Requirements for recognition of bonded warehouses

1. The area to be recognized as a bonded warehouse or yard must be located in the area prescribed in Clause 1 Article 62 of the Law on customs or the border-gate economic zone or the area included in the logistics center development planning approved by competent authorities.

2. The bonded warehouse or yard must be separated from surrounding areas by walls, fences, and meet customs inspection and supervision requirements, except for those located in border checkpoints or ports with walls or fences to keep it completely separated from surrounding areas.

3. Area

a) A bonded warehouse located within the boundaries of a seaport, inland waterway port, inland port, international airport terminal or international railway station must have a storage facility covering the minimum area of 1,000 m2;

b) A dedicated bonded warehouse must have a storage facility that covers the minimum area of 1,000 m2 or has the minimum volume of 1,000 m3;

c) A bonded warehouse located within the boundaries of an industrial zone must occupy a land plot covering the minimum area of 4,000 m2 (including warehouses, yards and other supporting structures), especially the storage facility that covers a minimum area of 1,000 m2;

d) A bonded warehouse other than those mentioned in Point a, Point b and Point c of this Clause must occupy a land plot covering a minimum area of 5,000 m2 (including warehouses, yards and other supporting structures), especially the storage facility that covers a minimum area of 1,000 m2;

dd) A bonded yard must cover a minimum area of 10,000 m2 while none of requirements will be imposed on its storage facility.

4. The bonded warehouse must have software that is capable of storing, managing and providing online data to customs authorities, including information relating to names, categories, quantity and status of goods, times of receiving, dispatching and storing goods at the bonded warehouse as provided in the customs declaration for management under the automatic customs management and control system.

5. It must be equipped with a camera system which is connected online with its supervisory customs authority. All locations in the bonded warehouse or bonded yard (including its gate, entrance and internal parts, except for internal parts of a bonded warehouse which is used for storing frozen goods) must be monitored 24/7 and camera images must be kept for at least 06 months.”.

7. Article 11 is amended as follows:

“Article 11. Application for recognition of bonded warehouses

1. The application form made according to Form No. 01 in the Appendix enclosed herewith: 01 original.

2. The enterprise registration certificate or investment certificate or another equivalent document as prescribed in Clause 4 Article 81 of the Government’s Decree No. 78/2015/ND-CP dated September 14, 2015: 01 photocopy.

3. The diagram of the warehouse or yard in which building boundaries, locations of commodity storage facility, camera system, internal roads, security, warehouse and customs offices must be clearly stated: 01 photocopy.

4. The certificate of fulfillment of fire fighting and prevention requirements issued by a police agency: 01 photocopy.”

8. Clause 1, Clause 2, Clause 3 and Clause 6 Article 14 are amended as follows:

“1. Cases of suspension of a bonded warehouse:

a) The suspension is requested by the enterprise;

b) The goods have not been moved in or out of the bonded warehouse for a consecutive period of 06 months.

2. The Director General of the General Department of Customs shall issue a decision on suspension of the bonded warehouse.

3. Suspension procedures

a) In case of suspension as requested by the enterprise:

The enterprise shall send a written request for approval for suspension of its bonded warehouse, which is made according to Form No. 01 in the Appendix enclosed herewith, to the provincial Customs Department managing the bonded warehouse.

Within 05 working days from receipt of the enterprise’s request, the provincial Customs Department shall inspect and make a record of bonded inventory according Form No. 04 in the Appendix enclosed herewith, which must bear the certification of the warehouse owner, and report it to the Director General of the General Department of Customs.

The General Department of Customs shall issue a decision on suspension of bonded warehouse within 05 working days from receipt of the report from the provincial Customs Department. The suspension period shall not be longer than 06 months.

b) In case where the suspension is made because goods have not been moved in or out of the bonded warehouse for a consecutive period of 06 months

Within 03 working days from the end of the period prescribed in Point b Clause 1 of this Article, the Customs Sub-department managing the bonded warehouse shall report the suspension of the bonded warehouse to the provincial Customs Department.

Within 03 working days from receipt of the report from the Customs Sub-department managing the bonded warehouse, the provincial Customs Department shall inspect and make a record of bonded inventory according Form No. 04 in the Appendix enclosed herewith, which must bear the certification of the warehouse owner, and report it to the Director General of the General Department of Customs for issuing a decision on suspension of the bonded warehouse according to the provisions in Point a of this Clause.

6. During the suspension period, if the enterprise wishes to resume the operation of the bonded warehouse, it shall give a written notification, which is made according to Form No. 02 in the Appendix enclosed herewith, to the provincial Customs Department.

Within 05 working days from receipt of the enterprise’s notification, the provincial Customs Department shall inspect and make a record of operation conditions and bonded inventory according Form No. 04 in the Appendix enclosed herewith, which must bear the certification of the warehouse owner, and report it to the Director General of the General Department of Customs. Within 05 working days from receipt of the report from the provincial Customs Department, the Director General of the General Department of Customs shall issue a decision on operation resumption of the bonded warehouse.”.

9. Clause 4, Clause 5 and Clause 6 Article 19 are amended as follows:

“4. The container freight station (CFS) must have software that is capable of storing, managing and providing online data to customs authorities, including information relating to names, categories, quantity and status of goods, times of receiving, dispatching and storing goods at the CFS as provided in the bill of lading and/or customs declaration for management under the automatic customs management and control system.

5. It must be equipped with a camera system which is connected online with its supervisory customs authority. All locations in the CFS must be monitored 24/7; camera images must be kept for at least 06 months.

6. If the CFS is located within the boundaries of a seaport or inland port:

a) If the CFS is operated by the port operation enterprise, it shall not be required to follow CFS recognition procedures as prescribed herein but must follow procedures for issuance of the CFS code which is used for completing procedures for transport of goods to or out of the CFS before the CFS is put into operation.

The port operation enterprise shall send 01 original of the application for issuance of the CFS code, which is made according to Form No. 03 in Appendix enclosed herewith, to the provincial Customs Department. Within 05 working days from receipt of the application, the provincial Customs Department shall complete the physical inspection of the CFS and report the inspection result to the General Department of Customs for issuing the CFS code. Within 05 working days from receipt of the report from the provincial Customs Department, the General Department of Customs shall issue a CFS code, and notify it to the enterprise and the provincial Customs Department.

b) If the CFS is not operated by the port operation enterprise, CFS recognition procedures shall be carried out in accordance with Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 19 and Article 20 hereof.”.

10. Article 20 is amended as follows: