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BỘ
NGOẠI GIAO
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CỘNG
HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số:
25/2012/TB-LPQT
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Hà
Nội, ngày 23 tháng 4 năm 2012
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định của Luật Ký kết,
gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông
báo:
Bản ghi nhớ giữa Chính phủ các
quốc gia thành viên Hiệp hội các quốc gia Đông Nam Á và nước Cộng hòa nhân dân
Trung Hoa về hợp tác hải quan, ký tại Nây-pi-tô ngày 14 tháng 6 năm 2011, có hiệu
lực đối với Việt Nam và các Bên ký kết khác kể từ ngày 14 tháng 6 năm 2011.
Bộ Ngoại giao trân trọng gửi Bản
sao Bản ghi nhớ theo quy định tại Điều 68 của Luật nêu
trên./.
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TL.
BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Thị Tuyết Mai
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE GOVERNMENTS OF THE MEMBER STATES OF THE
ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE PEOPLE'S REPUBLIC OF CHINA ON
CUSTOMS COOPERATION
The Governments of Member States
of the Association of Southeast Asian Nations comprising Brunei Darussalam, the
Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic
Republic (Lao PDR), Malaysia, the Republic of the Union of Myanmar, the
Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand
and the Socialist Republic of Viet Nam (hereinafter referred to collectively as
'ASEAN" or "ASEAN Member States") and the Government of the
People's Republic of China (hereinafter referred to as "China") (hereinafter
referred to collectively as the "Parties", or singularly (that is,
each ASEAN Member State and China) as a "Party");
DESIRING to further
promote the strategic partnership between ASEAN Member States and the People's
Republic of China in customs matters and related areas in the realization of
the Customs Administration's role in the 21st Century;
APPRECIATING ASEAN
Customs Administrations' work to establish the ASEAN Community (ASEAN
Political-Security Community, ASEAN Economic Community and ASEAN Socio-Cultural
Community);
RECALLING the Parties'
initiative to expand economic cooperation and customs partnership that
contributes to deepening trade and investment linkages between the Parties and
formulate action plans and programmes in order to implement the agreed
sectors/areas of cooperation;
NOTING the provisions of
the General Agreement on Tariffs and Trade (GATT) 1994, international best
practices and global initiatives of trade facilitation, and the International
Convention on the Simplification and Harmonization of Customs Procedures
(Revised Kyoto Convention) as
well as other internationally accepted legal instruments to realize trade
efficiency, to secure and facilitate international supply chain and to
modernize customs practices and procedures;
RECALLING Article 2 (f)
of the Framework Agreement on Comprehensive Economic Co-operation between ASEAN
and the People's Republic of China (ASEAN-China Framework Agreement), that the
Parties agree to negotiate expeditiously in order to establish the ASEAN-China
Free Trade Area within 10 years, and to strengthen and enhance economic
co-operation through the establishment of effective trade and investment
facilitation measures, including, but not limited to, simplification of customs
procedures and development of mutual recognition arrangements;
PURSUANT to the measures
and actions identified by the Parties for customs reform and modernization as
well as trade facilitation;
PURSUANT to the global
customs agenda such as the World Customs Organization Framework of Standards to
Secure and Facilitate Global Trade (WCO SAFE Framework of Standards);
REALIZING the vast
potential for cooperation between the Parties in promoting customs partnership
for sustainable development;
MINDFUL of the different
levels of economic development and diverse cultural backgrounds of the Parties;
and
IN THE SPIRIT of building
solid foundations for medium and long-term partnership towards substantial
enhancement of service to the public, industries and businesses;
HAVE AGREED on the
following:
ARTICLE I.
Objectives
The Parties, subject to the
terms of this Memorandum of Understanding, and the laws, rules, regulations and
national^ policies from time to time in force in the respective ASEAN Member
State and in China, agree to strengthen, promote and develops customs
cooperation among the Parties on the basis of equality and mutual benefit based
on the following objectives:
1. To facilitate international
trade and economic exchanges to realize commitments under the ASEAN-China Free
Trade Area taking into account international standards and best practices;
2. To strengthen dialogue and
cooperation on customs matters and trade issues as related to customs matters
in ASEAN and China;
3. To further the strategic
directions as set out in the "Customs in the 21st Century" policy
document adopted by the World Customs Organization (WCO);
4. To promote the adoption of
international standards and best practices on customs matters towards the
realization of the ASEAN Economic Community;
5. To strengthen human resource
development and capacity building for modernization of customs practices for
the customs administrations of the Parties; and
6. To promote the dissemination
of information, including the updating of customs legislation, for better transparency,
certainty and predictability of customs operations.
ARTICLE Il.
Areas of Co-operation
The Parties have identified the
following areas of common and mutual interest for the medium and long-term
co-operation, among others:
1. Development of customs techniques,
including but not limited to, tariff classification, customs valuation, origin
determination and verification, post clearance audit, risk management/
intellectual property rights border measures, customs control, enforcement,
free zone management and simplification of customs procedures:
2. Human resource development
and capacity building;
3. Application of information
and communication technology (ICT) in customs operations;
4. Promotion of implementation
of the WCO SAFE Framework of Standards and other international conventions on
trade facilitation; and
5. Sharing and exchange of
information and intelligence: in accordance with the respective national laws
and administrative provisions of the Parties.
ARTICLE III.
Dialogues and Consultations
The Parties will conduct
consultations, as and when necessary, and dialogues with a view to timely
implementation of commitments under this Memorandum of Understanding and
customs matters under the ASEAN-China Framework Agreement.
ARTICLE IV.
Transparency
The Parties will endeavor to
consistently disseminate regulatory information to the trading community in a
timely manner with a view to fostering compliance with the customs laws and
related legislation to the extent allowed by the national laws of the respective
Parties.
ARTICLE V.
Financial Arrangements
The financial arrangements to
cover expenses for the cooperative activities carried out within the framework
of this Memorandum of Understanding shall be mutually agreed upon by the
respective Parties on a case-by-case basis subject to the availability of
funds.
ARTICLE VI. Human Resource
Development and Capacity Building
1. The Parties will strengthen
the cooperation in human resource development through various activities such
as exchange of visits of senior customs officers of the Parties to promote
better understanding of customs laws of the Parties.
2. China will endeavor to
support ASEAN in organizing activities for capacity building in the following
areas:
a) post clearance audit;
b) e-Customs;
c) risk management;
d) customs reform and
modernization;
e) protection of intellectual
property rights; and
f) Any other customs-related
areas mutually agreed by the Parties.
3. China will assist, within its
capacity, the Customs Administrations of ASEAN Member States in carrying out
their customs reform and modernization programmes.
4. The specific details of the
activities referred to in paragraphs 2 and 3 shall be discussed and agreed upon
by the Parties involved in the activities.
ARTICLE VII.
Customs Techniques
1. The Parties will exchange
views and perspectives on modernization of customs practices and procedures
taking into consideration international standards and best practices as
established by the World Trade Organization (WTO), WCO, and other relevant international
organizations.
2. The Parties will endeavor to
explore areas of simplification and harmonization of customs procedures and
practices for the effective implementation of the ASEAN-China Framework
Agreement and its related instruments.
3. Customs Administrations of
the Parties shall share experience on measures and initiatives pertaining to
trade facilitation, in particular, administration of free zones, authorized
economic operators: among others.
ARTICLE
VIII. Information and Intelligence Sharing
The Parties will endeavor to
co-operate in sharing information and intelligence related to the enforcement
of customs laws and customs-related legislation and regulations, to the extent
permissible by the national laws and administrative provisions of the
respective ASEAN Member States and of China, and subject to the competence of
their respective Customs Administrations and the availability of resources.
ARTICLE IX.
Consultation on issues of common interest
The Parties shall consult on
issues of common interest when those issues are discussed under the framework
of such international organizations as the WCO, to endeavor to develop common
position and to strengthen their cooperation.
ARTICLE X.
Implementation
1. The Customs Administrations
of the respective ASEAN Member States and the General Administration of Customs
of the People's Republic of China (GACC) shall be responsible for the
implementation of this Memorandum of Understanding.
2. The Heads of Customs
Administrations of the Parties shall provide guidance and supervision in the
implementation of this Memorandum of Understanding.
3. A consultation meeting among
the Heads of Customs Administrations of the Parties shall be held at least once
a year and as and when the need arises, to review the implementation of this
Memorandum of Understanding.
4. In order to strengthen
communication and cooperation on technical matters, the Parties may assign
relevant committees or working groups to study and consult on specific issues
as and when required.
5. The ASEAN Secretariat is
designated as the contact point for ASEAN and the Department of International
Cooperation of the GACC is designated as the contact point for China. ASEAN
Member States shall designate their respective national contact points which
shall be notified officially to the Parties by the ASEAN Secretariat.
ARTICLE XI.
Confidentiality
1. Each Party shall, in
accordance with its laws and regulations, undertake to observe the
confidentiality of information, document, data received from or supplied to the
other Parties in the course of the implementation of this Memorandum of
Understanding or any other agreement made pursuant to this Memorandum of
Understanding except disclosure to the extent as authorized in writing to do so
by the Party giving or supplying the information, document or data, as the case
may be.
2. The Parties agree that the
provisions of this Article shall continue to be binding between the Parties
notwithstanding the termination of this Memorandum of Understanding.
ARTICLE
XII. Amendment
1. A Party may request in
writing for an amendment of all or part of this Memorandum of Understanding.
2. Any amendment agreed to by
the Parties shall be reduced into writing and shall form part of this
Memorandum of Understanding.
3. Such amendment will come into
force on such date as agreed to by the Parties and shall not have retrospective
effect.
4. Any amendment shall not
affect the rights and obligations arising from or based on this Memorandum of
Understanding prior to the date of coming into force of such amendment.
ARTICLE
XIII. Suspension
Each Party reserves the right,
for reasons of national security, national interest, public order or public
health, to suspend temporarily, either in whole or in part, the implementation
of this Memorandum of Understanding by giving the other Parties notice in
writing and such suspension shall take effect on the date on which the last
Party receives written notification through diplomatic channels.
ARTICLE
XIV. Settlement of Dispute
Any dispute or differences
arising out of the interpretation and/or implementation of the provisions of
this Memorandum of Understanding shall be settled amicably through consultation
between the disputing Parties without reference to any third party or any
international tribunal.
ARTICLE XV.
Entry into Force, Duration and Termination
1. This Memorandum of
Understanding shall enter into force on the date of its signing
2. This Memorandum of
Understanding shall be of unlimited duration but any Party may terminate it at
any time by giving notice to the other Parties in writing.
3. The termination shall take
effect on the date on which the last Party receives written notification
through diplomatic channels.
4. The termination of this
Memorandum of Understanding shall not affect the implementation of on-going
activities or work programmes which have been agreed upon prior to the date of,
the termination of this Memorandum of Understanding.
IN WITNESS WHEREOF the
undersigned, duly authorized by the respective Governments of ASEAN Member
States and the People's Republic of China, have signed this Memorandum of
Understanding.
DONE ………….. this ……….. Day of
……. in the Year 2011, duplicate in the English and Chinese languages, both texts
being equally authentic. In the event of divergence of interpretation, the
English text shall prevail.
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For the Government of Brunei
Darussalam,
Mr. Muhammad Juanda Rashid
Acting Controller of Royal Customs and Excise
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For the Government of the
People's Republic of China,
Mrs. Hu Yumin
Vice Minister, General Administration of Customs
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For the Government of the
Kingdom of Cambodia,
Dr. Kun Nhem
Deputy Director-General,
General Department of Customs and Excise
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For the Government of the Republic
of Indonesia,
Mr. Agjung Kuswandono
Director-General of Customs and Excise
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For the Government of the Lao
People's Democratic Republic,
Mr. Santiphab Phomvihane
Director-General of Customs
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For the Government of
Malaysia,
Dato' Sri Hj. Mohamed Khalid Bin Hj. Yusuf
Director-General of Customs
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For the Government of the
Republic of the Union of Myanmar,
Mr. Aye Ko
Acting Director-General of Customs
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For the Government of the
Republic of the Philippines,
Mrs. Maria Caridad P. Manarang
Deputy Commissioner of Customs
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For the Government of the
Republic of Singapore,
Mr. Fong Yong Kian
Director-General of Customs
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For the Government of the
Kingdom of Thailand,
Mr. Prasong Poontaneat
Director-General for Administration, Thai Customs Department
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For the Government of the
Socialist Republic of Viet Nam,
Mr. Nguyen Ngoc Tuc
Director-General Of Customs
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