Decision No. 01162/TM-XNK on goods of the Kingdom of Cambodia transiting through the territory of Vietnam

Pursuant to …;

Regarding goods of the Kingdom of Cambodia transiting through the territory of Vietnam

THE MINISTER OF TRADE

Pursuant to the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on the Transit of Goods signed on April 3, 1994;

On the basis of Clause 3, Article 26, Chapter V, Decree No. 33/CP dated April 19, 1994 of the Government on state management over export and import activities;

After reaching consensus with the General Department of Customs under the Ministry of Finance, the Ministry of Transport,

 

Pursuant to …;

Article 1. This Decision promulgates the Regulations on goods of the Kingdom of Cambodia transiting through the territory of Vietnam.

Article 2. The functional Departments of the Ministry of Trade shall be responsible for disseminating and guiding enterprises to implement these Regulations.

Article 3. This Decision takes effect from the date of signature.

 

REGULATIONS

REGULATIONS ON GOODS OF THE KINGDOM OF CAMBODIA TRANSITING THROUGH THE TERRITORY OF VIETNAM

(Issued together with Decision No. 01162/TM-XNK dated September 20
1994 of the Minister of Trade)

PART I

GENERAL PROVISIONS

1. Goods of the Kingdom of Cambodia may transit through the Socialist Republic of Vietnam, transported by the Cambodian enterprise (hereinafter referred to as the Cambodian enterprise) itself or hired by the Cambodian enterprise to be transported by a Vietnamese enterprise (hereinafter referred to as the transport enterprise) for export to a third country or import from a third country or to be moved from one region to another within Cambodia.

2. The transit of goods must comply with the following requirements:

2.1. Be granted a "Permit for the Transport of Transiting Goods" by the Ministry of Trade of Vietnam based on the application for transit of goods submitted by the Cambodian enterprise.

The Ministry of Trade of Vietnam authorizes the Export-Import Permit Office of the Ministry of Trade in Ho Chi Minh City (hereinafter referred to as the Permit Office) to issue a "Permit for the Transport of Transiting Goods" (Form No. 07) within seven days from the date of receipt of the application for transit of goods from the Cambodian enterprise.

Goods prohibited from export or import by Vietnam shall not be allowed to transit, except in special cases permitted by a written document from the Prime Minister of Vietnam.

2.2. Comply with the following provisions:

They must be transported strictly according to the time, border gate, and route specified in the "Permit for the Transport of Transiting Goods" and be subject to supervision by the Vietnamese Customs.

In case goods need to be stored in warehouses during transit, such storage must be approved by the Vietnamese Customs and be subject to their supervision.

The quantity of goods exported must match the quantity imported in original packaging.

The maximum duration for the transit of goods on Vietnamese territory is thirty days, starting from the date of completion of customs procedures at the entry border gate, except in cases where goods are stored in warehouses or due to unforeseen circumstances.

3. It is forbidden to consume goods in transit on Vietnamese territory.

4. The transit of vehicles and escorts, as well as the transfer of goods, must comply with current regulations of Vietnam. For areas where there are joint agreements between the two governments, those agreements must be followed.

5. Goods of Cambodia transiting Vietnam via waterways and roads are permitted to pass through border gates that have been agreed upon and actually opened by both the Vietnamese and Cambodian Governments, initially including:

Moc Bai - Bavet

Vinh Xuong - Kaorm-samnar.

6. The transportation of goods in transit and related procedures shall be handled in accordance with current regulations of Vietnam.

7. Any fees and costs arising from the activities of transit under these Regulations shall be paid in freely convertible foreign currency in accordance with the State Bank of Vietnam's regulations on foreign exchange management.

8. Disputes between enterprises during the implementation of contracts shall be resolved through negotiation by the enterprises themselves. If no agreement is reached, the dispute shall be settled by the International Arbitration Center attached to the Vietnam Chamber of Commerce and Industry.

9. The Ministry of Trade shall determine the number of Vietnamese enterprises eligible to transport goods in transit to meet the needs of Cambodian enterprises.

 

PART TWO

SPECIFIC PROVISIONS

I. PROVISIONS FOR CAMBODIAN ENTERPRISES:

Cambodian enterprises wishing to transit goods must:

1. Submit an application for transit of goods to the Ministry of Trade of Vietnam (Permit Office). This application must be confirmed by the Cambodian Ministry of Trade (or an authorized agency of the Cambodian Ministry of Trade) requesting permission for the transit of goods from the Ministry of Trade of Vietnam (Form No. 01).

2. A Cambodian enterprise may only bring goods to a Vietnamese border gate and complete customs procedures for the transit of goods after receiving the "Permit for the Transport of Transiting Goods."

3. When exporting goods to a third country or importing goods from a third country through Vietnam via land routes and border gates on the land border between Vietnam and the third country, the Cambodian enterprise must hire a Vietnamese enterprise to transport the goods.

4. When hiring a Vietnamese enterprise to transport goods in transit, the Cambodian enterprise must sign a "Contract for the Transport of Transiting Goods" (Form No. 03) with the Vietnamese enterprise authorized by the Ministry of Trade of Vietnam to transport goods in transit.

5. Deliver and receive goods at international border gates of Vietnam and/or at the border gates specified in Point 5/Part One.

II. PROVISIONS FOR VIETNAMESE ENTERPRISES:

Enterprises eligible to be considered for permission to transport goods in transit for Cambodian enterprises are:

1. Vietnamese enterprises that have been issued an export-import business license by the Ministry of Trade for two consecutive years (1992, 1993), without any violations in export-import operations, and meeting one of the three criteria below:

1.1. Possessing functions for international trade transportation (stated in the establishment decision signed before July 1, 1993). Or,

1.2. Designated by the People's Committee of the province having the border gate specified in Point 5/Part One, the People's Committee of Ho Chi Minh City, and the People's Committee of Ba Ria-Vung Tau Province to transport goods in transit (each of the aforementioned provinces and city designates one enterprise). Or,

1.3. Having previously transported goods in transit for Cambodian enterprises, with a value of goods in transit of five million US dollars or more over the last two years, and/or having exported goods to Cambodia under permits issued by the Permit Office, with a value of one million US dollars or more over the two years 1992 and 1993.

2. Enterprises established specifically to transport goods in transit for Cambodia pursuant to a decision by the competent authority.

Enterprises mentioned in Point 1/II and Point 2/II (second part) must submit to the Ministry of Trade the application file for transporting goods in transit, including:

1. Application form for transporting goods in transit for Cambodian enterprises (according to Form No. 04).

2. Business license for export and import (photocopy with notarization). For the subject mentioned in Point 2/II (second part), this type of document is exempted.

3. Decision on establishment dated before July 1, 1993 (if belonging to the subjects mentioned in Point 1.1/II or Point 2/II above).

4. Document from the People's Committee of the province or city designating the enterprise within its territory and requesting the Ministry of Trade to approve the enterprise to transport goods in transit (if belonging to the subject mentioned in Point 1.2/II above).

5. Report on the process of transporting goods in transit for Cambodian enterprises and the process of exporting goods to Cambodia (according to Form No. 05, if belonging to the subject mentioned in Point 1.3/II above).

Within seven days from receiving a valid application file, the Ministry of Trade will issue a reply document (according to Form No. 06).

 

PART THREE

PROCEDURES FOR TRANSPORTING GOODS IN TRANSIT

I- ENTERPRISES TRANSPORTING GOODS IN TRANSIT MUST SUBMIT THE FOLLOWING DOCUMENTS TO THE CUSTOMS AUTHORITY AT THE PORT OF ENTRY:

1. Permit for transporting goods in transit (original).

2. Bill of lading (copy).

3. Packing list (copy).

4. If the goods in transit are self-propelled vehicles (right-hand drive), an additional temporary driving permit issued by the provincial or centrally governed municipal police authority (where the port of entry is located) must be provided (photocopy with notarization).

5. If the goods in transit are prohibited from export or import by Vietnam, an additional permit from the Prime Minister of Vietnam must be added.

6. If the goods in transit are stored in warehouses or bonded areas, an additional document signed by the Director of the Customs Supervision and Management Department (under the General Administration of Customs) or the Director of the Provincial or Centrally Governed Municipal Customs Department confirming permission to store in warehouses or bonded areas must be provided (original).

Based on these documents, customs officers will process the procedures for the enterprise to transport goods out of Vietnam's territory according to the regulations of the General Administration of Customs.

The enterprise transporting goods must pay the customs fees as stipulated in Circular Joint Ministry: Finance - Customs No. 31/TTLB dated April 7, 1993.

 

II- ENTERPRISES TRANSPORTING GOODS IN TRANSIT NEED THE FOLLOWING DOCUMENTS TO PRESENT TO INSPECTION AND CONTROL AUTHORITIES DURING THE TRANSPORTATION PROCESS:

1. Permit for transporting goods in transit (original).

2. Customs declaration (original).

3. Packing list (copy with notarization).

4. If the goods in transit are self-propelled vehicles, an additional temporary driving permit as mentioned at Point I.4 must be provided (photocopy with notarization).

5. If the goods in transit are prohibited from export or import by Vietnam, an additional permit from the Prime Minister of Vietnam must be added.

6. If the goods in transit are stored in warehouses or bonded areas, an additional document signed by the competent customs authority confirming permission to store in warehouses as mentioned at Point I.6 must be provided (photocopy with notarization).

 

PART FOUR

OTHER PROVISIONS

I- In case it is necessary to return goods to a third country due to objective reasons, the Cambodian enterprise must handle all procedures as if the goods were being transported in transit from Cambodia to a third country for export.

II- In case there is damage or loss of goods during transportation, the enterprise transporting goods in transit must jointly with the customs escort officer request the customs authority (or local government authority from commune level upwards where the incident occurred) to establish a record confirming the condition of the goods.

For vehicles, after completing the record, if they can still operate independently, they may continue to do so; if not, they must be transferred to another means of transportation to reach the exit port.

III- Any organization or individual violating the provisions of this Regulation will be dealt with according to current Vietnamese laws.

IV- This Regulation replaces Circular Joint Ministry: Ministry of Commerce - General Administration of Customs No. 11/TTLB/TN-HQ dated November 13, 1990 "Regarding Regulations on Transit and Borrowing Routes for Goods of the Cambodian State" and takes effect from October 1, 1994.

 

FORM NO. 01:

APPLICATION

...day...the...year...

APPLICATION FOR GOODS IN TRANSIT

No.../

To: Ministry of Trade
Socialist Republic of Vietnam

I- Shipper... (Cambodian enterprise clearly stating name, address, telephone, Telex, FAX, bank account number).

Request the Ministry of Trade (Permit Office) to allow goods in transit according to the following conditions:

1- Name of goods:...

2- Quantity (specify unit of measurement):...

3- Value:...

4- Packaging and marking:...

5- Port of entry:...

6- Port of exit:...

7- Route:...

8- Mode of transport:...

9- Type of mode of transport:...

10- Time of transit (estimated date of arrival of goods in transit, estimated date of departure from Vietnamese border).

In case of force majeure, if the goods arrive at the entry port not as scheduled, the enterprise will send a document to the Ministry of Trade explaining the reason and proposing a new estimated time, this document is an integral part of the application for transit permit.

II- Has entered into a contract for transporting goods in transit with...

(Vietnamese enterprise fully stated as in Part I)

III- Commitment:... (name of shipper) hereby commits to comply with Vietnamese laws regarding goods in transit... (name of shipper) respectfully thanks the Ministry of Trade.

Signature and stamp

(clearly state position of signatory)

Cambodian Ministry of Commerce

(or agency authorized by the

Cambodian Ministry of Commerce)

Confirm that Part I of this application is true, and requests the Ministry of Trade of Vietnam to grant a permit for goods in transit to

the enterprise...

(Name of Cambodian enterprise)

If the application is written in English, Khmer,... it must be accompanied by a Vietnamese translation. The translation has the same legal effect as the original.

FORM NO. 03:

CONTRACT FOR TRANSPORTING GOODS IN TRANSIT

Note: No.../QC

 

Today, the...day of...month...year... at..., consisting of:

CONTRACT

Party A (Cambodian enterprise): (fully stated, international name, telegraphic address)

Address: (stated according to postal address)...

Tel...Telex...

Fax...

Foreign currency account number:...

at Bank (stated with both name and address).

By Mr./Ms.: (if not the director, must have a power of attorney from the director, and add the phrase "according to power of attorney No...dated...").

Party B: (Vietnamese enterprise): (fully stated, international name, telegraphic address).

Address (stated according to postal address)...

FAX...

at Bank (stated with both name and address)

By Mr./Ms.: (if not the director, must have a power of attorney from the director, and add the phrase "according to power of attorney No...dated...").

at Bank (stated with both name and address).

FAX…

Party B: (Vietnamese enterprise): (fully stated, international name, telegraphic address).

at the Bank (including both name and address)

By Mr./Ms.: (if not the General Director, then a power of attorney from the General Director must be provided, and the phrase "in accordance with power of attorney number... dated..." must be added).

The parties have agreed to enter into a contract for the transportation of goods in transit under the following terms:

Article 1: Goods

Party A authorizes Party B to receive imported goods from...(third country) at the border gate...(Vietnam) and hires Party B to transport these goods from the border gate...through Vietnam's territory to the border gate...The goods include the following types:

Article 2: Import border gate:...

Border gate where Party B delivers goods to Party A:...

Article 3: Transport route:...

Article 4: Means of transport:...

Article 5: Responsibilities of each party:

1- Responsibilities of Party A:

1.1- Purchase the goods and deliver them to the border gate ...(Vietnam). Packaging must be suitable for the nature of the goods and appropriate for road and rail transport within Vietnam.

1.2- Provide Party B with full information about the goods, including the time of arrival at the Vietnamese border gate and the means of transport.

1.3- Send to Party B the following documents for Party B to handle procedures related to receiving goods at the import border gate, transporting the goods, and delivering goods at the export border gate.

Foreign trade purchase contract signed with the third-country customer or letter of credit (L/C).

Bill of lading (copy).

Commercial invoice issued by the third-country selling enterprise demanding payment from Party A (copy).

Packing list (original).

1.4- Pay Party B (on a cost-reimbursement basis or lump sum) all expenses related to unloading, inspection, appraisal (quantity and quality), warehousing, repair of goods and packaging, recycling, re-packaging of damaged goods, claims for compensation, and transportation from...(import border gate) to...(export border gate).

1.5- Pay Party B the transportation fee for goods in transit (either on an absolute amount basis or as a percentage of the value of the consignment).

2- Responsibilities of Party B:

2.1- Handle all necessary procedures in accordance with Vietnamese law to receive goods at...(import border gate) and transport them through Vietnam's territory to deliver to Party A at...(export border gate), including the matters mentioned in Point 1.4 of Article 5.

2.2- Ensure the safety of the goods from the time they arrive at...(import border gate) until delivery at...(export border gate).

2.3- Take all necessary actions to minimize losses of goods and provide Party A with relevant documents for claims and compensation (if any).

Article 6: Payment terms

When the goods arrive at...(import border gate), Party A must prepay Party B...% of the costs mentioned in Point 1.4 of Article 5, and prepay...% of the transportation fees mentioned in Point 1.5 of Article 5 to Party B.

The remaining amount will be paid before loading the goods onto Party A's means of transport at...(export border gate).

Type of currency for payment:...

Method of payment:...(as directed by the State Bank of Vietnam).

Article 7: Settlement of disputes:

Any disputes shall be resolved through negotiation and mediation between Party A and Party B. In case the two parties cannot resolve the dispute themselves, it shall be referred to the International Chamber of Commerce Arbitration Center attached to the Vietnam Chamber of Commerce and Industry for adjudication.

Article 8: Article 1: General Provisions:

The two parties commit to strictly implement the clauses recorded in this Contract on the basis of equality and mutual benefit. Any occurrences during the implementation process will be resolved through supplementary documents, which are integral parts of the main contract.

This Contract is established in four copies, two in Lao language and two in Vietnamese language. All four copies have equal legal validity.

Representative of Party B Representative of Party A

Note: Based on this model, enterprises may add or remove certain non-fundamental points depending on actual circumstances.

 

MODEL NO. 04:

APPLICATION

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

 

...day...month...year...

APPLICATION FOR TRANSPORTING GOODS THROUGH VIETNAM

Number.../...

To: Ministry of Trade

Pursuant to the regulations stipulated in the Regulation issued together with Decision No. 01163/TM-XNK dated September 20, 1994 (referred to as Regulation No. 1163/TM-XNK of the Ministry of Trade, ...) (enterprises must clearly state their name, address, telephone, telex, fax, bank account number).

Upon self-assessment, it is found that all conditions have been met or only certain conditions have been met.

We request the Ministry of Trade to permit ...(name of enterprise) to transport goods through Vietnam for Cambodian enterprises.

Attached to this application are the relevant documents ...(state the correct names of the documents according to the regulation).

...(name of enterprise) hereby commits to comply with all provisions of Regulation No. 1163/TM-XNK of the Ministry of Trade and the laws of the State regarding the transportation of goods through Vietnam and the import and export of goods.

...(name of enterprise) respectfully thanks the Ministry of Trade.

Signature and stamp

(State the position of the signatory)

 

MODEL NO. 05:

REPORT ON RELATIONSHIP WITH CAMBODIAN ENTERPRISES

 

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

...day...month...year 199...

REPORT ON RELATIONSHIP WITH CAMBODIAN ENTERPRISES
...

No.../...

To: Ministry of Trade

...(name of enterprise) hereby reports on the process of transporting goods through Vietnam for Cambodian enterprises, the execution of foreign trade purchase contracts up to ...day...month...year... as follows:

A/ Process of transporting goods through Vietnam for Cambodian enterprises:

1- Year ...(report on the two most recent years)

2- Name of Cambodian enterprise (with goods value exceeding US$1 million)

3- Goods name, quantity, value

4- Entry customs checkpoint, exit customs checkpoint

5- Means of transportation

6- Transportation contract executed from day, month, year to day, month, year.

B/ Process of exporting goods to Cambodia:

1- Year ...(report on the two most recent years, including 1993)

2- Name of Cambodian enterprise (with goods value exceeding US$200,000)

3- Goods name, quantity, value.

4- Delivery terms.

5- Means of transportation.

6- Export contract executed from day, month, year to day, month, year.

C/ Self-assessment of the situation and commitment to not having committed any violations.

Signature and stamp

(clearly state position of signatory)

Note: Enterprises can report both sections A and B if they have implemented both..

 

MODEL NO. 06:

DOCUMENT OF THE MINISTRY OF TRADE PERMITTING VIETNAMESE ENTERPRISES TO TRANSPORT GOODS THROUGH VIETNAM

MINISTRY OF TRADE

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

 

Number /TM-XNK ...day...month...year...

Regarding the transportation of goods through Vietnam.

To ...(Vietnamese enterprise applying for permission to transport goods through Vietnam)
Pursuant to the Regulation "Regarding goods of the Kingdom of Cambodia transported through the territory of Vietnam" issued together with Decision No. 01163/TM-XNK dated September 20, 1994 (referred to as Regulation No. 1163/TM-XNK of the Ministry of Trade);

Pursuant to the opinion of ...(stated in letter No....dated...month...year 19...) regarding...

Considering the application for transporting goods through Vietnam No...dated...month...year 199...of...(name of enterprise)

The Ministry of Trade permits...(name of enterprise) to transport goods through Vietnam in accordance with the documents of the Ministry of Trade permitting Cambodian enterprises to transport goods through Vietnam.

...(name of enterprise) must comply with all provisions of Regulation No. 1163/TM-XNK of the Ministry of Trade and the laws of the State regarding the transportation of goods through Vietnam and the import and export of goods.

This document is valid until...month...year 199..

MODEL NO. 07:

Minister of Trade

(Signature and Seal)

LICENSE FOR TRANSPORTING GOODS THROUGH VIETNAM

No.../QC issued on.../.../199... Valid until.../.../199.

(name, address)

Entry checkpoint...Route...

Exit checkpoint...Transportation fee...

Export and Import Permit Office

Note: