Decision No. 305/2001/QĐ-BTM Issuing the Regulations on Goods of the People's Republic of China Transiting through the Territory of the Socialist Republic of Vietnam

Pursuant to …;

Issuing the Regulation on Chinese goods transiting through the territory of the Socialist Republic of Vietnam

transiting through the territory of the Socialist Republic of Vietnam

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THE MINISTER OF TRADE

Based on 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 signed on April 9, 1994;

Pursuant to Decree 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade 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- This Decision promulgates the Regulation on Chinese goods transiting through the territory of the Socialist Republic of Vietnam.

This Regulation replaces the Regulation on Chinese goods transiting through the territory of Vietnam issued together with Decision No. 08/TM-XNK dated June 25, 1994, of the Minister of Trade, and Decision No. 1636/TM-XNK dated December 29, 1994, of the Ministry of Trade regarding amendments to certain points in the Regulation on Chinese goods transiting through the territory of Vietnam issued together with Decision No. 08/TM-XNK dated June 25, 1994.

Article 2.- This Decision shall take effect fifteen days from the date of signature.

 REGULATIONS

On Chinese goods

transiting through the territory of the Socialist Republic of Vietnam

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(Issued together with Decision No. 0305/2001/QĐ-BTM

dated March 26, 2001, of the Ministry 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. Goods referred to in this Regulation are goods belonging to the consignor from the People's Republic of China transiting through the territory of the Socialist Republic of Vietnam to a third country or returning from a third country to the People's Republic of China via Vietnamese territory.

2. All types of goods may transit through Vietnamese territory except those listed in the Vietnamese list of prohibited exports and imports.

3. Goods transiting through Vietnamese territory must be permitted by the Ministry of Trade of the Socialist Republic of Vietnam based on the transit request form submitted by the consignor from the People's Republic of China.

4. The transportation of goods transiting through Vietnam for the consignor from the People's Republic of China shall be carried out by Vietnamese enterprises.

5. Goods transiting through Vietnam shall be under the supervision of Vietnamese Customs throughout their movement within Vietnamese territory, entering and exiting Vietnam through designated border gates and routes, with the quantity of goods exported matching the quantity imported, intact and in original packages.

6. Goods transiting through Vietnam may remain on Vietnamese territory for a maximum period of thirty days from the date of completion of customs procedures at the entry port. This period may be extended by the Customs Office supervising the shipment, each extension not exceeding thirty days and a total of up to three extensions.

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

8. Transiting goods may not be consumed on Vietnamese territory. In exceptional cases, permission from the Minister of Trade of the Socialist Republic of Vietnam is required.

9. Procedures for warehousing, storage, transshipment, changing means of transport, and extending the stay of transiting goods shall be carried out in accordance with the guidance of Vietnamese Customs.

II. BORDER GATES FOR TRANSIT GOODS

Transit of goods across the Vietnam-China border shall be conducted through the following pairs of border gates:

Name of Vietnamese Border Gate Name of Chinese Border Gate

Lao Cai Ha Khau

Friendship Friendship Pass

Mong Cai Dong Xuan

Dong Dang (railway border gate) Bang Tang (railway border gate)

Additionally, goods transiting through Vietnam will pass through international border gates that the two governments of Vietnam and China agree to open in the future.

III. REGULATIONS ON PERMITS AND TRANSPORTATION OF TRANSIT GOODS

1. The consignor from the People's Republic of China wishing to transit goods must submit a transit application (according to Form No. 01 attached to this Regulation) to the Ministry of Trade of the Socialist Republic of Vietnam to obtain a transit permit for goods (according to Form No. 02 attached to this Regulation). A single transit permit is valid for one contract and covers multiple shipments over a year as specified in the transit permit.

2. Vietnamese enterprises transporting goods for the consignor from the People's Republic of China must present the following documents to Vietnamese Customs at the border gate:

a) The transit permit for goods issued by the Ministry of Trade of the Socialist Republic of Vietnam to the consignor from the People's Republic of China for the transit of goods.

b) Relevant documents related to the goods as prescribed by the General Department of Customs.

c) The transportation contract signed with the consignor from the People's Republic of China.

3. If the 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 entry port is located, and a temporary certificate of technical safety inspection and environmental protection issued by the transport sector before being allowed to transit through Vietnamese territory.

IV. OTHER PROVISIONS

1. Any changes to the route of transport or exit/entry ports for transiting goods shall be considered and resolved by the Ministry of Trade based on the written request of the consignor from the People's Republic of China.

2. During the transportation and storage process within Vietnamese territory, if there are incidents involving transiting goods (such as breakage, loss, damage...), the transportation enterprise must promptly notify the Customs Office (if there is no Customs Office, then notify the nearest local authority from the commune level upwards) where the incident occurred to record the condition of the goods. The incident report serves as the basis for the Customs Office at the exit port to handle the export procedures for the shipment.

3. Disputes arising between Vietnamese enterprises and the consignor from the People's Republic of China during the implementation of the transportation contract for transiting goods shall be resolved through negotiation by the parties involved. If negotiations fail to reach an agreement, the dispute shall be settled by the Vietnam International Arbitration Center affiliated with the Vietnam Chamber of Commerce and Industry.

4. Fees and costs arising from transit activities shall be settled according to the provisions of the "Agreement on Settlement and Cooperation between the State Bank of Vietnam and the People's Bank of China" signed on May 26, 1993, and current regulations on foreign exchange management by the State Bank of Vietnam.

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