Thông tư 08/2009/TT-BCT về quá cảnh hàng hóa của Vương quốc Campuchia qua lãnh thổ nước Cộng hòa xã hội chủ nghĩa Việt Nam do Bộ Công thương ban hành

CIRCULAR

REGULATIONS ON THE KINGDOM OF CAMBODIA’S GOODS IN TRANSIT THROUGH THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, duties, right and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Decree No. 12/2006/ND-CP dated January 23 2006 of the Government stipulating in detail the implementation of the Commercial Law regarding the activities  of goods trading and the agent activities of sale, purchase, processing and transit of goods with foreign countries;

Pursuant to the Transit Agreement between the Government the Government of the Republic Socialist of Vietnam and the Royal Government of Cambodia dated November 4, 2008 (hereinafter referred to as the Agreement);

The Ministry of Industry and Trade hereby prescribes the procedures for the grant, renewal of permit, and goods transportation of the Kingdom of Cambodia in transit through the territory of the Republic Socialist of Vietnam as follows:

Chapter 1.

PROCEDURES FOR ISSUANCE OR EXTENSION OF GOODS TRANSIT PERMIT

Article 1. Issuance of goods transit permit

The procedureforapplyinga goodstransit permit shall be as follows:

1. For the goods as prescribed in clause 2, Article 4 of this Agreement comply with provisions of the Prime Minister.

2. For the goods as prescribed in clause 3, Article 4 of this Agreement (except for precut lumber), the goods owner sends dossier to request the issuance of goods transit permit to the import and export management Division, area of Ho Chi Minh City - Ministry of Industry and Trade. Address: 35-37 Ben Chuong Duong, District 1, Ho Chi Minh City, Vietnam. A dossier comprises:

a. An application for goods transit (under the form specified in Annex 1A granted together with this Circular).

b. A written request for goods transit of the Minister of Trade of the Kingdom of Cambodia (the original)

3. For precut lumber, the goods owner sends dossier to request the issuance of goods transit permit to the import and export Department - Ministry of Industry and Trade. Address: 54 Hai Ba Trung, Hoan Kiem dist., Ha Noi, Viet Nam. The dossier includes:

a. An application for precut lumber transit (under the form specified in Annex 1B granted together with this Circular).

b. A written request for goods transit permission of the Minister of Trade of the Kingdom of Cambodia (the original)

4. A written request for a permission, renewal of transit permit of the Minister of Trade of the Kingdom of Cambodia specified in point b, clause 2, point b, Clause 3 of Article 1 and point c, clause 1, point c, clause 2 of Article 2 of this Circular is made in English or Vietnamese. Where in Khmer language, the owner must enclose the translation version in Vietnamese language that is notarized and consularly legalized by the Vietnamese diplomatic representative agency in the Kingdom of Cambodia or the diplomatic representative agency of the Kingdom of Cambodia in Vietnam.

5. The time limit for settlement of the dossier prescribed in clause 2, clause 3 of this Article is 05 (five) working days after receiving complete and valid dossiers.

Article 2. Renewal of goods transit permit

1. The dossier for the renewal of the goods transit permit granted under the provisions of Clause 2, Article 1 of this Circular includes:

a. An application for goods transit (under the form specified in Annex 3 granted together with this Circular).

b. The copy of the goods transit permit granted.

c. A written request for the renewal of goods transit of the Minister of Trade of the Kingdom of Cambodia (the original)

2. The request dossier for the renewal of goods transit permit granted as prescribed in clause 3, Article 1 of this Circular includes:

a. An application for the renewal of goods transit (under the form specified in Annex 4 granted together with this Circular).

b. The copy of the precut lumber transit permit granted.

c. The written request for the renewal of goods transit permit of the Minister of Trade of the Kingdom of Cambodia (the original)

3. The request dossier for the renewal of goods transit permit sent to the agency that issues the permit at the address specified in clause 2, clause 3, Article 1 of this Circular.

4. The time limit for settlement of the renewal of goods transit permit is 05 (five) years, from the date of receiving complete and valid dossier.

Article 3. Authorization for the issuance and renewal of goods transit permit

The Minister of Industry and Trade authorizes the import and export management Division, area of Ho Chi Minh City to issue and renew the goods transit permit as specified in clause 2, Article 1 of this Circular.

Article 4. Goods transit not under the permit of the Ministry of Industry and Trade

The other types of goods not in the case as specified in Article 1 of this Circular, upon transiting by road, waterway or rail, the good owner or the carrier just makes the transit procedures at border-gate customs without having to ask for the goods permit at the Ministry of Industry and Trade or the import and export management Division, area of Ho Chi Minh City - Ministry of Trade.

Article 5. Extension of goods transit time

The extension of goods transit time will be approved by the customs agency where the procedures for goods transit made as prescribed by law

Chapter 2.

TRANSPORTATION OF GOODS TRANSIT

Article 6. Goods transit border gate

Goods permitted to be transited through pair of international border gates and connecting routes as follows:

Article 7. Means of transport and goods in transit and accompanying person

1. The means of transportation of Vietnam and Cambodia or the third country involved in transporting transit goods by road, waterway must comply with the Road Transport Agreement signed on June 1, 1998, Waterway Transport Agreement signed on December 13, 1998 between the Government of Republic Socialist of Vietnam and the Government of the Kingdom of Cambodia, the documents of guidance, amendment, supplementation  or replacement of these documents and other relevant legal regulations.

2. Procedure for entry and exit of means of transportation vehicles and the accompanying person; procedures for storage, open storage of goods in transit, transshipment procedures, changing means of transportation of the transit goods shall comply with the provisions of Customs Law and the guiding documents for the implementation of the Customs Law.

Article 8. Time of goods transit

Goods in transit are allowed to stay on the territory of Vietnam in the maximum period of 30 (thirty) days from the date of completion of customs procedures at the import border-gate except for the case of the transit time is extended in accordance with Article 5 of this Circular.

Article 9. Documents upon making procedures for the transit goods

The goods owners or carrier must submit and present the documents to the customs agency in accordance with the law on customs and other guiding documents.

Article 10. Monitoring of goods transited through the territory of Vietnam

The transit goods in transit subject to the supervision of the Customs of Vietnam during the entire time the goods in transit on the territory of Vietnam.

Article 11. Consuming the transit goods

1. Goods in transit in the list of goods banned from trading, export, suspended from export, banned from import, suspended from import shall not be sold in Vietnam.

2. Except as provided in clause 1 of this Article, the other goods in transit are permitted for consumption in Vietnam in case of force majeure after having been approved in writing by the Minister of Industry and Trade.

3. The consumption of goods in transit specified in clause 2 of this Article shall take place through Vietnamese traders and import procedures made at the customs agency in accordance with the current regulations on import and export management.

4. In case of force majeure prescribed in Clause 2 of this Article, the goods owner shall send dossiers for permission to consume the goods in transit to the Import and Export Department - Ministry of Industry and Trade. A dossier includes:

a. The application for permission to consume the goods in transit (under the form specified in Appendix 5 attached to this Circular).

b. The copy of transit permit granted, if the goods transited under the permit from the Ministry of Industry and Trade

c. The evidencing documents of the force majeure for the transit goods requesting to be consumed in Vietnam.

5. The time limit to settle the requesting dossier for a permission of transit goods consumption is 05 (five) working days from the date of complete receipt of valid dossier.

Article 12. Change of transit border gate

The change of import and export border gate to the extent specified in the Agreement shall be considered and settled by the licensing agency for goods in transit under the permit and shall be considered and settled by the customs agency for goods in transit without permit.

Article 13. Rights and power of the goods owner and the carrier of transit goods

The goods owner and the carrier perform the activity of transit goods through the territory of the Republic Socialist of Vietnam has the rights and obligations stipulated in the Agreement of transit goods between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia dated November 4, 2008, this Circular and other relevant legal documents.

Chapter 3.

IMPLEMENTATION PROVISION

Article 14. Effect

1. This Circular takes effect after 45 days from the signing date

2. This Circular supersedes the Decision No. 1732/2000/QD-BTM dated December 13, 2000 of the Minister of Commerce promulgated the Regulations on goods of the Kingdom of Cambodia transiting the territory of the Socialist Republic of Vietnam.

ANNEX 1A

APPLICATION FOR PERMISSION OF GOODSTRANSIT(This form is used for the transit goods prescribed in clause 2, Article 1 of this Circular)

Date….month…….200

APPLICATION FOR PERMISSION OF TRANSIT GOODS

To: Division of import export management of HCM City area

I. Goods owner: (specify full name, address, phone No., fax, e-mail)

Kindly request the Division of import export management of HCM City area to grant the permit of transit goods by the following contents:

1. Transit goods:

2. Import border gate:

3. Export border gate:

4. Transportation route:

5. Means of transportation:

II. The carrier: (If the goods owner transports by himself, recording as "free shipping". If signing transportation contract with Vietnamese enterprise or enterprise of a 3rd country then specify the name, address, phone and fax numbers, e-mail shipping enterprise)

III. Address of permit receipt Permits a recipient address (of the goods owner or carrier):

...................................................................................................................................

...................................................................................................................................

Attached to this Application is the written request for the permission of goods transit of the Minister of Commerce of the Kingdom of Cambodia.

Note: Adjoining stamp required If the document has 02 sheets or more

ANNEX 1B

APPLICATION FOR PERMISSION OF TRANSIT GOODS(This form is used for transit goods as precut lumber)

………, date…      month.. .    20…..

APPLICATION FOR PERMISSION OF PRECUT LUMBER TRANSIT

To: Import and export department – Ministry of Industry and Trade

I. Goods owner: (specify full name, address, phone No., fax, e-mail)

Kindly request the Ministry of Industry and Trade to grant the permit of precut lumber transit by the following contents:

1. Transit goods:

2. Import border gate:

3. Export border gate:

4. Transportation route:

5. Means of transportation:

II. The carrier: (If the goods owner transports by himself, recording as "free shipping". If signing transportation contract with Vietnamese enterprise or enterprise of a 3rd country then specify the name, address, phone and fax numbers, e-mail shipping enterprise)

III. Address of Permit receiving (of the goods owner or carrier):

...................................................................................................................................

...................................................................................................................................

Attached to this Application is the written request for the permission of goods transit of the Minister of Commerce of the Kingdom of Cambodia 

Note: Adjoining stamp required if the document has 02 sheets or more

ANNEX 2A

GOODS TRANSIT PERMIT(This form is used for transit goods prescribed in clause 2, Article 1 of this Circular)

To: ……. (Cambodian transit goods owner)

Pursuant to the Circular No. ……./2009/TT-BCT dated……..2009 of the Minister of Industry and Trade stipulating the goods transit of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam

Considering the written request for transit of goods of .... (name and address of Cambodian transit goods owner) .... and the written request of the Minister of Commerce of the Kingdom of Cambodia on... month ... year ...

The division of import export management HCM city area permits………………….( Cambodian transit goods owner) to transit goods under the following provisions

1. Transit goods:

2. Import border gate:

3. Export border gate:

4. Means of transportation:

5. This document is valid till date…..month……year...20

ANNEX 2B

GOODS TRANSIT PERMIT (This form is used for transit goods as precut lumber)

………, date…      month.. .    20…..

To: ……. (Cambodian transit goods owner)

Pursuant to the Circular No. ……./2009/TT-BCT dated……..2009 of the Minister of Industry and Trade stipulating the goods transit of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam

Considering the written request for transit of precut lumber of .... (name and address of Cambodian transit goods owner) .... and the written request of the Minister of Commerce of the Kingdom of Cambodia on... month ... year ...

The the Minister of Industry and Trade permits………………….( Cambodian transit goods owner) to transit the precut lumber under the following provisions

1. Transit goods:

2. Import border gate:

3. Export border gate:

4. Means of transportation:

5. This document is valid till date…..month……year...20 

ANNEX 3

APPLICATION FOR PERMIT RENEWAL OF GOODS TRANSIT

Date………….200

APPLICATION FOR PERMIT RENEWAL OF GOODS TRANSIT

To: The Division of import export management HCM city area 

I. Goods owner: (specify full name, address, phone No., fax, e-mail)

Kindly request the Division of import export management HCM city area to renew the goods transit permit No……granted by the Division of import export management HCM city area on date………….

2. Reason for request of renewal:

...................................................................................................................................

...................................................................................................................................

3. Estimated time of renewal: ( to date………….200.)

4) Address of response document receiving (of the goods owner or carrier):

...................................................................................................................................

...................................................................................................................................

...................................................................................................................................

Attached to this Application is the copy of goods transit Permit No…..granted by the  Division of import export management HCM city area  on…………200 and the written request for the renewal of goods transit Permit of the Minister of Commerce of the Kingdom of Cambodia (the original)

Note: Adjoining stamp required if the document has 02 sheets or more

ANNEX 4

APPLICATION FOR RENEWAL OF PRECUT LUMBER TRANSIT PERMIT

……………….., Date………..200..

APPLICATION FOR RENEWAL OF PRECUT LUMBER TRANSIT PERMIT

To: Import and Export Department – Ministry of Industry and Trade

I. Goods owner: (specify full name, address, phone No., fax)

Kindly request the Ministry of Industry and Trade to renew the precut lumber transit Permit No……granted by the Ministry of Industry and Trade on date………….20..

2. Reason for request of renewal:

...................................................................................................................................

...................................................................................................................................

3. Estimated time of renewal: ( to date………….200.)

4. Address of response document receiving (of the goods owner or carrier):

....................................................................................................................................

....................................................................................................................................

....................................................................................................................................

Attached to this Application is the copy of precut lumber transit Permit No…..granted by the  Ministry of Industry and Trade  on…………200 and the written request for the renewal of goods transit Permit of the Minister of Commerce of the Kingdom of Cambodia (the original)

Note: Adjoining stamp required if the document has 02 sheets or more

ANNEX 5

Date……….200

APPLICATION FOR PERMISSION OF TRANSIT GOODS CONSUMPTION

To: Import Export Department - – Ministry of Industry and Trade

Goods owner: (specify full name, address, phone No., fax)

Kind request the Ministry of Industry and Trade to permit the transit goods consumption under the following contents:

1. Goods transit permit No. ….granted by the Ministry of Industry and Trade on……200 (or Declaration No. …   date…..20…..if without permit for the goods transit)

2. Detailed description:

3. Reason of request for consumption in Vietnam

.................................................................................................................................

.................................................................................................................................

4. Consumption time (estimated):

From date…………….. to date………….)

5. Address of response document receiving (of the goods owner or carrier):.....................................................................................................................

.................................................................................................................................

.................................................................................................................................

Attached to this Application is the copy of the goods transit Permit (if the goods transited under the Permit of the Ministry of Industry and Trade) and the evidencing documents of the force majeure for the transit goods requested for consumption in Vietnam

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