducted by customs offices.

9.      Customs supervision means a professional measure applied by the customs offiices to keep intact the original conditions of goods, transport means subject to customs management.

10. Customs control means measures of patrolling, investigating or other professional measures applied by customs offices to prevent and combat smuggling and illegal cross-border goods transportation and other acts of violating the customs legislation.

11. Customs clearance means the decision by customs offices on pernitting goods to be exported or imported, transport means to leave or enter Vietnam.

12. Tax- suspension warehouses mean the goods owners' warehouses used to store their imported goods which have enjoyed customs clearance but the import taxes on which have yet to be paid.

13. Bonded warehouses mean warehouses for storing the following goods:

a)        Goods for which customs procedures have been completed and which are stored pending their
b) Goods sent from abroad and stored pending their re-export or their import into Vietnam according to law provisions.

14. Transit means the transfer of goods and transport  means from one country through the border gates into the Vietnamese territory to another country or back to such country.

15. Transferred properties mean belongings and items in service of daily-life and working activities of individuals, families and organizations, which are permitted to be carried along when such subject no longer reside or terminate their activities in Vietnam or foreign countries.

16. Transshipment means the transfer of goods from the transport means on entry to the transport means on exit for exportation or from the transport means on entry into warehouses, yards located abroad other transport means for exportation.

17. Border gate-to border gate transportation means the transfer of goods or transport means being subject to customs inspection and/or supervision from one border gate to another, from one border gate to an outside-of-border gate site of customs procedure completion or vice versa; and from and outside-of-border gate site of customs procedure completion to another.

Article 5.- Application of international agreements, international conventions and practices on customs

1.      Where an international agreement which the Socialist Republic of Vietnam has signed or acceded to contains provisions different from those of this Law, the provisions of such international agreement shall apply.

2.      For cases which have not yet been provided for by this Law, other legal documents of Vietnam and international agreements which the Socialist Republic of Vietnam has signed or acceded to, the international conventions and practices on customs may be applied provided that such application is not against the fundamental principles of Vietnam law.

Article 6.- Geographical areas of customs operation include areas of land-road border-gates of customs procedure completion, export processing zones, bonded warehouses, tax-suspension warehouses, customs privilege zones, international post offices, sites of inspection of export and import goods in the territory and sea areas over which Vietnam exercises its sovereignty rights, enterprises' head offices where post-customs clearance inspection is conducted and other geographical areas of customs operation as prescribed by law.

Within the geographical areas of customs operation, the customs offices shall be responsible for inspecting, supervising and controlling goods and transport means.

The Governrnent shall specify the scope of customs operation areas.

Article 7.- Building of the customs force

Vietnam Customs shall be built into a clean and strong force with a high professional level, which are equipped with and able to master modern techniques, and operates in an effective and efficient manner.

Article 8. - Modernization of customs management

1.      The State prioritizes the investment in developing advanced technologies and technical means in order to ensure the application of modern customs management methods; encourages organizations and individuals engaged in export and import activities to participate in setting up, connecting and exploiting the customs service's computerized information network.

2.      The Government shall specify the system of technical standards for electronic data exchange, the legal validity of electronic documents, and the responsibilities and power of concerned State of bodies, organizations and individuals engaged in export and import activities, leaving and entering Vietnam in the establishment, development and exploitation of the customs service's computerized information network.

Article 9.- Coordination in the enforcement of the customs legislation

1.      The customs offices shall have to closely coordinate with the concerned State bodies, organizations and people's armed force unit.

2.      The concerned State bodies organizations and people's armed force units shall, within the scope of their tasks and powers, have to coordinate with and create conditions for the customs offices to fulfil their tasks.

Article 10.- Supervision of the observance of the customs legislation

1.      The People's Councils at all levels shall, within the scope of their functions, tasks and powers, supervise the observance thereof according to law provisions.

2.      Vietnam Fatherland Front and its member organizations shall mobilize the population to strictly observe the customs legislation and supervise the observance thereof according to law provisions.

3.      When performing their tasks and powers, the customs officers shall have to abide by law, rely themselves on the people and submit to the people's supervision,

Chapter II

TASKS AND ORGANIZATION OF THE CUSTOMS

Article 11. - Tasks of the Customs

Vietnam Customs is tacked to inspect and supervise goods and transport means; to prevent and combat smuggling and illegal cross-border goods transportation; to organize the implementation of tax legislation with regard to export and import goods; to propose policies and measures for customs-related State management over the export, import, exit, entry and transit activities as well as tax policies for export and import goods.

Article 12. - Principles for organization and operation of the customs

1.      Vietnam Customs shall be organized and operate according to the principles of centralized     and uniform command.

2.      The General Director of Customs shall uniformly manage and execute activities of the Customs at lower level shall submit to the management and direction by the Customs at higher level.

Article 13.- System of Customs organization

1.      The organizational system of Vietnam Customs consists of:

a)      The General Department of Customs, which is a body attached to the Government;

b)     The Customs Departments of the provinces, inter-provinces, and centrally-run cities;

c)      The border-gate Customs Sub-Departments, Customs Control squads and equivalent units.

2.      The Government shall specify the tasks, organization and operation of the Customs at all levels; the service regime, titles, criteria, salaries, seniority allowances and other preferential treatment regimes for customs officers; customs badges, flags, insignia, uniform and customs identity cards.

Article 14.- Customs officers

1.      Customs officers are those who are recruited, trained and employed according to the legislation on State employees.

2.      Customs officers must have good political qualities, perform their tasks according to law provisions, be honest, integrated, disciplined, have civilized, polite attitudes, and stricly abide by decisions on job transfer and assignment.

Chapter III

CUSTOMS PROCEDURES, CUSTOMS INSPECTION AND SUPERVISION REGIMES

Section 1. GENERAL PROVISIONS

Article 15.- Principles for carrying out customs procedure, conducting customs inspection and supervision.

1.      Exported, imported and transited goods, transport means on exit, entry or in transit must go through customs procedure, be subject to customs inspection and supervision, transported along the routes and through the border gates by law.

2.      Customs procedures must be carried out in a public, quick and convenient manner according to law provisions.

3.      The arrangement of personnel and working time must meet the requirements of export, import, exit, entry and transit activities.

Article 16.- Customs procedures

1.      When carrying out customs procedures, the customs declares shall have to:

a)      Fill in and submit the customs procedures, the customs declares shall have to:

b)     Take goods and/or transport means to the designated sites for inspection of their actual conditions;

c)      Pay taxes and fulfil other finacial obligation as prescribed by law;

2.      When carrying out customs procedures, the customs officers shall have to:

a)      Receive and register the customs dossiers;

b)     Examine the customs dossiers and inspect the actual conditions of goods and transport means;

c)      Collect taxes and other reenues as prescribed by law;

d)     Decide on the customs clearance for goods and transport means.

Article 17.- Sites of customs procedures completion

The sites of customs procedures completion are the head offices of the border-gate customs and the head offices of the outside-of-border gate customs.

In cases of necessity, the inspection of the actual conditions of export and import goods may be conducted at other sites as prescribed by the General Department of Customs.

Article 18.- Time limits for declaration forms

The customs declares must fill in and submit customs declaration forms for goods and transport means within the following time limits:

1.      For import goods, within 30 days after the date the goods arrive at the boder-gate,

2.      For export goods, no later than 8 hours before the transport means leaves Vietnam.

3.      For accompanied luggage of people on exit or entry, immediately after the transport means arrives at the entry border gate and before the transporting organization stops carrying out the procedures for admitting passengers aboard the transport means on exit. For baggage delivered before or after the trips of the people on entry, the provisions of Clause 1 of this Article shall apply.

4.      For goods and transport means in transit, immediately after the goods and transport means arrive at the first entry border-gate and before the goods and transport means go through the last exit border-gate.

5.      For sea-going transport means on exit or entry, no later than 2 hours after the port authorities announce that the transport means have arrived at the places for pilot reception and return, and one hour before the transport means leave Vietnam.

6.      For airway transport means on exit or entry, immediately after the transport means arrive at the border-gate and before the transporting organization stops carrying out the procedures for addmitting export foods and passengers on exit.

7.      For railway, land road and river way transport means on exit or entry, immediately after the transport means arrive at the first entry border-gate and before the transport means go through the last border-gate for exit.

Article 19.- Time limit for the customs officers to carry out customs procedures

1.      The customs officers shall receive, register and examine customs dossiers right after the customs declares submit and produce them according to law provisions; in cases where they refuse to register the customs dossiers, they shall have to notify the customs declares the reasons for refusal.

2.      After the customs declares have satisfied all requirements for the carrying out of customs procedures according to Points a and b, Clause 1, article 16 of this Law, the time limit for the customs officers to complete the inspection of the actual conditions of goods and transport means is prescribed as follows:

a)      No more than 8 working hours for lots of export or import goods subject to the forms of inspection of the actual conditions of goods and transport means is prescribed as follows:

b)     No more than 2 working days for lots of export or import goods subject to the form of inspection of the actual conditions of the whole quantity of goods.

   In cases where the form of inspection of the actual conditions of the whole lots of export  or import goods with large quantities is applied or inspection is complicated, the inspection time limit may be extended but such an extension shall not exceed 8 working hours.

c)      The inspection of the transport means on exit ot entry must ensure the timely loading or unloading of export and import goods as well as the exit or entry of passengers aboard.

d)     The customs clearance for goods and transport means shall comply with the provisions of Article 25 of this Law.

Article 20.- Customs declaration

1.      Customs declaration shall be uniformly effected according to customs declaration forms set by the General Department of Customs.

2.      Customs declarers must declare fully, accurately and clearly according to the contents on the customs declaration forms.

3.      Customs declares may use the form of electronic declaration.

Article 21.- Customs declares may use the form of electronic declaration.

1.      Customs procedure agents are customs declares authorized by persons who have rights and obligations in the carrying out of customs procedures for export and import goods.

2.      Customs procedure agents must be knowledgeable of the customs legislation, customs declaration skills and be accountable to law within the scope of authorization.
   The Government shall specify the conditions for registration and operation of customs procedures agents.

Article 22.- Customs dossiers

1.      A customs dossiers consists of:

a)      Declaration form;

b)     Commercial invoices;

c)      Goods purchase and sale contract;

d)     Permit of the competent State body for exported, imported or transited goods or transport means on exit, entry or in transit, which require such permit under the provisions of law.

e)     Other documents as prescribed by law for each goods item, which the customs declarer must submit or produce to the customs offices.

2.      Customs dossiers shall be submitted or produced to the customs at the customs offices. Where there are plausible reasons accepted by the directors of the border-gate customs sub-departments of the outside-of-border gate sites of customs procedure completion, the customs declares may have the time limit extended for submission or production of a number of documents of the customs dossiers; supplement, modify or replace the already-registered customs declaration forms before the inspection of the actual conditions of goods and transport means starts.

Article 23.- Rights and obligations of the customs declares

1.      The customs declares shall have the right to:

a)      Be supplied by the customs offices information relating to the customs declaration for exported, imported and transited goods, transport means on exit, entry or in transit and guidance on carrying out the customs procedures;

b)     Have a prior look at the goods, take samples of the goods under the supervision by customs officers before making customs declaration so as to ensure accurate customs declaration;

c)      Propose the customs offices to re-inspect the actual conditions of the goods already inspected if they disagree with the customs offices' decisions, in cases where the goods are not permitted for customs clearance;

d)     Lodge complaints and denunciations against illegal acts commited by the customs offices and customs officers;

e)     Claim compensation for damage caused by customs offices and/or customs officers according to law provisions.

2.      The customs declarers shall have the obligation to:

a)      Make customs declaration and comply with the provisions of Clause 1 of Article 16, Article 18, 20 and 68 of this Law;

b)     Be accountable to law for the truthfulness of the declared contents and the submitted and/or produced documents;

c)      Abide by decisions and requests of the truthfulness of the declared contents and the submitted and/or produced documents;

d)     Keep accounting records and vouchers and other documents related to the export and import goods having enjoyed customs clearance for a period of 5 years counting from the date of registration of customs declaration forms; supply information and documents related thereto when the customs offices request the examination thereof according to the provisions of Articles 28, 32 and 68 of this Law;

e)     Arrange personnel to serve the inspection of the actual conditions of goods and transport means;

f)       Pay taxes and fulfil other financial obligations as prescribed by law.

Article 24.- Responsibility to inspect goods and transport means within the geographical areas of customs operation

1.      Within the geographical areas of customs operation, the customs offices shall have the responsibility to inspect export and import goods, and transport means on exit or entry.

2.      For goods and transport means which are, as prescribed by law, subject to specialized quality, medical, cultural inspection or animal and plant quarantine, the State bodies with specialized inspection competence shall conduct the inspection thereof.

3.      The directors of the border-gate customs sub-departments shall assume the prime responsibility and coordinate with the competent State bodies in conducting specialized inspection at the border gates as to ensure a quick customs clearance for goods and transport means.

The Government shall define in detail the responsibilties and coordinating relations of the competent State bodies at the border gates.

Article 25.- Customs clearance for goods and transport means

1.      Goods and transport means shall enjoy customs clearance after the customs procedures have been completed.

2.      Goods and transport means for which the customs procedures have not yet been completed may enjoy customs clearance if they fall under one of the following cases:

a)      Lacking some documents of the customs dossier, which are permitted by the customs office to be submitted later within a given time limit;

b)     Having not yet been paid or having paid the payable tax amount not in full within the prescribed time limit during which a credit instituion or another organization permitted to conduct a number of banking activities provides guarantee for such payable amount, except for export and import goods entitled to a grace period for tax payment according to the provisions of the tax legislation.

3.      Where the goods or transport means owners are sanctioned in form of pecuniary fine for customs- related administrative violations, the goods or transport means may go through customs clearance if their owners have paid the fines or such fines are guaranteed by a credit institution or another organization permitted to conduct a number of banking activities for the execution of the sanctioning decisions of the customs offices or competent State bodies.

4.      For export and import goods the appraisal of which has been conduted, the customs offices shall base themselves on the appraisal results to decide on customs clearance thereof. In cases where pending the appraisal results the goods owners request to take the goods for preservation, the customs offices may accept such requests only when all customs supervision conditions prescribed by the the General Department of Customs have been met.

5.      Goods exported and imported in service of urgent requirements shall go through customs clearance according to the provisions of Article 35 of this Law.

Article 26.- Customs supervision

1.      Customs supervision of goods and transport means shall be conducted by the following modes:

a)      Customs sealing or by other technical means;

b)     Direct supervision conducted by customs officers.

2.      Customs supervision duration:

a)      From the time the goods or transport means on entry arrive at the geographical areas of customs operation to the time they enjoy customs clearance;

b)     From the time the goods or transport means on entry arrive at the geographical areas of customs operation to the time they are actually exported;

c)      From the time the goods or transport means in transit arrive at the geographical areas of customs operation to the time they get out of the Vietnamese territory.

3.      Goods owners, conductors or operators of transport means, and customs procedure agents shall be obliged to keep the goods conditions and customs seals intact; on force majeure cases shere it is impossible to keep the goods conditions or customs seals intact, after applying necessary measures to limit and prevent any possible loss, they must immediately notify such to the nearest customs office or commune/ward/township People's Committee for certification.

 Article 27.- Tasks and powers of customs officers

When carrying out customs procedures, customs officers shall have the following tasks and powers:

1.      Strictly complying with laws, professional customs processes and taking responsibility for the performance of their tasks and powers;

2.      Giving guidance to the cusstoms declares when so request;

3.      Conducting customs inspection and supervision; in cases of detecting signs of violation of customs legislation, requesting the goods owners, conductors of transport means or authorized persons to comply with their requests for the inspection and examination of goods and transport means according to law provisions;

4.      Taking samples of the goods in the presence of the customs declares for the customs offices to analyze them or solicit the appraisal thereof in service of the goods inspection; using the analysis and/or appraisal results to determine the right codes and quality of goods.

5.      Requesting the customs declares to supply information and documents related to the goods or transport means so as to determine the correct goods codes and value in service of the collection of taxes and other revenues according to law provisions;

6.      Supervising the opening, closing, transshipment, loading and unloading of goods at the sites of customs procedure completion and the sites of inspection of export and import goods.

7.      Requesting the conductors of operators of transport means to move along prescribed routes and stop at prescribed places.

8.      Other tasks and powers as prescribed by law.

Section 2.CUSTOMS SUPERVISION AND INSPECTION OF GOODS

Article 28.- Examination and registration of customs dossiers

When receiving customs dossiers, the customs officers shall check the declarations according to the requirements on the declarations according to the requirements on the declaration form, documents of the customs dossiers, the compatibility of the declaration contents and the customs dossiers documents; register the customs dossiers according to law provisions; in case of refusal to register the customs dossiersm, they must inform the customs declares of the reasons therefor.

Article 29.- Base and competence to decide on the forms of inspection of the actual conditions of export and import goods for customs clearance

1.      Bases for decision on the forms of inspection of the actual conditions of export and import goods include the law observance records of the goods owners; the State's policies on management of export and import goods; the nature, categories and origins of export and import goods; the customs dossiers and other information related to the export and import goods.

2.      The heads of the border-gate customs sub-department, the heads of the customs sub-departments, the heads of the customs sub-department of the outside-of-border gate sites of customs procedure completion shalldecide on the forms of inspection of the actual conditions export and import goods and the change of the inspection form as prescribed in Article 30 of this Law.

Article 30.- Forms of inspection of the actual conditions of export and import goods for customs clearance

1.      Forms of inspection of the actual conditions of export and import goods include:

a)       Exemption from inspection of the actual conditions of export and import goods of the goods oowners who have a record of good observance of customs legislation for goods items regularly exported or imported, exported farm and aquatic goods, export and import goods of exporte-processing zones, goods stored at bonded warehouses, goods brought into the customs preferential treatment zone and other goods on the list prescribed by the Government.

For goods which have been decided to be exempt from inspection but then detected to have signs of violation of the customs legislation, the form of inspection prescribed at Point c of this Clause shall apply;

b)      Inspection by probability method of the actual conditions of no more than 10% of the the goods for each lot of export or import goods being raw materials and supplies imported for production of export goods and for export processing, goods of the same category, homogeneously-packed goods, and export and import goods not falling into the cases of inspection prescribed at Point a of this Clause.
             In the course of inspection, if any violations of the customs legislation are detected, the form of inspection prescribed at Point c of this Clause shall apply;

c)       Inspection of the whole lots of export or import goods of the goods owners who have committed violations of the customs legislation time and again; and goods lots detected to have signs of violation of the customs legislation.

2.      The inspection of the actual conditions of goods shall be conducted by the customs officers either personally or with the aid of machinery, technical equipment and other professional measures in the presence of the customs declares of their lawful representatives, after the customs dossiers have been registered and the goods brought to the inspection sites.

The goods being live animals or plants difficult to preserve and other special goods shall be inspected first.

Article 31.- Inspection of the actual conditions of export and import goods in cases where the customs declares are absent

1.      The goods inspection in the absence of customs declarers shall be decided by the heads of the border-gate customs sub-departments, the heads of the customs sub-departments of the outside-of-border gate sites of customs procedure completion and notified to the customs declarers in the following cases:

a)      For security protection;

b)     For sanitation and environment protection;

c)      Showing signs of serious law violation;

d)     The prescribed time limit is over but the customs declares fail to come to carry out customs procedures;

e)     At the requests of the customs declarers.

2.      The inspection in absence of the customs declarers shall be conducted in the presence of the representative of the transporting organization or of the representative of the transporting organization or of the nearest commune ward or township People's Committee.

Article 32.- Post-customs clearance inspection

1.      In cases where they detect signs of violation of the customs legislation in the export or import goods which have enjoyed customs clearance, the customs offices may apply the measures of post-customs clearance inspection.

2.      Within 5 years after the date the export or import goods enjoy customs clearance, the directors of the customs department of the provinces, inter-provinces or centrally-run cities may issue decisions on post-customs clearance inspection.

3.      Basing themselves on the post-customs clearance inspection decisions, the customs officers shall personally examine accounting records and invoices and other documents related to the lots of export or import goods which already enjoyed customs clearance at the enterprises so as to make comparison with the customs declarations and documents of the customs dossiers; in cases of necessity and if conditions permit, they may inspect the actual conditions of the goods.

4.      In the course of inspection, at the requests of the customs offices, the concerned agencies, organizations and individuals shall create conditions, supply necessary accounting records, information and materials in service of the former's  inspection.

The Government shall prescribe in detail the post-customs clearance inspection.

Article 33.- Temporarily-exported and temporarily-imported goods

1.      1.Temporarily-exported and temporarily-imported goods subject to the customs inspection and supervision include:

a)       Goods for participation in fairs, exhibition, and product displays;

b)      Machinery, equipment and occupational tools in service of jobs within a given period of time;

c)       Components and spare-parts in service of the replacement and repair of foreign sea-going ships and aircraft.

d)      Other goods as prescribed by law.

2.      Temporarily-exported goods must be re-imported and temporarily-imported goods must be re-exported within a prescribed time limit and go through customs procedures.

3.      If temporarily-exported goods which are not re-imported and temporarily-imported goods which are not re-exported are sold, presented or exchanged, they must go through customs procedures like export and import goods; if they are on the list of goods subject to conditional export and import, they must comply with the law provisions on goods subject to conditional export and import.

Article 34.- Presents and gifts

1.      Goods being presents and gifts must go through customs procedures; if they are on the list of goods subject to conditional export and import, they must comply with the law provisions on goods subject to conditional export and import.

2.      It is strictly forbidden to present or donate goods on the list of goods banned from export or import.

3.      The duty-free allowance of goods being presents and gifts shall be prescribed by the Government.

Article 35.- Goods exported and imported in service of urgent requirements

1.      Goods exported and imported in service of urgent requirements include:

a)      Goods in service of the immediate overcoming of natural disaster consequences;

b)     Goods in service of urgent relief requirements;

c)      Goods in service of security and defense requirements and goods in service of other urgent requirements under the Prime Minister's decisions.

2.      Goods exported and imported in service of urgent requirements shall enjoy customs clearance before the customs declarations and customs dossier documents are submitted.

Article 36.- Goods traded and exchanged by border inhabitants.

1.      Goods traded and exchanged by border inhabitants are goods in service of the common daily life and production of border inhabitants.

2.      The goods traded and exchanged by border inhabitants of Vietnam with those of the countries sharing the national borderlines with Vietnam must be subject to customs offices are not available, such goods shall be subject to the inspection and supervision by the border guards according to law provisions.

3.      The Government shall define the responsibilities of the local administrations, the coordination among the State bodies, and the policies on the goods trading and exchange by border inhabitants.

Article 37.- Goods exported and imported by mail

1.      Goods exported and imported by mail must go through customs procedures as provided for by this Law.

2.      In cases where the authorized customs declarers are postal service-providing enterprises, they must fully discharge the customs declarer's responsibility as prescribed by this Law; may deliver or distribute goods only after they are given the customs clearance.

Article 38.- Goods on transport means on exit, entry and in transit

1.      Goods being items on transport means on exit, entry and in transit shall not have to go through customs procedures like import goods.

2.      Goods purchased from transport means on entry must go through customs procedures like export goods.

Goods sold to people working and passengers on transport means on exit or in transit must go through customs procedures like export goods.

Article 39.- Goods exported and imported by mode of electronic commerce

1.      Goods exported and imported by mode of electronic commerce must be subject to customs inspection and supervision.

2.      The Government shall prescribe the customs inspection and supervision of goods exported and imported by mode of electronic commerce.

Article 40.- Transited goods

1.      Transited goods must go through customs procedures at the first entry border-gate and the last exit border-gate, be subject to customs supervision during the process of transportation on the Vietnamese territory.

2.      For goods transited not across land territory, transited and warehoused within the border-gate areas, the transit permits shall not be required. For goods transited across land territory, or warehoused outside the border-gate areas or for transited goods for which permits are required according to the provisions of Vietnamese law, permits issued by the competent State bodies must be produced.

3.      The inspection of transited goods shall be conducted only in cases where signs of law violation are detected.

4.      Transited goods may be sold in Vietnam only when it is so permitted by the competent Vietnamese State bodies and must go through the customs procedures like import goods.

Article 41.- Goods transported from border-gate to border-gate

1.      Goods transported from border-gate to border-gate include:

a)      Export goods which have gone through customs procedures, been transported from the outside-of-border gate site of customs procedures completion to the export border gate;

b)     Import goods transported from the import border gate to the outside-of-border gate site of customs procedure completion;

c)      Export and import goods transported from one site of customs procedure completion to another.

2.      Goods transported from border-gate to border-gate must be subject to customs inspection and supervision.

3.      For export and import goods transported between two sites where the inspection of the actual conditions of the export or import goods is conducted and such sites are other than the sites of customs procedure completion, the regime applicable to goods transported from border-gate to border-gate may apply if it is so approved in writing by the directors of the customs departments of the provinces, inter-provinces or centrally-run cities.

Article 42.- Routes and durations of transit and border-gate-to-border date transportation.

Goods which are transited or transported from border-gate to border-gate must be transported along prescribed routes through prescribed border-gates, within prescribed time limits and subject to customs supervision.

The Ministry of Communications and Transport shall prescribed the routes for transportation of transited goods; the General Department of Customs shall prescribe the routes for border gate-to-border gate goods transportation.

    Article 43.- Transferred properties.

   Individuals, families and organizations with transferred properties must have papers certifying their ownership over such properties, excluding belongings and items in service of normal daily life activities.

   The Government shall prescribed in detail transferred properties.

    Article 44.- Luggage of persons on exit and entry

1.      Luggage of persons on exit and entry must go through the customs procedures a the border gates.

2.      Luggage of persons on exit and entry, which exceeds the duty-free allowance, must go through the customs procedures like export and import goods.

People on exit or entry may deposit their luggage at the border-gate warehouses and reclaim them when they are on entry or exit.

3.      The Government shall prescribed the duty-free luggage criteria and allowances.

Article 45.- Handling of goods which are abandoned, strayed or mistakenly-claimed and unclaimed after the expiry of customs declaration time limit.

1.      Goods which their owners declare puclicly to abandon them or take acts to prove their abandonment shall be put for sale and the proceeds therefrom shall be paid in to the State budget after subtraction of arising expenses.

2.      The goods owner's abandonment of goods with signs of law violation shall not be accepted.

3.      For strayed and mistakenly-claimed goods, within the time limit of 180 days if the goods owners are able to prove the such goods are under their ownership but have been wrongly delivered from abroad or strayed to Vietnam, the goods can be re-exported; if they have been sent to wrong addresses, the addresses shall be adjusted so that the goods can reach the right recipients; if the goods are strayed to another country then brought to Vietnam, the goods owners may carry out customs procedures for reclaiming them after paying all expenses the arise; past 180 days if nobody comes to claim, the goods shall be handled according to the provisions of Clause 4 of this Article.

4.      Where the customs offices have grounds to determine that the abandoned, strayed or mistakenly-claimed goods are contraband, they shall handle such goods like smuggled goods.

5.      For goods which have been imported for more than 90 days from the date arrive at the unloading border-gates but nobody comes to receive them, the customs offices shall publicly announce such on the mass media. Within the time limit of 180 days from the date of such public announcement, if the goods owners come and claim them, they shall have to carry out the customs procedures and pay a fine and all expenses that arise from the delayed completion of the customs procedures; if nobody comes to claim, such goods shall be handled according to law provisions.

Section 3. CUSTOMS INSPECTION AND SUPERVISION OF GOODS IN BONDED AREHOUSES AND TAX-SUSPENSION WAREHOUSES

Article 46.- Goods in bonded warehouses and tax-suspension warehouses

1.      Goods of domestic or foreign organizations and individuals stored at bonded warehouses must be subject to customs inspection and supervision.

2.      Only imported goods being production raw materials and owned by owners of tax-suspension warehouses may be put into the tax-suspension warehouses.

3.      The Government shall prescribe in detail the operation of bonded warehouses and tax-suspension warehouses.

Article 47.- Rights and obligations of bonded warehouses owners and owners of goods stored in bonded warehouses.

1.      1.Bonded warehouse owners may perform contracts for storing goods at their bonded warehouses according to law provisions; may move the goods in the bonded warehouses as agreed upon with the goods owners but must notify such in advance to the customs offices.

Once every 45 days, the bonded warehouses owners must notify in writing the customs departments of the provinces, inter-provinces or centrally-run cities of the actual conditions of the goods and the situation of operation of their bonded warehouses.

The bonded warehouse owners shall have to comply with the requests of the customs offices regarding the goods inspection according to law provisions.

2.      The owners of goods stored in bonded warehouses may consolidate the packings categorize goods or take goods samples under the supervision of customs officers, and may effect the transfer of the right to own such goods according to law provisions. The transfer of goods from one bonded warehouse to another must be approved in writing by the heads of the customs departments of provinces, inter-provinces or centrally-run cities.

   During the time the goods are stored in the bonded warehouses, the goods owners must comply with the law provisions on the operation of bonded warehouses.

Article 48.- Time limit for storing in bonded warehouses

   The time limit for storing goods in bonded warehouses shall not exceed 12 months, counting from the date the goods are put therein; in cases where there are plausible reasons and written approval of the heads of the customs department of the provinces, inter-provinces or centrally-run cities, this time limit may be extended but such an extension must not exceed 6 months.

    Article 49.- Competence to set up, terminate the operation of bonded warehouses and tax-suspension warehouses

   The General Director of Customs shall decide on the setting up and termination of the operation of bonded warehouses.

   The heads of the customs departments of the provinces, inter-provinces or centrally-run cities shall decide on the setting up and termination of tax-suspension warehouses.

Section 4.CUSTOMS INSPECTION AND SUPERVISION OF TRANSPORT MEANS

    Article 50.- Sites of customs procedure completion for transport means on exit and entry

1.      Transport means on exit and entry must go through Vietnam's border gates.

   Transport means on entry must go through customs procedures at the first entry border gate. Transport means on exit must go through customs procedures at the last exit border-gate.

2.      The exit and entry of transport means through other sites shall be prescribed by the Government.

    Article 51.- Routes, customs supervision duration for transport means on exit, entry, in transit or moving between border gates

1.      Foreign transport means on exit, entry, in transit, and go from border gate to border gate must go along prescribed routes, be subject to customs supervision from the time they arrive at the geographical areas of customs operation, during their movement, to the time they get out of the Vietnamese territory.

2.      Vietnamese transport means on entry shall be subject to customs supervision from the time they arrive at the geographical areas of customs operation to the time when all import goods carried onboard the transport means are unloaded for customs procedure completion.

   Vietnamese transport means on exit shall be subject to customs supervision from the time they start to be loaded with export goods to the time they get out of the Vietnamese territory.

3.      When they are grounds to believe that illegal goods are hidden on the transport means on exit, entry, in transit or going from one border gate to another, or signs of serious law violation are revealed, the directors of the border-gate customs sub-departments, the directors of the customs sub-departments of the outside-of-border gate sites of customs-procedures completion and the heads of the customs control squads may decide to temporarily postpone the departure or stop the transport means for search. Such search must comply with the law provisions and the decision issuers must take responsibility before law for their decisions.

    Article 52.- Declaration and inspection of transport means on exit, entry and in transit

1.      When carrying out customs procedures for transport means on exit, entry or in transit, their owners or drivers must make customs declaration, submit and/or produce transportation documents; supply information and vouchers related to the export or import goods and items on the transport means. The time limit for customs declaration shall comply with the provisions of Clauses 5, 6 and 7, Article 18 of this Law.

2.      The inspection of customs dossiers  and the actual conditions of transport means by customs officers shall comply with the provisions of Points c and d, Clause 2, Article 19, as well as Article 20 and Article 22 of this Law.

   Where the transportation documents satisfied the requirements of the customs inspection, the transport means owners or drivers shall not have to fill in the customs declaration forms, except for the luggage, export or import goods of the people on exit or entry aboard their transport means.

    Article 53.- Transshipment, border-gate-to-border-gate transportation, carriage transfer, carriage detachment, loading and unloading of goods aboard transport means on exit or entry.

   The transshipment, border-gate-to-border-gate transportation, carriage transfer, carriage detachment, loading and unloading of goods aboard transport means on exit, entry, which are under customs inspection and supervision, may be effected only when it is so consented by the customs offices.

   Goods handled during transshipment, border-gate-to- border-gate transportation, carriage transfer and carriage detachment must have their packings, boxes and parcels kept intact.

    Article 54.- International transportation combined with domestic transportation, domestic transportation combined with transportation of exports and imports

1.      Means used for international transportation, if permitted by the competent State bodies and meeting the customs supervision conditions set by the General Department of Customs, may be also used for domestic goods transportation.

2.      Means used in domestic transportation, if permitted by the competent State bodies and meeting the customs supervision conditions set by the General Department of Customs, may be also used for transportation of export or import goods being subject to customs supervision.

    Article 55.- Transport means on exit, entry, or in transit for defense and security purposes

   Military transport means, other transport means used for defense and security purposes must go through customs procedures and be subject to customs inspection and supervision according to the Government's regulations.

    Article 56.- Responsibility of the heads of the port authorities of airports, seaports, international direct railway stations to coordinate with the customs offices

   The heads of the port authorities of airports, seaports, international direct railway stations shall have to give advance notices to the directors of the border-gate customs sub-departments on the arrival and departure times, stop places, and the times for goods loading onto and/or unloading from sea-going ships, aircraft and international direct trains.

Section 5. TEMPORARY POSTPONEMENT OF CUSTOMS PROCEDURE CLEARANCE FOR EXPORT AND IMPORT GOODS UPON REQUESTS FOR PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

    Article 57.- Principles for temporary postponement of customs procedure clearance

1.      Holders of intellectual property rights already protected under the provisions of Vietnam law shall have the right to request the customs offices to temporarily stop carrying out the customs procedures for export or import goods which they have grounds to believe that their intellectual property rights are infringed upon.

2.      The customs offices may decide to temporarily stop carrying out customs procedures for export or import goods only when all conditions set in Article 58 of this Law are met.

    Article 58.- Conditions for requesting the temporary postponement of customs procedure clearance

   When requesting the temporary postponement of customs procedure clearance, the intellectual property right holders shall have to:

1.      Send to the customs offices the written requests together with evidences of their legitimate ownership of the intellectual property rights and evidences of the infringements thereupon.

2.      Pay a deposit or submit the written guaranty by a credit institution or another organization permitted to conduct a number of banking activities as security for payment of damage compensation and expenses, as prescribed by law, which may arise due to wrong requests for temporary postponement of customs procedure clearance.

    Article 59.- Specific provisions on the temporary postponement of customs procedure clearance

   Pursuant to this Law and other law provisions, the Government shall prescribe in detail the temporary postponement of customs procedure clearance for export and import goods upon requests for protection of intellectual property rights.

Section 6. PRIVILEGE AND IMMUNITY REGIME

    Article 60.- Privilege and immunity regime

   The privilege and immunity regime prescribed by this law include privileges and immunity with regard to customs declaration and customs inspection

    Article 61.- Immunity from customs declaration and inspection

1.      Diplomatic and consular bags shall enjoy immunity from customs declaration and inspection.

2.      Luggage and transport means of agencies, organizations and individuals entitled to diplomatic privilege and immunity, and luggage and transport means of other special subjects shall enjoy immunity from customs inspection.

    Article 62.- Handling of cases where violations of the privilege and immunity regime are detected

   Where there are grounds to assert that diplomatic or consular bags misused for purposes contrary to the international agreements on diplomatic and consular relations, which the Socialist Republic of Vietnam has signed or acceded to , or that luggage or transport means contain items banned from export or import, items of the categories not entitled to the privilege and immunity regime as prescribed by law, the General Department of Customs shall decide on the handling thereof according to these international agreements.

Chapter IV

RESPONSIBILITIES OF THE CUSTOMS SERVICE IN THE PREVENTION AND COMBAT OF SMUGGLING AND ILLEGAL CROSS-BORDER GOODS TRANSPORTATION

    Article 63.- Tasks of the customs service in the prevention and combat of smuggling and illegal cross-border goods transportation

1.      Within the scope of their tasks and powers, the customs offices at all levels shall organize the performance of the task of preventing and combating smuggling and illegal cross-border goods transportation.

2.      The customs offices at all levels may establish specialized units to perform the task of preventing and combating smuggling and illegal cross-border goods transportation.

    Article 64.- The scope of responsibility to prevent and combat smuggling and illegal cross-border goods transportation

1.      Within the geographical areas of customs operation, the customs offices shall have to inspect, supervise and control goods and transport means so as to actively prevent and combat smuggling and illegal cross-border goods transportation.

   Where goods and/or transport means have not yet been taken out of the geographical areas of customs operation while agencies, organizations or individuals shall have to immediately notify the customs offices thereof for inspection and handling.

2.      Outside the geographical areas of customs operation, the customs offices shall have to coordinate with the concerned State bodies in applying measures to prevent and combat smuggling and illegal cross-border goods transportation.

   Where goods or transport means have been taken out of the geographical areas of customs operation while the concerned State bodies have grounds to believe that acts of smuggling  or illegal cross-border goods transportation are committed, they shall conduct according to their competence the inspection and handling thereof under the provisions of law.

3.      The People's Committees at all levels shall direct and coordinate activities of the customs offices and other concerned State bodies in their localities in performing the task of preventing and combating smuggling and illegal cross-border goods transportation.

    Article 65.- Competence of the customs offices in the application of measures to prevent and combat smuggling and illegal cross-border goods transportation

1.      Organizing forces, setting up database, applying necessary professional measures, gathering customs operation-related information at home and aboard so as to actively prevent and combat smuggling and illegal cross-border goods transportation, and serve the customs clearance for goods and the post-customs clearance inspection; coordinating with the concerned bodies in keeping secret the suppliers of information on cases of smuggling and illegal cross-border goods transportation.

2.      Conducting customs control over goods and transport means; assuming the prime responsibility and coordinating with the concerned State bodies in carrying out activities of preventing and combating smuggling and illegal cross-border goods transportation within the geographical areas of customs operation.

3.      Taking necessary professional scouting measures as prescribed