Circular No. 27/2014/TT-BCT on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam

CIRCULAR

Regulations on the transit of goods of the Kingdom of Cambodia through the territory

of the Socialist Republic of Vietnam

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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 on the Transit of Goods between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia dated December 26, 2013;

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 trade agency buying, selling, processing, and transit of goods;

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

The Minister of Industry and Trade issues this Circular regulating the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates procedures for issuing, extending transit permits, transporting transit goods, and consuming transit goods as prescribed in the Agreement on the Transit of Goods between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia dated December 26, 2013 (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.

Chapter II

PROCEDURES FOR ISSUING AND EXTENDING TRANSIT PERMITS FOR GOODS

The procedure for applying for a transit permit for goods shall be carried out as follows:

a) Within seven working days from the date of receipt of a valid application from the consignor, the Ministry of Industry and Trade shall submit it to the Prime Minister for consideration and decision.

b) Within seven working days from the date of receipt of the Prime Minister's opinion, the Ministry of Industry and Trade shall respond to the consignor in writing.

a) Application for Permission to Transit: One original copy (according to the form prescribed in Appendix IA attached hereto).

b) Letter from the Cambodian Ministry of Commerce requesting permission to transit goods: One original copy.

a) Application for Permission to Transit Goods: One original copy (according to the form prescribed in Appendix 1A attached hereto).

b) Letter from the Cambodian Ministry of Commerce requesting permission to transit goods: One original copy.

5. The letter from the Cambodian Ministry of Commerce requesting permission to transit goods as specified in Point b, Clause 3, Point b, Clause 4 of this Article must be in English or Vietnamese. In case it is in Khmer, the consignor must submit a certified and legalized Vietnamese translation by the diplomatic mission of Vietnam in Cambodia or the diplomatic mission of Cambodia in Vietnam.

7. The time limit for processing applications as specified in Clause 2, Clause 3, Clause 4 of this Article is seven working days from the date of receipt of complete and valid applications.

8. In cases where the application is incomplete or invalid, within three working days from the date of receipt of the application, the receiving authority shall send a written request to the consignor to supplement or amend the application.

9. The format of the transit permit issued by the competent authority is prescribed in Appendices IB and IIB attached hereto. In cases where a transit permit is not issued, the issuing authority shall notify the consignor in writing and specify the reasons.

1. The application dossier for extending the Goods Transit Permit issued in accordance with Clause 2, Article 3 of this Circular includes:

a) Application for extension of Goods Transit Permit: 01 original copy (in accordance with the form prescribed in Appendix IIIA attached to this Circular).

b) Goods Transit Permit already issued: 01 copy (with confirmation signature and stamp certifying true copy of the owner).

2. The application dossier for extending the Goods Transit Permit issued in accordance with Clause 3, Clause 4, Article 3 of this Circular includes:

a) Application for extension of Goods Transit Permit (in accordance with the form prescribed in Appendix IVA attached to this Circular).

b) Goods Transit Permit already issued: 01 copy (with confirmation signature and stamp certifying true copy of the owner).

c) Document from the Ministry of Commerce of the Kingdom of Cambodia requesting extension of Goods Transit Permit: 01 original copy.

3. The application dossier for extending the Goods Transit Permit shall be sent to the issuing authority at the address specified in Clause 2, Clause 3, Clause 4, Article 3 of this Circular.

4. The document from the Ministry of Commerce of the Kingdom of Cambodia requesting extension of Goods Transit Permit as stipulated in Point c, Clause 2 of this Article must be in English or Vietnamese. In case it is in Khmer, the owner must submit a Vietnamese translation certified and legalized by the diplomatic mission of Vietnam in the Kingdom of Cambodia or the diplomatic mission of the Kingdom of Cambodia in Vietnam, in accordance with regulations.

5. For goods specified in Clause 5, Article 4 of the Agreement and processed wood products specified in Clause 2, Article 5 of the Agreement, the Ministry of Industry and Trade will extend the Goods Transit Permit after receiving the complete and valid dossier of the owner and the document from the Ministry of Commerce of the Kingdom of Cambodia requesting extension of Goods Transit Permit sent to the Ministry of Industry and Trade of Vietnam through the Embassy or trade office of Vietnam in Cambodia or the Embassy or trade office of Cambodia in Vietnam.

6. The time limit for processing the extension of Goods Transit Permit is 07 (seven) working days, starting from the date of receipt of the complete and valid dossier.

7. In case the dossier is incomplete or invalid, within 03 (three) working days from the date of receipt of the dossier, the receiving authority shall issue a document to request the owner to supplement or amend the dossier.

8. The format of the document extending the Goods Transit Permit by the competent authority is prescribed in Appendices IIIB, IIIC, IVB, IVC attached to this Circular. In case the Goods Transit Permit is not extended, the issuing authority shall notify the owner in writing and specify the reasons.

Other types of goods not falling under the provisions of Article 4 and Clause 1, Clause 2, Article 5 of the Agreement, when transiting via land, waterway, or railway through the border gates specified in Article 7 of the Agreement, the owner or the authorized carrier may handle transit procedures at the Customs Authority without needing to apply for a Goods Transit Permit from the Ministry of Industry and Trade or the Export-Import Management Department of Ho Chi Minh City (Export-Import Department - Ministry of Industry and Trade).

Chapter III

TRANSPORTATION OF GOODS IN TRANSIT

Article 6. Means of Transport for Transiting Goods and Escorts

1. The means of transport of Vietnam, Cambodia, or third countries participating in the transportation of goods transiting by road or inland waterway as stipulated in Article 10 of the Agreement must comply with the Road Transport Agreement signed between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on June 1, 1998, the Agreement signed between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport on December 17, 2009, guiding documents, amendments, supplements, or replacements of these documents, and other relevant laws.

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

Article 7. Border gates for transiting goods

Transiting goods are permitted to pass through international border gates and connecting routes as follows:

Article 8. Documents for Customs Procedures for Transit 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 9. Supervision of Transit Goods within Vietnam's Territory

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

Article 10. Time Limit for Transit of Goods

Transit goods may be retained on Vietnamese territory for a maximum period of thirty days from the date of completion of Customs procedures at the import port, except in cases where the transit time is extended according to the provisions of Article 11 of this Circular.

The extension of the transit time for goods is considered and resolved by the licensing authority for goods under a permit and by the Customs authority for goods not under a permit, in accordance with the law.

Article 12. Consumption of Transit Goods

1. It is prohibited to consume in Vietnam transit goods listed in the Catalogue of Prohibited Business Operations, Prohibited Exports, Temporarily Suspended Exports, Prohibited Imports, and Temporarily Suspended Imports.

3. The consumption of transit goods referred to in Clause 2 of this Article must be carried out through Vietnamese traders and must comply with the import procedures at the Customs authority according to current regulations on import and export management.

a) An original application for permission to consume transited goods (as prescribed in Appendix V attached to this Circular).

b) A copy of the transit permit already issued (with confirmation and stamp of authenticity from the consignor), if the goods are transiting under a permit.

c) Documentation proving the case of force majeure for the transit goods seeking to be consumed in Vietnam.

5. The deadline for processing requests for permission to consume transit goods is fifteen working days from the date of receipt of complete and valid dossiers.

Article 13. Change of Transit Port

The change of export or import port within the scope defined in the Agreement is considered and resolved by the licensing authority for goods under a permit and by the Customs authority for goods not under a permit.

Article 14. Rights and Obligations of the Consignor and Carrier of Transit Goods

The consignor and carrier engaged in the transit of goods through the territory of the Socialist Republic of Vietnam have rights and obligations as prescribed in the Agreement, this Circular, and other relevant legal documents.

Chapter IV

IMPLEMENTING PROVISIONS

1. The Import-Export Department receives and reviews the dossiers as specified in Clause 1, Clause 3, Clause 4 of Article 3; Clause 2 of Article 4; and Clause 4 of Article 12 of this Circular and submits them to the leadership of the Ministry of Industry and Trade for consideration and decision.

2. The Import-Export Management Office in Ho Chi Minh City (Import-Export Department - Ministry of Industry and Trade) implements the issuance and extension of transit permits for goods as specified in Clause 2 of Article 3 and Clause 1 of Article 4 of this Circular.

Article 16. Effective Date

1. This Circular takes effect from October 20, 2014.

2. This Circular replaces Circular No. 08/2009/TT-BCT dated May 11, 2009, issued by the Minister of Industry and Trade, concerning the transit of Cambodian goods through the territory of the Socialist Republic of Vietnam./.