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THE
PRIME MINISTER
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
254/2006/QD-TTg
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Hanoi , November 07, 2006
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DECISION
ON
THE MANAGEMENT OF BORDER TRADING ACTIVITIES WITH BORDERING COUNTRIES
THE PRIME MINISTER
Pursuant to the Law on the
Government organization of December 25, 2001;
Pursuant to the Government's
Decree No. 12/2006/ND-CP of January 23, 2006 detailing the implementation of
the Law on Trade with respect to international purchases and sales of
goods and agent activities of purchase and sale, processing and transit of
goods with foreign parties;
Pursuant to the Government's
Decree No. 149/2005/ND-CP of December 08, 2005 detailing the implementation of
the Law on export tax and import tax
Pursuant to Government's
Decree No. 02/2003/ND-CP of January 14, 2003 on management and development of
marketplaces;
Pursuant to the bilateral Treaties
in Economics – Trade domains signed between The Socialist Republic of Vietnam and the bordering countries;
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GENERAL PROVISIONS
Article 1. Scope of regulation
Border trading activities with
bordering countries (hereinafter referred to as border trading) prescribed in
this Decision includes:
1. Goods purchase, sale and exchange of border residents;
2. Trading in border marketplaces, border-gate marketplaces and marketplaces
in Border-gate economic zones;
3. Export and import of goods across
the border in other forms not under international practices on purchase and
sale agreed in bilateral trading treaties between The Socialist Republic of
Vietnam and bordering countries.
Article 2. Border trading
goods
The exchange, purchase, sale,
export and import of goods in forms of border trading are implemented in
accordance with the Government's Decree No. 12/2006/ND-CP of January 23, 2006
detailing the implementation of the Law on Trade with respect to international purchases
and sales of goods and agent activities of sale, purchase, processing and
transits of goods with foreign parties.
Article 3. Border trading
goods quality
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2. Import goods on the List of
goods subject to quality inspection and quarantine under the current provisions
must be inspected for quality prior to customs clearance; it is forbidden to
import through border-gates without plant and animal quarantine post, medical
quarantine post, goods quality inspection post as prescribed by Vietnam law.
3. Authorizing for Minister of Trade,
after discussing with the Ministry of Agriculture and Rural development, The
Ministry of Health shall consider and take measures to control of the export
and import of goods not satisfying the norms for food hygiene, food safety and
consumers’ health.
Article 4. Border trading
payment
1. Border trading goods are paid in freely convertible foreign currencies
or in Vietnam dong and the currencies of the bordering countries.
2. Methods of payment: agreed by
the sellers and the buyers in accordance with the provisions of the State bank
of Vietnam on the basis of Payment treaties signed between Vietnam and the
bordering countries; to encourage the business subjects in payment via bank
Article 5. Tax policy
1. Border trading goods must be paid
tax and other fees as prescribed by Vietnam’s law and shall be entitled to
privileges of export tax, import tax for goods across border under the
bilateral treaties between the Government of The Socialist Republic of Vietnam
and the Gorvernments of bordering countries.
2. Goods produced by residents
in the bordering countries being imported to The Socialist Republic of Vietnam
in forms of border residents’ goods exchange, sale, purchase shall be exempted
from import tax as long as the value of such goods does not exceed 2,000,000
dong/person/day.
3. Other relevant tax polices
are implemented in accordance with the State’s current provisions.
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Chapter 2
BORDER RESIDENTS’ GOODS PURCHASE, SALE AND EXCHANGE
Article 6. Subjects entitled
to purchase, sale and exchange goods across the border
Citizens being border residents
with permanent residences in areas adjacent to border of the countries with
common borders are entitled to purchase, sale and exchange goods in accordance
with the provisions on border trading goods prescribed in Article 2 of this
Decision.
Article
7. Border-gates, locations of goods purchase, sale and exchange across the
border
1.
Border-gates are agreed opening by the Government of Vietnam and the the Governments
of countries with common borders.
2.
Border-gates and other customs clearance posts in Border-gate economic zones
established under the permission of the Vietnam’s Government.
3. Border-gates
are agreed opening by provinces adjacent to border of Vietnam and the provinces adjacent to border of countries with common borders and are permitted by
the Ministry of Trade of carrying out customs clearance procedures for exported
and imported goods.
4. Trails
are defined by negotiation of provincial authorities in border areas of two
countries under the current law and relevant provisions of both countries’
Governments
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EXPORT AND IMPORT OF GOODS ACROSS THE BORDER
Article 8. Subjects entitled
to export and import goods across the border
1. Vietnamese
traders.
2. Business
households in provinces contiguous to the border established under the
Government’s Decree No. 88/2006/ND-CP of August 29, 2006 on business registration.
Article 9. Border-gates for export
and import of goods across the border
1. International border-gates opened for people, vehicles
and goods from Vietnam, the countries with common borders and the third
countries to export and import across the national border.
2.
Primary border-gates opened for people, vehicles and goods from Vietnam and the countries with common borders to
export and import across the national border.
3.
Border-gates and other customs clearance posts in Border-gate economic zones
established under the permission of the Vietnam’s Government.
4.
Auxiliary border-gates in
border areas and frontiers opened for people, vehicles, goods of Vietnam and bordering countries to travel across the national border.
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GOODS PURCHASE AND SALE IN BORDER MARKETPLACES,
BORDER-GATE MARKETPLACES AND MARKETPALCES IN BORDER-GATE ECONOMIC ZONES
Article 10. Border marketplaces, border-gate marketplaces and
marketplaces in border-gate economic zones
1. Border marketpalces are marketplaces
established in border areas on the land within Vietnam’s territory but outside
the marketplaces stipulated in clause 2 and clause 3 below.
2. Border-gate marketplaces are
marketpalces established in border areas on the land within Vietnam’s territory and connected to goods export, import border-gates but not belonging to
Border-gate economic zones.
3. Marketpalces in Border-gate
economic zones are marketplaces established in Border-gate economic zones under
the Prime Minister’s Decision No. 53/2001/QD-TTg of April 19, 2001 on the
policy on Border-gate economic zones.
Article 11. Business subjects
at marketplaces
1. Vietnamese enterprises,
business households with business registration certificates issued by competent
State agencies are entitled to conduct business at border marketpalce,
border-gate marketplaces and marketplaces in border-gate economic zones
2. Enterprises, business
households of bordering countries must comply with the Government's Decree No.
34/2000/ND-CP of August 18, 2000 on the Regulation on mainland border areas of
The Socialist Republic of Vietnam and provisions relating to the travel,
residence and business in border areas:
a) Entitled to conduct business at
border-gate marketplaces and border marketplaces upon being issued the business
permits by Departments of Trade in provincial bordering provinces;
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3. Citizens of bordering
countries who are entitled to conduct business at border marketplaces,
border-gate marketplaces or marketplaces in Border-gate economic zones with the
license of business at those marketplaces have not yet expired, if having demand
for residence temporarily in Vietnam shall be considered and issued the
temporary residence certificates or temporary residence cards by Vietnam’s
competent agencies under the guidance of the Ministry of Public Security.
Article 12. Marketplace
management
1. The decisions on establishing
(or dissolving) and prescribing the functions, tasks and powers of the marketplace
management agencies regarding border marketplaces, border-gate marketplaces
shall be implemented under the decentralization of each kind of marketplaces
prescribed in the Government's Decree No. 02/2003/ND-CP of January 14, 2003 on
marketplace management and development.
2. The Heads of the Management
board of the Border-gate economic zones shall issue decisions on the
establishment (or dissolution) of marketplaces in Border-gate economic zones
and prescribe the functions, tasks and powers of the marketplace management
agencies as prescribed in the Government's Decree No. 02/2003/ND-CP of January
14, 2003 on market management and development.
3. Other contents relating to
border marketplaces, border-gate marketplaces and marketplaces in Border-gate
economic zones not being prescribed in this Decision shall be implemented as
prescribed in the Government's Decree No. 02/2003/ND-CP of January 14, 2003 on
marketplace management and development.
4. Provisions on border marketplaces,
border-gate marketplaces and marketplaces in Border-gate economic zones in this
Decision which are different from bilateral agreements between the Government
of The Socialist Republic of Vietnam and the Government of the bordering
countries shall be implemented under the bilateral agreements signed by both
Governments.
Chapter 5
ENTRY AND EXIT OF PEOPLE AND VEHICLES
Article 13. People and
vehicles from Vietnam
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2. Goods
owners or individuals authorized by goods owner, drivers and crew members in
means of goods transports with crewmember passports, crewmember’s registers,
border ID cards or border laissez-passers issued by Vietnam’s competent
agencies are entitled to cross border-gates prescribed in clause 1, 2, 3, 4
Article 9 of this Decision to enter bordering countries in order to deliver or
receive goods
Article
14. People and vehicles from bordering countries
1. Means of
goods transport are entitled to cross border-gates prescribed in clause 1, 2,
3, 4 Article 9 of this Decision to enter goods delivery or receiving places in border
areas prescribed by Vietnam’s competent agencies.
2. Goods
owners or individuals authorized by goods owners, drivers and crew members in
means of goods transports with crewmember passports, crewmember’s register,
border ID card or border laissez passer issued by neighboring countries’
competent agencies are entitled to cross border-gates prescribed in clause 1,
2, 3, 4 Article 9 of this Decision to enter goods delivery or receiving places
3. Means of
goods transport and subjects prescribed in clause 1 and 2 this Article having
demand to enter places outside border areas and Border-gate economic zones to
deliver or receive goods must implement under the provisions of Treaties, Protocols
and written agreements signed by The Socialist Republic of Vietnam and the
bordering countries on entry, exit and road transport.
4. Means of
goods transport and the drivers thereof from bordering countries are exempted
from Vietnam’s entry/exit visa procedures and subject to the control, inspection
of the specialized management State agencies at the border-gates and must
implement the procedures for entry/exit under Vietnam’s law provisions upon
leaving the border markets, border-gate markets and markets in Border-gate
economic zones areas to go further inland of Vietnam.
Chapter 6
ORGANIZING THE IMPLEMENTATION
Article 15. Violation
handling
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Article 16. Responsibilities
the Ministry of Trade
1. The
Ministry of Finance shall preside over and coordinate with relevant ministries,
branches and People’s Committees in bordering provinces to guide and direct the
management and direction of border trading activities.
2. Authorizing
the Minister of Trade to establish the Steering Committee of border trading activities
presided over by the Ministry of Trade and participated by representatives from
ministries, branches and People’s Committees of bordering provinces; compose
the contents and operation regulations of the Committee (the Ministry of Trade
and the provincial People’s Committees are arranged operation fund by themselves)
and the inter-branch coordination mechanism for managing and operating border
trading activities as prescribed in this Decision and current law.
The Ministry
of Trade and concerned agencies shall actively coordinate to handle
difficulties arisen during the course of implementation and report to the Prime
Minister on the problems beyond their authority.
Article 17. Responsibilities
of People’s Committees in bordering provinces
People’s Committees in bordering
provinces are responsible to organize, manage and operate border trading
activities within border areas of their localities, strictly implement the
inter-branch coordination mechanism for managing and operating border trading activities.
Article 18. Responsibilities
of relevant ministries and branches
The relevant ministries and
branches, within their functions, tasks and powers, are responsible to
coordinate with the Ministry of Trade and People’s Committees of bordering
provinces to deploy the management as prescribed in this Decision, greatly
facilitate the border trading activities to develop healthy, stably and
suitable with current provisions; strictly implement the inter-branch coordination
mechanism for managing and operating border trading activities.
Article 19.
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Article 20.
Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, Presidents of the
People’s Committees of central-affiliated cities and provinces, business
subjects of border trading activities are responsible to guide and implement
this Decision ./.
THE
PRIME MINISTER
Nguyen Tan Dung