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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 112/2014/ND-CP
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Hanoi, November
21, 2014
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DECREE
PROVIDING
THE MANAGEMENT OF LAND BORDER GATES
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 17, 2003 Law on National
Boundaries;
At the proposal of the Minister of National
Defense,
The Government promulgates the Decree providing
the management of land border gates.
Chapter I
GENERAL PROVISIONS
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This Decree provides:
1. Inspection, control and supervision activities
of specialized state management agencies at land border gates or crossings.
2. The exit and entry of people; the exit, entry,
transit, temporary import for re-export of vehicles (below referred to as exit
and entry for short); the export, import, temporary import for re-export,
temporary export for re-import, transit, border-gate transshipment of goods and
products (below referred to as import and export) through land border gates or
crossings (below referred to as via-border gate exit and entry).
3. Border gate areas; exit, entry, stay and
temporary residence in border gate areas; the conditions, competence and time
for restriction or suspension of movement through land border gates or
crossings.
4. The opening, upgrading, planning, construction
and development of land border gate systems.
5. Responsibilities of state management agencies
for the management of land border gates and crossings.
Article 2. Subjects of
application
1. Vietnamese and foreign organizations and
individuals on exit or entry through border gates; leaving, entering, staying
or operating in land border gate or crossing areas.
2. Specialized state management agencies and
related state management agencies involved in exit and entry activities through
land border gates or crossings.
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Article 3. Interpretation
of terms
In this Decree, the terms below are construed as
follows:
1. National gate means a gate built at a border
gate, bearing the characteristics of Vietnamese culture, demonstrating the
national independence and symbolizing the friendship and solidarity with the
neighboring country.
2. Land border gate (below referred to as border
gate for short) means a place where exit, entry, transit, import, export and movements
across the national land border take place. Border gates include land border
gates, railway border gates and inland waterway border gates.
3. Inland waterway border gate means a mainland
border gate opened on a waterway running through the national land border.
4. Land border gate area (below referred to as
border gate area) means the area identified with part of its administrative
boundary overlapping the national land border line, which consists of
functional zones to ensure state management activities and service and trading
activities at the border gate.
5. Specialized state management agencies at a
border gate include agencies performing the functions and tasks of carrying out
procedures, inspecting, controlling and supervising people, vehicles, goods,
articles on exit or entry through the border gate, which include the border
guard; customs; and (medical, animal and plant) quarantine offices.
6. Neighboring countries are those sharing the land
border lines with the Socialist Republic of Vietnam, including the People’s
Republic of China, the Lao People’s Democratic Republic and the Cambodian
Kingdom.
7. Border inhabitants of two sides means Vietnamese
citizens and citizens of neighboring countries, who possess books of permanent
residence in communes, wards or townships (or equivalent administrative areas)
with part of their administrative boundaries overlapping the national land
border line.
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9. Articles means material products on exit or
entry via border gates for non-commercial purposes, including:
a/ Medical products being human corpses, remains
and ashes, bio-products, micro-bio samples, and human tissues or parts;
b/ Cultural and artistic products and objects
containing cultural or artistic content;
c/ Precious metals, gemstones, and jewelries;
d/ Mineral, animal or plant samples for research,
collection or exhibition activities;
dd/ Personal effects of passengers on exit or entry
through border gates;
e/ Other material products being articles
prescribed by relevant legal documents.
10. Cross-border movement procedures means the
administrative procedures carried out by specialized state management agencies
at border gates for people, vehicles, goods and articles on exit or entry.
These procedures include the border-guard procedures, customs procedures,
quarantine procedures and other relevant procedures under treaties to which the
Socialist Republic of Vietnam is a contracting party.
Article 4. Types of land
border gates
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1. International border gates are opened for the
entry and exit of Vietnamese and foreign people and vehicles; export and import
of goods and articles.
2. Main border gates (bilateral border gates) are
opened for the entry and exit of people and vehicles of Vietnam and neighboring
countries sharing the border gates; import and export of goods and articles.
3. Secondary border gates are opened for the entry
and exit of people and vehicles of Vietnam and neighboring countries in border
provinces; import and export of goods and articles.
4. Border crossings (crossings for travel to and
from border markets of either or two sides; border customs clearance places for
goods; temporary crossings) are opened for border inhabitants of two sides and
their vehicles and goods to travel and in other cases, aiming to implement the
border trade policy prescribed by the Prime Minister; or opened in force
majeure cases or at the special request of two sides.
Article 5. Principles of
via-border gate exit and entry
1. People, vehicles, goods and articles on exit and
entry through a border gate must have adequate valid papers; comply with the
principles and procedures for exit, entry, import and export and other
provisions of Vietnamese law and treaties to which the Socialist Republic of
Vietnam is a contracting party; and be subject to the management, inspection,
control and supervision by specialized state management agencies at the border
gate.
2. People other than inhabitants on two sides,
their vehicles and goods travelling through border crossings for implementation
of the border trade policy shall comply with the Prime Minister’s regulations.
3. The exit and entry of Vietnamese and foreign
people, vehicles, goods and articles must be made only through border gates or
crossings defined in Article 4 of this Decree.
Article 6. Responsibilities
of specialized state management agencies at border gates
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a/ To advise the Ministry of National Defense on
the implementation of the contents of state management at border gates under
the charge of the Ministry of National Defense;
b/ To assume the prime responsibility for, and
coordinate with specialized state management bodies at border gates in,
carrying out the border-guard procedures and the inspection, control and
supervision of the exit and entry of people and vehicles; activities of
managing and defending the national border sovereignty; preventing and fighting
crimes, maintaining political security, social order and safety; and perform
the tasks of military and border-guard external relations;
c/ To coordinate in inspecting and supervising
goods and articles on exit and entry via border gates; to maintain security of
imports and exports; to prevent and combat smuggling and trade frauds;
d/ To issue, modify, supplement and cancel visas;
to issue temporary residence certificates in accordance with law.
2. The border gate customs offices shall assume the
prime responsibility for, and coordinate with specialized state management
agencies at border gates in, carrying out export and import procedures for
goods at border gates; preventing and combating the transport and trading of
goods on the list of banned goods, smuggling and trade frauds; and conducting
customs inspection and supervision of vehicles on exit, entry or in transit in
accordance with law.
3. The (medical, animal and plant) quarantine
offices shall assume the prime responsibility for, and coordinate with
specialized state management agencies at border gates in, settling matters
related to quarantine and epidemic prevention activities at border gates.
Article 7. Acts prohibited
in border gate areas
1. Using counterfeit passports and papers or
passports and papers contrary to the provisions of Vietnamese law; organizing
illegal exit and entry, sending, receiving, guiding and transporting people on
illegal exit or entry.
2. Propagating for, inciting or committing acts of
undermining security, causing troubles or public disorder, causing hindrances
to lawful circulation activities at border gates; declining to abide by or
obstructing the inspection and control by specialized state management agencies
at border gates; illegally using, trading in and transporting documents and
objects containing information on military secrets and state secrets, and
harmful books, papers and cultural products.
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4. Badly affecting public sanitation, causing
environmental pollution and other acts adversely affecting the landscapes of
border gates.
5. Other activities in contravention of Vietnamese
laws and treaties to which the Socialist Republic of Vietnam is a contracting
party.
Chapter II
PROVISIONS ON EXIT AND
ENTRY THROUGH BORDER GATES, BORDER GATE AREAS, MANAGEMENT OF ACTITIVIES IN
BORDER GATE AREAS
Article 8. People on exit
and entry
1. Vietnamese citizens:
a/ Vietnamese citizens on exit and entry via
Vietnamese border gates must possess passports or valid exit and entry papers;
b/ Vietnamese citizens permanently residing in
border areas or border provinces, when traveling to opposite border areas or
provinces of neighboring countries, must possess border laissez passers or
valid exit and entry papers prescribed by treaties to which the Socialist
Republic of Vietnam is a contracting party.
2. Foreigners
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b/ Citizens of neighboring countries who
permanently reside in border areas or provinces, when traveling to opposite
Vietnamese border regions or provinces, must possess border passport substitute
papers or valid exit and entry papers as prescribed by treaties to which the
Socialist Republic of Vietnam is a contracting party.
Article 9. Vehicles on
entry and exit
1. Vietnamese and foreign vehicles on exit and
entry via border gates must comply with Vietnamese law and treaties on land
transport to which the Socialist Republic of Vietnam is a contracting party,
and be subject to the inspection, control and supervision by specialized state
management agencies at border gates.
2. Vietnamese and foreign vehicles on exit and
entry via border gates must have the following papers:
a/ Vehicle registration paper;
b/ Cross-border transport permit, transport permit;
c/ Passenger transport permit (for passenger
vehicles);
d/ Papers on cargo procedures (for cargo vehicles);
dd/ Technical safety inspection and environmental
protection certificate;
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g/ Other papers prescribed by Vietnamese law or
treaties to which the Socialist Republic of Vietnam is a contracting party.
3. Vehicle operators and persons onboard vehicles
on entry or exit must possess the following papers:
a/ The papers prescribed in Article 8 of this
Decree;
b/ Vehicle operation license (for vehicle
operators);
c/ Other papers prescribed by law and treaties on
land transport to which the Socialist Republic of Vietnam is a contracting
party.
Article 10. Imported and
exported goods and articles
Goods and articles which are imported, exported,
temporarily imported for re-export, temporarily exported for re-import,
transshipped or transited via border gates shall be accompanied by adequate
valid papers, must comply with the principles and procedures prescribed by
Vietnamese laws on import and export and treaties to which the Socialist
Republic of Vietnam is a contracting party, and are subject to the inspection,
control and supervision by specialized state management agencies at border
gates.
Article 11. Border gate
areas
1. National gates.
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a/ The barrier system: For the maintenance of
security and order and the regulation of exit and entry activities of people,
vehicles and goods through border gates;
b/ The joint control house: To be reserved for
professional activities of specialized state management agencies, comprising
the waiting area; the exit and entry procedure clearance area; the external
relations room; the violation-handling room; the command and administration
room of specialized state management agencies; equipment and technical facility
area; the meeting and guest reception room;
c/ The medical quarantine and medical treatment
isolation area;
d/ The area for procedure clearance, inspection and
supervision of vehicles on entry and exit and imports and exports;
dd/ The area of storehouses, wharves and yards for
goods to be imported or exported; cargo depots;
e/ The train station area (for railway border
gates);
g/ Piers and anchorage areas for vessels pending
exit, entry or transit procedure clearance (for inland waterway border gates).
3. Working areas of related state agencies.
a/ The working office of the Border Gate Management
Board;
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4. Service and trading activity area.
a/ Duty-free shops; goods shops, department stores
and trade centers;
b/ Postal services;
c/ Tourist services;
d/ Car parks and wharves;
dd/ Non-tariff zone (if any);
e/ Other service and trade areas.
5. Restricted areas and other areas (if any).
6. The Ministry of National Defense shall establish
the baưier systems and technical facilities to determine the boundaries between
the border gate areas and other areas and maintain and ensure political
security, social order and safety at border gate areas.
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8. Border-gate inspection, control and supervision
procedure clearance areas shall be established for the specialized state
management agencies to carry out the inspection, control and supervision
procedures according to their prescribed functions and tasks.
9. Within border gate areas, the specialized state
management agencies may arrange professional and technical facilities and
equipment for carrying out the inspection, control and supervision procedures
in accordance with law.
Article 12. Competence to
determine the scopes of border gate areas
1. Provincial-level People’s Committees shall
assume the prime responsibility for, and coordinate with the Ministries of
National Defense; Public Security; Foreign Affairs; Finance; and Industry and
Trade in, determining the scopes of international border gates and main border
gates (bilateral border gates) and report them to the Government for decision.
2. Provincial-level Border Guard Commands shall
assume the prime responsibility for, and coordinate with provincial-level
departments and sectors, including the provincial-level Military Command,
Public Security Department, Foreign Affairs Department, Industry and Trade
Department, Health Department, Customs Department, Agriculture and Rural
Development Department, Planning and Investment Department, Construction Department,
Finance Department and Transport Department and district-level People’s
Committees of localities where exist secondary border gates and border
crossings, in determining the scopes of secondary border gates and border
crossings, and propose them to provincial-level People’s Committee chairpersons
for decision.
Article 13. Activities in
border gate areas
1. Persons eligible to enter and exit a border gate
area: a/ Passengers on exit or entry;
b/ Cadres, combatants, employees and civil servants
of specialized state management agencies or related state agencies with working
offices in the border gate area;
c/ Employees of agencies and organizations and
individuals conducting service and commercial activities in the border gate
area;
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dd/ Goods owners, persons dealing in exports and
imports who enter and exit the border gate area for carrying out goods import
and export procedures;
e/ Persons coming to work with specialized state
management agencies or related agencies with working offices in the border gate
area;
g/ Persons coming for medical examination and
treatment (if there exist in the border gate area a healthcare zone for medical
examination and treatment);
h/ In addition to the cases specified at Points a,
b, c, d, dd, e and g of this Clause, persons entering or exiting the border
gate area for visit, guest reception or seeing off or other purposes shall
obtain permits and are subject to the inspection, control, supervision and
instruction of border-gate border guard posts.
2. Persons eligible to temporary residence in a
border gate area:
a/ Cadres, combatants, employees and civil servants
of specialized state management agencies or related agencies with working
offices in the border gate area;
b/ Employees of agencies or organizations, and
individuals conducting service and commercial activities in the border gate
area;
c/ Vietnamese and foreigners staying in the border
gate area for the reason of non-completion of entry or exit procedures for
people, vehicles and goods or persons staying in the border gate area for other
plausible reasons shall register their temporary residence and are subject to
the management, inspection and supervision by border-gate border guard
stations.
3. Organizations and individuals conducting service
and commercial activities in a border gate area shall acquire permits issued by
competent agencies and operate within the fields prescribed in the permits.
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a/ Vehicles transporting persons on entry or exit,
imports and exports; vehicles transporting, loading or unloading cargoes at
cargo storehouses and yards in the border gate area;
b/ Vehicles being exported or imported goods;
c/ Vehicles transporting cadres, combatants,
employees and civil servants to work at the border gate or private vehicles of
these persons;
d/ Vehicles of Vietnamese or foreigners staying in
the border gate area for the reason of completion of entry or exit procedures
for vehicles or cargoes shall be registered for stay and are subject to the
management, inspection and supervision by border-gate border guard stations;
dd/ Vehicles entering, exiting, operating or staying
in the border gate area must have adequate valid papers relevant to the purpose
of their operation at the border gate.
5. Border guard units shall assume the prime
responsibility for, and coordinate with specialized state management agencies
in, guiding the procedures, inspecting, controlling and supervising Vietnamese
and foreign organizations, individuals and vehicles operating in border gate
areas under this Decree, relevant laws and treaties to which the Socialist
Republic of Vietnam is a contracting party.
Article 14. Chains of
inspection and control by specialized state management agencies at
international border gates and main border gates (bilateral border gates)
1. For persons and vehicles on entry and exit;
exports and imports:
a/ At border gates of exit: Customs-(medical,
animal, plant) quarantine-border guard;
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2. In case of occurrence of an epidemic, the
inspection, control and supervision chain applicable to people and vehicles on
entry and exit, imports and exports shall be arranged as follows:
a/ At border gates of exit: (Medical, animal,
plant) quarantine-customs-border guard;
b/ At border gates of entry: (Medical, animal,
plant) quarantine-border guard-customs.
Article 15. Inspection,
control and supervision at secondary border gates and border crossings
1. At secondary border gates or border crossings
where adequate specialized state management agencies are located and technical
infrastructure facilities for state management are available (areas for
carrying out entry, exit, import and export inspection, control and supervision
procedures; storehouses and yards for concentration of to-be-exported and
-imported goods, roads for cargo transport; car parks and wharves), the
inspection, control and supervision of entry and exit activities through the
national border are the same as those for international border gates or main
border gates.
2. At secondary border gates or border crossings
where there are inadequate specialized state management agencies and technical
infrastructure facilities, the procedures for inspecting, controlling and
supervising the cross-border movement of border inhabitants of two sides shall
be carried out at border guard control stations.
3. The Ministries of National Defense; Industry and
Trade; and Finance and People’s Committees of border provinces shall coordinate
with one another in directing and managing exit and entry activities through border
crossings opened for the effective implementation of the border trade policy in
accordance with Vietnamese laws and treaties to which the Socialist Republic of
Vietnam is a contracting party.
Article 16. Working hours
at border gates
1. The working hours at border gates must comply
with provisions of the treaties to which the Socialist Republic of Vietnam is a
contracting party.
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3. Chairpersons of the People’s Committees of
border provinces shall reach agreement with the administrations of the opposite
provinces to prescribe or change working hours at secondary border gates and
border crossings after consulting the Ministry of National Defense and the
Ministry of Finance.
4. Provincial-level Border Guard commanders shall
reach agreement with functional agencies of neighboring countries to decide on
the time for opening border gates beyond the daily working hours in cases of
urgency related to defense, security, natural disasters, fires, rescue of
victims, pursuit of criminals or for other force majeure reasons, and at the
same time promptly report it to the provincial-level People’s Committee and
Border Guard Command and take responsibility before law for their decisions.
Article 17. Competence to
restrict or suspend cross-border movement at border gates
For national defense, security, natural disaster,
epidemic combat or other special reasons or at the request of neighboring
countries, the competence to decide on restriction or suspension of
cross-border movement at border gates is prescribed as follows:
1. The Prime Minister shall decide to restrict or
suspend the cross-border movement at international border gates at the proposal
of the Minister of National Defense or the Minister of Public Security.
2. Provincial-level People’s Committee chairpersons
shall decide on the restriction or suspension of cross-border movement at main
border gates (bilateral border gates) at the proposal of provincial-level
Border Guard commanders for not more than 24 hours and shall promptly report it
to the Prime Minister.
3. Provincial-level Border Guard commanders shall
decide to restrict or suspend the cross-border movement at main border gates
(bilateral border gates) for not more than 6 hours; at secondary border gates
or border crossings for not more than 12 hours, and shall immediately report it
to the Border Guard Command and provincial-level People’s Committees.
4. Heads of border guard posts shall decide to
restrict or suspend the cross-border movement at secondary border gates or
border crossings for not more than 6 hours and shall immediately report it to
the provincial-level Border Guard Commands and district-level People’s
Committees.
5. The Ministry of Public Security, the Ministry of
Health and the Ministry of Agriculture and Rural Development shall assume the
prime responsibility for, and coordinate with the Ministry of National Defense
and provincial-level People’s Committees of localities where exist border gates
in, implementing the provisions of Clauses 1, 2, 3 and 4 of this Article for
cases of restriction or suspension of the cross-border movement at border gates
or border crossings for reasons of national security or epidemic prevention and
combat.
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a/ Provincial-level People’s Committee chairpersons
shall decide to extend the restriction or suspension of cross-border movement
at main border gates (bilateral border gates) for not more than 24 hours;
b/ Provincial-level Border Guard commanders shall
decide to extend the restriction or suspension of cross-border movement for not
more than 6 hours at main border gates (bilateral border gates) or not more
than 12 hours at secondary border gates or border crossings;
c/ Heads of border guard posts shall decide to
extend the restriction or suspension of cross-border movement for not more than
6 hours at secondary border gates or border crossings.
7. The competent persons defined in Clauses 1, 2,
3, 4, 5 and 6 of this Article are held responsible before law for their
decisions. Before issuing decisions on the restriction or suspension or
extension of the restriction or suspension of cross-border movement at border
gates or when the situation returns to normal, they shall notify such to the local
administrations, functional agencies of neighboring countries, related agencies
and people for compliance.
In case of restriction or suspension of
cross-border movement at border gates or border crossings without bilateral
unanimity, the competent persons defined in Clauses 1, 2, 3, 4, 5 and 6 of this
Article shall notify the provincial-level Departments of Foreign Affairs (with
regard to the restriction or suspension of cross-border movement at secondary
border gates and border crossings) or the Ministry of Foreign Affairs (with
regard to the restriction or suspension of cross-border movement at
international border gates or main border gates (bilateral border gates) for
coordination in handling foreign affairs.
8. The restriction or suspension of cross-border
movement at border gates must conform to provisions of treaties to which the
Socialist Republic of Vietnam is a contracting party.
Chapter III
BORDER GATE PLANNING AND
CONSTRUCTION
Article 18. Border gate
planning
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2. The Government shall perform the unified
management of the planning of the development of the border gate system
nationwide; approve provincial border gate systems and approve the master plans
on the scopes of international border gates and main border gate areas.
3. The Ministry of Foreign Affairs shall assume the
prime responsibility for, and coordinate with the Ministries of National
Defense; Public Security; Finance; Industry and Trade; Transport; and Planning
and Investment, and the People’s Committees of border provinces in, formulating
and appraising master plans on development of the border gate system
nationwide, and submit them to the Government for approval.
4. The Ministry of Construction shall assume the
prime responsibility for, and coordinate with the Ministries of National
Defense; Public Security; Foreign Affairs, Finance; Industry and Trade;
Transport; and Planning and Investment, and the People’s Committees of border
provinces with international border gates or main border gates in, formulating
and appraising master plans on construction of international border gate and
main border gate areas, and submit them to the Government for approval.
5. The People’s Committees of border provinces
shall:
a/ Assume the prime responsibility for, and coordinate
with the Ministries of National Defense; Public Security; Foreign Affairs;
Finance; Industry and Trade; Transport; and Planning and Investment in,
formulating and appraising master plans on development of the border gate
systems in their provinces (based on the master plan on development of the
border gate system nationwide), and submit them to the Government for approval;
b/ Survey and identify the scopes of border gate or
border crossing areas in theữ provinces; approve master plans on secondary
border gates and border crossings; and submit the scopes of international
border gates or main border gates to the Government for approval;
c/ Elaborate, appraise and approve master plans on
construction of secondary border gate or border crossing areas.
6. The construction of border gates must comply
with the construction law and current legal documents.
Article 19. Principles of
and competence for opening and upgrading of border gates
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a/ With the agreement of the provincial-level
administrations of localities of two sides where exist border gates; the
approval of the Governments of the Socialist Republic of Vietnam and the
neighboring country or under decisions of competent Vietnamese agencies on
opening as prescribed by this Decree;
b/ Being included in the master plan on development
of the border gate system nationwide; meeting the requirements of local and
national long-term socio-economic development;
c/ Guaranteeing the national border territorial
sovereignty, defense and security, and external relations;
d/ Being suitable to the flows of people, vehicles
and goods on entry and exit.
2. Competence to open and upgrade border gates
a/ The Government shall decide on the opening and
upgrading of international border gates and main border gates according to
Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a
contracting party;
b/ The People’s Committees of border provinces
shall decide on the opening of secondary border gates and border crossings
after consulting related ministries and sectors and obtaining the approval of
the Government.
Article 20. Order of
opening and upgrading border gates
1. The opening and upgrading of an international
border gate or a main border gate (bilateral border gate) shall be carried out
according to the following order and procedures:
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b/ Within no more than 15 working days after
receiving the provincial-level Border Guard Command’s proposal on the opening
or upgrading of the international border gate or main border gate (bilateral
border gate), the People’s Committee of the border province shall send an
official letter to the administration of the border province of the neighboring
country, proposing negotiations on the selection of the sites for border gate
opening or upgrading and the implementation plan (tentative time for opening or
upgrading of the border gate);
c/ Within no more than 20 working days after the
conclusion of negotiations with the provincial-level administration of the
neighboring country, the People’s Committee of the border province shall send
to the Government (through the Ministry of Foreign Affairs) a dossier on
opening or upgrading of the border gate (one set comprising the master plan
diagram, map of the area for opening or upgrading of the international border
gate or main border gate (the original); a report assessing the socio-economic,
defense and security impacts (the original); a report on the flows of people,
vehicles and goods on entry and exit (the original); and copies of the
agreement and negotiation minutes);
d/ Within 30 working days after receiving the
border gate opening or upgrading dossier report of the People’s Committee of
the border province, the Ministry of Foreign Affairs shall assume the prime
responsibility for, and coordinate with the Ministries of National Defense;
Public Security; Industry and Trade; Finance; Planning and Investment;
Construction; Transport; Agriculture and Rural Development; and Health in,
surveying the site of the to-be-opened or -upgraded international border gate
or main border gate;
dd/ Within 20 working days after the completion of
surveys, the Ministry of Foreign Affairs shall summarize the survey results and
comments of other ministries, and report them to the Government for decision on
the opening or upgrading of the international border gate or main border gate;
e/ Within 10 working days after the Government
issues a decision on opening or upgrading of the border gate, the Ministry of
Foreign Affairs shall send a note to the neighboring country, notifying the
Socialist Republic of Vietnam Government’s consent to the opening or upgrading
of the international border gate or main border gate;
g/ Within 10 working days after receiving the
neighboring country’s note via diplomatic channels agreeing to the border gate
opening or upgrading, the Ministry of Foreign Affairs shall notify it to the
People’s Committee of the border province for discussion with the provincial-
level administration of the neighboring country and coordination in holding a
ceremony to officially start the opening or upgrading of the international
border gate or main border gate;
Within 5 working days after receiving an official
letter from the provincial-level administration of the neighboring country
agreeing to the time for holding a ceremony to officially start the opening or
upgrading of the international border gate or main border gate, the People’s
Committee of the border province shall notify it to the ministries specified at
Point d of this Clause for coordinated implementation.
2. The opening and upgrading of a secondary border
gate or border crossing shall be carried out according to the following order
and procedures:
a/ At the proposal of the provincial-level Border
Guard Command, the chairperson of the People’s Committee of the border province
shall decide to form a working team composed of representatives of the related
provincial-level departments and sectors, including the Border Guard Command,
the Military Command, the Departments of Public Security; Foreign Affairs;
Industry and Trade; Health; Customs; Agriculture and Rural Development;
Planning and Investment; Finance; and Transport; and the district-level
People’s Committee of the locality where the to-be-opened or -upgraded
secondary border gate or border crossing, with the provincial-level Border
Guard Command assuming the prime responsibility for conducting surveys to
identify the site for the to-be-opened or -upgraded secondary border gate or
border crossing, physical foundations, equipment and facilities and human
resources for inspection and control, and the flows of people, vehicles and
goods on entry and exit. Within 7 working days after completing the survey, the
provincial-level Border Guard Command shall summarize the survey result and
propose the provincial-level People’s Committee on the opening or upgrading of
the secondary border gate or border crossing;
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c/ Within 20 working days after the conclusion of
negotiations with the provincial- level administration of the neighboring
country, based on the negotiation results, the People’s Committee of the border
province shall send an official letter asking for comments of the Ministries of
National Defense; Foreign Affairs; Public Security; Industry and Trade;
Finance; Agriculture and Rural Development; Planning and Investment; Transport;
and Health (enclosed with a dossier set comprising the master plan diagram and
map of the site of the to-be-opened or -upgraded secondary border gate or
border crossing (the original); a report on socio-economic, defense and
security impacts (the original); a report on the flows of people, vehicles and
goods on entry and exit (the original); and copies of the agreement and
negotiation minutes). Within 10 working days after receiving the official
letter of the People’s Committee of the border province, the ministries shall
reply in writing;
d/ Based on the comments of the ministries
specified at Point c of this Clause, the People’s Committee of the border
province shall send a summarization report to the Government (enclosed with a
dossier set comprising a report to the Government (the original); the master
plan diagram and map of the area for opening or upgrading of the secondary
border gate or border crossing (the original); a report on socio-economic,
defense and security impacts (the original); a report on the flows of people,
vehicles and goods on entry and exit (the original); a summarization report on
comments of the ministries and sectors (the original); and copies of the
agreement and negotiation minutes;
Within 10 working days after receiving the written
approval of the Government, the People’s Committee of the border province shall
issue a decision to open or upgrade the secondary border gate or border
crossing and notify it to the ministries specified at Point c of this Clause;
dd/ Within 7 working days after issuing the decision
on the opening or upgrading of the secondary border gate or border crossing,
the People’s Committee of the border province shall send an official letter to
the provincial-level administration of the neighboring country for agreement on
the time for official operation of the secondary border gate or border crossing
(based on the practical situation, it can propose the holding of a ceremony for
official opening of the secondary border gate or border crossing);
Within 5 working days after receiving a written
reply of the provincial-level administration of the neighboring country
agreeing to the time for official operation of the secondary border gate or
border crossing, the People’s Committee of the border province shall notify it
to the ministries specified at Point c of this Clause for coordinated
implementation.
Chapter IV
BORDER-GATE STATE
MANAGEMENT AND RESPONSIBILITIES OF MINISTRIES, SECTORS AND PROVINCIAL-LEVEL
PEOPLE’S COMMITTEES
Article 21. Contents of
the state management of border gates
1. To promulgate, and organize the implementation
of, legal documents on border gates.
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3. To formulate master plans on development of
border gate systems; opening and upgrading of border gates.
4. To develop policies for management of exit and
entry activities through border gates.
5. To organize, train and retrain the specialized
state management forces at border gates to raise their professional
qualifications; to invest in equipment and facilities, construction of
infrastructure facilities in border gate areas, to conduct scientific and
technological research and application to managerial work and facilitate exit
and entry activities through border gates.
6. To negotiate, conclude and organize the
implementation of, treaties on border gates; to implement international
cooperation on construction and management of border gates.
7. To inspect, examine and settle complaints and
denunciations and handle violations of the law on border gates.
Article 22.
Responsibilities of the Ministry of National Defense
1. To assume the prime responsibility for, and
coordinate with related ministries and sectors and People’s Committees of
border provinces in, taking responsibility to the Government for the state management
of border gates.
2. To direct the Border Guard to perform the
function of state management of national defense; to ensure the national
territorial sovereignty, to maintain political security, social order and
safety in border gate areas; to assume the prime responsibility for carrying
out the procedures, inspection, control and supervision of exit and entry of
people and vehicles; to coordinate in inspecting and supervising imports and
exports; to issue permits as prescribed; to assume the prime responsibility
for, and coordinate with related ministries and sectors in the opening and
upgrading of border gates and border crossings; to guide the procedures
applicable to people and vehicles outside the border gate areas on entry or
exit via border crossings.
3. To coordinate with the Ministry of Foreign
Affairs, other related ministries and People’s Committees of border provinces
in building, planning and developing the border gate system, ensuring defense
and security requirements.
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Article 23.
Responsibilities of the Ministry of Finance
1. To coordinate with the Ministry of National
Defense in ensuring budgets for the implementation of this Decree in accordance
with the Law on the State Budget and its guiding documents.
2. To direct the General Department of Customs to
perform the state management of border-gate customs according to Vietnamese
laws and treaties to which the Socialist Republic of Vietnam is a contracting
party.
Article 24.
Responsibilities of the Ministry of Health
1. To organize, guide and supply equipment for, the
medical quarantine agencies to perform the function of medical quarantine at
land border gates and crossings according to Vietnamese laws and treaties to
which the Socialist Republic of Vietnam is a contracting party.
2. To coordinate with the Ministry of National
Defense in restricting or suspending the cross-border movement at land border
gates and crossings in case of human epidemics as prescribed by this Decree.
Article 25.
Responsibilities of the Ministry of Agriculture and Rural Development
1. To direct the animal and plant quarantine
agencies to perform the function of animal and plant quarantine at land border
gates and crossings according to Vietnamese laws and treaties to which the
Socialist Republic of Vietnam is a contracting party.
2. To coordinate with the Ministry of National
Defense in restricting or suspending cross- border movement at land border
gates and crossings in case of epidemic occurrence as prescribed by this
Decree.
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1. The Ministry of Foreign Affairs:
a/ To assume the prime responsibility for, and
coordinate with the Ministries of National
Defense; and Planning and Investment, and People’s
Committees of border provinces in, formulating the master plans on development of
the systems of land border gates nationwide, and submit them to the Government
for approval;
b/ To discharge the responsibilities related to the
opening and upgrading of border gates under Article 20 of this Decree; to guide
the processes and procedures for opening and upgrading border gates and
crossings; if a treaty to which the Socialist Republic of Vietnam is a
contracting party otherwise provides, that treaty prevails.
2. The Ministry of Public Security:
a/ To coordinate with the Ministry of National
Defense in guiding the control of exit and entry activities through border
gates;
b/ To direct public security units and local forces
to coordinate with the border guard forces and related agencies in performing
the tasks of protecting the national security, maintaining social order and
safety, and preventing and fighting crimes in border gate areas.
3. The Ministry of Industry and Trade:
a/ To perform the state management of export and
import and border trade activities through border gates;
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c/ To coordinate with related ministries and
sectors and People’s Committees of border provinces in combating smuggling and
trade frauds across border gates.
4. The Ministry of Construction:
a/ To assume the prime responsibility for, and
coordinate with the Ministries of National Defense; Finance; Foreign Affairs;
Planning and Investment; Health; and Agriculture and Rural Development, and the
People’s Committees of border provinces in, formulating master plans on
construction of international border gate and main border gate areas;
b/ To study and formulate designing standards,
asking for comments of the Ministries of National Defense; Finance, Health,
Agriculture and Rural Development; Planning and Investment; and Culture, Sports
and Tourism for the construction of national gates and joint control houses,
and submit them to the Prime Minister for approval for implementation
nationwide;
c/ To perform the state management of construction
of technical infrastructure facilities and works in land border gate areas
according to its prescribed functions, tasks and powers.
5. The Ministry of Planning and Investment:
a/ To assume the prime responsibility for, and
coordinate with the Ministries of National Defense; Public Security; Foreign
Affairs and related ministries and sectors and the People’s Committees of
border provinces in, advising the Government on the formulation of strategies
for socio-economic development of land border gate areas nationwide;
b/ To assume the prime responsibility for, and
coordinate with the Ministry of Finance in, balancing annual development
investment budgets and mobilizing other resources for investment in the
construction of facilities in land border gate areas.
6. The Ministry of Transport:
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b/ To implement the regulations on via-border gate
exit and entry of transport vehicles under the provisions of treaties to which
the Socialist Republic of Vietnam is a contracting party.
7. The Vietnam Committee for Cooperation on Border
Gate Management:
To assume the prime responsibility for, and
coordinate with ministries, sectors and localities in, implementing the
Vietnam-China Agreement on Border Gates and Regulation on Management of Land
Border Gates according to its functions, tasks and powers defined in the
Charter of the Vietnam-China Committee for Management of Land Border Gates and
relevant legal documents.
Article 27.
Responsibilities of the People’s Committees of provinces with border gates
1. To direct the construction of national gates,
joint control houses, infrastructure facilities and transport systems in border
gate areas.
2. To arrange budget sources for placing signboards
and instruction signs at border gates.
3. To annually deduct local budgets for
implementation of the Decree; to coordinate with the Ministry of National
Defense and related ministries and sectors in organizing the propagation, study
and implementation of the Decree.
4. To direct the Border Gate Management Boards to
administer and coordinate with specialized state management agencies and
related state management agencies in handling matters in the administrative
procedures and environmental sanitation and the management of common
infrastructures, property and equipment, aiming to ensure the state management
at border gates.
Chapter V
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Article 28. Effect
This Decree takes effect on January 15, 2015, and
replaces the Government’s Decree No. 32/2005/ND-CP of March 14, 2005, on the
Regulation on Land Border Gates.
Article 29. Guidance and
implementation responsibility
1. The Ministers of National Defense; Public
Security; Finance; Industry and Trade; Foreign Affairs; Health; Agriculture and
Rural Development; Transport; and Construction, shall, according to their
respective competence, detail and guide articles and clauses as assigned in
this Decree.
2. The Ministry of National Defense shall assume
the prime responsibility for, and coordinate with related ministries and
sectors in, guiding and inspecting the implementation of this Decree.
3. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, chairpersons of provincial-level
People’s Committees, and related agencies, organizations and individuals shall
implement this Decree.-
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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