THE MINISTRY OF FINANCE
Circular No. 47/2015/TT-BTC dated April 10, 2015 of the Ministry of Finance providing for pilot project on implementing the regulations on customs authorized supervision agent according to the road transportation agreement between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic Of China
Pursuant to the Law on Customs No. 54/2014/QH13 dated Lune 23, 2014;
Pursuant to the Decree No. 215/2013/NĐ-CP dated December 23, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;
Pursuant to the Decree No. 08/2015/NĐ-CP dated January 21, 2015 by the Government providing guidance on the implementation of the Law on Customs in term of customs procedures , examination, supervision and control of customs;
Pursuant to the Decision No. 74/2014/QĐ-TTg dated December 24, 2014 by the Prime Minister on the pilot project on implementing the regulations on Customs authorized supervision agent according to the Road transportation agreement between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China;
At the request of the Director of the General Department of Customs,
The Minister of Finance promulgates the Circular providing for the pilot project on implementing the regulations on Customs authorized supervision agent according to the Road transportation agreement between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China.
Article 1. Scope of adjustment
This Circular provides for procedures for application and permission of Customs authorized supervision agent and the operation of the Customs authorized supervision agent; procedures for registration of the Customs supervision record book on means of transport and Permit to the driver of the means of transport subjected to customs supervision; customs procedures in the management of Chinese road vehicles and goods allowable to transport within Vietnam’s territory.
Article 2. Subject of application
1. Chinese enterprises with road vehicles (trucks, tractors, trailers, semi-trailer) transporting of goods exported, imported within Vietnam’s territory or in transit through Vietnam’s territory according to the Road transportation agreement between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China.
2. Customs authority, customs officials.
3. Enterprises working as Customs authorized supervision agent.
Article 3. Interpretation of terms
In this Circular, these terms can be construed as follows:
1. The Road transportation agreement between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China (hereinafter referred to as Vietnam-China Road transportation agreement) includes:
a) The Road transportation agreement between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China signed on 22/11/1994;
b) The Protocol between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China signed on 11/10/2011 on amendments to the Road transportation agreement between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China;
c) The Protocol between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China signed on 11/10/2011 on the implementation of the Road transportation agreement between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China.
2. A Customs authorized supervision agent means a Vietnamese enterprise satisfying the following conditions:
a) Being issued with License for international road transport to carry out goods transport on the conformable routes according to the provisions of the Vietnam-China Road transportation agreement;
b) Having business involving the locations within Vietnam’s territory in which Chinese road vehicles carry out the exchange of goods and within the operation of a Customs authority;
c) Full complying with the Law on Customs;
d) Being permitted to be Customs authorized supervision agent as prescribed in Article 4 of this Circular.
Any Customs authorized supervision agents is the intermediate agent responsible for the road transportation in term of road transport vehicles and goods of Chinese enterprises operated within Vietnam’s territory as prescribed in this Circular.
3. A Customs supervision record book on means of transport means a type of document serving the management of vehicles of a Chinese enterprise during the transport of goods exported or imported within Vietnam’s territory or in transit through Vietnam’s territory according to the Vietnam-China Road transportation agreement.
4. A Permit to the driver of the means of transport subjected to customs supervision means a type of document serving the management of vehicle operators of a Chinese enterprise during the transport of goods exported/imported within Vietnam’s territory or in transit through Vietnam’s territory according to the Vietnam-China Road transportation agreement.
Article 4. Procedures for application and permission of Customs authorized supervision agent
1. The Vietnamese enterprise shall send the General Department of Customs directly or by post a set of application including:
a) A written request for permission to be a Customs authorized supervision agent;
b) A the Business registration certificate: 01 notarized copy;
c) A Licence for international road transport: 01 notarized copy;
d) Documents proving the enterprise with business involving the location specified in point b clause 2 Article 3 of this Circular: 01 notarized copy.
2. Receipt and process of the application:
Within 15 days from the day on which the written request for permission to be Customs authorized supervision agent and the documents specified in clause 1 Article 4 of this Circular are received, the General Department of Customs is responsible for examining the requirements and carrying inspection at the enterprise’s premises if necessary. Based on the conditions prescribed in clause 2 Article 3 of this Circular, the Customs authorized supervision agent shall send the applicant a written response about whether the application is approved or not (if it is rejected, the writing shall contain explanation).
