Circular No. 05/2003/TT-BTC of January 13, 2003, guiding the disposal of goods left in stock at Vietnams seaports
THE MINISTRY OF FINANCE
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom Happiness
Hanoi , January 13, 2003
GUIDING THE DISPOSAL OF GOODS LEFT IN STOCK AT VIETNAMS SEAPORTS
Pursuant to the Governments Decree No. 86/2002/ND-CP of November 5, 2002 prescribing the functions, tasks, powers and organizational structure of the ministries and ministerial-level agencies;
Pursuant to the Governments Decree No. 178/CP of October 28, 1994 on the tasks, powers and organizational apparatus of the Ministry of Finance;
In order to dispose goods left in stock without recipients at seaports and create conditions to raise the efficiency of seaports operation; at the proposals of the localities and seaports; after consulting with the Ministry of Communications and Transport and the Ministry of Trade, the Ministry of Finance hereby guides a number of points on the disposal of goods left in stock at Vietnams seaports as follows:
I. SCOPE AND SUBJECTS OF APPLICATION:
1. This Circular guides the disposal of goods left in stock at Vietnams seaports, including:
- Goods which have been kept at warehouses or storing yards beyond the prescribed time limits without recipients.
- Goods in excess as compared to the bills of lading.
- Goods not inscribed in manifests.
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- Goods temporarily consigned but without claimants.
- Returned export goods without recipients.
- Goods deposited at seaports warehouses or yards by agents upon the release of containers, but without recipients.
- Goods held in Vietnam and left at seaports by sea carriers, who have issued written documents abandoning their rights to hold goods.
The above-mentioned goods shall be considered being left in stock at seaports when they are not received after being notified by the seaports to the goods owners or agents for at least 3 times within 60 days, or once within 5 days for frozen goods, perishable foodstuffs and dangerous and hazardous
2. This Circular shall not apply to the following goods:
a) Goods held in Vietnam by sea carriers under the provisions of the Governments Decree No. 55/1998/ND-CP of July 22, 1998 on the disposal of goods held in Vietnam by sea carriers.
b) Goods, which are abandoned, strayed or mistakenly-claimed or unclaimed after the expiry of customs declaration time limit prescribed in Article 45 of the Customs Law.
II. ORGANIZATION OF THE DISPOSAL OF GOODS LEFT IN STOCK AT SEAPORTS
1. Setting up Councils for disposing goods left in stock at seaports:
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In provinces and centrally-run cities where seaports exist, the provincial/municipal Peoples Committees shall set up Councils for disposing goods left in stock at seaports, possibly the Standing Councils operating on a part-time basis.
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