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THE
MINISTRY OF TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
305/2001/QD-BTM
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Hanoi
, March 26, 2001
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DECISION
OF PROMULGATING
THE REGULATION ON THE PEOPLE’S REPUBLIC OF CHINA’S GOODS TRANSITING THE
TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM
THE MINISTER OF TRADE
Pursuant to the Agreement signed on April 9,
1994 between the Government of the Socialist Republic of Vietnam and the
Government of the People’s Republic of China on goods transit;
Pursuant to the Government’s Decree No. 57/1998/ND-CP of July 31, 1998
detailing the implementation of the Commercial Law regarding goods export,
import, processing and sale/purchase agency 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 People’s Republic of China’s goods transiting
the territory of the Socialist Republic of Vietnam.
This Regulation shall replace the Regulation on
the People’s Republic of China’s goods transiting the Vietnamese territory,
issued together with the Trade Minister’s Decision No. 08/TM-XNK of June 25,
1994 and the Trade Ministry’s Decision No. 1636/TM-XNK of December 29, 1994
adjusting a number of points in the Regulation on the People’s Republic of
China’s goods transiting the Vietnamese territory, issued together with
Decision No. 08/TM-XNK of June 25, 1994.
Article 2.- This Decision takes effect 15
days after its signing.
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MINISTER OF TRADE
Vu Khoan
REGULATION
ON THE PEOPLE’S
REPUBLIC OF CHINA’S GOODS TRANSITING THE TERRITORY OF THE SOCIALIST REPUBLIC OF
VIETNAM
(Issued together with the Trade Minister’s Decision No. 305/2001/QD-BTM of
March 26, 2001)
I. GENERAL PROVISIONS
1. Goods mentioned in this Regulation mean goods
of the People’s Republic of China’s owners, which transit the territory of the
Socialist Republic of Vietnam en route a third country, or from a third country
transiting the Vietnamese territory to the People’s Republic of China.
2. Goods of various types may be transited
through the Vietnamese territory, except those on the Vietnam’s list of goods
banned from import and export.
3. The transit of goods through the Vietnamese
territory must be permitted by the Socialist Republic of Vietnam’s Trade
Ministry on the basis of the application for goods transit filed by goods
owners of the People’s Republic of China.
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5. Transit goods shall be subject to the
supervision of Vietnamese Customs during their transportation on the Vietnamese
territory; brought in and out of Vietnam through the prescribed border-gates
and routes; the volume of goods brought out must be the same as that brought
in, with hoops and bales kept intact.
6. Transit goods may be kept on the Vietnamese
territory for a maximum duration of 30 days as from the date of completing the
customs procedure at the import border-gates. This duration may be extended by
the provincial/municipal Customs Departments supervising of the goods lots for
three times at most and each time must not exceed 30 days.
7. The transit goods owners shall have to pay
customs fees and other charges applicable to transit goods according to current
regulations of Vietnamese State.
8. The transit goods must not be consumed on the
Vietnamese territory. For special cases, the permission of the Trade Minister
of the Socialist Republic of Vietnam is required.
9. The procedures for storing transit goods in
warehouses, storage yards; the procedures for transshipment of transit goods;
and the procedures for the extension of the transit duration of each goods lot
shall comply with the guidance of Vietnamese Customs.
II. BORDER GATES FOR TRANSITING GOODS
The transit of goods through Vietnam-China
border shall be effected through the following border gate pairs:
Names of Vietnam’s Names of China’s
border-gates border-gates
Lao Cai Hokou
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Mong Cai Tonghsiang
Dong Dang (railway Pengxiang (railway border
gate) border gate)
Besides, transit goods may be transported
through international border gates which the Vietnamese and Chinese governments
agree to open later.
III. PROVISIONS ON PERMITS AND THE
TRANSPORTATION OF TRANSIT GOODS
1. The Chinese transit goods owners, if wishing
to transit their goods, shall have to send an application for goods transit to
the Socialist Republic of Vietnam’s Trade Ministry for being granted permits
for the transit of goods. A goods transit permit granted once for a contract
shall be valid for the transportation of several goods lots in one year as
prescribed in the transit permit.
2. Vietnamese enterprises which transport goods
for Chinese transit goods owners shall have to produce to the Vietnamese
border-gate customs offices the following documents:
a/ Goods transit permits granted by the
Socialist Republic of Vietnam’s Trade Ministry to the Chinese transit goods
owners;
b/ Relevant goods vouchers as prescribed by the
General Department of Customs;
c/ Contracts on the transportation of transit
goods signed with the Chinese goods owners.
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IV. OTHER PROVISIONS
1. The changes of transport routes or goods
export/import border gates shall be considered and settled by the Ministry of
Trade on the basis of the written requests of the Chinese transit goods owners.
2. In the process of transportation and storage
in the Vietnamese territory, if anything happens to the transit goods (being
broken, lost or damaged…), the transporting enterprises must promptly notify
such to the customs offices (where the customs office is not available, to
notify the nearest local administrations of communal or higher level) in the
localities where the incidents have occurred so that the latter can make
certification of the state of goods. The written incident certification shall
serve as basis for the export border-gate customs offices to carry out export
procedures for the goods lots.
3. Disputes arising between Vietnamese
enterprises and Chinese transit goods owners during the process of performing
contracts on the transportation of transit goods shall be settled by involved
parties through negotiations. If negotiations fail, such disputes shall be
settled by the Vietnam International Economic Arbitration, attached to the
Vietnam’s Chamber of Commerce and Industry.
4. The payment of fees and expenditures arising
from transit activities shall be made in accordance with the provisions of the
Agreement on payment and cooperation between the Vietnam State Bank and the
China People’s Bank signed on May 26, 1993 and current regulations on foreign
exchange management of the Vietnam State Bank.
5. Organizations and individuals that violate
the provisions of this Regulation shall be handled according to current laws of
Vietnam.-
THE STATE BANK OF VIETNAM
Decision No. 90/2001/QD-NHNN of February 7, 2001
promulgating the Regulation on the opening, establishment and termination of
operations of commercial banks’ transaction bureaus, branches, representative
offices and public-service units
Commercial banks’ transaction bureaus are
dependent units, which have their own seals and are tasked to perform part of the
commercial banks’ operations and several branch-related functions under the
authorization of such commercial banks.
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Commercial banks’ representative offices are
dependent units, which have their own seals and perform the tasks of
representation under the authorization of the commercial banks. Representative
offices shall not be allowed to conduct business operation.
Commercial banks’ public-service units are
dependent units, which have their own seals and perform the tasks of
researching and applying banking technology, providing professional and
technical training and fostering for officials and employees of the commercial
banks as well as other tasks assigned by such commercial banks in accordance
with law provisions.
Commercial banks shall open, establish and
terminate the operation of their transaction bureaus, branches, representative
offices and public-service units according to the Regulation issued together
with this Decision.
This Decision takes effect 15 days after its
signing.
This Decision replaces the provisions in the
following documents:
- Decision No. 175/QD-NH5 of July 3, 1996 of the
State Bank Governor promulgating the Regulation on the opening, operation and
termination of operation of domestic branches and representative offices of
Vietnamese joint-stock commercial banks.
- Other documents related to the opening,
establishment and termination of operation of transaction bureaus, branches,
representative offices and public-service units of commercial banks issued by
the State Bank, which are contrary to this Decision.- (Summary)