THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
32/2005/ND-CP
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Hanoi,
March 14, 2005
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DECREE
ON
LAND BORDER-GATE REGULATION
THE GOVERNMENT
Pursuant to the December 25, 2001
Law on Organization of the Government;
Pursuant to the June 17, 2003 Law on National Borders;
At the proposal of the Minister of Defense,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree
provides for the land border-gate regulation; provides for activities of exit,
entry, transit, export, import (referred to as exit, entry for short) through
land border gates by people, means, goods and other activities in border-gate
areas with a view to managing and protecting the national border sovereignty
and security.
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Article 3.-
1. International border-gates
are opened for cross-national border exits and entries of people, means and
goods of Vietnam, neighboring countries and third countries.
2. Principal border-gates are
opened for cross-national border exits and entries of people, means and goods
of Vietnam and neighboring countries.
3. Auxiliary border-gates are
opened for cross-national border exits and entries of people and goods of
Vietnam and neighboring countries in border zones and border regions.
4. The upgrading of border-gates
and the identification of land routes, railway lines and inland waterways to be
used for transit shall be decided by the Government in accordance with
Vietnamese law or international treaties which Vietnam has signed or acceded
to.
Article 4.-
1. The specific scopes of
international border-gate and principal border-gate areas shall be determined
by provincial-level People’s Committees after consulting with the Ministry of
Defense, the Ministry of Public Security and the concerned ministries and/or branches,
and be reported to the Prime Minister for decision.
2. The specific scopes of
auxiliary border-gate areas shall be determined by provincial Border-Guard
Commands, which shall consult with the provincial Police Departments as well as
the concerned branches, ask for comments on plannings by the district-level
People’s Committees of the localities where exist the border-gates and report
to the presidents of the People’s Committees of the provinces where exist the
border gates for decision.
3. The border-gate areas shall
be implanted with “ Khu Vuc Cua Khau” (border-gate area) signboards made
according to a form set by the Ministry of Defense and implanted at places
where they can be easily spotted.
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Article 5.- All
activities of Vietnamese and foreign agencies, organizations, individuals and
means in the border-gate areas must comply with the provisions of this Decree,
relevant legislation and international treaties which Vietnam has signed or
acceded to; in cases where the international treaties which Vietnam has signed
or acceded to contain different provisions, the provisions of such
international treaties shall apply.
Chapter II
PROVISIONS ON EXIT, ENTRY OF PEOPLE, MEANS, GOODS
Article 6.-
1. Vietnamese citizens carrying
valid passports or laissez-passers may exit and enter via Vietnamese
border-gates.
2. Vietnamese citizens residing
in border areas, when traveling to border areas of neighboring countries, must
acquire laissez-passers or border identity cards, certificates issued by
commune/ward/township People’s Committees or police offices.
Article 7.-
1. Foreigners entering and
exiting Vietnam must have valid passports or passport substitutes (referred
collectively to as passports) and must get visas issued by competent State
bodies of Vietnam, except for cases of visa exemption.
2. Persons residing in border
areas of neighboring countries, when traveling to border areas of Vietnam, must
acquire laissez-passers or border identity cards as provided for by the
Agreements on Border Regulations, concluded between Vietnam and the concerned
neighboring countries.
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1. For Vietnamese and foreign
means exiting and entering through border-gates, the following papers are
required:
a) Means registration paper;
b) International transportation
permit;
c) Passenger, cargo
transportation permit (if any);
d) Technical safety and
environmental protection certificate.
2. For means operators,
passengers onboard the means and goods, the following papers are required:
a) The papers defined in
Articles 6, 7 and 9 of this Decree;
b) The driving license (for
means operators).
Article 9.- Goods
exported, imported or transited and transport means exiting, entering or
transiting through border-gates must be fully accompanied with valid papers and
comply with the principles and procedures prescribed by customs legislation as
well as relevant legislation of Vietnam and international treaties which
Vietnam has signed or acceded to.
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Chapter III
MANAGEMENT OF ACTIVITIES IN BORDER-GATE AREAS
Article 11.- A
border-gate area shall cover:
1. The transit area (for
international border-gates).
2. The area for inspection and
control of means, goods upon their exit and entry via border-gates.
3. Pre-procedure waiting lounge.
4. The area for carrying exit
and entry procedures by functional bodies.
5. Working offices of functional
bodies and relevant agencies.
6. The area of storehouses
and/or yards for goods rallies before their export, import.
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8. Trade and service areas.
9. Car park and stop areas.
10. Restricted areas; other
areas (if any)
Article 12.-
1. Persons allowed to
temporarily reside in border-gate areas:
a) Officers, soldiers, employees
of specialized State management bodies and relevant agencies with headquarters
or working offices in border-gate areas;
b) Employees of agencies or
organizations, and individuals, that conduct service and/or trade activities in
border-gate areas.
2. For cases of compulsory stay
in border-gate areas for reasons of incompletion of exit procedures for people
and/or means, of export procedures for goods or broken means, the temporary
stay registration is required as provided for and subject to inspection and
control by border-guard stations at the border-gates.
Article 13.-
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2. Persons, means and goods,
when on exit or entry via border-gates, must acquire all valid papers and be
subject to inspection and control by competent bodies at border-gates as
provided for by law.
Article 14.- In
border-gate areas, all activities of people and means must comply with the
Government’s stipulations on border region regulation, the provisions of this
Decree and be subject to the guidance, inspection and control of competent
bodies according to law provisions.
Article 15.- The
following activities are strictly prohibited in border-gate areas
1. Acts of changing signs,
directions of national- border lines; changing the natural flows of border
rivers, streams; damaging national border markers and other works, border-gate
area, border belt or restricted area signboards.
2. Using forged passports,
papers; organizing, leading the way for or transporting people in, illegal
exits or entries.
3. Inciting or committing acts
of undermining security, fomenting public disorder, failing to abide by or
obstructing the inspection and/or control by specialized management forces;
using, trading, transporting, dispatching poisonous materials, papers, books,
cultural products.
4. Smuggling, illegally
transporting or using goods, money, assorted weapons, explosives, inflammables,
toxins, radioactive substances, drugs, and other goods banned from export
and/or import by the State.
5. Trafficking women, children.
6. Using means to see off,
receive persons or carry, load, unload goods not at the permitted places, or to
enter restricted areas.
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8. Discarding assorted wastes,
thus causing unhygiene and/or environmental pollution.
9. Other activities at variance
with current law provisions.
Chapter IV
RESPONSIBILITY FOR MANAGEMENT OF VIA-BORDER GATE EXIT
AND ENTRY ACTIVITIES
Article 16.-
1. The Government shall perform
the unified management of via-border gate exit and entry activities nationwide.
2. The ministries and functional
agencies shall, within the scope of their tasks and powers, have to direct and
guide the specialized forces and agencies under their respective management at
border-gates to inspect, control and carry out procedures for exits and entries
according to law provisions.
3. The provincial-level People’s
Committees of the localities where exist border-gates shall consult with
ministries or functional branches in border-gate planning and construction,
ensuring exit, entry, inspection and control activities in border-gate areas.
Article 17.- In cases of
defense, security or other special reasons or requests by concerned countries,
the competence to decide on restriction or temporary cessation of activities
and travels across borders is provided as follows:
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2. The provincial-level People’s
Committee presidents shall decide on restriction or temporary cessation of
activities and travels across borders at auxiliary border-gates at the
proposals of provincial-level Border Guard commanders.
3. The provincial-level Border-Guard
commanders shall:
- Decide on restriction or
temporary cessation of activities at principal border-gates (excluding
international border-gates) for not more than 6 hours.
- Decide on restriction or
temporary cessation of activities at auxiliary border-gates or provisional
passages for not more than 12 hours.
4. Border-guard station
commanders are entitled to decide on restriction or temporary cessation of
activities at auxiliary border-gates or provisional passages for not more than
6 hours.
Article 18.-
1. In areas of international
border-gates and principal border-gates, the control stations shall be built
under unified plannings, ensuring that the specialized State management
agencies operate in the control chain:
Exit gates: Customs - (medical,
animal, plant) Quarantine - Border Guard;
Entry gates: Border Guard -
(medical, animal, plant) Quarantine - Customs.
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3. The specialized State
management agencies operating at border-gates shall be given working offices
within the control stations, suitable to their respective functions and tasks.
Article 19.-
1. The specialized State
management agencies at border-gates shall operate according to their
law-prescribed functions, tasks and powers and have the responsibility to
coordinate with one another in performing tasks and settling matters arising at
border-gates.
2. Officers, men and employees of
specialized State management agencies at border-gates, while performing their
duties, must wear uniforms, badges and control insignia according to
regulations.
Article 20.- Border-gate
border-guard station commanders shall assume the prime responsibility for, and
coordinate with specialized State management agencies at border- gates and
local administrations in handling matters related to activities of managing and
defending national border sovereignty and security, maintaining security, order
and social safety in border-gate areas.
Chapter V
COMMENDATION AND HANDLING OF VIOLATIONS
Article 21.- Agencies,
organizations and individuals that record outstanding achievements in the
implementation of this Decree shall be commended/rewarded according to law provisions.
Article 22.- All acts of
violating the provisions of this Decree by organizations or individuals shall
be handled according to law provisions.
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IMPLEMENTATION PROVISIONS
Article 23.- This Decree
takes effect 15 days after its publication in the Official Gazette. Previous
regulations contrary to this Decree shall all be annulled.
Article 24.-
1. Annually, the Ministry of
Defense shall coordinate with the Ministry of Finance and the Ministry of
Planning and Investment in making budget estimates for implementation of this
Decree.
2. The Ministry of Defense shall
assume the prime responsibility for, and coordinate with the concerned
ministries and branches in, guiding and inspecting the implementation of this
Decree.
Article 25.- The ministers,
the heads of the ministerial-level agencies, the heads of the
Government-attached agencies and the presidents of the provincial/municipal
People’s Committees shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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