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THE
MINISTRY OF TRADE
THE MINISTRY OF FINANCE
THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
THE MINISTRY OF PUBLIC HEALTH
THE MINISTRY OF AQUATIC RESOURCES
THE STATE BANK
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
05/2004/TTLT/BTM-BTC-BGTVT-BNN-BYT-BTS-NHNN
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Hanoi,
August 17,2004
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JOINT CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER'S DECISION
NO. 252/2003/QD-TTG OF NOVEMBER 24, 2003 ON MANAGEMENT OF CROSS-BORDER GOODS
TRADING WITH BORDERING COUNTRIES
Pursuant to the Prime
Minister's Decision No. 252/2003/QD-TTg of November 24, 2003 on management of
cross-border goods trading with bordering countries;
The Ministries of Trade, Finance, Transport, Agriculture and Rural Development,
Health, and Fisheries and the State Bank of Vietnam hereby jointly guide the
implementation of the Prime Minister's Decision No. 252/2003/QD-TTg of November
24, 2003 on management of cross-border goods trading with bordering countries
as follows:
I. GENERAL
PROVISIONS
1. Regulation scope
The cross-border goods trading
activities prescribed in this Circular include:
1.1. Goods purchase, sale and
exchange activities of border residents, which are activities reserved
exclusively for border residents in compliance with the provisions of Articles
2, 5.2 and 6 of the Prime Minister's Decision No. 252/2003/QD-TTg of November
24, 2003 on management of cross-border goods trading with bordering countries.
1.2. Trading at border markets,
border-gate markets and markets in the border-gate economic zones.
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2. Goods traded across borders
All goods, excluding those
banned from export, banned from import or subject to conditional business, must
comply with the provisions of the Prime Minister's Decision No. 46/2001/QD-TTg
of April 4, 2001 on management of goods export and import in the 2001-2005
period, other relevant decisions of the Prime Minister and the guiding
documents of the Ministry of Trade and specialized branch managing ministries,
agencies, and other goods are freely exchanged, traded, exported or imported
across borders.
3. Quality of goods traded
across borders
3.1. On border medical
quarantine:
3.1.1. All kinds of goods traded
across borders must be quarantined according to the provisions of the Border
Medical Quarantine Regulation issued together with the Government's Decree No.
41/1998/ND-CP of June 11, 1998 and normative documents guiding the
implementation thereof.
3.1.2. The Ministry of Health is
the body assisting the Government in performing the function of State
management over border medical quarantine. The Preventive Medicine and HIV/AIDS
Prevention and Combat Department is the border medical quarantine agency under
the Ministry of Health, being responsible for deploying border medical
quarantine activities nationwide. The organizational system of the border
medical quarantine agencies of Vietnam shall be prescribed by the Prime
Minister.
3.1.3. In this Circular:
a. "Border medical
quarantine" means medical examination to detect the quarantine-liable
diseases and supervise contagious diseases for human beings, transport means on
entry or exit, luggage, commodities, containers, parcels, postal matters when
being imported or exported in compliance with the provisions of the Border
Medical Quarantine Regulation issued together with the Government's Decree
No.41/1998/ND-CP of June 11, 1998 and the current normative documents guiding
the implementation thereof.
b. "Border medical
quarantine offices" mean medical bodies directly responsible for
application of medical measures prescribed by the Border Medical Quarantine
Regulation in areas under their respective management.
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d. "Medical
quarantiners" are persons tasked to take direct responsibility for
application of medical measures in areas under their respective management
according to the provisions of the Border Medical Quarantine Regulation.
e. "Medical
examination" means the performance of professionally medical measures
against human beings, transport means and other quarantine objects upon their
entries, exits, import or export.
f. "Supervision of contagious
diseases" means the epidemiological, serological, causal and clinically
symptomatic investigation and supervision and the assessment of the possibility
of contagious diseases' development or spread into epidemics.
g. "Retrospective
investigation" means the use of epidemiological, microorganism-testing and
serological methods to determine a quarantine-liable disease or a contagious
disease, which has already occurred, and to find the causes of such disease.
h. "Vectors" mean
medical insects, rodents (including various species of rat...) carrying
pathogenic agents subject to quarantine, diseases communicating to human
beings.
i. "Medically handling
measures" include measures of vaccination, isolation, testing confinement,
monitoring, health check and sanitary measures such as cleansing, disinfection,
vector elimination.
j. "Quarantine-liable
diseases": bubonic plague, cholera, yellow fever and other newly arising
dangerous communicable diseases as prescribed by the Ministry of Health.
k. "Contagious diseases"
mean diseases caused by infectious agents or their toxin, which can spread to
human beings directly or indirectly through intermediate hosts, vectors or
environment.
l. "Border-gate
chiefs" mean heads of the State management agencies at border gates, who
are appointed directly by such agencies to manage and coordinate activities of
other State management bodies at the border gates, being customs offices or
border guard units, depending on each border gate.
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3.1.4. Medical quarantine objects
and locations:
3.1.4.1. All people, all
transport means and objects possibly carrying diseases, spreading diseases from
regions where quarantine-liable diseases and/or dangerous contagious diseases are
existing or circulating, upon their entries, exits, import or export, must be
subject to supervision by border medical quarantine offices at the border gates
of entry, exit, import or export. In cases where they are detected by medical
quarantine offices as being infected with or carrying vectors which spread
quarantine-liable diseases or dangerous contagious diseases as provided for in
the above-said Border Medical Quarantine Regulation they must be subject to
quarantine at quarantine areas.
Before carrying out the
procedures, the medical quarantine offices shall promptly notify such to animal
and plant quarantine offices at border gates for coordination in carrying out
the quarantine procedures in order not to affect the quarantine contents of
each branch.
When transport means must be
quarantined, all people on the transport means and objects which may carry
diseases or spread diseases on such transport means must be quarantined.
The border medical quarantine
order and procedures shall be prescribed by the Ministry of Health.
3.1.4.2. However, if the objects
capable of spreading diseases are also subject to animal or plant quarantine
(for instance, buffaloes, cows, pigs, chicken...), the examination shall be
carried out at only one stage or the medical quarantine provided for in Section
3.1 or animal or plant quarantine provided for in Section 3.2 shall apply.
3.1.5. The transportation of
human corpses and remains across borders must be medically inspected and
granted certificates by border medical quarantine offices.
The medical inspection order and
procedures shall be prescribed by the Ministry of Health.
3.1.6. Such special products as
medicinal microorganism, medicinal viruses, bio-medical products, tissues,
organs of human body blood and components of human blood must be inspected and
granted quarantine certificates by border medical quarantine offices before
they are imported or exported.
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3.1.7. Medical quarantine areas
at border gates shall be uniformly stipulated by border-gate management
agencies in coordination with border medical quarantine offices.
3.1.8. Medical quarantiners,
while performing the quarantine tasks, must wear the quarantiner's cards and
costumes affixed by badges as provided for by the Ministry of Health.
3.1.9. Quarantine of objects
entitled to diplomatic or consular privileges and immunities and other special
objects shall comply with the joint guidance of the Ministry of Health and the
Ministry of Foreign Affairs.
3.2. Animal quarantine, plant
quarantine, aquatic resource quarantine:
3.2.1. Only goods on the lists
of exports or imports subject to animal quarantine or plant quarantine, which
are announced by the Minister of Agriculture and Rural Development or subject
to aquatic resource quarantine announced by the Minister of Fisheries, shall be
subject to the quarantine procedures.
3.2.2. Lists of goods (objects)
subject to plant quarantine, which are imported, temporarily imported for re-export,
temporarily export for re-import and transited, shall be announced in each
period by the Minister of Agriculture and Rural Development and issued together
with Circular No. 73/2003/TT-BNN-BVTV of July 1, 2003 of the Ministry of
Agriculture and Rural Development guiding the work of domestic plant
quarantine.
3.2.3. Lists of goods (animals)
subject to animal quarantine, which are imported or exported, shall comply with
Decision No. 607/NN-TY/QD of June 9, 1994 of the Ministry of Agriculture and
Foodstuff Industry (now the Ministry of Agriculture and Rural Development).
3.2.4. Lists of quarantine
objects being aquatic animals and animal products, which are exported or
imported, shall comply with the Fisheries Ministry's Circular No. 02/TS-TT of
June 25, 1994.
3.2.5. Units competent to grant
quarantine certificates, to certify written quarantine registration for goods
specified at Point 3.2.1 above (hereinafter called collectively the quarantine
offices) are units assigned such tasks under decisions of the Minister of
Agriculture and Rural Development and the Minister of Fisheries (the list of
quarantine offices was inscribed in Joint Circular No.
17/2003/TTLT-BTC-NN&PTNT-BTS of March 14, 2003 guiding the inspection and
supervision of exports, imports subject to animal quarantine, plant quarantine,
aquatic resource quarantine and Decision No. 05/2003/QD-BTS of April 29, 2003
of the Minister of Fisheries amending Appendix 1 (Aquatic Resource Section) of
the above-mentioned Joint Circular).
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3.2.7. The quarantine of import
goods shall be effected by mode of registration first, then inspection later,
concretely:
- Before carrying out the
customs procedures, goods owners must register the quarantine thereof with the
quarantine offices.
- The quarantine offices may
conduct quarantines simultaneously with the goods inspection by the customs
offices or conduct quarantines after the goods have gone through the customs
procedures at the time and places determined in the quarantine registration
papers (according to the form in Appendix 2 to Joint Circular No.
17/2003/TTLT-BTC-NN&PTNT-BTS of March 14, 2003 guiding the inspection and
supervision of export, import goods subject to animal quarantine, plant
quarantine, aquatic resource quarantine).
3.2.8. Responsibility of goods
owners:
3.2.8.1. For export goods:
Before exporting goods, the
goods owners must register and declare with the quarantine offices for carrying
out inspection procedures, granting of quarantine certificates to
quarantine-liable goods according to law provisions or at requests of
purchasers.
3.2.8.2. For import goods:
Before carrying out the customs
procedures, the goods owners must register for quarantine (filling in 3 copies
according to the form in Appendix 2 to Joint Circular No. 17/2003/TTLT-BTC-NN&PTNT-BTS
of March 14, 2003 guiding the inspection and supervision of export, import
goods subject to animal quarantine, plant quarantine, aquatic resource
quarantine) with the quarantine offices.
3.2.8.2.1. When carrying out the
customs procedures, in addition to the dossier set prescribed by the customs
offices, to submit the quarantine registration papers certified by the
quarantine offices.
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3.2.8.2.3. For goods undergoing the
quarantine procedures after the completion of the customs procedures:
- To take in-status-quo goods
already cleared from customs procedures back to the right places, at the right
time registered in the quarantine registration papers.
- In case of force majeure
events rendering them unable to take the goods back to the registered places
and at the registered time for quarantine, to give explanations to the
quarantine offices.
3.2.8.2.4. To strictly fulfill
the following obligations:
- To circulate goods only after
the quarantine offices grant the quarantine certificates.
- To abide by the handling
decisions (if any) of the quarantine offices against the goods lots.
- For the quarantined goods
lots, which fail to satisfy the import conditions, they must be re-exported;
when carrying out the export procedures, to produce the import customs
dossiers, coercive re-export decisions of the quarantine offices and goods to
the customs offices where the import procedures were carried out for the goods
lots.
3.2.9. Responsibility of
quarantine offices:
3.2.9.1. To take responsibility
for the registration, certification in the quarantine registration papers, to
return to goods owners two copies and to keep one copy thereof.
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3.2.9.3. For goods lots already
cleared from customs procedures, before conducting the quarantine, to compare
goods with the declarations of goods owners and with the customs dossier set.
If there appear disparities, to make record thereon and handle goods according
to law provisions.
3.2.9.4. After the quarantine,
if the goods are subject to destruction, to organize the destruction strictly
according to law provisions; if the goods are subject to re-export, to issue
decisions on coercive re-export, clearly stating the time for re-export,
handing one copy to the goods owners for implementationa and sending one copy
to the customs offices (where the import procedures were carried out for the
goods lots) for coordinated implementation; to monitor the goods lots till they
are actually re-exported; to handle violations against goods owners who fail to
seriously abide by the decisions on coercive re-export.
3.2.9.5. To promptly notify the
provincial/municipal Customs Departments of the organizations and individuals
that fail to fulfill the commitments and effect the registered quarantine;
propose the compulsory customs procedures for subsequent goods lots.
3.2.9.6. When organizations or
individuals have already executed the handling decisions, the quarantine
offices (which propose the coercive customs procedures) grant the written
certifications for the customs offices to remove the customs procedure
coercion, clearly stating the coerced enterprises under notices (number, date,
violation acts, handling form).
3.2.10. Responsibility of
customs offices:
3.2.10.1. For export goods:
The customs offices shall only
request the submission of quarantine certificates for goods liable to
quarantine under law provisions.
3.2.10.2. For import goods:
3.2.10.2.1. Upon accepting to
register the customs dossiers, to request the goods owners to submit one
quarantine registration paper (the original) certified by the quarantine
office; to carry out the procedures according to regulations.
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3.2.10.2.3. For import goods
lots already registered for quarantine but not permitted for import due to
violations of the policy on export and import management, the customs offices
where the procedures are carried out shall give certification, clearly
inscribing in the quarantine registration papers the reasons therefor.
3.2.10.2.4. To effect coercive
customs procedures against export, import goods of organizations or individuals
at the proposals of the quarantine offices due to violations of legislation on
quarantine of import goods already registered for quarantine.
3.2.10.2.5. To remove the
coercion when organizations or individuals submit the copies and produce the
originals of the documents of the quarantine offices (which propose the
coercion) certifying that the handling decisions were already executed. The
copies of organizations must be certified, signed and stamped; individuals'
duplicates are photocopies.
3.2.11. Coordinating relations:
3.2.11.1. Where the quarantine
offices request the quarantine of the goods lots before completing the customs
procedures, two relevant agencies must closely coordinate with each other and
the customs offices shall decide on customs clearance only after the quarantine
offices make conclusions.
3.2.11.2. Annually, the customs
sub-departments shall preside over meetings with the relevant quarantine
offices in order to draw experiences on the coordination in inspection and
supervision of quarantine-liable goods. In case of necessity, extraordinary
meetings can be organized at the request of the customs offices or the
quarantine offices.
3.3. On food hygiene and safety
control:
3.3.1. For food exported or
imported through official and unofficial channels, enterprises must produce
base standards (already announced the quality with competent health bodies) and
the results of inspection of the goods lots by a quality inspection State
agency designated by the Ministry of Health. Subjects failing to fully acquire
the above-mentioned dossiers must be subject to goods quality inspection before
the circulation thereof.
3.3.2. Upon the appearance of
epidemics, the quarantine is necessary and continual (especially when there are
epidemiological instructions on diseases which may spread to human beings or
animals, plants) according to the regulations of the managing ministries.
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3.4. On quality control:
3.4.1. Goods, luggage, equipment
of the following subjects shall not be subject to the State quality inspection:
- Purchased, sold, exchanged
goods of border residents; goods brought into border markets, border-gate
markets, markets in the border-gate economic zones;
- Personal effects, diplomatic
goods, sample goods, exhibition or fair goods, gifts;
- Supplies, equipment, machinery
of investment joint ventures, which are not directly circulated on the market
but only serve the goods production demands of the establishments;
- Goods, supplies, equipment,
temporarily imported for re-export;
- Goods on transit, border-gate
transshipment;
- Goods deposited in bonded
warehouses;
- Goods processed by Vietnamese
enterprises for foreign traders.
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3.4.3. The State quality
inspection prescribed in this Circular shall be effected by mode of
registration first and inspection later:
- Registration first means the
goods owners make inspection registration with the State quality inspection
bodies (hereinafter called the inspection bodies for short) before carrying out
the customs procedures for import.
- Inspection later means the
quality inspection shall be conducted by the inspection bodies after the goods
are cleared from the customs procedures.
3.4.4. For the following goods,
the inspection bodies shall not certify the inspection registration papers and
the goods shall be cleared from customs procedures only after the inspection
agencies announce the satisfaction of quality requirements:
- The inspection bodies have
objective evidences that the import goods lots registered for inspection fail
to satisfy the prescribed quality requirements;
- The inspection bodies detect
that the previously imported lots of goods of the same goods owners fail to
satisfy the prescribed quality requirements.
3.4.5. The quality inspection of
Vietnamese export goods shall comply with bilateral or multilateral agreements
between Vietnam and the relevant countries or international organizations.
3.4.6. Goods owners' import
goods shall be granted inspection-free notices by inspection bodies in the
following cases:
- The import goods bear standard
compatibility signs of exporting countries, which are recognized and announced
in each period by the General Department of Standard, Metrology and Quality
(under the Ministry of Science and Technology);
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- The goods have satisfied the
inspection exemption conditions prescribed by the specialized branch-managing
ministries.
3.4.7. For goods items on the
list of those subject to both the State quality inspection and other required
inspections (determining the remaining quality of used goods), these required
inspections shall all be performed by the State quality inspection bodies (For
example: The used land transport means must only go through the State
inspection at Vietnam Register) and the examination to determine the quality
compatibility of the used equipment as provided for in the Prime Minister's
Decision No. 46/2001/QD-TTg of April 4, 2001 on management of goods export and
import in the 2001-2005 period.
3.4.8. Responsibility of goods
owners:
The goods owners must bear
responsibility before law for the import goods quality as prescribed and
satisfy the following requirements when importing goods on the list of goods
subject to State quality inspection:
- Before the goods arrive at
border gates, goods owners must register the quality inspection with the
inspection bodies. The inspection registration papers shall be prescribed by
the inspection bodies.
- Within one working day after
the goods are cleared from customs procedures, the goods owners must produce
their goods in status quo together with the set of customs dossiers having
already gone through the customs procedures as well as other prescribed
dossiers and documents for the inspection bodies to perform the quality
inspection at the right places already registered by the goods owners with the
inspection bodies.
- The goods owners shall be
permitted to put import goods to use only after the inspection bodies issue
notices on satisfaction of import quality requirements.
- The goods owners must execute
the handling decisions of the specialized State management agencies in case of
violating the regulations on State inspection of import goods quality.
- Where goods are forced to be
re-exported, the goods owners must re-export them within the time limits prescribed
in the compulsory re-export decisions of the specialized State management
agencies. Upon the re-exports, the goods owners must produce their goods,
customs dossiers and compulsory re-export decisions for the border-gate customs
to carry out the re-export procedures.
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3.4.9.1. To perform the
inspections and issue notices on results of State quality inspection of import
goods or notices on inspection exemption according to the provisions of Point
3.4.6 of this Circular.
3.4.9.2. Within one working day
after the receipt of goods owners' written requests, the goods inspection
bodies must certify the registration papers for State quality inspection of
import goods or issue notices on inspection exemption for the goods owners to
submit them to the customs offices when carrying out procedures for goods
import.
- For goods mentioned at Point
3.4.4 of this Circular, the inspection bodies shall not certify the State
inspection registration papers; in this case, the goods shall be cleared from
customs procedures only when there are notices on satisfaction of import
quality requirements.
- To monitor and request the
goods owners to produce their goods together with the import goods dossier sets
already cleared from customs procedures for inspection. Before the goods
quality inspection, the inspection bodies must compare and consider goods and
the customs dossiers; if the goods remain intact and fully conform to the
customs dossiers regarding goods appellations and categories, the inspection
bodies must conduct the inspections according to regulations; in cases where
the goods are not left intact and fail to conform to the customs dossiers, the
inspection bodies shall make the records and report thereon to the specialized
State management bodies for handling according to regulations.
- Within 5 days after the goods
owners produce their goods and fully supply the dossiers related to the goods
as prescribed for inspection, the inspection bodies must notify the inspection
results. For particular goods catergories, the time for inspection result
notification shall be prescribed by the specialized branch-managing ministries.
- Where the goods fail to
satisfy the import quality and are forced to be re-exported, the inspection
bodies must seal off the entire goods to be reexported, report thereon to the
specialized management agencies for handling and issue decisions on compulsory
re-export, notify such to the customs offices which have carried out the import
procedures for such goods lots. The compulsory re-export decisions of the
specialized State management agencies shall be sent to the customs offices
which carry out the re-export procedures. The time limits for re-export from
Vietnam are prescribed in the compulsory re-export decisions.
3.4.10. Responsibility of the
customs offices
3.4.10.1. For export goods: The
customs offices shall not request the submission or presentation of quality
certificates.
3.4.10.2. For import goods:
Apart from the prescribed customs dossier sets, when carrying out the goods
import procedures, the goods owners must submit one registration paper for
State quality inspection of import goods with certification by the inspection
bodies or the inspection exemption notice. Basing themselves on the valid
dossier sets and goods, the customs offices shall carry out the customs
clearance procedures for the goods lots as provided for. The customs offices
are not responsible for the quality of import goods after the customs
clearance.
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Upon receiving the specialized
State management agencies' decisions on compulsory re-export of import goods
which fail to meet the quality requirements, the border-gate customs which have
carried out the import procedures for such goods lots shall have to compare the
archived dossiers of the goods lots previously cleared from customs procedures
with the actual goods lots presented by the goods owners and the compulsory
re-export decisions; if compatible, they shall carry out the re-export
procedures. Where the to be-re-exported goods lots are incompatible with the
archived customs dossiers sets, the customs offices shall return them to the
specialized State management agencies for handling according to law provisions.
3.4.11. Organizations performing
the State quality inspection
- The import/export goods
inspection bodies of specialized branch-managing ministries;
- Business enterprises providing
expertising services, which satisfy conditions and are recognized and
designated by the Ministry of Science and Technology to inspect specific goods
items after reaching agreements with the specialized branch-managing
ministries.
- The appellations of the to
be-inspected goods and the names of the inspection bodies are prescribed in the
list of goods subject to State inspection.
3.5. Regarding ranger work: To
comply with the Government's Decree No.11/2002/ND-CP of January 22, 2002 on
management of the export, import and transit of wild animal and plant species
and Circular No. 123/2003/TT-BNN of November 14, 2003 of the Ministry of
Agriculture and Rural Development, guiding the implementation of this Decree.
3.6. The customs, inspection and
quarantine offices must closely coordinate with one another in procedures, time
and scientific and reasonable methods to ensure that all goods exchanged across
borders must be inspected and/or quarantined while obstacles, inconvenience and
overlapping in inspection are not created.
4. Payment for goods
4.1. Payment in goods trading or
exchange by border residents, payment in goods trading at border markets,
border-gate markets, border-gate economic zone markets and payment in
cross-border goods export and import by modes outside the international
practices shall be effected in freely convertible foreign currencies, Vietnam
dong (VND) or currencies of the bordering countries such as Chinese yuan (RMB),
Lao kip (LAK) and Cambodian riel (KHR).
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4.3. The carrying of Vietnam
dong and currencies of bordering countries across the borders for payments
prescribed at Point 4.1 above must comply with Vietnam State Bank's current regulations
on carrying foreign currencies and Vietnam dong in cash upon export and import.
4.4. Parties engaged in goods
trading, exchange, export or import across borders may select payment forms
suitable to Vietnam State Bank's regulations on the basis of payment agreements
signed between Vietnam and bordering countries; business subjects are
encouraged to make via-bank payments in the following forms:
4.4.1. Payment through banks of
two countries in freely convertible foreign currencies, according to international
practices (including banks based inside and outside border provinces);
4.4.2. Payment in freely
convertible foreign currencies or Vietnam dong through accounts opened at
Vietnamese banks in accordance with the current regulations on foreign exchange
management;
4.4.3. Payment in Vietnam dong
or currencies of bordering countries through banks conducting foreign exchange
operations in Vietnam's border provinces and banks of bordering countries under
the agreements on payment agency relations between the two sides;
4.4.4. Payment in form of goods
barter in accordance with the current law provisions of each country on
management of export and import goods. The currencies used for payment of
differences in goods barter transactions are freely convertible foreign
currencies, Vietnam dong or currencies of bordering countries.
4.5. On the basis of bilateral
agreements on payment, signed between Vietnam and bordering countries as well
as on the particularities of goods trading, exchange, export and import in each
border region, Vietnam State Bank shall work out separate regulations guiding
in detail the payment.
5. Tax and fee policies
5.1. For goods traded across
borders: Taxes and fees (if any) must be paid according to law provisions.
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5.2.1. To exempt import tax only
for goods turned out by residents of bordering countries with the level
prescribed at Point 5.2.2 below.
5.2.2. Import tax exemption
level: Not exceeding VND 500,000/person/day. For goods being products
indivisible, if the value of one product unit exceeds this level, tax must be
paid for the excess part (including objects in complete animal, complete piece,
complete set).
5.2.3. Goods not turned out by
residents of bordering countries shall not be entitled to the import tax
exemption level prescribed at Point 5.2.2 above.
5.2.4. Goods traded or exchanged
by subjects other than border residents shall not be entitled to the import tax
exemption level mentioned at Point 5.2.2 above.
II. TRADING,
EXCHANGING GOODS OF BORDER RESIDENTS
6. Subjects entitled to trade,
exchange goods of border residents
Citizens with permanent
household registration in districts adjacent to bordering countries are
entitled to trade and exchange goods items in accordance with the regulations
on cross-border goods trading prescribed in Article 2 of this Circular.
7. Border gates, places for
goods trading and exchange by border residents
7.1. Border gates opened under
the mutual agreements between the government of Vietnam and the governments of
bordering countries.
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7.3. Border gates opened under
the mutual agreements between border-adjacent provinces of Vietnam and border
adjacent provinces of bordering countries and permitted by the Trade Ministry
for carrying out customs-clearance procedures for export and import goods.
7.4. Trails determined through
negotiations between the provincial-level administrations in the border regions
of the two countries according to current law provisions and relevant
regulations of the governments of the two countries.
8. Customs procedures for goods
traded, exchanged by border residents
8.1. Customs dossiers:
8.1.1. Goods traded or exchanged
by residents of bordering countries are not required to be declared on the
customs declarations.
8.1.2. Goods owners shall
produce their border identity cards or border laissez-passers, issued by
competent bodies of bordering countries, in order to enjoy tax exemption level.
8.1.3. If goods traded or
exchanged by residents of bordering countries exceed the prescribed norms, the
customs offices shall calculate tax directly on tax collection receipts.
8.1.4. For goods traded,
exchanged by residents of bordering countries, their certificates of origin
(C/O) must not be submitted. The determination of origins of goods in this case
shall be based on actual goods inspection.
8.2. Actual goods inspection:
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8.2.2. On monitoring the number
of inspections in a day: Mainly through supervision to detect subjects that
take advantage thereof to conduct trading, needing not to open monitoring
books.
III. GOODS
EXPORT, IMPORT ACROSS BORDERS
9. Vietnamese subjects entitled
to export, import goods across borders
9.1. Enterprises, units of
various economic sectors, which are registered and established under Vietnamese
laws.
9.2. Business households in
border adjacent provinces, which are registered under the provisions of the
Government's Decree No. 109/2004/ND-CP of April 2, 2004 on business registration.
10. Cross-border goods
export/import border gates
10.1. Border gates opened under
the mutual agreements between the government of Vietnam and the governments of
bordering countries.
10.2. Border gates and other
customs clearance locations in border-gate economic zones, which are
established under the Vietnamese government's permission.
10.3. Border gates opened under
the mutual agreements between border-adjacent provinces of Vietnam and
border-adjacent provinces of bordering countries and permitted by the Trade
Ministry for carrying out customs clearance procedures for export and import
goods.
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11.1. Customs dossiers:
11.1.1. Customs declaration:
Using the import goods customs declaration form (coded HQ/2002-NK issued
together with Decision No. 1257/2001/QD-TCHQ of December 4, 2001 of the General
Director of Customs: 2 originals.
11.1.2. Other vouchers shall
comply with the regulations on the customs dossiers, customs procedures for
goods exported, imported under trading contracts, issued together with Decision
No. 56/2003/QD-BTC of April 16, 2003 of the Finance Minister, excluding bills
of lading.
Particularly business households
in border-adjacent provinces of Vietnam and those of bordering countries, which
do business in border markets, border-gate markets or border-gate economic zone
markets are not required to have the above-mentioned vouchers, except 2
following types of vouchers:
The goods quality inspection
registration papers or goods quality inspection exemption notices, issued by
State quality inspection bodies (for goods subject to quality inspection).
The quarantine registration
papers issued by quarantine offices (for goods subject to quarantine).
11.1.3. Goods imported across
borders shall be entitled to import tax preferences under the bilateral
agreements between the government of Vietnam and the governments of bordering
countries if the goods origin certificates (C/O) are available.
11.2. Actual inspection:
The measure of actual goods
inspection exemption shall not apply to goods imported across borders and goods
brought into border markets, border-gate markets, border-gate economic zone
markets.
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12.1. Customs dossiers:
12.1.1. Customs declaration:
a. For cases where goods are
exported under trading contracts: Using the export goods declaration form
(coded HQ/2002-XK issued together with Decision No. 1257/2001/QD-TCHQ of
December 4, 2001 of the General Director of Customs): 2 originals;
b. For cases where goods are
exported without trading contracts: Using the border goods export declaration
form (coded HQ/2002/XHBG, issued together with Decision No. 1473/2002/QD-TCHQ
of May 24, 2002 of the General Director of Customs; Decision No. 24/2004/QD-BTC
of March 5, 2004 of the Finance Ministry): 2 originals.
12.1.2. Other vouchers shall
comply with regulations on customs dossiers, customs procedures for goods
exported, imported under trading contracts, issued together with Decision No.
56/2003/QD-BTC of April 16, 2003 of the Finance Minister, suitable to each
form.
12.1.3. For land animals and
products thereof, there must be export quarantine certificates issued by
Vietnam's animal quarantine offices at the request of the importing countries
or of the goods owners.
12.2. Goods exported across
borders shall be entitled to export tax preferences under bilateral agreements
between the government of Vietnam and the governments of bordering countries.
12.3. Actual goods inspection
Goods exported across borders
shall be subject to the application of inspection forms prescribed in the
Customs Law.
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13. Border markets, border-gate
markets, border-gate economic zone markets
13.1. Land border markets are
those located in areas not more than 1 km from the border line, which have been
formed for many years, and in areas where exist residents' urgent demands for
organization of border markets.
13.2. Border-gate markets are
those established in land border regions, associated to goods export and import
border-gates, which, however, do not belong to border-gate economic zones.
13.3. Border-gate economic zone
markets are those set up in border-gate economic zones under the Prime
Minister's Decision No. 53/2001/QD-TTg of April 19, 2001 on policies towards
border-gate economic zones.
14. Business subjects in markets
14.1. Vietnamese enterprises and
business households, that have business registration certificates granted by
competent State bodies and are permitted to conduct business in border markets,
border-gate markets, border-gate economic zone markets.
Particularly enterprises and
households dealing in medicines must comply with the provisions of the Health
Ministry's Circular No. 01/2004/TT-BYT of January 6, 2004 guiding the
implementation of the Ordinance on Private Medical and Pharmaceutical Practice
and relevant current regulations, and establishments dealing in goods items of
plant, animal, mineral... origins, which are used as raw materials for the
medical sector, must have certificates of full satisfaction of business
criteria and conditions, issued by Health Services of border-adjacent provinces.
14.2. Enterprises and business
households of bordering countries must comply with the provisions of the
Government's Decree No. 34/2000/ND-CP of August 18, 2000 on Land Border
Regulation of the Socialist Republic of Vietnam and regulations related to the
movement, residence and business in the border regions:
14.2.1. They are permitted to
conduct business in border-gate markets and border markets when they are
granted business licenses by Trade-Tourism Services of the border-adjacent
provinces.
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14.3. Citizens of bordering
countries, when permitted to conduct business in border markets, border-gate
markets, border-gate economic zone markets and having licenses for doing
business in the above-mentioned markets, which are still valid, and if wishing
to temporarily reside in Vietnam, shall be considered and granted temporary
residence certificates or temporary residence cards under the guidance of the
Ministry of Public Security of Vietnam.
15. Market management
15.1. The decision on
establishment (or dissolution) and the definition of the functions, tasks and
powers of the market management bodies for border markets, border-gate markets
shall comply with the decentralization for each type of market prescribed in
the Government's Decree No. 02/2003/ND-CP of January 14, 2003 on market
development and management, the Trade Ministry's Circular No. 06/2003/TT-BTM of
August 15, 2003 guiding the functions, tasks, powers and organization of market
management boards, the Trade Minister's Decision No. 0772/2003/QD-BTM
promulgating the model regulation on markets, the Trade Ministry's Document No.
2730/TM-CSTTTN of June 24, 2003 guiding the reports on market business
operations, the Planning and Investment Ministry's Circular No. 07/2003/TT-BKH
of September 11, 2003 guiding the formulation of planning projects on market
development and construction investment, the Finance Ministry's Circular No.
67/2003/TT-BTC guiding the financial mechanism applicable to market management
boards, market dealing, exploitating and managing enterprises.
15.2. Markets in border-gate
economic zones shall be set up (or dissolved) under decisions of the heads of
the economic zone management boards, who also define the functions, tasks and
powers of the market management boards under the provisions of the Government's
Decree No. 02/2003/ND-CP of January 14, 2003 on market development and
management, the Trade Ministry's Circular No. 06/2003/TT-BTM of August 15, 2003
guiding the functions, tasks, powers and organization of the market management
boards, the Trade Minister's Decision No. 0772/2003/QD-BTM promulgating the model
regulation on markets, the Trade Ministry's Document No. 2730/TM-CSTTTN of June
24, 2003 guiding the reports on market business operations, the Planning and
Investment Ministry's No. 07/2003/TT-BKH of September 11, 2003 guiding the
formulation of planning projects on market development and construction
investment, the Finance Ministry's Circular No. 67/2003/TT-BTC guiding the
financial mechanism applicable to market management boards, market dealing,
exploiting and managing enterprises.
15.3. Other contents related to
border markets, border-gate markets, border-gate economic zone markets, which
are not mentioned in this Circular, shall comply with the provisions in the
Government's Decree No. 02/2003/ND-CP of January 14, 2003 on market development
and management, the Trade Ministry's Circular No. 06/2003/TT-BTM of August 15,
2003 guiding the functions, tasks, powers and organization of the market
management boards, the Trade Minister's Decision No. 0772/2003/QD-BTM
promulgating the model regulation on markets, the Trade Ministry's Document No.
2730/TM-CSTTTN of June 24, 2003 guiding the market business operations, the
Planning and Investment Ministry's Circular No. 07/2003/TT-BKH of September 11,
2003 guiding the formulation of planning projects on market development and
construction investment, the Finance Ministry's Circular No. 67/2003/TT-BTC
guiding the financial mechanism applicable to the market management boards,
market dealing, exploiting and managing enterprises.
15.4. If this Circular's
provisions on border markets, border-gate markets and border-gate economic zone
markets differ from the bilateral agreements between the government of the
Socialist Republic of Vietnam and the governments of bordering countries, the
bilateral agreements signed between the two governments shall apply.
16. Customs procedures for goods
traded, exchanged at border markets, border-gate markets, border-gate economic
zone markets
The customs procedures for goods
traded or exchanged in border markets, border-gate markets, border-gate
economic zone markets shall be the same as those for goods imported across
borders mentioned at Point 11 of this Circular.
V. ENTRY AND
EXIT OF PEOPLE AND MEANS RELATED TO CROSS-BORDER GOODS IMPORT AND EXPORT
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17.1. Goods owners, goods
transport means operators and service personnel on vehicles, trains, vessels
must possess passports, crew members' books or corresponding crew members'
books, border identity cards, border lassez-passers and must produce them to
border-gate authorities.
17.2. Goods owners, goods
transport means operators, when arriving at places in the border regions, must
produce or submit the prescribed papers.
17.3. When means arrive at other
places outside the border regions: To comply with agreements, protocols or
bilateral agreements, which Vietnam has signed with bordering countries:
producing international transport licenses or permits under the agreements
between two provinces sharing the borders.
17.4. Means operators entering
and exiting border markets, border-gate markets and/or border-gate economic
zone markets shall be exempt from visas and subject to the inspection and
control by specialized State management bodies at border-gates; if they enter
deep into the inland, they must carry out the entry and exit procedures.
17.5. Entry, exit medical
quarantine
17.5.1. Before the departure
time for trains, automobiles, the means owners or their representatives must
notify the border medical quarantine offices of the following documents and
information:
Name, nationality and itinerary
of the transport means;
The number of passengers, crew
members onboard the transport means;
The medical declaration made
according to a set form (for people onboard the transport means).
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17.5.3. For entry transport
means which, due to damage or other reasons, cannot move to the prescribed
medical quarantine areas, the means owners or their representatives must
immediately notify the border medical quarantine offices thereof.
17.5.4. While conducting entry
and/or exit quarantines, the quarantiners shall request means owners on
transport means or their representatives to produce necessary papers and health
declarations of service personnel onboard the transport means and of
passengers, made according to forms set by the border medical quarantine
offices.
17.5.5. Basing themselves on the
quarantine results, the border medical quarantine offices shall grant
quarantine certificates to the quarantined people and transport means on entry.
The quarantine certificates must clearly state the handling measures applied to
such people and transport means.
17.5.6. When their transport
means are quarantined, the owners or their representatives must fully observe
the quarantine regulations and create favorable conditions for the quarantiners
to perform the quarantine on their transport means.
17.5.7. Medically handling
measures
17.5.7.1. Upon detecting that
entry or exit subjects are being infected with or carrying vectors of quarantine-liable
diseases or dangerous contagious diseases, the border medical quarantine
offices must confine them for testing or apply necessary medically handling
measures to those subjects.
17.5.7.2. In case of detecting
that transport means carry vectors of quarantine-liable diseases and/or
dangerous contagious diseases, the border medical quarantine offices shall
compel the transport means owners or their represen-tatives and goods owners or
their representatives to apply medically handling measures and at the same time
report thereon to the heads of the border-gate management bodies. After the
full application of prescribed handling measures to the transport means, the
medical quarantine offices shall grant quarantine certificates.
17.5.7.3. When foreign transport
means arrive at Vietnamese border gates but the transport means owners or their
representatives fail to apply medically handling measures, the medical
quarantine offices shall refuse to carry out the entry medical procedures and
propose the competent bodies to request such transport means to immediately
leave the Vietnamese border gates and not to park at any places in the
Vietnamese territory. In special cases where they cannot leave immediately, the
medical measures prescribed by border quarantine offices must be applied.
17.5.7.4. When applying
medically handling measures, the persons responsible for the medical handling
must ensure the following requirements:
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b. Not causing damage to machine
and structural parts of the transport means;
c. Not causing fires;
d. Not damaging luggage, cargo
nor deforming packages, changing colors of goods labels.
When applying medically handling
measures and causing damage to people and means, the border medical quarantine
offices must compensate therefor according to law provisions.
17.5.7.5 Parcels, newspapers,
books and other printed matters sent by post must not be medically handled,
except for cases where such parcels are suspected of being pathogenic sources
by border medical quarantine offices.
17.5.7.6. All used objects,
discarded objects with clear proofs that they may spread quarantine-liable
diseases and/or contagious diseases must be medically handled before they are
imported or exported.
17.5.7.7. The border medical
quarantine offices need not to apply medically handling measures to transport
means which were medically handled previously at such border gates and
transport means transiting Vietnam without changing people and/or goods in the
Vietnamese territory, except for the following cases:
a. Signs of being infected with
quarantine-liable diseases and/or dangerous contagious diseases are
unexpectedly detected on the transport means or at the border gates;
b. The previous medically
handling measures at the border gates bear no fruit.
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a. Come from regions infected
with quarantine-liable diseases or dangerous contagious diseases;
b. Carry persons infected with
quarantine-liable diseases or dangerous contagious disease;
c. Carry vectors in excess of
the permitted limits;
The Health Ministry shall
specify the permitted vector limit for each quarantine-liable disease,
dangerous contagious disease.
17.5.7.9. For people being
infected or suspected of being infected with quarantine-liable diseases, the
border medical quarantine offices must apply the following measures:
a. Isolating, treating the
diseased persons at the prescribed places until they recover from ailment or no
longer have the capability to spread diseases;
b. Confining for testing people
suspected of being infected with quarantine-liable diseases, the testing
confinement duration shall not exceed the incubation period of such diseases.
Upon detection of quarantine-liable diseases among the confined persons, the
diseased persons must be isolated and treated.
17.5.7.10. People onboard the
transport means which carry diseases or are suspected of carrying
quarantine-liable diseases, or which come from regions where exist
quarantine-liable diseases and/or dangerous contagious diseases must go through
medical examinations at the medical bodies in their residence places according
to the schedules inscribed in the health monitoring papers granted by the
border medical quarantine offices; and at the same time, the border medical
quarantine offices shall have to promptly notify such to the medical bodies of
the localities where such persons come to reside.
17.6. Means operators shall
produce or submit papers in service of the inspection, control and supervision
of means and goods according to regulations, including:
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Certificates of technical safety
and environmental protection inspection for means;
Means operating licenses;
Certificates of insurance of
means owners' liability towards the third persons;
Bills of lading or transport vouchers
enclosed with necessary permits related to goods;
Declarations of means
temporarily imported for re-export or temporarily exported for re-import;
Lists of passengers;
Luggage declarations;
Declarations of means
temporarily imported for re-export or temporarily exported for re-import within
definite time limits;
Permits for temporary import for
re-export or temporary export for re-import of means within definite time
limits;
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Medical declarations made
according to a set form (for people onboard transport means).
17.7. Customs procedures for
transport means on entry, exit or transit through land border gates:
17.7.1. At border-adjacent
control locations:
17.7.1.1. For vehicles on entry:
17.7.1.1.1. Drivers' responsibility:
- To stop their vehicles at the
prescribed places at the border gates, produce papers and vehicles for
inspection and monitoring book entries by the customs offices.
- To sign for certification the
monitoring books of the customs offices.
17.7.1.1.2. The customs offices'
responsibility:
- To examine vehicles and papers
on vehicles, which are produced by drivers, and to enter the monitoring books.
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17.7.1.2. For vehicles on exit:
17.7.1.2.1. Drivers'
responsibility: To produce the exit automobile declarations, export goods
declarations (if vehicles carry export goods), for which the customs procedures
have been carried out.
17.7.1.2.2. The customs offices'
responsibility:
- To receive and examine
vehicles and papers presented by drivers and enter the monitoring books.
- Through work of supervision,
collection and reception of other information related to export goods lots, if
having grounds to confirm that they are smuggled goods or tax-evaded goods, to
report such to the leadership of the customs sub-departments for directing the
re-inspection in order to detect and handle violations according to
regulations.
- To supervise vehicles and
goods until they actually exit through the borders.
17.7.2. At the offices where
border-gate customs procedures are carried out:
Customs procedures for vehicles
on exit, entry or transit shall be as follows:
17.7.2.1. Drivers have the
responsibility to declare and submit to the customs offices the following
papers:
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The declaration form for
vehicles exiting through land border gates (coded HQ/2002/01-PTVT, issued
together with Decision No. 1473/2002/QD-TCHQ of May 24, 2002 of the General
Director of Customs): 2 originals;
The declaration on export,
import luggage of drivers (if automobiles are circulated outside border-gate
areas): 1 original;
The list of passengers (if
carrying passengers): 1 original;
Producing permits (if any, as provided
for by land transport agreements signed between the government of Vietnam and
the governments of bordering countries).
17.7.2.1.2. For foreign
automobiles entering Vietnam's border-gate areas to deliver import goods or
receive export goods then returning to the home countries in the day and
Vietnamese automobiles crossing the borders to deliver export goods and receive
import goods then return to Vietnam in the day, the above-prescribed
declaration and paper submission are not required.
17.7.2.1.3. For transport means
temporarily imported for re-export, temporarily exported for re-import within
definite terms as provided for in Article 52 of the Government's Decree No.
101/2001/ND-CP of December 31, 2001 and Point 1, Part 1 of Circular No. 11/2003/TT-BCA
(C11) of July 3, 2003 of the Ministry of Public Security, including tourist
cars (small cars, passenger cars, passenger-cum-cargo vehicles), motorized
vehicles, motorized or non-motorized vessels, apart from the to be-submitted or
-produced papers prescribed at Point 17.7.2.1.1 above, the drivers must also
submit to the customs offices one of the following papers:
The permits for temporary import
for circulation, granted by police offices: 1 original;
The permits granted by the
Customs Departments of the border-adjacent provinces or cities (for vehicles
temporarily exported for re-import not through the same border gates): 1
original.
17.7.2.2. The customs offices
have the responsibility:
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- To compare the declarations
with the actual conditions of vehicles and examine the vehicles if having
ground to assess that the vehicles are loaded with import goods without customs
declaration.
- Leaders of border-gate Customs
Sub-Departments make decisions to permit vehicles to enter, exit or transit on
automobile entry-exit declaration form coded HQ/2002/01-PTVT.
- To return one original of the
automobile entry-exit declaration HQ/2002/01-PTVT for use as travel vouchers.
- To record them in monitoring
books and archive customs dossiers according to regulations.
17.7.2.3. The granting of
permits for Vietnamese vehicles temporarily exported for re-import within
definite terms shall be effected as follows:
- In cases where vehicles are
temporarily exported and re-imported through the same border gates, the heads
of the border-gate Customs Sub-Departments shall give permission by way of
inscribing directly on the Vietnamese entry, exit declaration forms of the
drivers.
- Where vehicles are temporarily
exported for import not through the same border gates, the vehicle owners or
drivers must file their written requests (with contents covering the names of
vehicle owners, drivers, type of vehicle, vehicle labels, frame and engine
numbers, number plates, temporary export border gate, re-import border gate,
the temporary export time, the re-import time) to the directors of the Customs
Departments of the provinces or cities where temporary export border gates are
located for granting permits.
A permit (coded GP/2002/02-PTVT
issued together with Decision No. 1473/2002/QD-TCHQ of May 24, 2002 of the
General Director of Customs) shall be granted in 3 copies: 2 copies shall be
handed to vehicle owner or driver for submission to the customs offices at the
temporary export and re-import border gates, 1 copy for each, and 1 copy
archived at the licensing customs office. This permit is valid at both the
temporary export border gates and the re-import border gates.
18. People and means of foreign
countries sharing borders
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18.2. To permit means carrying
animal products to go through border gates only after disinfection is effected
according to regulations.
18.3. Citizens of bordering
countries who are goods owners or their authorized persons, means operators and
service personnel onboard the means of such bordering countries are allowed to
travel on the cargo transport means through the border-gates prescribed at
Points 10.1, 10.2 and 10.3 of this Circular to goods delivery and reception
locations with their passports, crew members' books, border identity cards or
border laissez-passers issued by competent bodies of bordering countries.
18.4. Where cargo transport
means and subjects defined at Points 17.1, 17.2 and 17.3 of this Circular wish
to enter other locations outside border areas and border-gate economic zones to
deliver and/or receive goods, they must comply with the provisions of the
agreements, protocols and other agreements signed between Vietnam and bordering
countries on entry, exit and land transportation.
18.5. Means and citizens of
bordering countries who are operators of means carrying cargoes of business
subjects of bordering countries, when entering and exiting border marketplaces,
border-gate markets and/or border-gate economic zone markets to carry goods,
shall be exempt from Vietnam's entry and exit visas and submit to the
inspection and control by specialized State management bodies at border gates;
when wishing to move out of the scopes of the border markets, border-gate
markets and/or border-gate economic zone markets to go deep into Vietnamese
inland areas, they must carry out entry and exit procedures applicable to means
and people according to law provisions of Vietnam. The entry and exit
management office (of the Ministry of Public Security) shall consider and grant
visas right in the border-gate economic zones.
18.6. Quarantine of foreigners
Persons entering Vietnam from
regions where exist quarantine-liable diseases and/or dangerous contagious
diseases must make health declaration with border medical quarantine offices.
The Health Ministry shall specify the health declaration contents and
procedures.
Upon the spread of
quarantine-liable diseases or dangerous contagious diseases at Vietnamese
border gates, the border medical quarantine offices must give vaccinations to
foreigners at their requests.
VI.
IMPLEMENTATION ORGANIZATION
19. Handling of violations
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20. Responsibilities of the
Trade Ministry
20.1. The Trade Ministry shall
assume the prime responsibility for, and coordinate with the concerned ministries,
branches and People's Committees of border-adjacent provinces on the basis of
the Prime Minister's Decision No. 252/2003/QD-TTg of November 24, 2003, this
Joint Circular and other relevant legal documents of Vietnam guiding, directing
the management and administration of cross-border goods trading activities.
20.2. The Trade Ministry shall
set up the Steering Board for cross-border goods trading under its management,
which is composed of members being representatives of the ministries, branches and
People's Committees of border-adjacent provinces.
The Steering Board shall assist
the Trade Minister in implementing the mechanism for inter-branch coordination,
directing and administering cross-border goods trading under the provisions of
the Prime Minister's Decision No. 252/2003/QD-TTg of November 24, 2003 and this
guiding Circular.
The Trade Ministry and the
concerned agencies shall take initiative and coordinate with one another in
handling matters arising in the course of implementation and report to the
Prime Minister on matters falling beyond their jurisdiction.
21. Responsibilities of the
concerned ministries and branches
21.1. The heads of the concerned
ministries and branches shall strictly abide by the Prime Minister's Decision
No. 252/2003/QD-TTg of November 24, 2003 and the guiding provisions of this
Circular.
21.2. Ministries and branches
shall have to appoint their representatives to join the Trade Ministry's
Steering Board for cross-border goods trading activities.
21.3. The concerned ministries
and branches shall have to regularly inspect and urge the implementation of the
Prime Minister's Decision No. 252/2003/QD-TTg of November 24, 2003 and this
guiding Circular, and closely coordinate with the Trade Ministry as well the
other relevant ministries and branches in handling arising problems that are
related to many ministries and branches.
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22.1. The People's Committees of
the border-adjacent provinces shall have to organize the management and
administration of all cross-border goods trading activities in the border areas
under their respective management; and well effect the inter-branch
coordination mechanism for management and administration of cross-border goods
trading.
22.2. The People's Committees of
the border adjacent provinces shall assign the provincial Services of Trade or
Trade-Tourism to act as key bodies in assisting them in managing cross-border
goods trading.
22.3. To submit to the
directions of the Steering Board and concerned ministries as well as branches
for managing cross-border goods trading.
23. To annul the Finance
Ministry's Circular No. 47/2004/TT-BTC of May 31, 2004 and all regulations
issued by ministries, branches and localities, which are contrary to the
provisions of the Prime Minister's Decision No. 252/2003/QD-TTg of November 24,
2003 and the provisions of this Circular.
24. Supplementation and
amendment of the Circular
In the course of implementing
this Circular, if there appear any contents which need to be supplemented or
amended and relate any ministry, such ministry shall have to supplement and
amend them.
VII.
IMPLEMENTATION EFFECT
This Circular takes effect 15
days after its publication in the Official Gazette.
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FOR
THE FINANCE MINISTER
VICE MINISTER
Truong Chi Trung
FOR
THE MINISTER OF TRANSPORT
VICE MINISTER
Nguyen Tien Sam
FOR THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
VICE MINISTER
Bui Ba Bong
FOR THE HEALTH MINISTER
VICE MINISTER
Le Ngoc Trong
FOR THE MINISTER OF FISHERIES
VICE MINISTER
Nguyen Thi Hong Minh
FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Phung Khac Ke