Circular No. 11/2015/TT-BCT on the transit of goods from the People's Republic of China through the territory of the Socialist Republic of Vietnam

CIRCULAR

Regulations on the transit of goods of the CSocialist Republic of N |||People's Republic TChina Hthrough the territory of the CSocialist Republic of xSocialist Republic Vstrict N |||at s

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

Pursuant to the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China on the Transit of Goods dated April 9, 1994;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign-related agency purchase, sale, processing, and transit of goods;

At the proposal of the Director of the Department of Import-Export;

The Minister of Industry and Trade issues this Circular prescribing regulations on the transit of goods of the People's Republic of China through the territory of the Socialist Republic of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes procedures for issuing transit permits and transporting goods in accordance with the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China on the Transit of Goods dated April 9, 1994 (hereinafter referred to as the Agreement).

Article 2. Applicability

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

Article 3. Goods for Transit

1. Goods prohibited from export, temporarily suspended from export, prohibited from import, or temporarily suspended from import shall not be permitted to transit through the territory of Vietnam.

Chapter II

PROCEDURES FOR ISSUING TRANSIT PERMITS FOR GOODS

Article 4. Documents for Application for Issuance of Transit Permit for Goods

The documents for application for issuance of transit permit for goods specified in Clause 2 of Article 3 of this Circular are as follows:

1. Application form for issuance of transit permit for goods: 01 (one) original copy (in accordance with the model prescribed in Appendix I attached hereto).

2. Contract for transportation of transiting goods: 01 (one) copy (signed and stamped as true copy by the consignor).

1. For goods specified in Clause 2 of Article 3 of this Circular (excluding industrial explosives), the consignor shall send 01 (one) set of application documents for issuance of transit permit for goods via postal service to one of the following authorities receiving and processing applications:

a) Export-Import Management Department for Ho Chi Minh City Area, Department of Export-Import, Ministry of Industry and Trade. Address: 12 Vo Van Kiet Street, District 1, Ho Chi Minh City, Vietnam;

b) Export-Import Management Department for Da Nang Area, Department of Export-Import, Ministry of Industry and Trade. Address: 132 Nguyen Chi Thanh Street, Hai Chau District, Da Nang City, Vietnam;

c) Export-Import Management Department for Hanoi Area, Department of Export-Import, Ministry of Industry and Trade. Address: 25 Ngo Quyen Street, Hoan Kiem District, Hanoi City, Vietnam.

2. In case the transiting goods are industrial explosives, the consignor shall send 01 (one) set of application documents for issuance of transit permit for goods via postal service to the Ministry of Industry and Trade (Department of Export-Import). Address: 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City, Vietnam.

Article 6. Procedures and Time Limits for Processing Applications

1. For the procedure of issuing transit permits for goods specified in Clause 2 of Article 3 of this Circular (excluding industrial explosives), the procedures and time limits for processing applications are as follows:

a) The time limit for processing applications and issuing transit permits is within 07 working days from the date of receipt of complete and valid documents;

b) In case the application documents are incomplete or invalid, within 03 working days from the date of receipt of the documents, the issuing authority shall send a written notice to the consignor requesting supplementation or correction;

c) In case a transit permit is not issued, the issuing authority shall send a written response to the consignor stating the reasons.

a) Within 07 working days from the date of receipt of complete and valid application documents from the consignor, the Ministry of Industry and Trade shall submit to the Prime Minister for consideration and decision;

b) Within 07 working days from the date of receipt of the approval document from the Prime Minister, the Ministry of Industry and Trade shall issue the transit permit for goods;

c) In case a transit permit is not issued, the Ministry of Industry and Trade shall send a written response to the consignor stating the reasons.

Chapter III

TRANSPORTATION OF GOODS IN TRANSIT

Article 7. Border gates for transiting goods

1. Transiting goods shall be carried out through the following pairs of border gates:

2. In addition to the border gates specified in Clause 1 of this Article, transiting goods may also be carried out through international border gates opened according to agreements between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

Article 8. Transit routes

The transportation route for transiting goods shall be implemented in accordance with the provisions of Circular No. 15/2014/TT-BGTVT dated May 13, 2014, issued by the Ministry of Transport, guiding the transit route for goods through the territory of Vietnam.

Article 9. Carrier and means of transport

1. The transportation of transiting goods by the consignor shall be carried out by a Vietnamese carrier in accordance with the law.

2. In cases where transiting goods are self-propelled means of transport, such means of transport must have a temporary registration number issued by the Public Security Department of the province or centrally administered city where the goods enter Vietnam, and must have a certificate of technical safety inspection and environmental protection issued by the transport sector before being allowed to transit through the territory of Vietnam. Notwithstanding the above, passenger vehicles with up to nine seats are not permitted to transit through the territory of Vietnam under their own power.

The consignor or carrier must submit and present to the Customs Authority the Transit Permit issued by the Ministry of Industry and Trade in accordance with this Circular, the Contract for Transportation of Transiting Goods, and other documents required by the law on customs.

Article 11. Supervision of transiting goods through the territory of Vietnam

1. Transiting goods are subject to supervision by the Customs Authority throughout the entire period of circulation within the territory of Vietnam; entering and exiting Vietnam through designated border gates and routes; the quantity of goods exported must match the quantity imported, intact and in original packages.

2. Procedures for warehousing, storage, splitting consignments of transiting goods; procedures for transferring goods from one means of transport to another during transit shall be carried out in accordance with the law on customs.

3. During transportation and storage within the territory of Vietnam, if there are incidents, losses (such as breakage, damage, loss, etc.) involving transiting goods, the consignor or carrier must promptly notify the Customs Authority at the location where the incident occurred to record the condition of the goods and handle it in accordance with the law. In cases where immediate notification to the Customs Authority is not possible, the consignor or carrier may notify the local public security agency, border guard unit, or maritime police for confirmation.

Article 12. Duration of transit of goods

Transiting goods are permitted to remain in the territory of Vietnam for a maximum period of thirty days from the date of completion of customs procedures at the entry border gate, except in cases where the duration of transit is extended in accordance with Article 13 of this Circular.

Article 13. Extension of the duration of transit of goods

1. The extension of the duration of transit of goods shall be considered and resolved by the authority issuing the transit permit. Each extension shall not exceed thirty days, and the total number of extensions shall not exceed three times.

2. The documents for requesting an extension of the duration of transit of goods include:

a) A request for extension of the duration of transit of goods from the consignor: one original copy;

b) The previously issued transit permit for goods: one copy (with confirmation signature and stamp of the original copy by the consignor);

c) A confirmation document from the Customs Authority regarding the status of the transiting consignment: one original copy;

d) The customs declaration form for the transiting consignment: one copy (with confirmation signature and stamp of the original copy by the consignor).

3. The procedure for handling the application for extension of the duration of transit of goods is as follows:

a) The consignor sends one set of documents as stipulated in Clause 2 of this Article via postal service to the competent authority responsible for extending the duration of transit of goods as specified in Clause 1 of this Article;

b) The time limit for processing the application for extension of the duration of transit of goods is seven working days from the date of receipt of complete and valid documents;

c) If the documents are incomplete or invalid, within three working days from the date of receipt of the documents, the competent authority as specified in Clause 1 of this Article will send a letter to the consignor requesting additional or corrected information;

d) In cases where the extension of the duration of transit of goods is not approved, the competent authority as specified in Clause 1 of this Article will send a reply letter to the consignor stating the reasons.

Article 14. Changing the Transit Border Gate for Goods

1. The change of export and import border gates within the scope defined in Article 7 of this Circular shall be examined and resolved by the authority issuing the transit permit.

2. The application dossier for changing the transit border gate for goods includes:

a) A request from the consignor to change the transit border gate for goods: 01 (one) original copy;

b) The previously issued transit permit for goods: one copy (with confirmation signature and stamp of the original copy by the consignor);

c) A confirmation document from the Customs Authority regarding the status of the transiting consignment: one original copy;

d) The customs declaration form for the transiting consignment: one copy (with confirmation signature and stamp of the original copy by the consignor).

3. The procedures and sequence for handling the application dossier for changing the transit border gate for goods are as follows:

a) The consignor sends 01 (one) set of the dossier specified in Clause 2 of this Article via postal service to the competent authority responsible for resolving the change of the transit border gate for goods as stipulated in Clause 1 of this Article;

b) The time limit for handling the application dossier for changing the transit border gate for goods is 07 working days, starting from the date when all valid documents are received;

c) If the documents are incomplete or invalid, within three working days from the date of receipt of the documents, the competent authority as specified in Clause 1 of this Article will send a letter to the consignor requesting additional or corrected information;

d) In cases where the change of the transit border gate for goods is not permitted, the competent authority specified in Clause 1 of this Article shall issue a response letter to the consignor detailing the reasons.

Article 15. Consumption of Transiting Goods

1. Transiting goods are not allowed to be consumed on the territory of Vietnam.

2. In special cases, the consumption of transiting goods on the territory of Vietnam must be approved by the Ministry of Industry and Trade.

3. The consumption of transiting goods in the case stipulated in Clause 2 of this Article must be carried out through Vietnamese traders and must go through import procedures at the Customs Office according to the laws on management of import and export. Taxes shall be implemented according to the relevant laws.

4. The application dossier for permission to consume transiting goods includes:

a) An application form from the consignor requesting permission to consume transiting goods: 01 (one) original copy (according to the model prescribed in Appendix IV issued together with this Circular);

b) A copy of the already issued transit permit for goods: 01 (one) copy (with confirmation signature and stamp of true copy of the consignor);

c) Documentation proving the special circumstances for transiting goods that require consumption in Vietnam;

d) A confirmation document from the Customs Office regarding the status of the transiting goods consignment: 01 (one) original copy;

đ) A Customs declaration for the transiting goods consignment: 01 (one) copy (with confirmation signature and stamp of true copy of the consignor).

5. The procedure and time limit for handling the application dossier for permission to consume transiting goods are as follows:

a) The consignor sends 01 (one) set of the dossier specified in Clause 4 of this Article via postal service to the Ministry of Industry and Trade (Department of Import-Export, address: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City, Vietnam) for consideration and resolution of the consumption of transiting goods;

b) The time limit for handling the application dossier for permission to consume transiting goods is 15 working days, starting from the date when all valid documents are received;

c) If the dossier is incomplete or invalid, within 07 working days from the date of receipt of the dossier, the Ministry of Industry and Trade will send a letter to the consignor requesting supplementary or corrective actions;

d) In cases where the consumption of transiting goods is not permitted, the Ministry of Industry and Trade will issue a response letter to the consignor detailing the reasons.

Article 16. Rights and Obligations of the Consignor and Carrier of Transiting Goods

1. The consignor and carrier conducting transit activities for goods through the territory of the Socialist Republic of Vietnam shall have rights and obligations as prescribed in the Agreement, this Circular, and other related legal documents.

2. The consignor of transiting goods must pay customs fees and other charges applicable to transiting goods according to the law.

Article 17. Payment and Foreign Exchange Management

Fees and expenses arising from transit operations shall be paid in freely convertible currency in accordance with the provisions of the Payment and Cooperation Agreement between the State Bank of Vietnam and the People's Bank of China signed on October 16, 2003, and the current regulations on foreign exchange management.

Chapter IV

IMPLEMENTING PROVISIONS

2. The Import-Export Department shall receive and review the files of the procedures stipulated in Clause 2, Article 6 and Clause 5, Article 15 of this Circular and submit them to the Ministry of Industry and Trade for consideration and decision.

Article 19. Effective Date

1. This Circular takes effect from July 20, 2015,

2. This Circular replaces Decision No. 305/2001/QD-BTM dated March 26, 2001, issued by the Minister of Commerce on the Regulations on goods of the People's Republic of China transiting through the territory of the Socialist Republic of Vietnam.

3. This Circular abolishes Decision No. 0336/2005/QD-BTM dated March 8, 2005, issued by the Minister of Commerce regarding the decision of the Minister of Commerce delegating authority to export-import management offices to issue permits for goods of the People's Republic of China transiting through the territory of the Socialist Republic of Vietnam.

4. Permits granted before the date this Circular becomes effective shall continue to be implemented according to their validity period./.