Circular No. 08/2009/TT-BCT on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam

CIRCULAR

Regulations on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign trade agency activities including purchase, sale, processing, and transit of goods;

Pursuant to the Goods Transit Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia dated November 4, 2008 (hereinafter referred to as the Agreement);

The Ministry of Industry and Trade stipulates procedures for issuing, extending transit permits, and transporting goods of the Kingdom of Cambodia transiting through the territory of the Socialist Republic of Vietnam as follows:

PART I

PROCEDURES FOR ISSUING AND EXTENDING TRANSIT PERMITS FOR GOODS

Article 1. Issuance of Transit Permits for Goods

The procedure for applying for a transit permit for goods shall be carried out as follows:

1. For goods specified in Clause 2, Article 4 of the Agreement, they shall be implemented according to the provisions of the Prime Minister.

2. For goods specified in Clause 3, Article 4 of the Agreement (excluding sawn timber), the consignor submits an application for a transit permit for goods to the Department of Import-Export Management, Ho Chi Minh City - Ministry of Industry and Trade. Address: 35-37 Ben Nghe Wharf Street, District 1, Ho Chi Minh City, Vietnam. The application includes:

a. A request form for permission to transit goods (in accordance with the model prescribed in Appendix 1A issued together with this Circular).

b. A request for permission to transit goods from the Minister of Commerce of the Kingdom of Cambodia (original).

3. For sawn timber, the consignor submits an application for a transit permit for goods to the Department of Import-Export - Ministry of Industry and Trade. Address: 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi, Vietnam. The application includes:

a. A request form for permission to transit sawn timber (in accordance with the model prescribed in Appendix 1B issued together with this Circular).

b. A request for permission to transit goods from the Minister of Commerce of the Kingdom of Cambodia (original).

4. Requests for permission to extend transit permits for goods made by the Minister of Commerce of the Kingdom of Cambodia as stipulated in point b, Clause 2, point b, Clause 3 of Article 1 and point c, Clause 1, point c, Clause 2 of Article 2 of this Circular must be in English or Vietnamese. In case it is in Khmer, the consignor must submit a certified and apostilled Vietnamese translation by the diplomatic representative of Vietnam in the Kingdom of Cambodia or the diplomatic representative of the Kingdom of Cambodia in Vietnam.

5. The time limit for processing applications as stipulated in Clause 2, Clause 3 of this Article is 05 (five) working days, counted from the date of receipt of complete and valid applications.

Article 2. Extension of Transit Permits for Goods

1. Applications for extension of transit permits for goods issued in accordance with Clause 2, Article 1 of this Circular include:

a. A request form for extension of a transit permit for goods (in accordance with the model prescribed in Appendix 3 issued together with this Circular).

b. A copy of the issued transit permit for goods.

c. A request for extension of a transit permit for goods from the Minister of Commerce of the Kingdom of Cambodia (original).

2. Applications for extension of transit permits for goods issued in accordance with Clause 3, Article 1 of this Circular include:

a. A request form for extension of a transit permit for sawn timber (in accordance with the model prescribed in Appendix 4 issued together with this Circular).

b. A copy of the issued transit permit for sawn timber.

c. A request for extension of a transit permit for goods from the Minister of Commerce of the Kingdom of Cambodia (original).

3. Applications for extension of transit permits for goods should be sent back to the issuing authority at the address specified in Clause 2, Clause 3 of Article 1 of this Circular.

4. The time limit for processing requests for extension of transit permits for goods is 05 (five) working days, counted from the date of receipt of complete and valid applications.

Article 3. Delegation to issue and extend transit goods permits

The Minister of Industry and Trade delegates the Ho Chi Minh City Import-Export Management Department to issue and extend transit goods permits as stipulated in Clause 2, Article 1 of this Circular.

Article 4. Transit of Goods Without a Permit from the Ministry of Industry and Trade

For goods not falling under the cases specified in Article 1 of this Circular, when transiting via road, waterway, or railway, the consignor or carrier only needs to complete transit procedures at the customs checkpoint without having to apply for a transit goods permit from the Ministry of Industry and Trade or the Ho Chi Minh City Import-Export Management Department of the Ministry of Industry and Trade.

Article 5. Extension of Transit Time for Goods

The extension of transit time for goods shall be approved by the customs authority where the transit procedures are carried out, in accordance with the provisions of the law.

Chapter II

TRANSPORTATION OF GOODS IN TRANSIT

Article 6. Border Checkpoints for Transit Goods

Transiting goods are permitted to pass through international border gates and connecting routes as follows:

Article 7. Means of Transport for Transit Goods and Escorts

1. Vehicles of Vietnam, Cambodia, or third countries participating in the land and inland waterway transportation of transit goods must comply with the Road Transport Agreement signed on June 1, 1998, and the Inland Waterway Transport Agreement signed on December 13, 1998, between the Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Cambodia, as well as related guiding documents, amendments, supplements, or replacements thereof, and other relevant laws.

2. Entry and exit procedures for means of transport and escorts; storage procedures for transit goods; procedures for transferring cargo and changing means of transport for transit goods shall be carried out in accordance with the Customs Law and guiding documents implementing the Customs Law.

Article 8. Transit Time for Goods

Goods in transit may remain in Vietnam for a maximum period of thirty days from the date of completing customs procedures at the import checkpoint, except in cases where the transit time is extended as provided for in Article 5 of this Circular.

Article 9. Documents for Customs Procedures for Transit Goods

The consignor or carrier must submit and present the required documents to the Customs authority in accordance with the laws on Customs and guiding documents.

Article 10. Supervision of Transit Goods within Vietnam

Transit goods are subject to supervision by the Vietnamese Customs throughout the entire period they remain on Vietnamese territory.

Article 11. Consumption of Transit Goods

1. Goods in transit listed in the prohibited trade, export, temporary suspension of export, import prohibition, or temporary suspension of import lists shall not be consumed in Vietnam.

2. Except for the cases specified in Paragraph 1 of this Article, other types of transit goods may be consumed in Vietnam in cases of force majeure, upon approval in writing by the Minister of Industry and Trade.

3. The consumption of transit goods as specified in Paragraph 2 of this Article must be conducted through Vietnamese traders and completed through import procedures at the customs authority according to current regulations governing import and export management.

4. In cases of force majeure as specified in Paragraph 2 of this Article, the consignor submits a request for permission to consume transit goods to the Department of Import-Export, Ministry of Industry and Trade. The application includes:

a. A request form for permission to consume transit goods (as prescribed in Appendix 5 issued together with this Circular).

b. A copy of the transit goods permit already issued, if the goods are under a permit from the Ministry of Industry and Trade.

c. Documentation proving the case of force majeure for the transit goods seeking to be consumed in Vietnam.

5. The processing time for applications for permission to consume transit goods is five working days from the date of receipt of a complete and valid application.

Article 12. Changing Border Gates for Transit

The change of export and import border gates within the scope defined in the Agreement shall be examined and resolved by the licensing authority for transit goods with permits, and by the Customs authority for transit goods without permits.

Article 13. Rights and Obligations of the Goods Owner and Carrier of Transit Goods

The goods owner and carrier conducting transit activities through the territory of the Socialist Republic of Vietnam shall have rights and obligations as prescribed in the Agreement on Transit Goods between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia dated November 4, 2008, this Circular, and other relevant legal documents.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect 45 days from the date of signature.

2. This Circular replaces Decision No. 1732/2000/QĐ-BTM dated December 13, 2000 issued by the Minister of Trade on the Regulations on Cambodian Goods Transiting the Territory of the Socialist Republic of Vietnam./.