Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 58/2003/ND-CP | Hanoi, May 29, 2003 |
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 9, 2000 Law on Drug Prevention and Combat;
At the proposals of the Minister of Public Security, the Minister of Health and the Minister of Industry,
DECREES:
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2. The control of activities of importing, exporting and transiting through Vietnam’s territory narcotics, pre-substances, addictive drugs and psychotropic medicines for defense and security purposes shall not be governed by this Decree.
Article 2.- The competent agencies shall, within the scope of their tasks and powers, have to coordinate with one another in tightly controlling activities of importing, exporting and transiting through Vietnam’s territory narcotics, pre-substances, addictive drugs and psychotropic medicines.
a/ Synthesizing and reporting to the Prime Minister the results of control of the import, export and transit through Vietnam’s territory of narcotics, pre-substances, addictive drugs and psychotropic medicines;
b/ Guiding the ministries, branches and provincial/municipal People’s Committees in formulating and realizing plans on controlling the import, export and transit through Vietnam’s territory of narcotics, pre-substances, addictive drugs and psychotropic medicines within the domains and localities under their respective localities.
2. Agencies and organizations carrying out activities of importing, exporting and transiting through Vietnam’s territory narcotics, pre-substances, addictive drugs and psychotropic medicines shall have to abide by the provisions of the Law on Drug Prevention and Combat, this Decree and other relevant legal documents; and be subject to the inspection and control by competent agencies as prescribed by law.
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1. Enterprises which are allowed by the Ministry of Health to import and/or export them for medical use, analysis, test and scientific research.
2. Enterprises which are allowed by the Ministry of Industry to import and/or export pre-substances for use in production domains.
3. Units under the People’s Police which are designated by the Ministry of Public Security to import and/or export them for use in combating crimes.
2. The Ministry of Industry shall specify the order and procedures for licensing the import/export of pre-substances for use in the production domains.
3. The Ministry of Public Security shall specify the order and procedures for licensing the import/export thereof for use in combating crimes.
1. A dossier of application for the import/export thereof includes:
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b/ The application for the import/export permits, made according to form uniformly set by the Ministry of Health, the Ministry of Industry and the Ministry of Public Security. The application must cover the following contents: the names and addresses of the importing/exporting organizations; the import/export purposes; the names and addresses of producers, the appellations, quantity and contents of narcotics, pre-substances, addictive drugs or psychotropic medicines to be imported/exported; the means and conditions to ensure transport safety; time and names of the border gates where the import/export goods shall be transported through.
2. If the above-stated documents are made in foreign languages, they must be translated into Vietnamese, with the certification of the lawfulness of the translation.
3. Within 15 working days after receiving the valid applications and dossiers, the Minister of Health, the Minister of Industry and the Minister of Public Security shall decide whether or not to grant import/export permits. The permits must clearly state the names and addresses of organizations allowed to carry out the import/export; the appellations, contents and quantity of narcotics, pre-substances, addictive drugs and psychotropic medicines; the time limits for the import/export; the names of the border-gates where the import/export goods shall be transported through. In cases of refusal to grant permits, they must notify the reasons therefor in writing.
Article 7.- The import/export permits shall be granted for each importation/exportation and be valid within the time limits inscribed therein. For cases where upon the expiry of the time limits inscribed in the permits, the import/export has not yet been carried out, the licensing agencies may extend these permits. The Ministry of Health, the Ministry of Industry and the Ministry of Public Security shall, within the scope of their tasks and powers, guide the implementation of this provision.
2. The Customs Sub-Departments where exist import/export goods shall have to carry out customs procedures and implement the regime of inspection and supervision of import/export goods in strict accordance with law provisions. If detecting that the import/export goods are incompatible with the contents of the permits, the border-gate Customs Sub-Department shall suspend import/export procedures, make records thereon and settle the cases according to their competence, and immediately notify concerned agencies thereof.
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3. In the course of transportation, the import/export goods must be packed and sealed; the packing must be clearly inscribed with the places of import/export, appellations and quantity, and accompanied by dossiers. In all circumstances, trunks, cases and boxes used for packing import/export goods must be accompanied with packing slips, clearly stating the substances’ appellations, concentration, contents (if any), quantity, date of packing and names of packers.
4. Means used for transportation of import/export goods must meet all prescribed conditions so as to create favorable conditions for the customs offices and police offices to perform the control and management thereof when necessary.
5. The Ministry of Health, the Ministry of Industry and the Ministry of Public Security shall, within the ambit of their tasks and powers, guide the implementation of the provisions of this Article.
2. The importing/exporting agencies and organizations and the Customs Sub-Departments of the border-gates where the import/export goods are transported through shall have to implement the regime of preservation, reporting and statistics prescribed by the Ministry of Health, the Ministry of Industry, the Ministry of Public Security and the Ministry of Finance, and within 10 working days after the import/export is completed, have to report the results to the licensing agencies and the Ministry of Public Security for monitoring. Upon the expiry of the book- and voucher-keeping duration, the units’ heads shall have to set up councils for destruction of these books and vouchers and have to make records thereon. In all circumstances, when detecting any mistakes or losses concerning these substances, the importing/exporting agencies and organizations shall have to immediately notify the licensing agencies thereof.
Article 11.- For cases of violating the regulations on control of import/export activities, the Minister of Health, the Minister of Industry and the Minister of Public Security may, depending on the nature and seriousness of the violations, decide to withdraw the import/export permits already granted, suspend the import/export and handle the violators and the import/export goods according to their competence or transfer the cases to competent authorities for handling according to law provisions.
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1. A dossier of application for the transit shall include:
a/ The export permits of the exporting country;
b/ The import permits of the importing country;
c/ The transit permits of countries which the import or export goods have been transported through before Vietnam (for cases of transit through many countries);
d/ The application for transit, made according to form set by the Vietnamese Public Security Ministry. The application must cover the following contents:
- The names and addresses of the organizations conducting the transit transportation;
- The time and reasons for the transit;
- The names and addresses of the producers, the appellations, chemical formula, quantity and concentration of narcotics, pre-substances, addictive drugs and psychotropic medicines, enclosed with samples;
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2. If the above-stated documents are made in foreign languages, they must be translated into Vietnamese with the certification of the lawfulness of the translation.
3. Within 15 working days as from the date of receiving the valid applications and dossiers, the Minister of Public Security shall have to decide whether or not to grant permit for the transit through Vietnam’s territory. The permits must clearly state the names and addresses of organizations licensed to conduct the transit transportation; the appellations, concentration and quantity of narcotics, pre-substances, addictive drugs and psychotropic medicines; the time limits for the transit; and the names of the border-gates where the transit goods shall be transported through. In cases of refusal to grant permits, it must notify the reasons therefor in writing.
2. Basing himself/herself on each specific case, the Minister of Public Security shall decide on the time, itineraries and border-gates where the transit goods are allowed to be transported through.
3. A permit for transit through Vietnam’s territory shall be valid for a single transit within the time limit inscribed therein. In cases where upon the expiry of the time limit inscribed in the permit, the transit has not yet been carried out, the licensing agency may extend such permit.
Article 15.- Agencies and organizations conducting the transit transportation through Vietnam’s territory shall have to carry out the procedures therefor, be subject to the control of Vietnamese customs agencies and other competent agencies and pay all expenses for the transit according to law provisions.
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3. While in transit, the transit goods must be packed and sealed; their packing must be inscribed with the places of export or import, the appellations, quantity, concentration and contents (if any), date of packing, and be accompanied with dossiers.
Article 17.- The Customs Sub-Departments of the border-gates where the transit goods are transported through shall have to carry out all procedures and implement the regime of customs inspection and supervision prescribed by law for transit goods. If the duration for completion of customs procedures is prolonged, the transit goods must be deposited in the customs offices’ warehouses as prescribed. In cases where in the course of transportation, the customs seals or the original conditions of the transit goods alter due to incidents, the Customs Sub-Departments of the border-gates where the transit goods are transported out of Vietnam’s territory shall suspend the customs procedures, make records thereon and immediately notify the concerned agencies thereof.
2. When the transit goods are transported out of the geographical areas under their respective management, the concerned agencies and units assigned the tasks of controlling the transit shall have to exchange information with the concerned agencies and units in the localities where the transit goods shall be transported through for the latter to continue controlling them strictly.
Article 19.- For cases of violating the regulations on transit transportation, the Minister of Public Security shall, depending on the nature and seriousness of these violations, decide to withdraw transit permits already granted, handle the violators and transit goods according to his/her competence or transfer the cases to functional agencies for handling according to law provisions.
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2. Agencies, organizations and individuals that violate the provisions of this Decree shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability.
Article 21.- Funding for the control of the import, export and transit through Vietnam’s territory of narcotics, pre-substances, addictive drugs and psychotropic medicines shall be apportioned by the State budget within the annual budget estimates of specialized managing agencies.
2. The Minister of Public Security, the Minister of Health, the Minister of Industry and the Minister of Finance shall, within the scope of their tasks and powers, have to inspect and urge the implementation of this Decree.
Article 23.- This Decree takes effect 15 days after its publication in the Official Gazette. The previous regulations contrary to this Decree are all hereby annulled.
The ministers, the heads of the ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the provincial/municipal People’s Committee shall have to implement this Decree.
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- 1 Decree No. 73/2020/ND-CP dated June 30, 2020 on immigration control of persons entering or exiting Vietnam territory on national defense and security transport for national defense and security purposes
- 2 Circular No.17/2015/TT-BGTVT dated May 14, 2015, amending, supplementing a number of articles of the Circular No. 15/2014/TT-BGTVT providing guidance on routes for transport of transit goods through the territory of Vietnam
- 3 Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government
- 4 Law No.23/2000/QH10 of December 09, 2000 on drug prevention and fight
- 1 Decree No. 73/2020/ND-CP dated June 30, 2020 on immigration control of persons entering or exiting Vietnam territory on national defense and security transport for national defense and security purposes
- 2 Circular No.17/2015/TT-BGTVT dated May 14, 2015, amending, supplementing a number of articles of the Circular No. 15/2014/TT-BGTVT providing guidance on routes for transport of transit goods through the territory of Vietnam