Joint Circular No. 11-TTLB/TN-HQ stipulates the transit and temporary entry regime for goods of the Kingdom of Cambodia

CIRCULAR

MINISTRY OF TRADE - GENERAL DEPARTMENT OF CUSTOMS

Regulations on transit and through transport of goods of the Kingdom of Cambodia

Pursuant to Part II and Part III of the "Provisions on some basic principles for managing the exchange of goods and implementing trade services between the Socialist Republic of Vietnam and the Kingdom of Cambodia" signed between the Ministry of Trade of Vietnam and the Ministry of Trade of Cambodia on November 3, 1990.

The Ministry of Trade and the General Department of Customs hereby regulate the transit and through transport of goods of the Kingdom of Cambodia as follows:

1. Transit goods are export and import goods of the Kingdom of Cambodia, exported and imported by Cambodian economic units with a third country through the territory of Vietnam.

I. GENERAL PROVISIONS

2. Through transport goods are goods circulating within Cambodia but due to special reasons cannot travel directly from one region to another within Cambodia and must pass through the territory of Vietnam.

3. Only goods that the Government of Vietnam does not prohibit from exporting or importing shall be allowed to transit or through transport via Vietnam.

4. Transit and through transport goods are temporarily imported and then re-exported, therefore the quantity of goods taken out of Vietnam must equal the quantity of goods entered into Vietnam, and the goods must remain intact and undamaged (except for cases specified in Point 1, Part III of this Circular).

5. Absolutely no consumption of transit or through transport goods on the Vietnamese market without permission from both the Ministry of Trade of Vietnam and the Kingdom of Cambodia.

6. Transit and through transport goods may enter and exit Vietnam based on permits issued by the Ministry of Trade of Vietnam.

7. Transit and through transport goods must enter and exit Vietnam through the border gates listed 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.

At the Vietnam-Cambodia border, transit and through transport goods may only enter and exit Vietnam through the following border gates:

+ Xa Xia

+ Sai Gon Port.

+ Vung Tau Port.

In exceptional cases where transit or through transport must occur at locations outside the designated border gates, approval from the Ministry of Trade and the General Department of Customs of Vietnam is required.

1. Forms of transit may include:

II. PROCEDURES FOR TRANSIT AND USE OF ROUTES

Transit with warehouse storage time.

Transit without warehouse storage time (also called direct transit).

Through transport goods are only permitted to go straight through and are not allowed to be stored in warehouses in Vietnam, except in cases approved by both the Ministry of Trade of Vietnam and the Kingdom of Cambodia and subject to Customs management.

2. Cambodian economic units with transit or through transport goods (referred to as the consignor) are responsible for applying for transit and through transport permits from the Permit Issuing Unit of the Ministry of Trade of Vietnam.

3. Documents for applying for transit and through transport permits include:

Name of goods.

Quantity and weight of goods.

Type of transportation means.

Transportation means owner.

Request for transit or through transport. If requesting transit, specify the form of transit (with or without warehouse storage).

Temporary entry gate, re-export gate.

Transportation route.

Estimated temporary entry period, re-export period.

Warehouse location and time (if applicable).

4. The Permit Issuing Unit of the Ministry of Trade issues transit and through transport permits to the consignor. On the permit, it clearly states:

Consignor's name.

Goods name and quantity.

Temporary entry gate, re-export gate.

Temporary entry period, re-export period.

Estimated temporary entry period, re-export period.

Whether warehouse storage is allowed.

The transit and through transport permit includes two permits for import and export attached together as a set, clearly stating: Transit (or through transport).

Transportation means owner.

5. The consignor brings the transit and through transport permit and four customs declarations to the customs office at the temporary entry gate to complete the temporary entry procedures. The customs office at the temporary entry gate compares the actual goods with the permit and declaration, if all are consistent, it confirms the actual goods passing through the gate on the declaration, clearly stating:

Permitted transportation route to the re-export gate.

Warehouse location and time (if applicable).

Condition of goods (sealed, chained, or intact and undamaged).

Return three declarations to the consignor, retain one declaration, clear the temporary entry permit, and return it to the consignor.

6. If escort is deemed necessary, the customs office at the temporary entry gate will conduct the escort. The consignor must pay the escort fee according to regulations.

7. The consignor and the transportation means owner must comply with the provisions of the permit and the customs office noted on the declaration. In case compliance is impossible for valid reasons, they must immediately report to the nearest provincial customs office (or the most convenient one) to establish a record confirming the situation.

8. If there is warehouse storage in Vietnam, the consignor must apply for permission from the provincial customs office or higher to have the customs office designate the warehouse and implement customs sealing procedures.

9. When the goods reach the re-export gate, the consignor must present the following documents to the customs office:

Transit (or through transport) permit including:

Imported permit (temporary entry) already cleared.

Export permit (re-export).

Three declarations of temporary entry goods confirmed by the customs office at the temporary entry gate regarding the actual quantity of goods passing through the gate.

Confirmation from the provincial customs office where the goods were stored (if stored in Vietnam).

If the customs office regulations are not followed, a confirmation note must be attached to the declaration explaining the reason according to Point 7 above.

10. The customs office at the re-export gate will compare the actual goods with the presented documents. If all are consistent, it will allow re-export and confirm the goods passing through the gate, returning one declaration to the consignor, transferring one declaration back to the customs office at the temporary entry gate for clearance, and retaining one declaration at the customs office at the re-export gate. Clear the re-export permit and return it to the consignor. The consignor is responsible for promptly sending the cleared transit (through transport) permit set back to the Permit Issuing Unit of the Ministry of Trade.

11. If there is customs escort, the customs office must confirm on the declaration: "Witnessed the goods exiting the border."

11. In cases where customs officers accompany the goods, the customs officers must certify on the declaration form: "Have witnessed the actual export of goods across the border".

12. During transportation and storage within the territory of Vietnam, if goods suffer damage, the carrier or the consignor must immediately report to the nearest Customs office. In places without a Customs organization, they shall immediately report to authorities or local government bodies at the district level or higher (People's Committee, Police) to prepare three copies of a record (one copy for the consignor to keep, one copy to present to the border gate Customs office, and one copy for the confirming authority).

III. VIOLATION HANDLING

The following cases shall be considered violations of Vietnamese law and shall be handled in accordance with the Customs Ordinance and other current laws.

1. Goods in transit or using unauthorized routes that do not conform to the permit or declaration, or which lack a permit or declaration.

2. Temporary imported goods that are not re-exported or are re-exported incorrectly or insufficiently compared to the temporary import (except for the case mentioned in Point 12 of Part II above).

3. Goods transported along incorrect routes, outside the prescribed time, or through unauthorized border gates (except for the case mentioned in Point 7 of Part II of this Circular).

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. Unauthorized consumption of goods in transit or using unauthorized routes within Vietnam.

This Circular takes effect from January 1, 1991.