Process of the facility establishment

1. The enterprise shall submit their application for establishment of the facility to the Customs Department of a province/city where the facility is located as stipulated in Article 13 hereof.

2. The decision on establishment of the facility must be granted as follows:

a) The Customs Department of a city or province where the facility is established shall receive the documentation submitted by the enterprise;

b) Within a permitted period of 10 working days of receipt of all required documentation from the enterprise, the Customs Department of a city or province shall check the submitted documentation; survey or carry out the field inspection of the area where the facility will be built; assess conformity to requirements for establishment of the facility, ensure that customs inspection and supervision conditions must be met, send a report and request to the General Department of Customs (if all requirements for establishment of the facility are met);

c) Within a permitted period of 05 working days of receipt of the report made by the Customs Department of a province or city enclosing the application for establishment of the facility, the Director of the General Department of Customs shall grant his/her decision to establish the facility or give a written response to the enterprise if the enterprise fails to meet all statutory requirements.

Article 15. Termination or temporary suspension of operations of the facility

1. Termination of operations of the facility

a) Cases in which operations of the facility are terminated shall include the followings:

a.1) The enterprise sends the written request for operation termination;

a.2) In excess of a maximum period of 06 months from the date of establishment decision, the enterprise has not operated the facility without any valid reason;

a.3) The facility fails to meet requirements concerning customs inspection or supervision in accordance with regulations laid down in Article 12 hereof;

a.4) Within a period of 01 year, the enterprise commits 03 administration violations against customs regulations, and is subjected to paying each administrative fine amount which falls outside of the jurisdiction of the Director of the Customs Sub-department;

a.5) The term of temporary suspension has been passed in accordance with regulations laid down at Point dd Clause 2 of this Article;

b) Authority to grant a decision on such termination: the Director of the General Department of Customs shall make a decision to terminate operations of the facility;

c) Process for terminating operations of the facility and time limit for processing application for such termination:

c.1) The Customs Department of a province or city shall carry out their customs inspection in order to send a report or recommendation on considering termination of the facility’s operations within the following periods:

c.1.1) Five (05) working days of receipt of the written request for termination of the enterprise’s operations;

c.1.2) 30 days from the end of the term stipulated at Point a.2 of this Clause if the enterprise fails to send a written explanation in which valid reasons must be stated and notification of the maximum period within which the facility’s operations commence. If the enterprise sends a written request to the Customs Department of a city or province in which valid reasons are stated for the maximum period within which the facility’s operations must commence, the Director of the Customs Department of a province or city shall consider granting an extension decision under which each extension does not exceed the maximum period the enterprise requests and 06 months from the date on which the Director of the General Department of Customs grants the decision to establish the facility;

c.1.3) After those stipulated at Point a.3 and a.4 of this Clause are detected;

c.1.4) Within 30 days from the end of the regulated term, if the enterprise’s requested period within which the facility’s operations commence is more than 6 months from the date on which the Director of the General Department of Customs grants the decision to establish the facility;

c.2) Within a permitted period of 05 working days of receipt of the report made by the Customs Department of a province or city, the Director of the General Department of Customs shall consider deciding to terminate the facility’s operations.

2. Temporary suspension of the facility’s operations:

a) Such termination shall take place if the facility has not operated due to none of postal items and the enterprise files a request for temporary suspension of the facility’s operations;

b) Authority to issue the notification of temporary suspension of the facility’s operations:

b.1) The Director of the Customs Department of a province or city shall issue the notification of temporary suspension of the facility’s operations for a maximum period of 06 months;

b.2) If the over-6-month temporary suspension is required, the Director of the General Department of Customs shall issue the notice of such temporary suspension;

c) Process for temporary suspension of the facility’s operations and time limit for processing applications for such temporary suspension:

c.1) Within a permitted period of 04 working days of receipt of the written request for the temporary suspension of the facility’s operation from the enterprise, the Director of the General Department of Customs shall issue the notice of temporarily terminating the facility’s operations;

c.2) Within a permitted period of 04 (four) working days of receipt of the report or recommendation from the Customs Department of a province or city, and the written request of the enterprise in the cases stipulated at Point b.2 of this Clause, the Director of the General Department of Customs shall consider issuing the notice of temporarily suspending the facility’s operations;

d) Within the temporary suspension period, this facility shall not be placed under the customs control;

dd) Within the abovementioned period, if the enterprise files the written request for permission for their facility’s operation, the Director of the Customs Department of a province or city shall inspect the establishment and operation conditions. If the facility meets required conditions, the Director shall grant the written permission for the facility’s operations or report to the Director of the General Department of Customs to obtain his/her permission for cases stipulated at Point b.2 of this Clause. If the abovementioned conditions are not met, or within 30 days from the end of the abovementioned period, and the enterprise does not file the written request, the Director of the Customs Department of a city or province shall report to the Director of the General Department of Customs to obtain his/her decision to consider terminating the facility’s operations in accordance with regulations laid down in Clause 1 of this Article.