Decision No. 0938/2000/QD-BTM Issuing the Regulations on Goods of the Lao People's Democratic Republic Transiting the Territory of the Socialist Republic of Vietnam

DECISION OF THE MINISTER OF TRADE

Issuing the Regulation on Goods of the Lao People's Democratic Republic for Transit through the Territory of the Socialist Republic of Vietnam

Crossing through the territory of the Socialist Republic of Vietnam

_____________________

THE MINISTER OF TRADE

Pursuant to the Agreement on Transit Goods between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic dated April 23, 1994, and the Agreement dated January 18, 2000, between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic amending and supplementing certain provisions of the Agreement on Transit Goods signed on April 23, 1994;

Pursuant to Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade and export, import, processing, and agency sales of goods with foreign countries;

After consulting the opinions of the Ministry of Finance, the Ministry of Transport, and the General Department of Customs,

DECISION:

Article 1. This Decision promulgates the Regulation on Goods of the Lao People's Democratic Republic for Transit through the Territory of the Socialist Republic of Vietnam.

This Regulation replaces the Regulation on Goods of the Lao People's Democratic Republic for Transit through the Territory of Vietnam issued together with Decision No. 1163/TM-XNK dated September 20, 1994 and Decision No. 690/TM-XNK dated August 9, 1996 of the Minister of Trade.

Article 2. This Decision shall take effect fifteen days from the date of signature.

THE MINISTER

REGULATIONS

ON GOODS OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC FOR TRANSIT THROUGH

THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM

(Issued together with Decision No. 0938/2000/QĐ-BTM
dated June 30, 2000 of the Minister of Trade)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. The goods referred to in this Regulation are goods of the consignor for transit from Laos passing through the territory of Vietnam to a third country or from a third country back to Laos or transported from one locality to another within Laos via the territory of Vietnam.

2. The transit of goods prohibited from export or import shall be regulated as follows:

a) Prohibited from transit are goods strictly forbidden by law and international customs, including: antiques; narcotics; toxic chemicals; radioactive substances; obscene cultural products that undermine the political stability of both countries; rare plants and animals.

b) Permission in writing from the Minister of Trade of Vietnam based on a written request from the Minister of Commerce and Tourism of Laos is required when transiting weapons, ammunition, explosives, and military equipment through the territory of Vietnam for the purpose of national defense and security of Laos.

c) For the transit of round timber and sawn timber, at the beginning of each year, the Ministry of Commerce and Tourism of Laos shall notify the annual transit plan, specifying quantity, type, border gate, and route. Based on the transit application confirmed by the Ministry of Commerce and Tourism of Laos or an authorized agency, the Ministry of Trade of Vietnam shall issue a One-Time Transit Permit and allow multiple transits until the end of the period specified in the Permit.

d) Transit of goods listed in the prohibited export and import list (except those mentioned in points a, b, and c above) requires permission from the Ministry of Trade of Vietnam (Management Office of Import and Export in Hanoi or Danang) based on a transit application confirmed by the Ministry of Commerce and Tourism of Laos or an authorized agency.

3. Goods not prohibited from export or import by Vietnam (hereinafter referred to as general transit goods) are permitted to complete transit procedures directly at the Vietnamese border customs office.

4. Transit goods are subject to supervision by Vietnamese customs throughout their movement within the Vietnamese territory; they must enter and exit Vietnam through the designated border gates and routes; the quantity of goods exported must match the quantity imported, intact and undamaged.

5. Transit goods may remain on the Vietnamese territory for a maximum of 30 days from the date of completing customs formalities at the entry border gate. This period may be extended by the Ministry of Trade (if the goods are under a permit) or the provincial or city customs office supervising the transit goods (if the goods are general transit goods). Each extension shall not exceed 30 days, and the total number of extensions for one lot of transit goods shall not exceed three times.

6. The consignor for transit must pay customs duties and other fees applicable to transit goods according to current regulations of the Vietnamese State.

7. Transit goods may not be consumed on Vietnamese territory; special cases require permission from the Minister of Trade of Vietnam.

8. Procedures for the entry and exit of transport vehicles and escorts; procedures for warehousing and storage of transit goods; procedures for transferring cargo and changing transport vehicles for transit goods shall be carried out in accordance with the guidance of Vietnamese customs.

II. BORDER GATES FOR TRANSIT GOODS

The transit of goods across the Vietnam-Laos border shall be conducted through the following levels of border gates:

III. REGULATIONS ON PERMITS AND TRANSPORTATION OF TRANSIT GOODS

1. For goods under a permit as stipulated in point 2, part I of this regulation, the consignor for transit from Laos shall submit a transit application to the Ministry of Trade of Vietnam (the application shall be made according to form 01 attached to this regulation).

The extension of the Transit Permit shall be based on the application submitted by the consignor for transit from Laos to the Ministry of Trade of Vietnam before the expiration of the transit period.

2. For general transit goods, the extension of the transit period shall be based on a written request from the consignor for transit from Laos sent to the provincial or city customs office supervising the lot of goods before the deadline for exporting the goods out of Vietnam.

3. The consignor for transit from Laos is permitted to transport and handle transit procedures themselves or to hire a Vietnamese enterprise to do so.

4. The consignor for transit from Laos must present to the Vietnamese border customs office the following documents:

a) Relevant goods documents as prescribed by the General Department of Customs.

b) The Transit Permit issued by the Ministry of Trade (for goods under a permit).

c) Temporary circulation permit issued by the Public Security Department of the province or centrally governed city where the entry border gate for transit goods is located (if applicable):

d) Written authorization from the Director of the provincial or city customs office allowing storage beyond 30 days, changing transport vehicles, or altering packaging (if applicable); written extension of the Transit Permit (if applicable).

e) In the case where the consignor transiting through Laos hires a Vietnamese enterprise to provide transportation services for goods transiting through Vietnam, the Vietnamese enterprise, in addition to the documents specified in points a, b, c, and d above, must also present to the Customs authority the transit cargo transportation contract signed with the consignor transiting through Laos or the agent appointed by the consignor transiting through Laos.

5. The means of transport of Vietnam and Laos participating in the road transportation of goods transiting through Vietnam shall comply with the Road Transport Agreement, the Protocol Implementing the Road Transport Agreement between the Government of Vietnam and the Government of Laos, and other relevant regulations of Vietnam.

IV. OTHER PROVISIONS

1. Any change in the route of transportation or border gate for the import and export of goods transiting through Vietnam shall be considered and resolved by the Ministry of Trade (if the goods require a permit) or by the Customs Office of the province or city currently supervising the shipment (if the goods are regular transit goods), based on the written request of the consignor transiting through Laos.

2. During the storage process within the territory of Vietnam, if there is an incident involving the goods transiting through Vietnam (such as breakage, loss, damage...), the consignor transiting through Laos (or the transportation enterprise) must promptly notify the Customs authority (or the local government authority at the commune level or higher nearest to the location of the incident if there is no Customs authority present) to establish a record confirming the condition of the goods. The record confirming the incident serves as the basis for the exporting Customs office to process the export procedures for the shipment.

3. Disputes arising between Vietnamese enterprises and the consignor transiting through Laos during the implementation of the transit cargo transportation contract shall be resolved through negotiation by the parties involved. If negotiations fail to reach a resolution, the dispute shall be settled by the Vietnam International Arbitration Centre attached to the Vietnam Chamber of Commerce and Industry.

4. The payment of fees and costs arising from the transit activities shall be carried out in accordance with the provisions of the Agreement on Payment for Export and Import of Goods and Services for each period between the Socialist Republic of Vietnam and the Lao People's Democratic Republic.

5. Organizations and individuals violating the provisions of this Regulation shall be subject to handling under the current laws of Vietnam./.