Vietnam: What are the procedures for transshipment of goods in transit? What does the applications for transit of weapons and explosives include?
What are the procedures for transshipment of goods in transit in Vietnam?
Pursuant to Article 35 of Decree 69/2018/ND-CP stipulating as follows:
General provisions of transit of goods
1. Transit of goods
a) 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 goods that are weapons, explosive materials, explosive precursors and combat gear.
b) The Minister of Industry and Trade shall consider issuing the license for transit of goods under the list of prohibited or suspended exports and imports or goods prohibited from trading in accordance with regulations of law.
c) For goods not mentioned in Point a, Point b Clause 1 hereof, procedures for transit of goods shall be carried out at the customs authority.
2. Transshipment of goods
If the good prescribed in Point b Clause 1 hereof is delivered by seaway from a foreign country to the transshipment zone at a seaport, and sent to another foreign country afterwards or delivered to a transshipment zone at another wharf or seaport before sending it to another foreign country, the transshipment procedures is regulated by the Ministry of Finance, without requiring the license of the Ministry of Industry and Trade.
3. In case of agreements on transit of goods through the territory of Vietnam between Vietnam and Vietnam's neighbor countries, guidance of the Ministry of Industry and Trade shall prevail.
4. The transport of goods under list of highly dangerous goods in transit within Vietnam’s territory shall be done in accordance with Vietnam’s regulations and laws on transport of dangerous goods and relevant international treaties to which the Socialist Republic of Vietnam is a signatory.
5. Owner of goods in transit must pay customs fees and other fees for goods in transit as prescribed in Vietnam's laws and regulations in force.
Thus, transshipment of goods is a form of transit of goods for goods under the list of prohibited or suspended exports and imports or goods prohibited from trading in accordance with regulations of law.
Goods in transit in Vietnam shall be delivered by seaway from a foreign country to the transshipment zone at a seaport and sent to another foreign country afterwards or delivered to a transshipment zone at another wharf or seaport before sending.
The transshipment of goods in transit is not required to have the license of the Ministry of Industry and Trade.
What does the applications for transit of weapons and explosives in Vietnam include?
Pursuant to Clause 1, Article 36 of Decree 69/2018/ND-CP stipulating 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.
Thus, the applications for transit of weapons and explosives in Vietnam includes:
- 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.
The owner of weapons and explosives shall submit an application, in person, by post or online, to the Ministry of Industry and Trade.
What does the application for transit of goods banned from export and import in Vietnam include?
Pursuant to Clause 2, Article 36 of Decree 69/2018/ND-CP stipulating as follows:
Application and procedures for issuance of license for transit of goods
...
2. If a good 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.
Thus, the application for transit of goods banned or suspended from export, import; goods banned from business will be the same as the transit record of goods being weapons, explosives.
the application for transit of goods banned or suspended from export, import; goods banned from business includes 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.
LawNet
