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The Decision 305/2001/qd-Btm: Enacting The Regulations On Goods Of The People's Republic Of China Republic Territory Scene Hoaquá Socialist Vietnam

Original Language Title: Quyết định 305/2001/QĐ-BTM: Ban hành Quy chế về hàng hoá của Cộng hoà Nhân dân Trung Hoaquá cảnh lãnh thổ Cộng hoà Xã hội Chủ nghĩa Việt Nam

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Promulgating the regulations on goods of the people's Republic of China to transit the territory of the Socialist Republic of Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the SECRETARY of COMMERCE pursuant the agreement between the Government of the Socialist Republic of Vietnam and the Government of the people's Republic of China on transit goods signed on 9/4/1994;

Pursuant to Decree 58/1998/ND-CP dated 31/7/1998 of the Government regulation in detail trade law on export activities, importing, processing and sales agents of foreign goods;

After the consultation of the Ministry of transportation, the General Department of customs;

Decision: article 1-attached to this decision on the regulation of the people's Republic of China to transit the territory of the Socialist Republic of Vietnam.

These rules replace regulations on goods of the people's Republic of China to transit the territory of Vietnam attached to decision No 8/TM-EXPORT on 25/6/1994 of the Minister of Commerce and decision No. 1636/TM-EXPORT on 29/12/1994 of the Ministry of Commerce on adjusting a score in regulation on goods of the people's Republic of China territory transit Vietnam territory attached to decision No 8/TM-EXPORT on 25/6/1994.

Article 2.-the decision has effect after 15 days from the date of signing.

 REGULATIONS on goods of the people's Republic of China to transit the territory of the Socialist Republic of Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (attached to decision No. 0305/2001/QD-BTM on 26 March 2001 by the Ministry of trade) i. GENERAL PROVISIONS 1. The goods stated in these rules are the goods of the shippers in the Republic of China to transit through the territory of the Socialist Republic of Vietnam to third countries or from third countries of the Republic of China has gone through the territory of Vietnam.

2. The goods are in transit through the territory of Vietnam except for the goods in the list of goods banned for export, Vietnam banned imports.

3. Goods in transit the territory of Vietnam must be The trade of the Socialist Republic of Vietnam allow touch-based application for the transit of the goods of the Republic of China.

4. transit transport of goods of the Republic of China by the Vietnam business Vietnam transits made.

5. Goods in transit subject to customs surveillance of Vietnam during Vietnam, territory flow into and out of Vietnam in the correct entry, the line regulation, the output must equal weight weight enter, raw, raw event.

6. Goods in transit on the territory of Vietnam during the period up to 30 days from the date of completion of the customs formalities in import gate. This time limit may be Customs Bureau is monitoring the shipment of renewal, renewal 30 days and a maximum of no more than 3 times.

7. Shippers must submit transit customs fees and fees applicable to transit goods according to the current rules of the State of Vietnam.

8. transit Goods are not consumed on the territory of Vietnam. Special cases must be permitted by the Minister of trade of the Socialist Republic of Vietnam.

9. storage procedure, transit goods, demurrage to port procedures, changes to transport transit cargo, cargo transit renewal each shipment made under the guidance of Vietnam customs.

II. TRANSIT CARGO GATE The transit of goods across the border in China is done through the following gate folder: name Name Vietnam gate gate of Lao Cai China Ha Password Friendship Friendship Mong Cai Dong hung Dong Dang (iron gates) By the wall (rail gate) in addition the transit goods will be going through the international border gate that the two main Government of Vietnam and China agreed to open more later.

III. The RULES On LICENCES And TRANSIT TRANSPORT 1. Shippers demand China transit transit of goods in transit claims must be sent to the regular trade of the Socialist Republic of Vietnam (according to the model No. 1 attached to this Regulation) to be licensed transit of goods (according to the model No. 2 attached to this Regulation). Transit goods licence granted for a valuable contract to transport multiple shipments a year for the remainder of the prescribed in the transit permit.

2. Vietnam business transit goods transportation for shippers to transit China must present to the Vietnam border gate customs the following documents: a) transit goods licence of the Ministry of trade of the Socialist Republic of Vietnam to grant Chinese shippers to transit goods.

b) certificate from the relevant goods according to the provisions of the General Department of customs c) contract of carriage of goods in transit with Chinese shippers.

3. If the transit goods is self-propelled vehicles, then transport it to have temporary registration plates by the Department of public safety province of central cities, where a gate to enter the row level and have a temporary certificate of technical safety testing and environmental protection because the transportation sector level before being self-propelled Free territory transit South.

IV. OTHER PROVISIONS 1. Changing shipping routes or gate export, import goods will review by the Ministry of Commerce to resolve on the basis of the text proposed by China transit shippers.

2. In the course of transport the stored on the territory of Vietnam if the goods transit incidents (crash, loss, damage, ...) then the transport business must promptly notify the Customs (where no Customs shall inform the local government where the closest from the town) where the crash set the minutes confirmed the condition of the goods. The minutes confirmed the incident was the basis for the Customs gate production export procedures for the shipment.

3. Disputes arising between enterprises and Vietnam transit goods from China in the process of implementing the transit transport contract will by the parties to resolve through negotiations. If negotiations do not achieve results, then the dispute will do Vietnam international arbitration centre next to the Vietnam Chamber of Commerce and industry.

4. The fees and costs arising from the transit operations are paid according to the provisions of the "payment agreements and cooperation between the State Bank of Vietnam and the people's Bank of China", signed on 26 May 1993, and the current regulations on Foreign Exchange Management of the State Bank of Vietnam.

5. organizations and individuals violating the provisions of this regulation will be dealt with according to the law of Vietnam.