Thông tư 27/2014/TT-BCT

CIRCULAR

ON TRANSIT OF GOODS OF THE KINGDOM OF CAMBODIA THROUGH THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Agreement between Government of the Socialist Republic of Vietnam and Royal Government of Cambodia dated December 26, 2013;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government on guidelines for the Law on Commerce on international trade in goods and commercial agency, trading, processing and transit of goods with foreign countries;

At the request of Director of the Department export and import,

The Minister of Industry and Trade issues a Circular on transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular promulgates procedures for issuance and extension of permits for transit of goods (hereinafter referred to as good transit permits), transportation of goods in transit and sale of goods in transit as prescribed in the Agreement on transit of goods between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia dated December 26, 2013 (hereinafter referred to as the Agreement).

Article 2. Regulated entities

This Circular applies to agencies, organizations and individuals involved in transit of goods as prescribed in the Agreement.

Chapter II

PROCEDURES FOR ISSUANCE AND EXTENSION OF GOOD TRANSIT PERMITS

Article 3. Issuance of good transit permits

Procedures for application for a good transit permit:

1. With regard to goods which are weapons, ammunition, explosives and military equipment serving security and national defense purposes prescribed in Clause 3 of Article 4 of Agreement, each good owner shall send an application for good transit permit (using forms in Appendix 1A issued herewith) to the Department of export and import (the Ministry of Industry and Trade).  Address: 54 Hai Ba Trung, Hoan Kiem District, Hanoi, Vietnam.

a) Within 07 working days, from the date on which the satisfactory application of good owner is received, the Ministry of Industry and Trade shall submit such application to the Prime Minister’s for consideration and decision.

b) Within 07 working days, from the date on which the response of the Prime Minister is received, the Ministry of Industry and Trade shall send the written response to the good owner.

2. With regard to goods which are mentioned in the List of banned goods in Vietnam but not mentioned in the List of banned goods in Cambodia prescribed in Clause 4 of Article 4 of Agreement, each good owner shall send an application for good transit permit (using forms of Appendix IIA issued herewith) to the Office of export and import management in Ho Chi Minh city (the Department of export and import - Ministry of Industry and Trade). Address: 12 Vo Van Kiet, District 1, Ho Chi Minh city, Vietnam.

3. With regard to goods which are mentioned in the List of banned goods in Cambodia prescribed in Clause 5 of Article 4 of Agreement, each good owner shall send an application for good transit permit to the Department of export and import (Ministry of Industry and Trade). Address: 54 Hai Ba Trung, Hoan Kiem District, Hanoi, Vietnam. An application includes:

a) An application form for good transit permit: 01 original (using forms of Appendix IA issued herewith).

b) An application for good transit permit issued by the Ministry of Trade of the Kingdom of Cambodia: 01 original.

4. With regard to goods which are processed good products prescribed in Clause 2 of Article 5 of Agreement, each good owner shall send an application for good transit permit to the Department of export and import (Ministry of Industry and Trade). Address: 54 Hai Ba Trung, Hoan Kiem District, Hanoi, Vietnam. An application includes:

a) An application form for good transit permit: 01 original (using forms of Appendix 1A issued herewith).

b) An application for good transit permit of the Ministry of Trade of Kingdom of Cambodia: 01 original.

5. The application form for good transit permit issued by the Ministry of Trade of Kingdom of Cambodia prescribed in Point b of Clause 3, Point b of Clause 4 of this Article shall be made in English or Vietnamese. If such application is made in Khmer, the good owner is required to enclose with its Vietnamese translation which is certified and consularly legalized by the diplomatic mission of Vietnam in Kingdom of Cambodia or the diplomatic mission of the Kingdom of Cambodia in Vietnam as prescribed.

6. With regard to goods prescribed in Clause 5 of Article 4 of Agreement and processed good products prescribed in Clause 2 of Article 5 of Agreement, the Ministry of Industry and Trade shall grant a good transit permit after receiving satisfactory application sent by the good owner and application for good transit permit issued by the Ministry of Trade of the Kingdom of Cambodia sent to the Ministry of Industry and Trade of Vietnam via the Embassy or the Commercial affair of Vietnam in Cambodia or the Embassy or the Commercial affair of Cambodia in Vietnam.

7. Deadline for application processing prescribed in Clause 2, Clause 3 and Clause 4 of this Article is 07 working days, from the day on which the satisfactory application is received.

8. In case the application is not satisfactory, within 03 working days, from the date on which the application is received, the receiving body shall send a request for amendments to application to the good owner.

9. Forms of good transit permits issued by the competent agency are prescribed in Appendix IB and Appendix IIB issued herewith. In case the application is rejected, the licensing agency must provide explanation in writing.

Article 4. Extension of good transit permits

1. An application for extension of a good transit permit prescribed in Clause 2 of Article 3 of this Circular includes:

a) An application form for extension of the good transit permit: 01 original (using form of Appendix IIIA issued herewith).

b) The good transit permit: 01 copy (countersigned and borne certified true copy stamp of the good owner).

2. An application for extension of a good transit permit prescribed in Clause 3 and Clause 4 of Article 3 of this Circular includes:

a) An application form for extension of the good transit permit (using form of Appendix IVA issued herewith).

b) The good transit permit: 01 copy (countersigned and borne certified true copy stamp of the good owner).

c) An application for extension of the good transit permit of the Ministry of Trade of Kingdom of Cambodia: 01 original.

3. The application for extension of the good transit permit shall be sent to the licensing authority at the address prescribed in Clause 2, Clause 3 and Clause 4 of Article 3 of this Circular.

4. The application for the good transit permit issued by the Ministry of Trade of Kingdom of Cambodia prescribed in Point c of Clause 2 of this Article shall be made in English or Vietnamese. If such application is made in Khmer, the good owner is required to enclose with its Vietnamese translation which is certified and consularly legalized by the diplomatic mission of Vietnam in Kingdom of Cambodia or the diplomatic mission of Kingdom of Cambodia in Vietnam as prescribed.

5. With regard to goods prescribed in Clause 5 of Article 4 of the Agreement and processed good products prescribed in Clause 2 of Article 5 of Agreement, the Ministry of Industry and Trade shall grant a good transit permit after receiving satisfactory application sent by the good owner and application for extension of the good transit permit issued by the Ministry of Trade of Kingdom of Cambodia sent to the Ministry of Industry and Trade of Vietnam via the Embassy or the Commercial affair of Vietnam in Cambodia or the Embassy or the Commercial affair of Cambodia in Vietnam.

6. Deadline for processing of application for extension is 07 working days, from the day on which the satisfactory application is received.

7. In case the application is not satisfactory, within 03 working days, from the date on which the application is received, the receiving body shall send a request for amendments to the application.

8. Application forms for extension of good transit permits issued by the competent agency are prescribed in Appendix IIIB, Appendix IIIC, Appendix IVB and Appendix IVC issued herewith. In case an application for extension is rejected, the licensing agency must provide explanation in writing.

Article 5. Transit of other goods

When transiting goods other than goods prescribed in Article 4 and Clause 1 and Clause 2 of Article 5 of Agreement on roads, waterway or railway through checkpoints prescribed in Article 7 of the  Agreement, the good owner or the lawfully authorized carrier shall follow procedures for transit at the customs authority without any good transit permit granted by the Ministry of Industry and Trade or Office of export and import management in Ho Chi Minh city (Department of export and import - the Ministry of Industry and Trade).

Chapter III

TRANSPORTATION OF GOODS IN TRANSIT

Article 6. Vehicles transporting goods in transit and escorts

1. The vehicles of Vietnam, Cambodia or a third country which are used for transportation of goods in transit on roads or waterway as prescribed in Article 10 of the Agreement are required to comply with the Agreement on road transportation entered into by Government of the Socialist Republic of Vietnam and Royal Government of Cambodia dated June 1, 1998, the Agreement on waterway transportation entered into by Government of the Socialist Republic of Vietnam and Royal Government of Cambodia dated December 17, 2009 and guiding, amended or replaced documents of these documents and relevant regulations of law.

2. Procedures for incoming and outgoing vehicles and escorts; procedures for storage of goods in transit; procedures for ship-to-ship transfer and transloading shall be followed in accordance with the Law on Customs and its guiding documents.

Article 7. Checkpoints for transit of goods

Goods in transit are permitted to be transported through following international checkpoints and connecting routes:

Article 8. Documentary evidence for customs procedures for goods in transit

The owner or the carrier must submit documentary evidence to customs authority as prescribed in law on customs and guiding documents.

Article 9. Supervision of goods in transit within Vietnam’s territory

Goods in transit are subject to supervision of General Department of Vietnam Customs throughout the period in which goods in transit are in Vietnam’s territory.

Article 10. Deadline for transit of goods

Goods are permitted to be retained within Vietnam’s territory within 30 days, from the date on which customs procedures at the import checkpoint are finished, except for cases eligible for extension of deadline for transit of goods as prescribed in Article 11 of this Circular.

Article 11. Extension of deadline for transit of goods

The extension of deadline for goods in transit subject to permits shall be considered by licensing authority and extension of deadline for goods in transit not subject to permits shall be considered by customs authority according to regulations of law.

Article 12. Sale of goods in transit

1. Goods in transit which are mentioned in the List of goods banned from business, banned or suspended from export or import shall be banned from sale in Vietnam.

2. Goods which are not mentioned in the List prescribed in Clause 1 of this Article shall not be permitted to be sold in Vietnam except for force majeure events. The sale of goods prescribed in this Clause must be approved by the Ministry of Industry and Trade in writing.

3. The sale of goods in transit prescribed in Clause 2 of this Article shall be carried out by Vietnamese traders and subject to procedures for import at customs authority according to current regulations on export and import management.

4. Regarding force majeure events prescribed in Clause 2 of this Article, the owner shall send an application for sale of goods in transit to the Department of export and import (the Ministry of Industry and Trade). Address: 54 Hai Ba Trung, Hoan Kiem District, Hanoi, Vietnam. The application includes:

a) An application form for sale of goods in transit: 01 original (using form of Appendix V issued herewith).

b) The good transit permit: 01 copy (countersigned and borne certified true copy stamp of the good owner), regarding transit of goods subject to permits.

c) Proven documents on force majeure events regarding goods in transit applied for sale in Vietnam.

5. Deadline for processing of application for sale of goods in transit is 15 working days, from the day on which the satisfactory application is received.

Article 13. Changes in checkpoints for transit of goods

For the purposes of the Agreement, changes in export and import checkpoints shall be considered by licensing agency regarding transit of goods subject to permits and by customs authority regarding transit of goods not subject to permits.

Article 14. Rights and obligations of good owners and carriers of goods in transit

Each good owner and carrier transporting goods in transit through the territory of the Socialist Republic of Vietnam shall have rights and obligations as prescribed in the Agreement, this Circular and relevant legal documents.

Chapter IV

IMPLEMENTATION

Article 15. Implementation

1. The Department of export and import shall receive and verify applications prescribed in Clause 1, Clause 3 and Clause 4 of Article 3; Clause 2 of Article 4; Clause 4 of Article 12 of this Circular and submit them to Heads of the Ministry of Industry and Trade for consideration and decision.

2. The Office of export and import management in Ho Chi Minh city (Department of export and import – the Ministry of Industry and Trade) shall issue and extend good transit permits as prescribed in Clause 2 of Article 3 and Clause 1 of Article 4 of this Circular.

Article 16. Effect

1. This Circular takes effect from October 20, 2014.

2. This Circular replaces Circular No. 08/2009/TT-BCT dated May 11, 2009 of the Minister of Industry and Trade on transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam./.