Decision No. 1732/2000/QD-BTM Issuing the Regulations on Goods of the Kingdom of Cambodia Transiting through the Territory of the Socialist Republic of Vietnam

DECISION OF THE MINISTER OF TRADE

Issuing Regulations on Cambodian Goods Crossing 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 Kingdom of Cambodia dated September 7, 2000;

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

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

 

DECISION:

Article 1. - These Regulations on Cambodian Goods Crossing through the Territory of the Socialist Republic of Vietnam are hereby issued together with this Decision.

These Regulations replace the previous Regulations on Cambodian Goods Crossing through the Territory of Vietnam issued together with Decision No. 1162/TM-XNK dated September 20, 1994, Decision No. 123/TM-XNK dated February 27, 1995, and Decision No. 689 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.

 

 REGULATIONS

ON CAMBODIAN GOODS

CROSSING THROUGH THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM

(Issued together with Decision No.: 1732/2000/QĐ-BTM

dated December 13, 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 these Regulations are Cambodian goods crossing through the territory of Vietnam to a third country or from a third country back to Cambodia, or being transported across the territory of Vietnam from one locality to another within Cambodia.

2. The transit of goods belonging to categories prohibited for export or import (except for the specific provisions on the transit of logs and wood products) is regulated as follows:

2.1.- It is prohibited to transit goods that are strictly forbidden by domestic laws and international customs such as narcotics, hazardous chemicals, radioactive materials, pornographic products, or those harmful to Vietnam's independence, sovereignty, and national security; rare plants and animals at risk of extinction.

2.2.- Permission must be granted in writing by the Minister of Trade of Vietnam based on a written request from the Minister of Commerce of the Kingdom of Cambodia when transiting weapons, ammunition, explosives, military equipment through the territory of Vietnam for the defense and national security purposes of Cambodia.

2.3.- The transportation of goods listed in the prohibited export and import categories of Vietnam but not prohibited in Cambodia shall be carried out as follows:

a) When goods cross by waterway through the Mekong River (Cửu Long - Mekong) via the designated river border gates specified in Section II of these Regulations, the consignor or the carrier authorized by the consignor (referred to as the carrier) shall handle customs procedures for the goods at the border gate customs without needing to apply for a Transit Permit from the Ministry of Trade.

b) When goods cross by road through the designated land border gates specified in Section II of these Regulations, the consignor or the carrier must apply for a Transit Permit from the Ministry of Trade (Ho Chi Minh City Export-Import Management Department) based on a Transit Application Form confirmed by the Ministry of Commerce of the Kingdom of Cambodia.

3. The transit of logs and wood products shall be carried out as follows:

3.1.- It is prohibited to transit round logs (logs with or without bark, pith removed, or in their original square form).

3.2.- The transportation of sawn timber can only be carried out under a Transit Permit issued by the Ministry of Trade based on a written request from the Minister of Commerce of the Kingdom of Cambodia.

3.3.- When transporting other types of wood products, the consignor or the transporter must complete and submit full and valid declarations at the border gate customs without needing to apply for a Transit Permit.

4. When transporting other goods not covered by Clause 2 and 3 of Section I above by road or waterway, the consignor or the carrier only needs to handle customs procedures at the border gate customs without needing to apply for a Transit Permit.

5. Goods in transit are subject to supervision by Vietnamese Customs throughout their movement on Vietnamese territory; they must enter and exit Vietnam through the designated border gates and routes; the quantity and type of goods exported must match the quantity and type of goods imported, in their original packaging.

6. Goods in transit are permitted to remain on Vietnamese territory for a maximum period of thirty days from the completion of customs procedures at the import 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 shipment (for general transit shipments). Each extension cannot exceed thirty days, and the total number of extensions for one transit shipment cannot exceed three times.

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

8. Goods in transit may not be consumed on Vietnamese territory; in exceptional cases, permission from the Minister of Trade of Vietnam is required.

9. Procedures for entry and exit of transport vehicles and escorts; storage procedures for goods in transit; procedures for bunkering and changing transport means for goods in transit 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-Cambodia border shall be conducted through the following pairs of border gates:

III. REGULATIONS ON PERMITS AND TRANSPORTATION OF TRANSIT GOODS

1. The application for a Transit Permit and the extension of a Transit Permit for goods requiring a permit shall be carried out as follows:

- The consignor of Cambodian goods in transit or the carrier shall submit to the Ministry of Trade a written request from the Minister of Commerce of Cambodia for goods that are weapons, ammunition, explosives, and military equipment for the defense and national security purposes of Cambodia, and sawn timber.

- The consignor of transit goods or the carrier shall submit to the Export-Import Management Department of Ho Chi Minh City an application for transit of goods (in accordance with Model 01 attached to this Regulation) or a request for extension of time accompanied by confirmation from the Ministry of Commerce of Cambodia for types of goods that require a permit other than the transit permit.

2. For goods that do not require a permit from the Ministry of Commerce, the extension of the transit period shall be based on the request submitted by the Cambodian consignor of transit goods or the carrier to the Customs Office of the province or city supervising the shipment before it reaches the deadline for export out of Vietnam.

3. The Cambodian consignor of transit goods is permitted to transport and handle the transit procedures themselves or to hire a Vietnamese enterprise to perform these tasks when the goods are being transported by road. In the case of goods being transported by waterway, the Cambodian consignor of transit goods is permitted to transport and handle the transit procedures themselves or to hire a Vietnamese enterprise or a third-country enterprise to perform these tasks.

4. The Cambodian consignor of transit goods or the carrier must present to the Vietnamese customs authorities at the border gate the following documents:

4.1.- Relevant shipping documents as prescribed by the General Department of Customs.

4.2.- The Transit Permit and/or the extension document of the Transit Permit issued by the Ministry of Commerce (in cases where transit is conducted under a permit).

4.3.- The International Road Transport Permit between Vietnam and Cambodia issued by the competent authority in the transportation sector (if applicable).

4.4.- A document from the Director of the Provincial or Municipal Customs Office allowing storage beyond 30 days, change of means of transport, or change of packaging (if applicable); a document allowing extension of transit (if applicable).

4.5.- If the Cambodian consignor of transit goods hires a Vietnamese enterprise or a third-country enterprise to provide transportation services for transit goods, in addition to the documents specified in Points 4.1, 4.2, 4.3, and 4.4 above, the Vietnamese enterprise or the third-country enterprise must also present to the customs authority the transportation contract signed with the Cambodian consignor of transit goods or the agent appointed by the Cambodian consignor of transit goods.

5. Means of transport from Vietnam, Cambodia, or a third country participating in the transportation of transit goods by road or waterway must comply with the Agreement on Road Transport signed on June 1, 1998, and the Agreement on Waterway Transport signed on December 13, 1998, between the Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Cambodia, and other relevant regulations of Vietnam.

IV. OTHER PROVISIONS

1. Any changes to the route of transportation or the port of entry or exit for transit goods will be considered and resolved by the Ministry of Commerce (for goods requiring a permit) or by the Customs Office of the province or city supervising the shipment (for ordinary transit goods) based on the request submitted by the Cambodian consignor of transit goods.

2. During transportation and storage within the territory of Vietnam, if there are incidents involving transit goods (such as breakage, loss, damage...), the Cambodian consignor of transit goods (or the transportation enterprise) must promptly notify the customs authority (or the local government authority at the nearest level from commune upwards if there is no customs authority) at the location where the incident occurred to record the condition of the goods. The record of the incident serves as the basis for the customs authority at the port of export to process the export procedures for the shipment.

3. Disputes arising between Vietnamese enterprises and the Cambodian consignor of transit goods during the performance of the transit goods 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 affiliated with the Vietnam Chamber of Commerce and Industry.

4. Payment of fees and costs arising from transit activities shall be carried out in accordance with the regulations of the State Bank of Vietnam regarding payment for services with foreign countries and related documents of the Vietnamese state.

5. Organizations and individuals violating the provisions of this Regulation shall be dealt with according to the current laws of Vietnam./.