THE
MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
14/2001/TT-BTM
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Hanoi, May 02, 2001
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CIRCULAR
GUIDING GOODS SALE AND PURCHASE ACROSS VIETNAM-CHINA LAND BORDER
Pursuant to the Governments Decree No.
57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial
Law regarding activities of goods import, export, processing and sale/purchase
agency with foreign countries;
Pursuant to the Prime Ministers Decision No. 46/2001/QD-TTg of April 4, 2001
on the management of goods export and import in the 2001-2005 period;
In furtherance of the Agreement on goods sale and purchase in the border
areas between the Socialist Republic of Vietnam and the Peoples Republic of
China, signed on October 19, 1998 in Beijing;
The Ministry of Trade hereby guides in detail a number of points on goods
sale and purchase across the land border between the two countries for uniform
implementation as follows:
1. Subjects of purchasing and/or selling goods
across border:
a) Vietnamese traders being enterprises of
various economic sectors, which have been established according to law
provisions;
b) Individuals business households as prescribed
in the Governments Decree No. 02/2000/ND-CP of February 3, 2000 on business
registration, in the provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao
Cai and Lai Chau.
2. Goods sold and/or purchased across border:
a) The sold and/or purchased goods must be
compatible with the contents of the business registration certificates of the
subjects mentioned in Section 1 of this Circular. Particularly, goods on the
list of those banned from export and/or import and goods subject to export
and/or import suspension shall comply with law provisions.
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3. Quality of goods sold and/or purchased across
border:
a) Subjects conducting goods sale and/or
purchase across border shall have to comply with the provisions of legislation
on goods quality and be responsible before law for the quality of goods they
sell and/or buy.
b) For import and/or export goods on the list of
those subject to State quality control, the goods owners must request traders
providing goods expertising services to conduct the goods expertise such goods
according to the contents of State quality control prescribed in the
Governments Decree No. 20/1999/ND-CP of April 12, 1999 on the commercial
provision of goods-expertising services and Circular No. 33/1999/TT-BTM of
November 18, 1999 of the Ministry of Trade guiding the implementation thereof.
4. The border-gates for goods export and/or
import:
Goods sold and/or purchased across the border
between the two countries may be exported and/or imported through land
border-gates in the provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao
Cai and Lai Chau, including:
a) The border-gates, which have been opened
under the agreement reached between the Government of the Socialist Republic of
Vietnam and the Government of the Peoples Republic of China;
b) The border gates allowed to be opened by the
Vietnamese Government and other customs clearance places in border economic
zones along the Vietnam-China border by decisions of the Vietnamese Prime
Minister.
5. Payment for goods sold and/or purchased
across border:
a) The currencies used for payment in goods sale
and/or purchase across the border between the two countries are
freely-convertible foreign currencies, the Vietnam dong or China yuan.
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6. Customs procedures and export tax and import
tax:
Goods sold and/or purchased across border must
go through customs procedures and be subject to assorted taxes and charges as
prescribed by Vietnams law.
7. Implementation organization:
a) This Circular takes effect 15 days after its
signing and replaces Circular No. 05/TMDL -QLTT of May 7, 1992 of the Ministry
of Trade and Tourism guiding the implementation of Directive No. 94/CT of March
25, 1992 of the Chairman of the Council of Ministers on market organization and
control in the Vietnam-China border region in the new situation.
b) Goods transported across the Vietnam-China
land border for sale and purchase in Vietnam-China border markets shall not be
governed by this Circular.
FOR THE MINISTER OF TRADE
VICE MINISTER
Mai Van Dau