AGREEMENT
ON TRANSIT OF
GOODS BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
The Government of the Socialist Republic of
Vietnam and Government of the People’s Republic of China (hereinafter referred
to as “the Contracting Parties")
Desiring to further strengthen and expand
the economic and trading cooperation relation between the two countries to
develop the economy of both countries on the principles of equality and mutual
benefit through peace negotiation
Have agreed as follows:
Article 1:
The Government of the Socialist Republic of
Vietnam shall permit goods of the People's Republic of China to be exported to
a third country and imported from a third country through the territory of the
Socialist Republic of Vietnam.
The Government of the People's Republic of China
shall permit goods of the Socialist Republic of Vietnam to be exported to a
third country and imported from a third country through the territory of the
People's Republic of China.
Article 2:
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Article 3:
The transit of goods shall comply with the
following regulations:
3.1- Goods shall be transited with permission of
the competent authority of the country through which the goods are transmitted
(hereinafter referred to as “intermediate country”) upon consideration of the
application form for transit of goods submitted by the goods owner of the
country applying for transit.
3.2- Goods shall be transited in compliance with
the customs law of the intermediate country.
3.3- The quantity of goods delivered through the
last exit checkpoint of the intermediate country shall be exactly the same as
that delivered through the first entry checkpoint of the intermediate country.
Loss or damage of goods due to lost or break shall be confirmed in
writing by the customs authority of the place in which the event occurs.
3.4- The routes, border checkpoints and schedule
as provided in the transit license shall be complied with while transporting
transited goods under supervision of the customs authority of the intermediate
country.
3.5- Warehousing of transited goods in the
intermediate country is subject to permission of the country’s customs
authorities, which will put goods under their supervision.
3.6- It is prohibited to sell the transited
goods in the territory of the intermediate country. 3.6- For special cases, the
sale of the transited goods in Vietnam is subject to permission of the Ministry
of Trade of the Socialist Republic of Vietnam; the sale of the transited goods
in China is subject to the Ministry of Foreign Trade and Economic Co-operation
of the People’s Republic of China if the goods are consumed in China; taxes and
other fees shall be paid under law provisions of the intermediate country.
Article 4:
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Article 5:
The Contracting Parties mutually concur that the
transit of goods and relevant procedures shall be done in compliance with
current regulations of the intermediate country.
Article 6:
Goods shall be transited through the following
border checkpoints:
- Huu Nghi – Youyi Guan
- Lao Cai – Hekou
- Dong Dang – Pingxiang
- Mong Cai – Dongxing
In addition, the transited goods may be
transported through international border checkpoints which are opened with
mutual consent of the Governments of the Contracting Parties.
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Payment of fees and expenses incurred on transit
of goods specified in this Agreement shall be made in fully convertible
currency in conformity with regulations of the Agreement on payment and cooperation
between the State Bank of the Socialist Republic of Vietnam and the State Bank
of the People's Republic of China signed in Beijing on May 26, 1003 and
regulations on management of foreign exchange of each country.
Article 8:
Matters not specified in this Agreement shall be
settled based upon regulations of relevant Agreements signed by Vietnam and
China.
Article 9:
The Contracting Parties shall authorize the
Ministry of Trade of the Socialist Republic of Vietnam and the Ministry of
Foreign Trade and Economic Cooperation of the People's Republic of China to
sign specific documents for implementation of this Agreement according to the
reality in each period.
Article 10:
Either one of the Contracting Parties may send a
written proposal for addition or amendments to provisions provided herein
within the effective period of this Agreement. The other Contracting
Party shall give response within 3 months from the day on which such proposal
is received. Provisions amended or added by mutual consent of the
Contracting Parties shall be deemed to be components of this Agreement and have
the same effect as that of this Agreement.
Article 11:
11.1- Disputes arising from interpretation of
this Agreement during implementation shall be settled through diplomatic
channels by competent representatives of the Contracting Parties.
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Article 12:
This Agreement comes into effect from the day on
which it is signed and is valid for 3 years. If none of the Contracting
Parties give the other a written notice of its desire to terminate this
Agreement at least 3 months prior to the expiration of this Agreement, the validity of this Agreement shall be automatically
renewed for consecutive one-year periods.
In case of termination of this Agreement, its
provisions shall still apply to relevant arrangements which have been concluded
prior to the termination date until full completion of such arrangements.
This Agreement is signed in Hanoi on April 04,
1994 and is made into two copies, one of which is in Vietnamese and the other
is in Chinese and both have equal validity.
Plenipotentiaries of the Government of the
Socialist Republic of Vietnam and the Government of the People's Republic of
China.