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PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 45/2013/QD-TTg
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Hanoi, July 25,
2013
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DECISION
ON
PROMULGATING THE REGULATION ON ADMINISTERING ACTIVITIES AT INLAND BORDER GATES
Pursuant to the Law on organization of
Government, dated December 25, 2001;
Pursuant to the Law on national border dated
June 17, 2003;
At the proposal of Minister of Industry and
Trade;
The Prime Minister decides on promulgating the
regulation on administering activities at mainland border gates,
Article 1. To promulgate together with this Decision the regulation on
administering activities at mainland border gates.
Article 2. This Decision takes effect on October 01, 2013.
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THE PRIME
MINISTER
Nguyen Tan Dung
REGULATION
ON
ADMINISTERING ACTIVITIES AT MAINLAND BORDER GATES
(Promulgated together with the Decision No. 45/2013/QD-TTg dated July 25,
2013 of the Prime Minister)
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of
regulation
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2. This regulation provides for:
a) The unified management of activities of
specialized functional forces at borders;
b) Management of commercial assistant services at
border gates;
c) The coordination with local authorities and
border-gate management agencies of bordering countries
d) Activities of border-gate management boards.
Article 2. Subjects of
application
1. Agencies, organizations and individuals perform
the administrative management and specialized functions at the border-gate
areas.
2. Agencies, organizations and individuals
participating in activities involving export and import of goods, exit and
entry of people, means of transport and other activities at border gates.
3. Other organizations and individuals related to
the management and administering of activities at border gates.
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1. To ensure for activities at border gates to be
implemented in unified, synchronous manner, with close coordination, orderly
routine, facilitating and promoting activities of export and import of goods,
exit and entry of people, means of transport and other activities at border
gates in direction of simplifying administrative procedures.
2. To encourage all economic sectors to invest,
develop commercial services at areas of mainland border gates.
3. To be consistent with external activities and
national economic integration, to build border-gates to become bridge for exchange, cooperation, peace and
development.
4. To contribute in social-economic development in
association with assurance of security, national defense, order and social
safety for mainland border areas.
Chapter 2.
REGULATION ON UNIFIED
MANAGEMENT OF ACTIVITIES AT BORDER GATES
Article 4. Activities at border
gates
1. Specialized management activities of
functional forces, including border guards, customs and other functional forces
at border gates.
2. Activities involving export and import, exit and
entry of agencies, organizations and individuals.
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4. Activities involving coordination with local
authorities and border-gate management agencies of bordering countries.
Article 5. Coordination of
functional activities of functional forces at border gates
1. Border guards, customs, and other functional
forces at border gate shall perform activities of specialized management as prescribed
by law; be responsible before the heads of superior management agencies for the
line management activities.
2. The border-gate management boards shall
administer coordination uniformly of specialized activities of functional
forces at border gates and ensure the synchronism, orderly route in direction
of simplifying administration procedures.
Article 6. Management of
activities involving export and import, exit and entry of agencies,
organizations and individuals
1. Agencies, organizations and individuals
participating in activities involving export and import of goods, exit and
entry of people, means of transport and other activities at border gates shall
comply with legislations.
2. Upon participating in activities involving export
and import of goods, exit and entry of people, means of transport and other
activities at border gates, agencies, organizations and individuals must comply
with the border-gate internal rule and other regulations of the border-gate
management board.
Article 7. Management of
activities involving commercial assistant services at border gates
1. The border-gate management board shall manage
the construction, repair of houses, architecture objects, public works in line
with the cultural identity of country under master plans, plans, progresses
which have been approved by competent state agencies, ensure the convenience
for inspection, supervision of functional forces, travelling, working of
organizations, individuals and the border commercial development within border
gates.
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3. The border-gate management board shall
facilitate implementation of projects after grant of investment certificates
for services of goods inspection yards, transport, delivery and reception
stations, warehouses of gathering export and import goods and other logistics
at border gates.
Article 8. Coordinating with
local authorities and border-gate management agencies of bordering countries
1. The border-gate management boards shall
coordinate with People’s Committees of districts, townships and provincial
cities where setting border gates and border-gate guard station in resolving
problems involving activities of border gates such as assurance of security,
order and social safety, power supply, water supply, drainage, hygiene,
beautiful landscape, ecological environment of border-gate areas and other
problems arising.
2. The border-gate management board shall
coordinate with the border-gate management agencies and relevant functional
forces of border gates of bordering countries in:
a) Organizing periodical or irregular briefings
between the border-gate management boards of Vietnam and border-gate management
agencies of bordering countries;
b) Exchanging to unify the border-gate management
and management of procedures of two parties;
c) Timely handling difficulties arising in
activities involving export and import of goods, exit and entry of people,
means of transport and other activities across border gates or upon happening
jam at border-gates;
d) Ensuring the observance of border-gate
management agencies and relevant functional forces of border gates of bordering
countries with treaties and international agreements which Vietnam and
bordering countries have entered into or acceded.
Chapter 3.
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Article 9. Establishment of
border-gate management boards
1. Border-gate management boards shall be
established at every international border gates and key border gates where
border-gate economic zones have not yet been established.
2. For international border gates and key border
gates locating in border-gate economic zones, the management boards of
border-gate economic zones shall perform functions, tasks and powers of the
border-gate management boards as prescribed in this Regulation.
3. Chairpersons of provincial People’s Committees
shall decide on appointment of heads of the border-gate management board and
approve list of members of border-gate management boards.
Article 10. Functions of
border-gate management board
1. The border-gate management board is a public
non-business unit affiliated the provincial People’s Committee.
2. A border-gate management board shall have legal
status, account and separate seal; have head office located at border gate;
have the state administrative management funding, non-business operation
funding and development investment capital under regulations.
3. The provincial People’s Committees, the Ministry
of Industry and Trade and Border Commerce Steering Board of Central and
provincial level shall direct, guide and inspect the border-gate management
boards.
4. The relationship between a border-gate
management board with Department, sector affiliated the provincial People’s
Committee and the People’s Committee of district, township, or provincial city
where setting border gate is the coordinative relationship.
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1. To perform the unified management of activities
at border gates as prescribed at Chapter II of this Regulation.
2. To formulate and submit to the chairperson of
provincial People’s Committee for promulgation of border-gate internal rules
and organization of implementation of border-gate internal rules after
promulgation.
3. To administer, coordinate activities of function
forces at border gates involving inspection and control over export and import
of goods, exit and entry of people, means of transport and other activities
across border gates.
4. To arrange locations for inspection and control
of line management functional forces at border gates uniformly, rationally and
smoothly, to meet requirements of functions and tasks of functional forces at
border gates as prescribed by law.
5. To coordinate and resolve problems arising
during the specialized activities of functional forces at border gates. To notify
functional forces about mechanisms, policies and directions, regulations of
relevant agencies.
6. To ensure the working hours of functional forces
at border gates in accordance with provisions in border-gate internal rule;
coordinate in inspection and control at the same time which has been unified
between the border-gate management board and border-gate management agencies of
bordering countries.
7. To sum up comments of relevant organizations and
individuals about solutions to administer activities at border gates, report to
the chairpersons of provincial People’s Committees to decide or propose to
functional sectors for handing as prescribed by law.
8. To coordinate with relevant agencies in
monitoring, summing up, reporting and advising for the provincial People’s
Committees in managing activities and implementing the commercial mechanisms
and policies at border-gate areas.
9. To report monthly, quarterly, biannually and
annually or irregularly about activities at border gates to the provincial People’s
Committees.
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11. To perform other tasks as assigned by
chairpersons of provincial People’s Committees as prescribed by law.
Article 12. Organizational
structure of border-gate management board
1. A border-gate management board has a chief of
border-gate management board (abbreviated to as border-gate chief) who is
appointed by chairperson of provincial People’s Committee, 02 deputy chiefs of
border-gate management board (abbreviated to as border-gate deputy chiefs) who
are heads of border guard and customs forces at border gate.
2. Border-gate chief:
a) At border gates in the border-gate economic
zones, head of management board of border-gate economic zones shall take over
the role of border-gate chief.
b) At border gates outside the border-gate economic
zones, a Deputy Director of provincial Department of Industry and Trade or a
deputy head of management board of economic zones shall take over the role of
border-gate chief.
c) For border gates with annual goods exchange
turnover at equivalent value of 1,000 (one thousand) billion VND or more, the
chairpersons of provincial People’s Committees shall consider and decide on
appointment a civil servant equivalent to Deputy Director of specialized Department
to act as border-gate chief.
3. Other members of the border-gate management
board include heads of functional forces at border gates and civil servants,
public employees of Office of the border-gate management board.
Article 13. Tasks and powers
of border-gate chief
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2. The border-gate chief shall sign on behalf of
the border-gate management board in documents under name of the border-gate
management board in administering border gate. The relationship between
border-gate chief with heads of Departments, sectors of the provincial People’s
Committee is the coordinative relationship.
3. The border-gate chief shall invite, organize and
sponsor periodical or irregular briefings among functional forces at border
gates; decide on relevant problems arising upon remaining divergent opinions in
the border-gate management board.
4. Border-gate chief shall be responsible for
coordinating with the People’s Committees of districts, townships and
provincial cities, and relevant agencies, in reporting the chairpersons of
provincial People’s Committees about activities of administering at border
gates.
5. Border-gate chief is head of border gate
involving coordination with the border-gate management agencies of bordering countries;
presiding over periodical or irregular briefings alongside border gates of
Vietnam and bordering countries.
6. Border-gate chiefs are entitled to require
functional forces at border gates to notify about measures and result of
resolving problems arising in activities involving export and import of goods,
exit and entry of people, means of transport and other activities at border
gates.
7. Border-gate chief may authorize for a
border-gate deputy chief to administer at border gate when he/she is absent.
8. Border-gate chief may perform other tasks as
assigned by chairpersons of provincial People’s Committees as prescribed by
law.
Article 14. Office of
border-gate management board
1. Office of border-gate management board is unit
assisting for border-gate chief.
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Article 15.
1. The border-gate
management board shall submit border-gate internal rules to the chairperson of
provincial People’s Committee for approval and promulgation.
2. The border-gate internal rules must be listed
publicly at recognizable places at border gates and notify on means of mass
media in localities where setting border gate.
3. The border-gate internal rules shall include the
basic contents:
a) Working hour;
b) Regime of overtime guard of functional forces;
c) Working location;
d) Order of working and administrative procedures;
dd) Working style, costume, insignias and attitude;
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Chapter 4.
ORGANIZATION OF
IMPLEMENTATION
Article 16. The operational
funding
1. Funding for administering activities at border
gates as prescribed in this Regulation shall be allocated from the state budget
through the provincial People’s Committees and other lawful sources as
prescribed by law.
2. The operational funding includes:
a) The regular operational funding, in which
includes the part-time allowances;
b) The administrative funding: Expenditures for
electricity, water, environmental hygiene, subsidies, feeding-up allowances
under regulations and other administrative funding under regulations;
c) Funding for investment in fundamental
construction from state budget approved by competent agencies.
3. The allocation, management, use and finalization
of funding for administering activities at border gates shall comply with the
current legislations.
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Article 17. Responsibilities
of the Ministry of Industry and Trade
1. To assume the prime responsibility for, and
coordinate with relevant Ministries, sectors and the provincial People’s
Committees in guiding implementation of this Regulation.
2. To regulate and coordinate operation of the
Central steering board of boundary commerce in monitoring, inspecting, urging
implementation of this Regulation.
3. To sum up and propose matters issuing during
implementation, report to the Prime Minister to consider, decide on amending,
supplementing this Regulation in necessary case.
Article 18. Responsibilities
of other Ministries and sectors
1. Based on their assigned functions, tasks and
powers, to assume the prime responsibility for, or coordinate with relevant Ministries,
sectors and the provincial People’s Committees in directing, guiding the
functional forces of Ministries and their sectors at border gates to perform
inspection, control of export and import of goods, entry and exit of people,
means of transport and coordinate with other functional forces in inspection,
control as prescribed by current law and this Regulation.
2. To direct, guide the functional forces of
Ministries and their sectors at border gates to perform the specialized
management of export and import of goods, entry and exit of people, means of
transport; and coordinate with the Central Steering Board of Boundary Commerce
in monitoring, inspecting implementation of this Regulation.
3. To propagate, popularize provisions of this
Regulation to cadres, civil servants of Ministries and their sectors in doing
task of state management at border-gate areas.
Article 19. Responsibilities
of the provincial People’s Committees
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2. To unify with relevant Ministries and sectors
about border-gate area planning, approval for plan on construction, repair of
houses, architectures and public works under planning.
3. To promulgate, guide, urge and inspect the
implementation of the border-gate internal rules at border gated in their
localities, facilitate for the chiefs of border gates to perform the assigned
tasks under regulations.
4. To report the Central Steering Board of Boundary
Commerce, relevant Ministries and sectors about situation of administering
activities at border gates as prescribed by current law and this Regulation.
5. To propose to Ministries, sectors managing
functional forces about rewarding, disciplines applicable to teams or
individuals related to the administering of activities at border gates as
prescribed by law.