Joint Circular No. 01/TTLB-TN-HQ stipulates transit and through-transport regimes for goods from the Lao People's Democratic Republic passing through the territory of Vietnam. The document applies to Lao economic units and enterprises transporting such goods, detailing procedures for issuing permits, managing goods during storage in Vietnam, and penalties for violations.
Scope of application
Economic units of the Lao People's Democratic Republic and enterprises transporting goods through the territory of Vietnam.
Key points
- are Lao economic units and enterprises transporting goods → are granted transit and through-transport permits from the Ministry of Commerce of Vietnam → with specific terms, routes, and border gates (Article 1, Article 2).
- Lao economic units must apply for permits at the permit-issuing organization of the Ministry of Commerce of Vietnam → including documentation containing information about the goods and transportation plans (Article 3).
- Transit and through-transport goods must enter and exit Vietnam via the border gate specified on the permit, transported along the designated route under the supervision of the Vietnamese Customs (Article 1, Article 4).
- In case of storage in Vietnam, the consignor must immediately notify the provincial Customs of the location and time of storage → Warehouses storing transit and through-transport goods must be approved by the Customs (Article 5).
- When the goods arrive at the re-export border gate, the consignor must present documents such as the transit permit, three declarations for temporarily imported goods, and confirmation from the Customs (Article 8).
🌐 Social impact of this document
- Positive impact: Facilitates the flow of goods between Vietnam and Laos, enhancing economic trade cooperation.
- Negative impact: May impose administrative burdens on enterprises transporting goods through the territory of Vietnam.
❓ Frequently asked questions
What must Lao economic units do to obtain transit and through-transport permits?
Lao economic units must apply for permits at the permit-issuing organization of the Ministry of Commerce of Vietnam. Documentation includes: name and address, consignor, goods description, quantity, weight, type of transport vehicle, vehicle owner, transportation plan (Article 3).
Can transit and through-transport goods be stored in Vietnam?
Yes, but the consignor must immediately notify the provincial Customs of the location and time of storage. Warehouses storing transit and through-transport goods must be approved by the Customs (Article 5).
Which violations will be handled according to the Customs Law?
Violations include transit and through-transport goods not conforming to the permit or declaration; temporarily imported goods not re-exported or re-exported incorrectly; goods transported not following the designated route or time (Article 10).
Is there any escort fee?
Yes, the consignor must pay the escort fee as prescribed when requiring Customs escort (Article 6).
Can transit and through-transport goods be consumed in Vietnam?
Not allowed to be sold on the Vietnamese market without permission from both the Vietnamese and Lao Ministries of Commerce (Article 3).
Full text
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MINISTRY OF TRADE - GENERAL DEPARTMENT OF CUSTOMS No.: 01-TTLB/TN-HQ |
SOCIALIST REPUBLIC OF VIETNAM Hanoi, January 31, 1991 |
CIRCULAR
JOINT DECREE NO. 01/TTLB-TN-HQ OF JANUARY 31, 1991 OF THE MINISTRY OF TRADE AND THE GENERAL DEPARTMENT OF CUSTOMS ON REGULATIONS FOR TRANSIT AND USE OF ROUTES FOR GOODS OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC
On December 4, 1990, in Vientiane, the Minister of Trade of the Socialist Republic of Vietnam and the Minister of Trade and Tourism of the Lao People's Democratic Republic signed an agreement on certain basic principles regarding the management of goods exchange and the implementation of trade services between the Socialist Republic of Vietnam and the Lao People's Democratic Republic.
Pursuant to Article II and Article III of the said agreement, the Ministry of Trade and the General Department of Customs hereby prescribe regulations for transit and use of routes for goods of the Lao People's Democratic Republic as follows:
I. GENERAL PROVISIONS
1. Transit goods are export and import goods of economic units of the Lao People's Democratic Republic exported and imported with a third country through the territory of Vietnam.
2. Route-use goods are goods circulating within Laos but due to special reasons cannot travel directly from one region to another in Laos and therefore must pass through the territory of Vietnam.
3. It is strictly prohibited to sell transit and route-use goods on the Vietnamese market without permission from both the Vietnamese and Lao Ministries of Trade.
4. Transit and route-use goods must enter and exit Vietnam according to permits issued by the Vietnamese Ministry of Trade. The Ministry of Trade authorizes the Export-Import Permit Issuing Office in Da Nang to issue permits for Lao transit and route-use goods passing through central provinces from Quang Binh southward; the Export-Import Permit Issuing Office in Hanoi to issue permits for Lao transit and route-use goods passing through northern provinces from Nghe An northward.
5. Transit and route-use goods must enter and exit Vietnam via the border gates specified on the permit, must be transported along the designated route and within the prescribed time period under the supervision and management of the Vietnamese Customs. In case storage at a warehouse in Vietnam is necessary, the consignor must immediately inform the provincial customs office of the warehouse location and storage duration. The warehouse storing transit and route-use goods must be approved by the provincial customs office. Goods entering and leaving the warehouse must be subject to inspection and supervision by the provincial customs office.
II. PROCEDURES FOR TRANSIT AND USE OF ROUTES
1. Economic units of Laos having goods for transit or route use through the territory of Vietnam are responsible for applying for transit and route-use permits from the Export-Import Permit Issuing Office of the Vietnamese Ministry of Trade.
2. Application documents include:
2.1. A request for a transit or route-use permit clearly stating:
- Name and address of the consignor.
- Name of goods, quantity, weight of goods.
- Type of transport vehicle.
- Owner of the transport vehicle.
- Request for transit or route use. If requesting transit, specify whether it involves storage (yes or no).
- Temporary entry port, re-export port requested.
- Transport route.
- Estimated temporary entry period, re-export period.
- Storage location and time (if applicable).
2.2. A proposed plan for transporting transit or route-use goods over a six-month or one-year period approved by the Lao Ministry of Trade.
3. Based on the above documents, the Export-Import Permit Issuing Office issues a transit or route-use permit to the consignor. The permit clearly states:
- Name of the consignor.
- Name and quantity of goods.
- Temporary entry port, re-export port.
- Transport route.
- Temporary entry period, re-export period.
- Whether storage is permitted.
- Type of transport vehicle.
The transit or route-use permit includes two permits for import and export attached together as a set, clearly stating: Transit (or route use). One set is given to the consignor, the other is kept by the Export-Import Permit Issuing Office.
4. The consignor brings the transit or route-use permit and the customs declaration form to the customs office at the temporary entry port to complete the temporary entry procedures. The customs office at the temporary entry port compares the actual goods with the permit and declaration form. If all match, the customs office confirms the actual goods passing through the port on the declaration form, noting:
- The permitted transport route to the re-export port.
- Storage location and time (if applicable).
- Condition of the goods (sealed, chained, or intact).
The customs office returns three copies of the declaration form to the consignor, retains one copy, cancels the temporary entry permit, and returns it to the consignor.
5. If escort is deemed necessary, the customs office at the temporary entry port will arrange for it. The consignor must pay the escort fee as stipulated.
6. The consignor and the owner of the means of transport must comply with the provisions of the permit and those noted on the declaration form by the customs office. In case compliance is not possible for valid reasons, they must immediately report to the provincial customs office to have a record made.
7. If storage in Vietnam is required but not specified in the permit, the consignor must apply to the provincial customs office for approval of the warehouse and implementation of customs sealing supervision.
8. When the goods reach the re-export port, the consignor must present the following documents to the customs office:
- The transit (or route-use) permit including: the canceled import permit (temporary entry) and the export permit (re-export).
- Three copies of the declaration form for temporarily imported goods, confirmed by the customs office at the temporary entry port regarding the actual quantity of goods passing through the port.
- Confirmation from the provincial customs office where the goods were stored (if stored in Vietnam).
- If the provisions of the customs office at the temporary entry port noted on the declaration form or in the permit are not followed, a record confirming the reason must be provided as stipulated in point 6 above.
9. The customs office at the re-export port compares the actual goods with the above documents. If all match, it allows re-export and confirms the actual goods passing through the port, returning one copy of the declaration form to the consignor, transferring one copy to the customs office at the temporary entry port for cancellation, and retaining one copy at the customs office at the re-export port. It cancels the re-export permit and returns it to the consignor. The consignor is responsible for promptly sending back the canceled transit (route-use) permit set to the Export-Import Permit Issuing Office of the Ministry of Trade.
10. If there is customs escort, the customs escort must confirm on the declaration form "Witnessed goods exiting the border."
11. During the transportation and storage within the territory of Vietnam, if goods suffer damage, the carrier or the consignor must immediately report to the nearest Customs authority. In places without a Customs organization, they shall immediately report to agencies or authorities at the commune level or higher (People's Committee, Police) to prepare a record of certification in two copies (one copy retained by the consignor for presentation to the border gate Customs, and one copy confirmed by the agency).
III. VIOLATION HANDLING
The following cases shall be considered violations of Vietnamese law and shall be handled according to the Ordinance on Customs and other current laws.
1. Transit goods or goods using the route not in accordance with the permit or declaration, or without a permit or declaration.
2. Temporary imported goods that are not re-exported or are re-exported incorrectly or insufficiently compared to the temporary importation (except for the case specified in point 11, Part II above).
3. Goods transported along incorrect routes or outside the prescribed time, exported through the wrong border gate (except for the case specified in point 6, Part II above).
4. Goods stored in warehouses without prior permission from Customs, or failing to comply with the sealing regime of Customs warehouses.
5. Failure to comply with the inspection and supervision regime of Customs.
6. Illegally consuming transit or route-using goods in Vietnam. This Circular takes effect from the date of signature.
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Lam Van Do (Signed) |
Ta Ca (Signed) |
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