CIRCULAR

ON TRANSIT OF GOODS OF LAO PEOPLE'S DEMOCRATIC REPUBLIC THROUGH THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM  

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government on guidelines for the Law on Commerce on international trade in goods and commercial agency, trading, processing and transit of goods with foreign countries;

Pursuant to the Agreement on the transit of goods between the Government of the Socialist Republic of Vietnam and the Government of Lao People's Democratic Republic dated March 13, 2009 (hereinafter referred to as Agreement);

The Ministry of Industry and Trade stipulates procedures for issuance and renewal of permits for transit of goods of Lao People's Democratic Republic through the territory of the Socialist Republic of Vietnam as follows:

Chapter 1.

PROCEDURES FOR ISSUANCE AND RENEWAL OF PERMITS FOR TRANSIT OF GOODS

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Procedures for application for a good transit permit:

1. With regard to goods prescribed in Clause 2 Article 4 of this Agreement, the owner shall file an application for good transit permit to the Minister of Industry and Trade of the Socialist Republic of Vietnam. The application includes:

a) An application form for good transit permit (using the form of Appendix 1 issued herewith).

b) A written request for good transit permit made by the Minister of Industry and Commerce of Lao People's Democratic Republic (original copy).

The Minister of Industry and Trade shall, according to the application of the owner and request of Minister of Industry and Commerce of Lao People's Democratic Republic, request the Prime Minister for consideration.

With reference to the Prime Minister, the Minister of Industry and Trade shall respond in writing to the owner.

2. With regard to goods prescribed in Clause 3 Article 4 of this Agreement, an application for good transit permit shall include:

a) An application form for good transit permit (using the form of Appendix 1 issued herewith).

b) A written request for good transit permit issued by the Minister of Industry and Commerce of Lao People's Democratic Republic (original).

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4. Mailing address prescribed in Clause 2 of this Article:

- Export and Import Management Office in Da Nang.  Address: 132 Nguyen Chi Thanh, Hai Chau district, Da Nang city, Vietnam.

- Export and Import Management Office in Hanoi.  Address: 25 Ngo Quyen, Hoan Kiem district, Hanoi city, Vietnam.

5. Time limit for processing the application prescribed in Clause 2 of this Article is 5 working days, from the day on which the satisfactory application is received.

Article 2. Renewal of good transit permits

1. An application for renewal of good transit permit prescribed in Clause 2 of Article 1 of this Circular includes:

a) An application form for renewal of good transit permit (using forms of Appendix 3 issued herewith).

b) The good transit permit that has been issued (copy).

c) A written request for renewal of good transit permit issued by the Minister of Industry and Commerce of Lao People's Democratic Republic (original).

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3. Time limit for processing renewal of permit is 05 working days, from the day on which the satisfactory application is received.

Article 3. Authorization of issuance and renewal of good transit permits

1. The Minister of Industry and Trade shall authorize Export and Import Management Office in Da Nang and Export and Import Management Office in Hanoi to issue and renew good transit permits prescribed in Clause 2 Article 1, Article 2 of this Circular.

2. Specimen of good transit permit and response to application for renewal of good transit permit is specified in the Appendix 5, Appendix 6A and 6B issued herewith.

Article 4. Transit of goods with non-permit requirements  

For those goods which are not under the scope of Article 1 of this Circular, when transited by road through the pairs of border checkpoints as prescribed under Article 6 of this Agreement, the owner or the carrier shall apply and make customs clearance for the goods in transit only at those paid of border checkpoints. No permit from Export and Import Management Office in Da Nang or Export and Import Management Office in Hanoi affiliated to the Ministry of Industry and Trade is required.

Article 5. Extension of transit time

The extension of transit time shall be subject to approval of the customs authority that make customs clearance for the goods in transit.

Chapter 2.

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Article 6. Checkpoints for transit of goods

The transit of goods shall be made through the following pairs of border checkpoints and associated routes:

No.

Vietnam’s border checkpoints

Associated routes

Laos’ border checkpoints

1

Lao Bao (Quang Tri province)

Road No. 9

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2

Cau Treo (Ha Tinh province)

Road No. 8

Nam Phao (Bolykhamxay province)

3

Na Meo (Thanh Hoa province)

Road No. 217

Nam Soi (Huaphan province)

4

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Road No. 42

Pang Hok (Phongsaly province)

5

Nam Can (Nghe An province)

Road No. 7

Nam Kanh (Xiengkhuang province)

6

Cha Lo (Quang Binh province)

Road No. 12

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7

Bo Y (Kon Tum province)

Road No. 18

Phou Keua  (Attapeu province)

Article 7. Means of transportation of goods in transit and escorting people

1. The goods in transit shall be transported by a carrier being legal person duly licensed or authorized in compliance with the laws and regulations.

2. The vehicles of Vietnam and Laos which are used for transportation of goods in transit on roads are required to comply with Agreement on road transportation entered into by Government of the Socialist Republic of Vietnam and Government of Lao People's Democratic Republic dated February 24, 1996, Protocol entered into by Government of the Socialist Republic of Vietnam and Government of Lao People's Democratic Republic dated July 18, 2001 on amendments to Agreement on road transportation and their guidelines, amendments or substitutions and relevant regulations and laws.

3. Procedures for incoming and outgoing means of transportation and escorting peoples; procedures for keeping goods in warehouses or depots; transshipment, change of means of transportation shall be compliant with the Law on Customs and its guiding documents.

Article 8. Time limit for transit of goods

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Article 9. Documentary evidence for customs procedures for goods in transit

The owner or the carrier must submit documentary evidence to customs authority as prescribed in law on customs and guiding documents.

Article 10. Supervision of goods in transit in Vietnam’s territory

Goods in transit are subject to supervision of Customs of Vietnam throughout the period in which goods in transit within Vietnam’s territory.

Article 11. Distribution, sale, and consumption of goods in transit

1. It is prohibited to distribute, sell, or consume goods in transit which under the lists of goods banned from business, goods banned from export, goods temporarily ceased from export, goods banned from import, or goods temporarily ceased from import issued by the competent authorities of Vietnam.

2. For goods in transit which are not under the lists referred to in Clause 1 of this Article, the consumption in the territory of Vietnam would only be permitted in case of force majeure and when it it so approved by the Minister of Industry and Trade in writing.

3. The consumption of goods in transit prescribed in Clause 2 of this Article shall be made by a Vietnamese trader and gone through import procedures at customs authority in accordance with applicable regulations and laws on management of export and import.

4. Regarding force majeure events prescribed in Clause 2 of this Article, the owner shall send the application for consumption of goods in transit to the Department of Export and Import affiliated to the Ministry of Industry and Trade. Address: 54 Hai Ba Trung, Hoan Kiem District, Hanoi, Vietnam. The application includes:

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b) Proven documents on force majeure events regarding goods in transit applied for consumption in Vietnam.

5. Time limit for processing of application for consumption of goods in transit is 05 working days, from the day on which the satisfactory application is received.

Article 12. Change in checkpoints for transit of goods

For the purposes of Agreement, the changes in export and import checkpoints shall be considered by licensing agency if the permit for goods in transit is required and by customs authority if the permit for goods in transit is not required

Article 13. Rights and obligations of owners and carriers of goods in transit

The owners and carriers of goods in transit through territory of the Socialist Republic of Vietnam shall have rights and obligations as prescribed in the Agreement on the transit of goods between the Government of the Socialist Republic of Vietnam and the Government of Lao People's Democratic Republic dated March 13, 2009, this Circular and relevant regulations and laws.

Chapter 3.

IMPLEMENTATION

Article 14. Entry in force

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2. This Circular supersedes Decision No. 0938/2000/QD-BTM dated June 30, 2000 of the Minister of Commerce on Regulations of transit of goods of Lao People's Democratic Republic through the territory of the Socialist Republic of Vietnam.

PP. MINISTER
DEPUTY MINISTER




Nguyen Thanh Bien

APPENDIX 1

APPLICATION FOR GOOD TRANSIT PERMIT
(To be used for goods in transit prescribed in Clause 1 Article 1 of Circular)

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To: the Minister of Industry and Trade

I. Owner: (full name, address, phone number, fax number)

Hereby apply for transit of goods through the territory of the Socialist Republic of Vietnam as follows:

1. Goods in transit:

No.

Description

Unit

Quantity

Package and symbol

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1

……………………..

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2

……………………..

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…………….

2. Import checkpoint:

3. Export checkpoint:

4. Routes:

5. Mean of transportation:

6. Expected transit time:

(from…………………..to………………………….)

II. Carrier: (insert “self-transportation” if the owner transports goods itself). (insert name, address, phone number, and fax number of carrier if there is a transportation contract entered into between a Vietnamese trader and a Lao trader)

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Enclosed with this document is a written request for good transit permit made by the Minister of Industry and Commerce of Lao People's Democratic Republic.

Owner’s signature and seal
(signed by head of legal person with specific position)

* Notes: Fan stamping is required if the document has at least 2 pages.

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APPLICATION FOR GOOD TRANSIT PERMIT
(To be used for goods in transit prescribed in Clause 2 Article 1 of Circular)

......., [Location]………,[date]……………….

APPLICATION FOR GOOD TRANSIT PERMIT

To: Export and Import Management Office in …….  

I. Owner: (full name, address, phone number, fax number)

Hereby request Export and Import Management Office in ……………. to issue a good transit permit as follows:

1. Goods in transit:

No.

Description

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Quantity

Value

Package and symbol

Notes

1

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2

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2. Import checkpoint:

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4. Routes:

5. Mean of transportation:

II. Carrier: (insert “self-transportation” if the owner transports goods itself). (insert name, address, phone number, and fax number of carrier if there is a transportation contract entered into between a Vietnamese trader and a Lao trader)

III. Owner’s or carrier’s mailing address:

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Enclosed with this document is a written request for good transit permit made by the Minister of Industry and Commerce of Lao People's Democratic Republic.

Signature and seal of owner
(signed by head of trader with specific position)

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* Notes: Fan stamping is required if the document has at least 2 pages.

APPENDIX 3

APPLICATION FOR RENEWAL OF GOOD TRANSIT PERMIT
(To be used for goods in transit prescribed in Clause 2 Article 1 of Circular)

………..[Location]……….,[date]…………………..

APPLICATION FOR RENEWAL OF GOOD TRANSIT PERMIT

To: Export and Import Management Office in …….

1. Owner (full name, address, phone number, fax number):

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2. Reasons:

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3. Expected time: (until………………………………………..)

4. III. Owner’s or carrier’s mailing address:

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Enclosed with this document is the copy of good transit permit No. ….. issued by Export and Import Management Office in ……. on …………. and a request for renewal of good transit permit made by the Minister of Industry and Commerce of Lao People's Democratic Republic (original).

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Owner’s signature and seal
(signed by head of trader with specific position)

* Notes: Fan stamping is required if the document has at least 2 pages.

APPENDIX 4

APPLICATION FOR CONSUMPTION OF GOODS IN TRANSIT  

.......[Location]………,[date]……………….

APPLICATION FOR CONSUMPTION OF GOODS IN TRANSIT  

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Owner: (full name, address, phone number, fax number)

Hereby request the Ministry of Industry and Trade to permit the consumption of goods in transit as follows:

1. Customs declaration No. …. dated ……………….

2. Details:

No.

Description

Unit

Quantity

Value

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Notes

1

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2

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3. Reasons:

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4. Expected consumption period:

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5. Owner’s or carrier’s mailing address:

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Enclosed with this document is a document proving the force majeure event affecting goods in transit applied for consumption in Vietnam.

Owner’s signature and seal
(signed by head of trader with specific position)

* Notes: Fan stamping is required if the document has at least 2 pages.

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APPENDIX 5

SPECIMEN OF GOOD TRANSIT PERMIT
(To be used for goods in transit prescribed in Clause 2 Article 1 of Circular)

THE MINISTRY OF INDUSTRY AND TRADE
DEPARTMENT OF EXPORT AND IMPORT
EXPORT AND IMPORT MANAGEMENT OFFICE IN ….
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness 
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No. …./ …….. -GPQC

Re: good transit permit

……..[Location]............,[date]...................

To: ………… (owner of goods in transit in Laos)

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- In consideration of application for good transit permit made by ……… (full name, address of owner of goods in transit in Laos) ... And the request made by the Minister of Industry and Commerce of Lao People's Democratic Republic dated ……………;

Export and Import Management Office in ……. hereby permits ……….. (owner of goods in transit of Laos)……… to transit goods as follows:

1. Goods in transit:

No.

Description

Unit

Quantity

Value

Package and symbol

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2

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2. Import checkpoint:

3. Export checkpoint:

4. Mean of transportation:

5. This document become valid until …………………..

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MANAGER
(Signature and seal)

APPENDIX 6A

RESPONSE TO APPLICATION FOR RENEWAL OF GOOD TRANSIT PERMIT
(To be used in case of approval for application for renewal of good transit permit prescribed in Clause 2 Article 1 of Circular)

THE MINISTRY OF INDUSTRY AND TRADE
DEPARTMENT OF EXPORT AND IMPORT
EXPORT AND IMPORT MANAGEMENT OFFICE IN ….
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness 
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No. …./ …….. -GHGPQC

Re: Renewal of good transit permit

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To: ………… (owner of goods in transit in Laos)

- Pursuant to Circular No. …/2009/TT-BCT dated ………, 2009 of the Minister of Industry and Trade on transit of goods of Lao People's Democratic Republic through the territory of the Socialist Republic of Vietnam;

- In consideration of application for renewal of good transit permit made by ……… (full name, address of owner of goods in transit of Laos) ….and the request made by the Minister of Industry and Commerce of Lao People's Democratic Republic dated ……………;

Export and Import Management Office in ……..hereby agrees to renew the good transit permit No. ….. issued by Export and Import Management Office in …… on ……………….[date] to …. (owner of goods in transit of Laos).

Renewal period: Until ……………………..[date] inclusive.

Upon expiry, the permit shall not remain valid.

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MANAGER
(Signature and seal)

APPENDIX 6B

RESPONSE TO APPLICATION FOR RENEWAL OF GOOD TRANSIT PERMIT
(To be used in case of refusal of application for renewal of good transit permit prescribed in Clause 2 Article 1 of Circular)

THE MINISTRY OF INDUSTRY AND TRADE
DEPARTMENT OF EXPORT AND IMPORT
EXPORT AND IMPORT MANAGEMENT OFFICE IN ….
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness 
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No. …./ …….. -GHGPQC

Re: Renewal of good transit permit

……..[Location]............,[date]...................

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To: ………… (owner of goods in transit in Laos)

- Pursuant to Circular No. …/2009/TT-BCT dated ………, 2009 of the Minister of Industry and Trade on transit of goods of Lao People's Democratic Republic through the territory of the Socialist Republic of Vietnam;

- In consideration of application for renewal of good transit permit made by ……… (full name, address of owner of goods in transit of Laos) ….and the request made by the Minister of Industry and Commerce of Lao People's Democratic Republic dated ……………;

Export and Import Management Office in ……..hereby disagrees to renew the good transit permit No. ….. issued by Export and Import Management Office in …… on ……………….[date] to …. (owner of goods in transit of Laos).

Reasons……………………………………

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