AGREEMENT

ON TRANSIT OF GOODS BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA

The Government of the Socialist Republic of Vietnam and Government of the People’s Republic of China (hereinafter referred to as “the Contracting Parties")

 Desiring to further strengthen and expand the economic and trading cooperation relation between the two countries to develop the economy of both countries on the principles of equality and mutual benefit through peace negotiation

Have agreed as follows:

Article 1:

The Government of the Socialist Republic of Vietnam shall permit goods of the People's Republic of China to be exported to a third country and imported from a third country through the territory of the Socialist Republic of Vietnam.

The Government of the People's Republic of China shall permit goods of the Socialist Republic of Vietnam to be exported to a third country and imported from a third country through the territory of the People's Republic of China.

Article 2:

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Article 3:

The transit of goods shall comply with the following regulations:

3.1- Goods shall be transited with permission of the competent authority of the country through which the goods are transmitted (hereinafter referred to as “intermediate country”) upon consideration of the application form for transit of goods submitted by the goods owner of the country applying for transit.

3.2- Goods shall be transited in compliance with the customs law of the intermediate country.

3.3- The quantity of goods delivered through the last exit checkpoint of the intermediate country shall be exactly the same as that delivered through the first entry checkpoint of the intermediate country.  Loss or damage of goods due to lost or break shall be confirmed in writing by the customs authority of the place in which the event occurs.

3.4- The routes, border checkpoints and schedule as provided in the transit license shall be complied with while transporting transited goods under supervision of the customs authority of the intermediate country.

3.5- Warehousing of transited goods in the intermediate country is subject to permission of the country’s customs authorities, which will put goods under their supervision.

3.6- It is prohibited to sell the transited goods in the territory of the intermediate country. 3.6- For special cases, the sale of the transited goods in Vietnam is subject to permission of the Ministry of Trade of the Socialist Republic of Vietnam; the sale of the transited goods in China is subject to the Ministry of Foreign Trade and Economic Co-operation of the People’s Republic of China if the goods are consumed in China; taxes and other fees shall be paid under law provisions of the intermediate country.

Article 4:

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Article 5:

The Contracting Parties mutually concur that the transit of goods and relevant procedures shall be done in compliance with current regulations of the intermediate country.

Article 6:

Goods shall be transited through the following border checkpoints:

- Huu Nghi – Youyi Guan

- Lao Cai – Hekou

- Dong Dang – Pingxiang

- Mong Cai – Dongxing

In addition, the transited goods may be transported through international border checkpoints which are opened with mutual consent of the Governments of the Contracting Parties.

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Payment of fees and expenses incurred on transit of goods specified in this Agreement shall be made in fully convertible currency in conformity with regulations of the Agreement on payment and cooperation between the State Bank of the Socialist Republic of Vietnam and the State Bank of the People's Republic of China signed in Beijing on May 26, 1003 and regulations on management of foreign exchange of each country.

Article 8:

Matters not specified in this Agreement shall be settled based upon regulations of relevant Agreements signed by Vietnam and China.

Article 9:

The Contracting Parties shall authorize the Ministry of Trade of the Socialist Republic of Vietnam and the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China to sign specific documents for implementation of this Agreement according to the reality in each period.

Article 10:

Either one of the Contracting Parties may send a written proposal for addition or amendments to provisions provided herein within the effective period of this Agreement.  The other Contracting Party shall give response within 3 months from the day on which such proposal is received.  Provisions amended or added by mutual consent of the Contracting Parties shall be deemed to be components of this Agreement and have the same effect as that of this Agreement.

Article 11:

11.1- Disputes arising from interpretation of this Agreement during implementation shall be settled through diplomatic channels by competent representatives of the Contracting Parties.  

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Article 12:

This Agreement comes into effect from the day on which it is signed and is valid for 3 years.  If none of the Contracting Parties give the other a written notice of its desire to terminate this Agreement at least 3 months prior to the expiration of this Agreement, the validity of this Agreement shall be automatically renewed for consecutive one-year periods.

In case of termination of this Agreement, its provisions shall still apply to relevant arrangements which have been concluded prior to the termination date until full completion of such arrangements.

This Agreement is signed in Hanoi on April 04, 1994 and is made into two copies, one of which is in Vietnamese and the other is in Chinese and both have equal validity.  

Plenipotentiaries of the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

Hiệp định quá cảnh hàng hoá (1994) giữa Chính phủ Việt Nam và Trung Quốc