Circular No. 22/2009/TT-BCT stipulates the transit of goods from the Lao People's Democratic Republic through the territory of the Socialist Republic of Vietnam.

CIRCULAR

Regulations on the transit of goods of the Lao People's Democratic Republic

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 purchase, sale, processing, and transit of goods;

Pursuant to the Agreement on the Transit of Goods between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic dated March 13, 2009 (hereinafter referred to as the Agreement);

The Ministry of Industry and Trade stipulates procedures for issuing, extending transit permits, and transporting goods of the Lao People's Democratic Republic 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, the consignor submits an application for permission to transit goods to the Minister of Industry and Trade of the Socialist Republic of Vietnam. The application includes:

a. A request form for permission to transit goods (in accordance with the model prescribed in Appendix 1 attached hereto).

b. A request for permission to transit goods from the Minister of Industry and Trade of the Lao People's Democratic Republic (original).

The Minister of Industry and Trade, based on the consignor's application and the request from the Minister of Industry and Trade of the Lao People's Democratic Republic, shall submit it to the Prime Minister for consideration and decision.

Based on the Prime Minister's opinion, the Minister of Industry and Trade shall respond in writing for the consignor to be informed and to act accordingly.

2. For goods specified in Clause 3, Article 4 of the Agreement, the application for a transit permit includes:

a. A request form for permission to transit goods (in accordance with the model prescribed in Appendix 2 attached hereto).

b. A request for permission to transit goods from the Minister of Industry and Trade of the Lao People's Democratic Republic (original).

3. The request for permission and extension of transit permits for goods as provided in point b, Clause 1, Article 1, point b, Clause 2, Article 1, and point c, Clause 1, Article 2 of this Circular must be in English or Vietnamese. In case it is in Lao, it must be accompanied by a certified and apostilled Vietnamese translation by the Vietnamese diplomatic mission in the Lao People's Democratic Republic or the Lao diplomatic mission in Vietnam.

4. The address for receiving applications for transit permits as provided in Clause 2, Article 1 is:

- Export-Import Management Department in Da Nang. Address: 132 Nguyen Chi Thanh Street, Hai Chau District, Da Nang City, Vietnam.

- Export-Import Management Department in Hanoi. Address: 25 Ngo Quyen Street, Hoan Kiem District, Hanoi City, Vietnam.

5. The time limit for processing applications for transit permits as provided in Clause 2, Article 1 is five working days 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 issued in accordance with Clause 2, Article 1 of this Circular include:

a. A request form for extension of transit permits for goods (in accordance with the model prescribed in Appendix 3 attached hereto).

b. A copy of the previously issued transit permit.

c. A request for extension of transit permits for goods from the Minister of Industry and Trade of the Lao People's Democratic Republic (original).

2. Applications for extension of transit permits for goods shall be submitted to the authority that issued the permit at the address specified in Clause 4, Article 1 of this Circular.

3. The time limit for processing requests for extension of transit permits for goods is five working days from the date of receipt of complete and valid applications.

Article 3. Delegation to issue and extend transit permits for goods

1. The Minister of Industry and Trade delegates the Danang Export-Import Management Department and the Hanoi Export-Import Management Department to issue and extend transit permits for goods as specified in Clause 2, Article 1 and Article 2 of this Circular.

2. The format of the transit permit for goods and the reply form for applications to extend the transit permit for goods are stipulated in Appendix 5, Appendices 6A and 6B attached to this Circular.

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

For other types of goods not falling under the cases specified in Article 1 of this Circular, when transiting through the border gates specified in Article 6 of the Agreement, the consignor or carrier only needs to handle the transit procedures at the customs office of the border gate without having to apply for a transit permit for goods at the Danang Export-Import Management Department or the Hanoi Export-Import Management Department of the Ministry of Industry and Trade.

Article 5. Extension of Transit Time for Goods

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

Chapter II

TRANSPORTATION OF GOODS IN TRANSIT

Article 6. Border Gates for Transiting Goods

Goods transiting are permitted to pass through the following border gates and connecting routes:

Article 7. Means of Transporting Transiting Goods and Escorts

1. Transiting goods must be transported by carriers that are legal entities licensed or legally authorized according to the law.

2. The means of transport of Vietnam and Laos participating in road transportation of transiting goods must comply with the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on February 24, 1996, the Protocol of the Governments of the Socialist Republic of Vietnam and the Lao People's Democratic Republic dated July 18, 2001 amending and supplementing the Road Transport Agreement, guiding documents, amendments, supplements, or replacements of these documents, and other relevant legal provisions.

3. Procedures for entry and exit of means of transport and escorts; procedures for warehousing and storage of transiting goods; procedures for transferring goods to another means of transport shall be carried out in accordance with the Law on Customs and guiding documents implementing the Law on Customs.

Article 8. Transit Time for Goods

Transiting goods are allowed to remain on the territory of Vietnam for a maximum period of thirty (30) days from the date of completing customs procedures at the import border gate, except in cases where the transit time is extended as provided for in Article 5 of this Circular.

Article 9. Documents Required for Customs Procedures for Transiting 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 goods transiting through the territory of Vietnam

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

Article 11. Distribution, sale, and consumption of goods transiting through Vietnam

1. It is prohibited to distribute, sell, or consume in Vietnam goods transiting through Vietnam that belong to the List of goods prohibited from trading, exporting, temporarily suspending export, importing, or temporarily suspending import, issued by competent state agencies of Vietnam.

2. Except for goods listed in Clause 1 of this Article, other types of transiting goods are permitted to be consumed in Vietnam in cases of force majeure after obtaining written approval from the Minister of Industry and Trade.

3. The consumption of transiting goods referred to in Clause 2 of this Article must be carried out through Vietnamese traders and must go through import procedures at customs authorities according to current regulations on import and export management.

4. In the case of force majeure as stipulated in Clause 2 of this Article, the consignor submits a request for permission to consume transiting goods to the Department of Import-Export, Ministry of Industry and Trade. Address: 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi, Vietnam. The dossier includes:

a. A request form for permission to consume transiting goods (according to the model prescribed in Appendix 4 attached to this Circular).

b. Documentation proving the case of force majeure for transiting goods to be consumed in Vietnam.

5. The time limit for processing the request for permission to consume transiting goods is 05 (five) working days, counted from the date of receiving complete and valid documents.

Article 12. Changing the Border Gate for Transiting Goods

The change of the export or import border gate within the scope defined in the Agreement shall be considered and resolved by the licensing authority for transiting goods with permits, and by customs authorities for transiting goods without permits.

Article 13. Rights and Obligations of the Consignor and Carrier of Transiting Goods

The consignor and carrier conducting transiting goods activities through the territory of the Socialist Republic of Vietnam have rights and obligations as prescribed in the Agreement on Transiting Goods between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic dated March 13, 2009, 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. 0938/2000/QĐ-BTM dated June 30, 2000, of the Minister of Commerce issuing Regulations on Lao People's Democratic Republic goods transiting through the territory of the Socialist Republic of Vietnam./.