Điều ước quốc tế 09/2014/TB-LPQT

ANNOUNCEMENT

INTERNATIONAL AGREEMENT TAKING EFFECT

Executing the provisions as prescribed in Clause 3, Article 47 of the Law on Conclusion, Accession and Implementation of international agreement in 2005, the Ministry of Foreign Affairs announces:

The agreement on facilitation of goods in transit between Government of the Socialist Republic of Vietnam and Royal Government of Cambodia signed December 26, 2013 in Hanoi takes effect since February 24, 2014.

The Ministry of Foreign Affairs would like to send a copy of the agreement as prescribed in Article 68 of the Law stated above./.

AGREEMENT

ON FACILITATION OF GOODS IN TRANSIT BETWEEN GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND ROYAL GOVERNMENT OF CAMBODIA

Government of the Socialist Republic of Vietnam and Royal Government of Cambodia (hereinafter referred to as ‘contracting parties’);

With the desire to maintain and further develop economic and trade relations, making a contribution towards economic development of each country on the principles of equality and mutual benefit;

To facilitate goods in transit through simplification of administrative procedures and control measures at borders;

Have agreed as follows:

Article 1. Facilitation of goods in transit

1. Either of contracting parties shall grant to other contracting party the right to load and discharge third countries’ goods destined for or coming from contracting parties, or transport goods from locality to locality, transiting in and out of the other contracting party’s territory under the monitoring by Customs and other competent agencies of the other contracting party.

2. Contracting parties shall facilitate transportation of goods in transit by road, waterways, railway between the two countries in accordance with the laws of both countries without constraint of time, not promulgate regulations imposing restraints or collect unnecessary transport duties during the transit.

Article 2. Interpretation of terms

In this Agreement, some terms are construed as follows:

1. Transit of goods means transportation of goods owned by a juridical person or natural person from the originating country across territory of the transit country including transshipment, warehousing, warehousing, breaking bulk or change in the mode of transport or other tasks performed during the transit under the monitoring by Customs and other competent agencies in accordance with the laws of the transit country.

2. Originating country (country applying for transit of goods) means a country with a juridical person or natural person in possession of goods in transit.

3. Transit country means a country allowing transit of goods through its territory.

4. Goods owner means juridical person or natural person in possession of transit goods.

5. Transit transporter means a juridical person or natural person authorized by goods owner to perform transportation of goods in transit in accordance with the laws of the transit country.

6. Banned goods means goods banned from trading, import, and export or temporarily suspended from import, export.

Article 3. Regulations on transit

Transit of goods must accord with the following regulations:

1. Transit of goods must accord with regulations of customs authorities, regulations of the transit country, and international agreements to which both parties are committed or are members.

2. Quantity, categories of goods transported through final checkpoint of the transit country must accord with quantity, categories of goods passing through the first checkpoint of the transit country. The goods must remain intact and unsealed. During transportation and warehousing in the transit country's territory, if the goods in transit are damaged or lost, the goods owner or transit transporter must make early notification to customs authorities where the problem occurs and/or other competent agencies in accordance with the laws of the transit country for making a written record of goods conditions. In case customs authorities are not available in the proximity of the place where the problem occurs, the goods owner or transit transport shall make notification to local authorities in closest proximity or other competent agencies for making a written record of goods conditions.

3. Goods in transit shall be exempted from customs inspection at border checkpoints and police escort in the territory of the transit country. Goods in transit shall be inspected if customs authorities detect signs of violating provisions set out hereof or provisions of the Law on Customs.

4. Goods in transit that need warehousing in the transit country must have approval of competent agencies of the transit country for time and location and shall be placed under the monitoring by Customs of the transit country.

Article 4. Transit of banned goods

Transit of goods falling within the list of banned goods is instructed as follows:

1. Transit of goods banned from export, import or transportation under international agreements to which contracting parties are members is not permitted.

2. Goods on the list of banned goods shall not accepted for transit unless otherwise as regulated hereof.

3. Transit of weapons, ammunition, explosives and military equipment for the purpose of national security must be permitted by Prime Minister of the transit country and accord with relevant laws of the transit country.

4. Transit of goods that are banned by the transit country but not banned by the originating country shall be accepted for transit by the Ministry of Industry and Trade/Ministry of Commerce of the transit country or representative offices authorized by the Ministry of Industry and Trade/Ministry of Commerce if requested by the goods owner.

5. For goods from the Kingdom of Cambodia prescribed in Appendix III, the Ministry of Industry and Trade of the Socialist Republic of Vietnam and representative offices authorized by the Ministry of Industry and Trade shall permit the transit at the request of the Ministry of Commerce of the Kingdom of Cambodia.

6. Goods on the list of banned goods permitted for transit must be transported according to road routes, waterways, rail routes, pair of border checkpoints, kinds of transport vehicles and time limit as prescribed in the transit permit, and must be placed under the monitoring by Customs and competent agencies of the transit country.

7. List of banned goods of each contracting party must be formulated in accordance with the laws of respective countries. Lists of banned goods of the Kingdom of Cambodia and the Socialist Republic of Vietnam are prescribed in Appendix I and Appendix II respectively. The lists aforementioned must be notified in writing to each other by the Ministry of Industry and Trade of the Socialist Republic of Vietnam and the Ministry of Commerce of the Kingdom of Cambodia within 30 days since the Agreement is signed.  When these lists are amended, the two ministries must make written notification to each other about the amended lists. New lists shall replace previous ones.

Article 5. Transit of logs, treated wood and wood products

Transit of wood and wood products through the territory of contracting parties is instructed as follows:

1. Transit of logs (logs debarked or not debarked, or square crude logs) through the territory of any contracting party is prohibited.

2. Transit of treated wood of all kinds must be approved by the Ministry of Industry and Trade/Ministry of Commerce of the transit country after receipt of written request from the Ministry of Industry and Trade/Ministry of Commerce from the originating country. Such written request must be formulated based on the supporting documents attached if requested in accordance with the laws of the originating country.

3. For other wood products not prescribed in Clauses 1, 2 of this Article, upon transit transportation by road, waterways through the pair of border checkpoints as prescribed in Article 7, the goods owner or transporter only performs customs procedures for the goods in transit without applying for transit permit from the transit country. Authorities of the transit country must take necessary measures to ensure that transit of wood products is lawful.

Article 6. Other provisions

For goods not prescribed in the governing scope of Clauses 4, 5 of this Article, upon transit transportation by road, waterways or railways through the pair of border checkpoints as prescribed in Article 7, the goods owner or transporter only performs customs procedures for the goods in transit without applying for transit permit from the transit country.

Article 7. Pairs of border checkpoints allowing transit

Transit of goods through pairs of international border checkpoints and connecting routes is prescribed in Appendix IV hereof.

To facilitate transit of goods, some pairs of border checkpoints can be opened and supplemented to the Agreement based on contracting parties’ demands and mutual agreement.

Article 8. Regulations on consumption of goods in transit

1. Consumption of goods in transit that fall within the list of banned goods in the territory of the transit country is prohibited.

2. For kinds of goods not on the list as prescribed in Clause 1 of this Article, consumption of such goods in the territory of the transit country is allowed in the event of force majeure, must be permitted by competent agencies of the transit country and be subject to taxes and other duties according to the laws of the transit country.

Article 9. Payment

Charges and duties arising from activities relating to goods in transit under this Agreement must be paid in domestic currency of the transit country or freely convertible foreign currency in accordance with regulations on management of foreign exchange of either country.

Article 10. Manner and transit transport vehicles

1. In case the goods in transit are transported by road, the goods owner or transporter can use road transport vehicles of his/her country, or rent road transport vehicles from other countries based on reference to Greater Mekong Subregion Cross-Border Transport Facilitation Agreement (GMS CBTA).

2. In case the goods in transit are transported by waterways, the goods owner or transporter can use waterways craft of his/her country, or rent waterways craft from other countries based on reference to Greater Mekong Subregion Cross-Border Transport Facilitation Agreement (GMS CBTA).

3. Transit of transport vehicles and escorts as well as trans-loading and changing transport vehicles must accord with regulations of international agreements and the regions to which both contracting parties are members. In case international agreements to which both parties are members have not yet prescribed such, the laws of the transit country shall be applied.  

Article 11. Authorization

The contracting parties shall authorize the Ministry of Industry and Trade of the Socialist Republic of Vietnam and the Ministry of Commerce of the Kingdom of Cambodia to negotiate and agree on specific specimen document including transit transport document for the execution of this Agreement.

Article 12. Handling of violations

Any act of the goods owner or transporter that violates the laws of the transit country shall be dealt with in accordance with relevant provisions of the laws of the transit country.

Article 13. Dispute settlement

Difficulties that arise during the implementation of this Agreement should be negotiated and settled through diplomacy by representatives of the contracting parties.

Article 14. Supplements and amendments

Either of the contracting parties may make a written request for supplements and amendments to this Agreement. Within three months since receipt of a written request from one contracting party, the other contracting party must make an official reply. Any supplement or amendment made to the Agreement agreed by both contracting parties shall be treated as an integral part of this Agreement and have the same effect as this Agreement.

Article 15. Effect and extension

This Agreement takes effect after sixty days since the signing date and is valid for two years. Within sixty days before the Agreement expires, neither party makes any written request for end of validity of the Agreement through diplomacy, the Agreement shall be extended by default for another year. This protocol of extension shall be applied accordingly for the following years.

In case either of the parties makes a written request for end of validity of the Agreement through diplomacy, the Agreement shall expire after 60 days since the other party receives such written request.

In case the Agreement expires, provisions set out hereof shall be still applied to related contracts and activities that have been signed before this Agreement expires until they have been completed.

This Agreement replaces the Agreement on Facilitation of Goods in Transit signed between Government of the Socialist Republic of Vietnam and Royal Government of Cambodia dated November 04, 2008.

The undersigned, being duly authorized to sign by their respective Governments, have signed this Agreement.

DONE at Hanoi, Vietnam on December 26, 2013, in two copies (each copy is made in Vietnamese, Khmer and English) having the same validity.

In case of inconsistency in the explanations, English version shall prevail. 

APPENDIX I

THE KINGDOM OF CAMBODIA’S LIST OF BANNED GOODS

I – GOODS BANNED FROM EXPORT

1. Weapons, ammunition and accessories

2. Banned drugs and addictive substance

3. Art and cultural works, antiques and cultural heritages;

4. Forestry products

- Rough logs (debarked or not debarked)

- Rough sawn lumber

- Square lumber with width of more than 25 cm, even when smoothed

- Oil Dyxosylum Lorreiri, Yellow Vine, Yellow Vine Powder;

- Firewood, all kinds, even when bundled; and charcoal, Borassus frabellifer;

5. Centrifuged extracts

6. Animals or plants as symbol of the Kingdom of Cambodia:

- Four-legged animals: Bos Sauveli

- Birds: Pseudibis gigantea

- Lizards: Batagur baska

- Fish: Catkicaroui Siamensis

- Plants: Borassus Flabellifer

II – GOODS BANNED FROM IMPORT

1. Weapons, ammunition and accessories

2. Banned drugs and addictive substance

3. Right-hand drive cars

4. Used goods: computers, shoes, bags, batteries and transformers;

5. Books on politics, religions, pornographic books and other illegally published books;

6. Goods in violation of intellectual property rights or counterfeits;

7. All kinds of wild animals and plants that affect genetic resources;

8. Scraps of used products;

9. Goods of all kinds that affect education, culture, security and social safety;

APPENDIX II

THE SOCIALIST REPUBLIC OF VIETNAM’S LIST OF BANNED GOODS

I – GOODS BANNED FROM EXPORT

1. Weapons, ammunition, explosives (except industrial explosives), military equipment;

2. National relics, antiques and treasures under ownership of the people and political organizations, socio-political organizations;

3. Kinds of cultural products banned from dissemination and circulation in Vietnam;

4. Round logs, sawn logs from natural forests in the country;

5. Rare and precious wild animals and plants, animal and plant varieties that belong to IA-IB Group as prescribed in the Government’s Decree No. 48/2002/NĐ-CP dated April 22 2002, rare and precious wild animals, plants specified in the “red book” that Vietnam has committed to international organizations.  

6. Rare and precious products of aquaculture

7. Dedicated coding machines and coding software programs used for protection of national secrecy;

8. Schedule 1 substance as prescribed in the Chemical Weapons Convention

II – GOODS BANNED FROM IMPORT

1. Weapons, ammunition, explosives (except industrial explosives), military equipment;

2. Firecrackers of all kinds (except flares used for marine safety as instructed by the Ministry of Transport); types of traffic speed measurement jammers;

3. Used consumer goods including:

- Textile goods, shoes, clothes;

- Electronic goods

- Refrigeration goods

- Household appliances

- Medical equipment

- Interior decoration articles

- Household appliances made of ceramic, porcelain, glass, metal, plastic, rubber, plastics and other materials;

- Used information technology products;

4. Kinds of cultural products banned from dissemination and circulation in Vietnam;

5. Hand right drive transport vehicles (including those in completely knocked down form and those with hand drive being converted before being imported to Vietnam) except dedicated right-hand drive vehicles operating in limited range: crane trucks, diggers, road sweepers, water trucks, garbage trucks, road construction vehicles, airport shuttle buses, forklifts in warehouses and ports; concrete pump trucks, vehicles used in golf courses, parks...

6. Used materials, vehicles including:

- Machines, frames, tires, spare parts, engines of automobiles, tractors, motor-driven two-wheelers, three-wheelers...

- Chassis of automobiles, motor-driven tractors (including new chassis fitted with used engines or/and used chassis fitted with new engines);

- Bicycles;

- Motor-driven two-wheelers, three-wheelers;

- Ambulances;

- Automobiles of all kinds with structures and uses being changed versus previous design, with frame & machine numbers being modified;

7. Scraps, waste, CFC chillers;

8. Products and materials containing asbestos that belong to amphibole family;

9. Schedule 1 substance as prescribed in the Chemical Weapons Convention

APPENDIX III

THE KINGDOM OF CAMBODIA’S LIST OF BANNED GOODS IN NEED OF WRITTEN REQUEST FROM CAMBODIA’S MINISTRY OF COMMERCE FOR TRANSIT IN VIETNAM – GOODS BANNED FROM EXPORTS

I – GOODS BANNED FROM EXPORT

1. Prohibited drugs and psychiatric drugs;

2. Art and cultural works; antiques and cultural heritages;

3. Forestry products

- Rough round logs (debarked or not debarked)

- Rough sawn lumber

- Oil Dyxosylum Lorreiri, Yellow Vine, Yellow Vine Powder;

- Firewood, all kinds, even when bundled; and charcoal, Borassus frabellifer;

4. Centrifuged extracts

5. Animals and plants as symbol of the Kingdom of Cambodia:

- Four-legged animals: Bos Sauveli

- Birds: Pseudibis gigantea

- Lizards: Batagur baska

- Fish: Catkicaroui Siamensis

- Plants: Borassus Flabellifer

II – GOODS BANNED FROM IMPORT

1. Prohibited drugs and addictive substance;

2. Right-hand drive vehicles

3. Used goods such as computers, shoes, bags, batteries and transformers

4. Books on politics, religions, pornographic books and other illegally published books;

5. Goods in violation of intellectual property rights or counterfeits;

6. All kinds of wild animals and plants that affect genetic resources;

7. Goods of all kinds that affect education, culture, security and social safety;

APPENDIX IV

PAIRS OF BORDER CHECKPOINTS ALLOWING TRANSIT