Procedures for recognizing an off-airport cargo terminal in Vietnam

Procedures for recognizing an off-airport cargo terminal in Vietnam​​ (Image from the Internet)

1. Procedures for recognizing an off-airport cargo terminal in Vietnam

The procedures for recognizing an off-airport cargo terminal in Vietnam according to Article 27 Decree 68/2016/ND-CP are as follows:

- Enterprises submit an application for recognition directly, by mail, or through the electronic information system of the customs authority to the General Department of Customs.

- Within 10 working days from the date of receiving the complete application from the enterprise, the General Department of Customs, in cooperation with the Ministry of Transport and the People's Committee of the centrally-run province or city, completes the inspection of the application and physical warehouse. Upon conclusion of the inspection, the customs authority and the enterprise sign a record acknowledging the inspection's content.

- Within 15 working days from the date of completing the inspection of the application and physical warehouse, based on the opinions of the Ministry of Transport and the People's Committee of the centrally-run province or city, the Director General of the General Department of Customs issues a decision to recognize the off-airport cargo terminal or provides a written response to the enterprise if the conditions are not met as per the regulations.

2. Provisions on suspension of off-airport cargo terminal operations in Vietnam

The provisions on the suspension of off-airport cargo terminal operations according to Article 29 Decree 68/2016/ND-CP are as follows:

- The suspension of off-airport cargo terminal operations occurs when the enterprise submits a written request for suspension. The suspension period does not exceed 6 months.

- The provincial or municipal Customs Department issues a notice to suspend the off-airport cargo terminal operations.

- Procedure for suspension of operations:

Within 5 working days from receiving the enterprise's request for the suspension of off-airport cargo terminal operations, the provincial or municipal Customs Department conducts an inspection, confirms the remaining goods in the warehouse, and issues a notice to suspend the off-airport cargo terminal operations.

- During the suspension period, the customs authority does not process customs procedures for goods entering the warehouse; it supervises and handles the remaining goods in the warehouse according to the law.

- At least 5 working days before the suspension period ends, the enterprise must submit a written report on the resumption or termination of the off-airport cargo terminal operations.

- During the suspension period stipulated in clause 1, Article 29 Decree 68/2016/ND-CP, if the enterprise requires resumption of operations, it must notify in writing the provincial or municipal Customs Department according to Form No. 02 attached to Decree 68/2016/ND-CP.

3. Provisions on termination of off-airport cargo terminal operations in Vietnam

Termination of off-airport cargo terminal operations is regulated in Article 30 Decree 68/2016/ND-CP as follows:

- Cases for terminating off-airport cargo terminal operations:

+ The enterprise fails to maintain the conditions specified in Article 25 Decree 68/2016/ND-CP or terminates operation of the previous warehouse owner in case of warehouse ownership transfer;

+ The enterprise submits a written request for termination to the General Department of Customs;

+ Over 6 months have passed since the establishment decision without the enterprise putting the off-airport cargo terminal into operation;

+ The suspension period has expired, but the enterprise did not submit a written notice for resumption of operations;

+ Within 12 months, the enterprise commits 3 administrative violations related to customs in warehouse operations and is penalized with fines exceeding the sanction authority of the Head of the Customs Sub-Department for each violation.

- Procedure for termination of off-airport cargo terminal operations:

+ The provincial or municipal Customs Department conducts inspection and liquidation of all remaining goods in the off-airport cargo terminal; reports and proposes the termination to the General Department of Customs.

+ Within 15 working days from receiving the report from the provincial or municipal Customs Department, the Director General of the General Department of Customs considers and issues a decision to terminate operations for the off-airport cargo terminal.

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