BETWEEN THE CUSTOMS GENERAL ADMINISTRATION
OF THE PEOPLE’S REPUBLIC OF CHINA
THE GENERAL DEPARTMENT OF CUSTOMS
OF THE SOCIALIST REPUBLIC OF VIETNAM
ON THE COOPERATION AND MUTUAL ASSISTANCE
The Customs General Administration of the People’s Republic of China and General Department of Customs of the Socialist Republic of Vietnam hereinafter referred to as “the Contracting Parties”:
Desiring to develop and strengthen the cooperation and mutual assistance in the field of Customs between the two countries;
Based on the functions, duties and competence specified respectively to the Customs administrations in accordance with their legislation;
Conforming to the relevant agreements between the Governments of the two countries on handling of border issues and on bilateral trade;
Have agreed as follows:
For the purposes of this Agreement,
1. “Customs law means all the statutory and regulatory provisions enforced by the Customs administrations governing the importation, exportation or transit of goods, the inward and outward means of transport and the incoming and outgoing personal effects.
2. “Customs offence” means any breach of Customs law.
3. “Frontier Customs” means the Customs establishments in the areas of common border, at the same level subordinate respectively to the Contracting Parties.
The Contracting Parties agree to, on the basis of mutual respect for their respective state sovereignty and legislation, restore and develop the cooperation for mutual interest between the two Customs administrations and promote trade and exchanges of passengers and frontier inhabitants between the two countries.
1. The Contracting Parties shall enhance and intensify mutual understanding by exchanging information in the following fields:
(a) Customs laws and regulations and control techniques, including methods of control over import and export goods, inward and outward means of transport, and passengers’ luggage as well as postal articles;
(b) the Customs set-up and education and training of personnel;
(c) application of computers and other modern scientific and technological equipment in the Customs work;
(d) cooperation with other Customs administrations, the Customs Cooperation Council and other international organizations;
(e) other issues of common concern.
2. The Contracting Parties agree, when mutually beneficial, to come to a separate arrangement on the exchange of experts between the two Customs administrations.
1. The Contracting Parties agree to afford each other mutual assistance in accordance with the provisions in the present Agreement and to the extent of their respective competence and ability, with a view to preventing, investigating and repressing Customs offences.
2. The Contracting Parties agree that they shall hold talks on such matters as the principles, scope and the detailed methods regarding the execution of cooperation and mutual assistance and shall separately make appropriate arrangements on such matters.
With the consent of both the Contracting Parties and within their respective competence, meetings may be held between such frontier Customs as designated by each of the Contracting Parties on the technical matters of common concern.
1. The Contracting Parties agree that meetings may be held between their representatives, if necessary, at Director-General level, alternately in the two countries, for reviewing the implementation of the present Agreement. The date and agenda of such meetings shall be agreed upon by both Parties depending on the case.
2. The Contracting Parties agree that they shall, in the spirit of friendly cooperation and mutual assistance, settle through full consultation matters arising from the interpretation and implementation of the present Agreement.
The present Agreement shall enter into force on the ninetieth day following its signature and have unlimited validity. Amendment of or addition to the present Agreement may be made with consent of both Contracting Parties.
In case that one Contracting Party requests the termination of the present Agreement by serving a written notice to the other Party, the present Agreement shall be no longer in force in three months following the date of the other Party’s receipt of the notice of termination.
Done in Hanoi on the 26th day of November 1993 in duplicate in Chinese, Vietnamese and English languages, all three texts being equally authentic. In case of divergence of interpretation in its implementation, the English text shall prevail.
FOR THE CUSTOMS GENERAL FOR THE GENERAL DEPARTMENT
ADMINISTATION OF THE PEOPLE’S OF CUSTOMS OF THE SOCIALIST
REPUBLIC OF CHINA REPUBLIC OF VIETNAM