What are the regulations on the application for transit of goods in Vietnam? How long is the period of transit?
What are the regulations on the application for transit of goods in Vietnam?
Pursuant to Clause 1, Article 36 of Decree No. 69/2018/ND-CP stipulating the application for transit of goods being weapons, explosives, explosive precursors and combat gears as follows:
Application and procedures for issuance of license for transit of goods
1. If a good owner wishes to apply for transit of weapons, explosives, explosive precursors, or combat gear.
a) Such good owner shall submit an application, in person, by post or online (if applicable), to the Ministry of Industry and Trade. Required application documents:
- An application for transit of goods (stating description, HS headings, quantity and value); means of transport; transport routes: 1 original.
- Transport agreement: 1 original.
- A written request which is sent by a designated competent authority of the country from which the goods are proposed for transit to the Minister of Industry and Trade: 1 original.
b) If the required documents are incomplete or invalid, the Ministry of Industry and Trade shall, within 3 working days from the date on which the application is received, notify the good owner of deficiencies and allow the good owner to correct the deficiencies.
c) Within 7 working days from the date on which the complete and valid application is received, the Ministry of Industry and Trade shall consult with the Ministry of National Defense and the Ministry of Public Security.
d) Within 5 working days from the date on which the consultation request from the Ministry of Industry and Trade is received, the Ministry of National Defense and the Ministry of Public Security shall send a written response.
dd) Within 5 working days from the date on which written responses from the Ministry of National Defense, the Ministry of Public Security are received, the Ministry of Industry and Trade shall submit the application to the Prime Minister for consideration.
e) Within 5 working days from the date on which the response made by Prime Minister is received, the Ministry of Industry and Trade shall give a written reply to the good owner.
According to the above provisions, the application file transit of weapons and explosives includes the following components:
- An application for transit of goods (stating description, HS headings, quantity and value); means of transport; transport routes: 1 original.
- Transport agreement: 1 original.
- A written request which is sent by a designated competent authority of the country from which the goods are proposed for transit to the Minister of Industry and Trade: 1 original.
Application for transit of goods being weapons and explosives will be sent by the goods owner to the Ministry of Industry and Trade in person, by post or online.
Pursuant to Clause 2, Article 36 of Decree No. 69/2018/ND-CP stipulating the application for transit of goods banned from export or import as follows:
Application and procedures for issuance of license for transit of goods
...
2. If a goods owner wishes to apply for transit of goods banned or suspended from export, import; goods banned from business as per the law:
a) Such good owner shall submit an application prescribed in Point a Clause 1 hereof, in person, by post or online (if applicable), to the Ministry of Industry and Trade.
b) If the required documents are incomplete or invalid, the Ministry of Industry and Trade shall, within 3 working days from the date on which the application is received, notify the good owner of deficiencies and allow the good owner to correct the deficiencies.
c) Within 7 working days from the date on which a complete and valid application is received, the Ministry of Industry and Trade shall issue the license for transit to the good owner.
d) If the application is refused, the Ministry of Industry and Trade shall provide explanation in writing.
dd) If the good owner wishes to amend the license or have the license which is lost replaced, it shall send an application for amendment or replacement and required documents to the Ministry of Industry and Trade. Within 3 working days from the date on which a complete and valid application is received, the Ministry of Industry and Trade shall issue an amended license or a duplicate license.
According to the above regulations, transit documents for goods banned or suspended from export, import; goods banned from business will be similar to the application of transit of weapons and explosives.
Thus, dossiers of transit of goods banned or suspended from export, import; goods banned from business will include the following documents:
- An application for transit of goods (stating description, HS headings, quantity and value); means of transport; transport routes: 1 original.
- Transport agreement: 1 original.
- A written request which is sent by a designated competent authority of the country from which the goods are proposed for transit to the Minister of Industry and Trade: 1 original.
What are the regulations on the application for transit of goods in Vietnam? How long is the period of transit?
How long is the period of transit?
Pursuant to Article 47 of the 2017 Law on Foreign Trade Management in Vietnam stipulating as follows:
The period of transit
1. The period of transit through the territory of Vietnam is 30 days or less from the days on which the customs procedures at the import border checkpoint are completed, unless the period is extended or the products are stored in Vietnam, damaged or lost or transit vehicles are broken down during the period of transit.
2. If the products that are stored in Vietnam, damaged or lost or transit vehicles are broken down during the period of transit and it needs more time to store and repair the damage and losses of products, the period of transit will be extended for proper period of time for carrying out the abovementioned work and allowed by the customs authority’s premises where transit procedures are gone through. The period of transit of products prescribed in Clauses 1 and 2 Article 44 of this Law shall obtain the permission of the Minister of Industry and Trade.
3. During the period of storage and repair of damage and losses prescribed in Clause 2 of this Article, products and transit vehicles shall be subject to the supervision of the customs authority.
Thus, the period of transit through the territory of Vietnam is 30 days or less from the days on which the customs procedures at the import border checkpoint are completed, unless the period is extended or the products are stored in Vietnam, damaged or lost or transit vehicles are broken down during the period of transit.
Which agency decides on giving permission for the transit of goods through the territory of Vietnam?
Pursuant to Article 44 of the 2017 Law on Foreign Trade Management in Vietnam stipulating as follows:
Permission for transit of products
1. The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Public Security and Ministry of National Defense in requesting the Prime Minister to consider giving permission for the transit of products that are weapons, explosive materials, explosive pre-substances and support tools.
2. The Minister of Industry and Trade shall issue the license for transit of products that are included in the list of prohibited or suspended exports and imports or products prohibited from trading in accordance with regulations of law.
3. Products that are not mentioned in Clauses 1 and 2 of this Article may be transited through the territory of Vietnam and only be gone through customs procedures at the first import border checkpoint and the last export border checkpoint in accordance with regulations of law on customs.
4. The Government shall provide detailed regulations on procedures for the issuance of license for transit of products prescribed in Clauses 1 and 2 of this Clause.
According to the above regulations, for the transit of goods being weapons, explosives, explosives precursors and combat gears, the Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Public Security and Ministry of National Defense to consider giving permission for the transit of goods.
The Minister of Industry and Trade shall issue the license for transit of products that are included in the list of prohibited or suspended exports and imports or products prohibited from trading in accordance with regulations of law.
Remaining products may be transited through the territory of Vietnam and only be gone through customs procedures at the first import border checkpoint and the last export border checkpoint in accordance with regulations of law on customs.
LawNet
