| THE MINISTRY OF TRADE Number: 1732/2000/QD-BTM |
| SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness Ha Noi , December 13, 2000 |
DECISION No. 1732/2000/QD-BTM OF DECEMBER 13, 2000 PROMULGATING THE REGULATION ON THE KINGDOM OF CAMBODIA�S GOODS TRANSITING THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM
THE MINISTER OF TRADE
Pursuant to the Agreement on Transit Goods signed between the Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Cambodia on September 7, 2000;
Pursuant to the Government�s Decree No. 57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial Law regarding the goods import, export, processing, and sale-purchase agency activities with foreign countries;
After consulting with the Ministry of Communications and Transport and the General Department of Customs,
DECIDES:
Article 1.- To issue together with this Decision the Regulation on the Kingdom of Cambodia�s goods transiting the territory of the Socialist Republic of Vietnam.
This Regulation replaces the Regulation on the Kingdom of Cambodia�s goods transiting Vietnam�s territory, issued together with the Trade Minister�s Decision No. 1162/TM-XNK of September 20, 1994; Decision No. 123/TM-XNK of February 27, 1995 and Decision No. 689 TM/XNK of August 9, 1996.
Article 2.- This Decision takes effect 15 days after its signing.
Minister of Trade
VU KHOAN
REGULATION ON THE KINGDOM OF CAMBODIA�S GOODS TRANSITING THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM
(Issued together with the Trade Minister�s Decision No. 1732/2000/QD-BTM of December 13, 2000)
I. GENERAL PROVISIONS
1. Transit goods mentioned in this Regulation mean Cambodian owners� goods transiting Vietnam�s territory en route a third country, or from a third country to Cambodia, or transiting Vietnam�s territory from one to another locality of Cambodia.
2. The transit of goods banned from export or import (except the transit of timber and timber products, which are subject to separate regulations) shall be stipulated as follows:
2.1. The transit of goods strictly banned by international laws and practices such as narcotics, toxic chemicals, radioactives, cultural products which are depraved or detrimental to Vietnam�s independence, sovereignty and security, rare and precious flora and fauna species which are in danger of extinction is prohibited;
2.2. The transit of weapons and ammunitions, explosives and military equipment for Cambodia�s defense and national security purposes through Vietnam�s territory must be permitted in writing by Vietnam�s Trade Minister on the basis of the written proposal of the Kingdom of Cambodia�s Minister of Trade;
2.3. The transit of goods, which are on Vietnam�s list of those banned from export or import but not banned in Cambodia, shall be implemented as follows:
a/ When the goods are transited by waterway through Tien river (Cuu Long - Mekong river) through waterway border gate pairs defined in Section II of this Regulation, the goods owners or the transport means owners legally authorized by the goods owners (called the carriers for short), shall carry out the customs procedures for the goods at the border gates� customs offices without applying for the transit permits at the Trade Ministry.
b/ When the goods are transited by land through land border gate pairs defined in Section II of this Regulation, the goods owners or the carriers must apply for the transit permits at the Trade Ministry (the Export and Import Management Section of Ho Chi Minh city) on the basis of the transit application, certified by the Kingdom of Cambodia�s Trade Ministry.
3. The transit of timber and timber products shall be implemented as follows:
3.1. The transit of logs (either peeled or unpeeled or having splint-wood removed or not, or in crude and square form) is prohibited;
3.2. The transit of sawn timber shall be effected only under the Trade Ministry�s transit permits on the basis of the written proposal of the Kingdom of Cambodia�s Trade Minister;
3.3. When transiting timber products of other kinds, the goods owners or the carriers shall carry out the procedures for full and valid declarations at the border gates� customs offices without having to apply for the transit permits.
4. When transiting goods of other kinds not defined in Clauses 2 and 3 of Section I above by land or waterway, the goods owners or the carriers shall only carry out the customs procedures at the border gates� customs offices without having to apply for the transit permits.
5. Transit goods shall be subject to the Vietnamese Customs� supervision during their transportation on Vietnam�s territory; brought in and out of Vietnam through the prescribed border gates and routes; the volume and types of goods brought out must be the same as those brought in, with hoops and bales kept intact.
6. Transit goods may be kept on Vietnam�s territory for 30 days at most after the customs procedures at the import border gates have been completed. This duration may be extended by the Trade Ministry (in case of transit goods under permits) or the provincial/municipal Customs Departments that are supervising the transit goods lots (in case of regular transit goods). Each extension must not exceed 30 days and a transit goods lot may be extended for three times at most.
7. The transit goods owners must pay the customs fees and other charges, applicable to transit goods according to current regulations of the Vietnamese State.
8. Transit goods must not be consumed in Vietnam�s territory; for special cases, such must be permitted by Vietnam�s Trade Minister.
9. The procedures for entry and exit of transport means and escort; the procedures for storing transit goods in warehouses, storage yards; the procedures for transshipment of transit goods shall comply with the guidance of Vietnamese Customs.
II. BORDER GATES FOR TRANSITING GOODS
The transit of goods through the Vietnam-Cambodia border shall be effected through the following border gate pairs:
Names of Vietnam�s border gates Names of Cambodia�s border gates
1. Vinh Xuong - Thuong Phuoc Caom Samno Coc Roca
Tien river (Cuu Long) Mekong river
(An Giang - Dong Thap) (Kandal - Pray Veng)
2. Moc Bai (Tay Ninh) Bavet (Svay Rieng)
Road No. 22A Road No. 1
3. Xamat (Tay Ninh) Torapeng Pholong (K.P Cham)
Road No. 22B Road No. 7
4. Bu Porang (Daklak) O Reng (Mundolkiri)
Road No. 14 Road No. 14
5. Le Thanh (Gia Lai) Andong Pech (Ratanak Kiri)
Road No. 19 Road No. 19
6. Bonue (Binh Phuoc) Xnun (Kratie)
Road No.13 Road No. 13
7. Tinh Bien (An Giang) Phnom Den (Takeo)
Road No. 2 Road No. 2
8. Xa Xia (Kien Giang) Loc (Kampot)
Road No. 17 Road No. 17
III. REGULATIONS ON PERMITS AND TRANSPORT OF TRANSIT GOODS
1. The application for transit permits and the extension of transit permits for goods transited under permits shall be carried out as follows:
- Cambodia�s transit goods owners or carriers shall send the Cambodian Trade Minister�s written proposal to the Trade Ministry, for goods being weapons and ammunition, explosives and military equipment for Cambodia�s national defense and security purposes, and goods being sawn timber.
- The transit goods owners or the carriers shall send the application for goods transit or the written application for extension, certified by the Cambodian Trade Ministry, to the Export and Import Management Section of Ho Chi Minh City, for goods transited under permits.
2. For the transit goods which do not require without the Trade Ministry�s permits, the extension of transit duration shall be effected on the basis of the written proposals of Cambodia�s transit goods owners or carriers, sent to the provincial/municipal Customs Departments that are supervising the goods lots before they are due to be delivered out of Vietnam.
3. Cambodia�s transit goods owners may transport the goods and carry out the transit procedures by themselves or hire Vietnamese enterprises to do so in cases where the goods are transited by land. If the goods are transited by waterway, Cambodia�s transit goods owners may transport the goods and carry out the transit procedures by themselves or hire Vietnamese enterprises or enterprises of the third country to do so.
4. Cambodia�s transit goods owners or carriers must produce the following documents to the Vietnamese border gates� customs offices:
4.1. The relevant goods vouchers as prescribed by the General Department of Customs.
4.2. The transit permits and/or the written extensions of transit permits issued by the Trade Ministry (in case of the transit under permits).
4.3. The Vietnam-Cambodia international land transport permits granted by competent bodies of the Communications and Transport service (if any).
4.4. The provincial/municipal Customs Directors� documents permitting the storing of transit goods in warehouses, yards for 30 days or more, the change of transport means or goods packings (if any); the document permitting the transit extension (if any).
4.5. In cases where Cambodia�s transit goods owners hire Vietnamese enterprises or enterprises of the third country to provide transit goods transport services, apart from the dossiers mentioned at Points 4.1, 4.2, 4.3 and 4.4 above, the Vietnamese enterprises or enterprises of the third country must also produce to the customs offices the transit goods transport contracts signed with Cambodia�s transit goods owners or forwarding agents authorized by Cambodia�s transit goods owners.
5. The transport means of Vietnam, Cambodia or the third country, which are involved in the transport of transit goods by land or waterway must observe the Agreement on Land Transport signed on June 1, 1998 and the Agreement on Water Transport signed on December 13, 1998 by 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. The change of transport routes or border gates for export and import of transit goods shall be considered and settled by the Trade Ministry (in case of goods transited under permits) or the provincial/municipal Customs Departments supervising the goods lots (in case of ordinary transit goods) on the basis of the written proposals of Cambodia�s transit goods owners.
2. In the process of transport or warehousing on the Vietnam�s territory, if anything happens to the transit goods (being broken, lost or damaged,...), Cambodia�s transit goods owners (or carriers) must promptly notify the customs offices (where the customs offices do not exist, to notify the nearest local administrations of commune or higher level) in localities where such incidents have occurred so that the latter can make written certification of goods� state. The written certification shall serve as basis for the export border gates� customs offices to carry out the export procedures for the goods lots.
3. Disputes arising in the process of performing transit goods transport contracts between Vietnamese enterprises and Cambodia�s transit goods owners shall be settled by the parties through negotiation. If the negotiations fail, the disputes shall be settled by Vietnam�s International Arbitration Center, attached to Vietnam�s Chamber of Commerce and Industry.
4. The payment of fees and expenditures arising from transit activities shall be made in accordance with Vietnam State Bank�s regulations on payment of services with foreign countries and relevant documents of the Vietnamese State.
5. Organizations and individuals that violate the provisions of this Regulation shall be handled according to current laws of Vietnam.-
(Signed) | |||
Vu Khoan | |||