Circular 11/2015/tt-Bct: Regulations On Transit Cargo Of People's Republic Of China Through The Territory Of The Socialist Republic Of Vietnam

Original Language Title: Thông tư 11/2015/TT-BCT: Quy định về quá cảnh hàng hóa của nước Cộng hòa Nhân dân Trung Hoa qua lãnh thổ nước Cộng hòa xã hội chủ nghĩa Việt Nam

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The CIRCULAR regulates the transit of the goods of the Republic of China through the territory of the Socialist Republic of Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
The base agreement between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China on transit on 09 April 1994;
Pursuant to Decree No. 187/2013/ND-CP on November 20, 2013 of government regulation in detail Trade Law enforcement activities in the international sale of goods and the activities of dealers buying, selling, processing and transiting goods with foreign countries;
At the suggestion of Director of Department of import and export;
Minister of industry and Commerce issued a circular regulating the transit of people's Republic of China through the territory of the Socialist Republic of Vietnam.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates licensing procedures for transit of goods, carriage of goods in transit in accordance with the agreement between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China on transit on 09 April 1994 (hereinafter abbreviated as the agreement).
Article 2. The object that applies to this circular apply to agencies, organizations and individuals involved in activities related to the transit of goods under the provisions of the agreement.
Article 3. Transit goods 1. Prohibited goods for export, the export suspension, all imported, the import suspension is not permitted to transit the territory of Vietnam.
2. For goods not in the case prescribed in clause 1 of this article, the transiting the territory of Vietnam only to be taken after having the license of the Ministry of industry and trade. Chapter II PROCEDURE for TRANSIT LICENSING article 4. Recommended records licensed transit records suggest the transit permit for goods specified in paragraph 2 of article 3 of this circular specifically as follows: 1. license application for transit of goods: 1 (one) original (in the form prescribed in annex I attached to this circular).
2. transit transport contract: 1 (one) copy (had to sign and stamp the primary copies of the home row).
Article 5. The receiving agencies, resolve records 1. For goods specified in paragraph 2 of article 3 of this circular (except for industrial explosives), shippers send 12 (a) the proposed licensing records in transit of goods by post to one of the receiving agencies, resolve the profile as follows: a) export-import management area of Ho Chi Minh City Import and export Bureau-Ministry of industry and trade. Address: 12 Vo Van Kiet, District 1, Ho Chi Minh City, Vietnam;
b) export-import management area in Danang, import and export Bureau-Ministry of industry and trade. Address: 132 Nguyen Chi Thanh, Hai Chau district, Da Nang City, Vietnam;
c) export-import management area Hanoi, import and export Bureau-Ministry of industry and trade. Address: 25 NGO Quyen, hoan Kiem district, Hanoi City, Vietnam.
2. in case of transit goods is explosives industry, shippers send 12 (a) the proposed licensing records in transit of goods by post to the Ministry of industry and trade (export Bureau). Address: 54 Hai BA Trung, hoan Kiem district, Hanoi City, Vietnam.
Article 6. The order, the time limit for settling the record 1. Licensing procedure for the transit of goods specified in paragraph 2 of article 3 of this circular (except for industrial explosives), the order, the time limit for settling the profile as follows: a) the time limit for solving records, licensed transit within 7 working days from the date of receipt of a valid application;
b) where records are incomplete, yet valid, within 3 working days from the date of receiving the application, the licensing agency have written additional request shippers send, edit;
c) case does not permit the transit agency, the license text reply shippers and stating the reason.
2. licensing procedure for the transit of industrial explosives, the order, the time limit for settling the profile as follows: a) within 7 working days of receipt of a valid, full profile of shippers, Industry the prime consideration, decision;
b) within 7 working days from the date of the consent of the Prime Minister, Ministry of Trade licensed transit of goods;
c) case does not permit transit, Industry have shippers and reply text stating the reason.
Chapter III TRANSPORT of GOODS in TRANSIT article 7. Gate Transit 1. Goods in transit are carried through the pair of gate: the gate Name STT gate Name Vietnam China 1 Netherlands 2 Imports of Lao Cai Friendship Friendship 3 Mong Cai Dongxing 4 Copper Posted By the wall 2. In addition to the gate specified in paragraph 1 of this article, goods in transit is made through the international border gate was opened under the agreement of the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China.
Article 8. The transit route of route transit cargo carried under the provisions of circular No. 15/2014/TT-BGTVT dated May 13, 2014 Transportation Department's instructions on the route for transit of goods through the territory of Vietnam.
Article 9. And passenger transport 1. The transit of cargo shippers because the passenger is Vietnam traders comply with legal provisions.
2. where goods in transit is self-propelled vehicles, then transport it to have temporary registration plates by the public security Department, the central city where the import goods gate level and have the certificate about accreditation of technical safety and environmental protection by the transportation industry level before being self-propelled territory transit Vietnam. Private cars the kind of cargo from 9 (nine) seats are not allowed to transit the territory of Vietnam himself.
Article 10. Voucher when making customs procedures for transit cargo shippers or freight payable, presented to Customs transit permits are issued according to Industry regulations this circular transit transport contracts and documents in accordance with the customs legislation.
Article 11. Monitor the cargo in transit the territory of Vietnam 1. The transit of goods subject to the supervision of the customs authority in moving the whole time on the territory of Vietnam; in and out of Vietnam according to the prescribed route, gate; goods exported must equal the amount of row enter, raw, raw event.
2. procedures for storage, demurrage, split shipment in transit; the procedure to port, change the transport of goods in transit is made under the provisions of customs legislation.
3. In the course of carriage, storage on the territory of Vietnam, if goods in transit incidents, losses (such as crashes, damage, loss, ...) then the shippers or freight must promptly notify the customs authority where the incident to establish the minutes confirmed the status of the goods and handled according to legal provisions. The case could not be reported immediately to the Customs shall, depending on the appropriate geographical, shippers or Transport inform the police or border guard or Coast Guard to confirm.
Article 12. Transit time of goods in transit is allowed to stay on the territory of Vietnam in the maximum time is 30 days from the date of completion of the customs formalities at the gate import, except the transit period as defined in article 13 of this circular.
Article 13. Extension of time for transit goods 1. The extension of the transit time of goods due to transit licensing agency review, resolve. Each extension not exceeding 30 days and must not exceed 3 (three) times.
2. The records suggest the extension of the transit time of goods include: a) the text of the proposal to extend the transit time of goods: 1 (one) original;
b) transit permit has been issued: 1 (one) copy (had to sign and stamp the primary copies of the shippers);
c) documents of the Customs transit shipment status: 1 (one) original;
d) customs declarations of the transit shipment: 1 (one) copy (had to sign and stamp the primary copies of the home row).
3. procedures, sequence solving records suggest the extension of transit time is as follows: a) shippers send 12 (a) the records specified in paragraph 2 of this Article by mail to the competent authorities solve the renewal time in transit of goods specified in Paragraph 1 of this article;
b) the time limit for settling the records suggest the extension of transit time within 7 working days from the date of receipt of a valid application;
c) where records are incomplete, yet valid, within 3 working days from the date of receiving the application, the competent authority specified in paragraph 1 of this article have shippers send text additional requirements, editing;
d) case does not allow time for transit of goods, the competent agency specified in clause 1 of this article have written reply shippers and stating the reason.
Article 14. Changes to Gate Transit 1. Changing the gate import export, within the scope of the provisions of article 7 of this circular by the licensing agency transit review, resolve.
2. The records suggest change Gate Transit include: a) the suggested text changes to gate transit of cargo owners: 1 (one) original;
b) transit permit has been issued: 1 (one) copy (had to sign and stamp the primary copies of the shippers);
c) documents of the Customs transit shipment status: 1 (one) original;
d) customs declarations of the transit shipment: 1 (one) copy (had to sign and stamp the primary copies of the home row).
3. procedures, sequence solving records suggest change gate transit as follows:

a) shippers send 12 (a) the records specified in paragraph 2 of this Article by mail to the competent authorities addressed the changing Gate Transit provided for in Paragraph 1 of this article;
b) the time limit for settling the records suggest change gate transit within 7 working days from the date of receipt of a valid application;
c) where records are incomplete, yet valid, within 3 working days from the date of receiving the application, the competent authority specified in paragraph 1 of this article have shippers send text additional requirements, editing;
d) case does not allow changes to gate transit, the competent agency specified in clause 1 of this article have written reply shippers and stating the reason.
Article 15. Goods in transit 1. Goods in transit are not allowed to consume on the territory of Vietnam.
2. The special case, the consumption of goods in transit on the territory of Vietnam must obtain permission of the Industry. 3. The consumption of goods in transit in the case outlined in paragraph 2 of this Article must be made via traders and Vietnam must import procedures at the Customs according to the legal provisions on the management of import and export. Taxes done according to legal provisions.
4. recommended profiles allow the consumption of goods in transit: a) petition to allow the transit of goods, consumption goods owners: 1 (one) original (in the form prescribed in annex IV attached to this circular);
b) transit permit has been issued: 1 (one) copy (had to sign and stamp the primary copies of the shippers; c) documents prove the special case for goods in transit should be consumed in Vietnam;
d) certificate of the Customs transit shipment status: 1 (one) original;
DD) customs declarations of the transit shipment: 1 (one) copy (had to sign and stamp the primary copies of the home row).
5. The order, the time limit for settling the suggested profile allows the transit goods consumption as follows: a) shippers send 12 (a) the records specified in paragraph 4 of this Article by mail to the Ministry of trade (import-export Bureau, address: 54 Hai BA Trung, hoan Kiem district, Ha Noi city , Vietnam) to be considered settled the consumption of goods in transit;
b) the time limit for settling the suggested profile allows the consumption of goods in transit within 15 working days from the date of receipt of a valid application;
c) where records are incomplete, yet valid, within 7 working days from the date of receiving the application, Industry have shippers send text additional requirements, editing;
d) case does not permit the consumption of goods in transit, Industry have shippers and reply text stating the reason.
Article 16. The rights and obligations of shippers and cargo transit 1. Shippers, who transport the active implementation of the transit of goods through the territory of the Socialist Republic of Vietnam have the rights and obligations prescribed in the Convention, the text of this circular and other related laws.
2. transit cargo Owners must pay customs fees and fees applicable to transit goods according to legal provisions.
Article 17. Foreign Exchange Management and payment Of fees, costs arising from the transit operations to be paid in the currency freely convertible matching provisions of payment agreements and cooperation between the State Bank of Vietnam and the people's Bank of China, signed on 16 October 2003, and the provisions of the current law on the management of foreign exchange.
Chapter IV the TERMS OF IMPLEMENTATION of Article 18. Implementation 1. Import-export management area of Ho Chi Minh City, regional import/export management, import-export management of the Hanoi area (export Bureau-Ministry of industry and trade) made the transit permit specified in Clause 1 6 of this circular.
2. Import and export Bureau received, verified records of the procedures prescribed in item 2 article 6, paragraph 5 article 15 of this circular and the led Industry, review the decision.
Article 19. Effect 1. This circular effect since 20 July 2015, 2. This circular replaces decision No 305/2001/QD-BTM on 26 March 2001 the Minister of Commerce issued regulations on commodities of the people's Republic of China to transit the territory of the Socialist Republic Vietnam.
3. This circular rescinded decision No. 0336/2005/QD-BTM on 08 March 2005 of the Minister of trade on the decision of the Minister of Commerce authorizations for the import-export management licensed merchandise of the people's Republic of China to transit the territory of the Socialist Republic Vietnam.
4. The license granted before the date of this circular effect is made according to the duration of the license.