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THE MINISTRY
OF TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 724/1999/QD-BTM
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Hanoi, June 08, 1999
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DECISION
ISSUING THE REGULATION ON ORGANIZATION AND
MANAGEMENT OF VIETNAM-CAMBODIA BORDER MARKETS
THE MINISTER OF TRADE
Pursuant to the Government’s Decree No. 95/CP
of December 4, 1993 on the functions, tasks, powers and organizational
apparatus of the Ministry of Trade;
Pursuant to Document No. 1269/KTTH of March 26, 1999 of the Government’s Office
announcing the Prime Minister’s opinion to authorize the Minister of Trade to
promulgate the Regulation on organization and management of Vietnam-Cambodia
border markets;
With a view to unifying the organization and management of goods circulation
activities in the border areas of Vietnam, meeting the requirements of the
country’s economic development as well as the promotion of Vietnam-Cambodia
friendship,
DECIDES:
Article
1.- To issue together with this Decision the Regulation on
organization and management of Vietnam-Cambodia border markets.
Article 2.- The presidents of the People’s Committees, the
directors of Trade Services of south-western border provinces and the heads of
functional agencies under the Ministry of Trade shall have to implement this
Decision.
This Decision takes effect 15 days after its
signing.
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THE MINISTRY OF TRADE
MINISTER
Truong Dinh Tuyen
REGULATION
ON ORGANIZATION AND MANAGEMENT OF
VIETNAM-CAMBODIA BORDER MARKETS
(Issued together with the Decision No.
0724/1999/QD-BTM of June 8, 1999)
Chapter
I
GENERAL PROVISIONS
Article
1.- This Regulation shall apply to markets on the Vietnamese
territory, in the Vietnam-Cambodia border area.
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Chapter II
SUBJECTS AND CONDITIONS FOR
DOING BUSINESS IN THE MARKETS
Article
3.-
3.1. Vietnamese citizens with permanent
residence registration in the Vietnam-Cambodia border area (hereafter referred
to as residents for short) may enter the markets for goods exchange, purchase
and sale. Vietnamese citizens with permanent residence registration outside the
border area, when entering the markets for goods exchange, purchase and/or
sale, shall have to abide by the Regulation on border areas.
3.2. Cambodian citizens with permanent residence
registration in the border area of Cambodia (hereafter referred to as residents
for short), who have the cross-border laissez-passers granted by the competent
Cambodian agencies and abide by the Vietnam’s Regulation on border areas, may
enter Vietnam’s border markets for goods exchange, purchase and/or sale to meet
their production and consumption demand.
Article 4.-
4.1. Vietnamese traders, if permitted by the
market management board to open stores (shops, booths...) at locations arranged
by the board, may conduct their business in the markets.
4.2. Cambodian traders shall be considered for
granting books on regular business in the markets, if they fully meet the
following conditions:
- Being Cambodian citizens with permanent
residence registration in the border area of Cambodia and border identity cards
granted by the competent Cambodian agencies.
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Chapter III
GOODS EXCHANGE, PURCHASE AND
SALE IN THE MARKETS
Article
5.-
5.1. Goods exchanged and traded in the markets
must be commodities allowed to be circulated on the market according to the
provisions of Vietnamese laws.
5.2. The transport of goods through border gates
shall comply with Vietnam’s current regulations on import and export
management.
Article 6.- The application of tax policies on goods traded
in the border markets is stipulated as follows:
6.1. For Vietnamese and Cambodian border
residents:
The State encourages the exchange, purchase and
sale of goods made in Vietnam and Cambodia in the markets. Goods of these
categories with the value of not more than 500,000 VNdong, when transported
through border-gates, shall be exempt from tax for one person/ one time /a day;
if the value of the goods exceeds the above-prescribed level, the goods owners
shall have to pay import and export tax on the excess amount and abide by the
customs regime of each country. In cases of goods which are indivisible (the
whole animal or complete object) agricultural, forestry or fishery products or
handicraft and/or fine arts articles, when transported though the border-gates,
if the value of each product unit is higher than the prescribed level, such product
unit shall be exempt from tax when it is transported through the border-gates.
The above tax exemption norms shall alter
according to the market demand. The Minister of Trade shall stipulate and
announce it for each specific period of time.
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6.2. For Vietnamese and Cambodian traders:
Vietnamese traders who have business licenses or
certificate of business registration in the markets and Cambodian traders who
have books on business in the markets shall have to register the tax payment
according to Vietnam’s tax laws. Goods transported across the borders shall be
subject to export or import tax according to the current regulations of the
Vietnamese State.
Article 7.- In the border markets, it is allowed to exchange
goods or to use the Vietnam "dong" and the Cambodian "riel"
as payment instruments.
Chapter IV
ORGANIZATION AND MANAGEMENT
OF THE MARKETS
Article
8.- Border markets are established and dissolved by decision of the
presidents of provincial People’s Committees, based on the Government’s
regulations and specific situation of localities, at the proposal of the
directors of provincial Trade Services.
Article 9.- Each border market has a market management board
set up and tasked in compliance with Circular No. 15-TM/CSTTTN of October 16,
1996 of the Ministry of Trade.
The district-level State management agencies in
charge of trade have the task to assist the People’s Committees of districts in
organizing and managing the border markets.
Article 10.- Traders conducting business in the markets
shall have the following rights and obligations:
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10.2. To be helped and guided in business
activities in the markets.
10.3. To be entitled to request the market
management boards and State management bodies to settle disputes over goods
volume and quality, the order and safety in purchase and sale in the markets.
10.4. To pay tax fully and on time as
prescribed. To abide by Vietnam’s law provisions relating to trading activities
in the markets.
10.5. To keep sanitation, to ensure order and
protect environment at the goods selling places.
Article 11.- The financial management and other managerial
requirements of the markets, which are not mentioned in this Regulation, shall
comply with the guidance in Circular 15-TM/CSTTTN of October 16, 1996 of the
Ministry of Trade.
Chapter V
ORGANIZATION OF
IMPLEMENTATION
Article
12.- Basing themselves on the specific characteristic of each
locality, the People’s Committees of the border provinces shall direct the
provincial Trade Services, functional branches and the People’s Committees of
districts where exist the border markets, to issue specific regulations on the
management of the markets in their respective localities according to this
Regulation and Circular No. 15-TM/CSTTTN of October 16, 1996 of the Ministry of
Trade. The contents related to the exercise of the rights and fulfillment of
obligations by the traders doing business in the markets must be posted up in
both Vietnamese and Khmer language for awareness and implementation of every
one.
Article 13.- Trade Services of the border provinces shall
assume the prime responsibility and coordinate with the local finance,
customs... offices to uniformly direct the implementation of this Regulation,
to guide the State management agencies in charge of trade in districts and
provincial towns where exist the border markets to compile the dossiers
applying for the book on regular business in the markets for subjects mentioned
in Article 4 (Clause 4.2) this Regulation.
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