What are responsibilities of the Vietnam Customs Sub-department of destination in cases where the ASEAN Customs Transit System (ACTS) procedure is terminated at the point of entry?

What are responsibilities of the Vietnam Customs Sub-department of destination in cases where the ACTS procedure is terminated at the point of entry?

Pursuant to Clause 3, Article 12 of the 46/2020/ND-CP stipulating responsibilities of the Vietnam Customs Sub-department of destination in cases where the ACTS procedure is terminated at the point of entry as follows: 

3. In cases where the ACTS procedure is terminated at the point of entry, the Customs Sub-department at the point of entry (the Customs Sub-department of destination) shall:

a) Receive the TAD prescribed in Clause 1 of this Article; inspect the status quo of goods; inspect the customs seal or the special seal in the case of transited goods of authorized transit traders.

If no violations are found during the inspection, the customs clearance shall be granted to the shipment.

If a violation is found during the inspection, the provisions in Point b of this Clause shall apply;

b) Carry out the examination of customs dossier and/or physical inspection of goods if so required.

If the inspection result is satisfactory, the Customs Sub-department of destination shall grant the customs clearance and send the “No Violation” message to the foreign customs authority of departure through the ACTS for terminating the transit operation.

If the inspection result is not satisfactory, the Customs Sub-department of destination shall send a request for verification through the ACTS to the foreign customs authority of departure and only grant the customs clearance after receiving satisfactory verification result.

With regard to authorized transit traders, after receiving the “Arrival Advice” message from the trader through the ACTS, the Director of the Customs Sub-department of destination shall decide to carry out the physical inspection of goods and notify this to the Declarant through the ACTS;

c) Update the date of arrival of goods, send the “Inspection Results” message through the ACTS to the customs authority of departure not later than 02 days after the goods have been presented and send the “Arrival Advice” message to the foreign customs authority of departure, the customs authorities of transit and the original customs authority of destination, in the case of change of the customs authority of destination, through the ACTS for terminating the transit operation.;

d) Record the grant of customs clearance on the TAD if so requested by the Declarant;

dd) Carry out procedures for import or transit transport of goods in accordance with applicable law of Vietnam.

What are responsibilities of the Vietnam Customs Sub-department of transit in cases where the ACTS procedure ends at the Customs Sub-department outside the border checkpoint? 

Pursuant to Clause 4, Article 12 of the 46/2020/ND-CP stipulating responsibilities of the Vietnam Customs Sub-department of transit in cases where the ACTS procedure ends at the Customs Sub-department outside the border checkpoint as follows: 

4. In cases where the ACTS procedure ends at the Customs Sub-department outside the border checkpoint, the Customs Sub-department at the point of entry (the Customs Sub-department of transit) shall:

a) Receive the TAD prescribed in Clause 1 of this Article; inspect the status quo of goods; inspect the customs seal or the special seal in the case of transited goods of authorized transit traders.

If no violations are found during the inspection, the Customs Sub-department of transit shall give approval for the transit operation to be continued in the normal way through the ACTS.

If a violation involving the seal and/or the status quo of goods is found during the inspection, the Customs Sub-department of transit shall send a request for verification through the ACTS to the foreign customs authority of departure and carry out the physical inspection of goods according to Point c of this Clause;

b) Carry out the examination of customs dossier if so required.

If the examination result indicates the goods are not subject to the ACTS procedure at the Customs Sub-department outside the border checkpoint, the Declarant shall be requested to complete the ACTS procedure at the border checkpoint.

If no violations are found during the examination, the Customs Sub-department at the point of entry shall give approval for the transited goods to be transported to the destination through the ACTS; update the ACTS with the examination result.

If the examination result is not satisfactory, the Customs Sub-department of transit shall send a request for verification through the ACTS to the foreign customs authority of departure and only give approval for the transited goods to be transported to the destination through the ACTS after receiving satisfactory verification result; Update the ACTS with the examination result; In case the verification result is not satisfactory, the provisions in Point c of this Clause shall apply;

c) Carry out the physical inspection of goods if so required, perform the tasks specified in Point c, Point d, Point dd Clause 3 of this Article and terminate the ACTS procedure;

d) Certify the passage of goods crossing the border through the ACTS.

Best regards!