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THE PRIME
MINISTER
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 52/2015/QD-TTg
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Hanoi, October
20, 2015
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DECISION
ON MANAGEMENT OF BORDER TRADE WITH NEIGHBORING COUNTRIES
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 17,
2003 Law on National Borders;
Pursuant to the June 14,
2005 Commercial Law;
At the proposal of the
Minister of Industry and Trade,
The Prime Minister promulgates
the Decision on management of border trade with neighboring countries.
Chapter I
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Article 1. Scope
of regulation
1. This Decision prescribes the
management of border trade with neighboring countries (below referred to as
border trade), including:
a/ Cross-border purchase and
sale of goods by traders;
b/ Purchase, sale and exchange
of goods by border inhabitants;
c/ Purchase, sale and exchange
of goods in border markets, border- gate markets and markets in border-gate
economic zones;
d/ Trade support services in
border-gate areas and border crossings.
2. Cross-border international
purchase and sale of goods must comply with the 2005 Commercial Law, the 2003
Law on National Borders, and relevant legal documents, and conform to treaties
which Vietnam has signed or acceded to, or international trade practices.
Article 2. Subjects
of application
1. Organizations and
individuals engaged in border trade.
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3. Other agencies, organizations
and individuals involved in border trade.
Article 3. Interpretation
of terms
In this Decision, the terms
below are construed as follows:
1. Neighboring country means a
country bordering on the Socialist Republic of Vietnam (including the People’s
Republic of China, People’s Democratic Republic of Laos and Kingdom of
Cambodia).
2. Border gates, border
crossings, border-gate areas, goods of border inhabitants, and cross-border
travel procedures must comply with the Government’s Decree No. 112/2014/ND-CP
of November 21, 2014, prescribing the management of land border gates.
3. Border markets, border-gate
markets, and markets in border-gate economic zones must comply with the
Government’s Decree No. 114/2009/ND-CP of December 23, 2009, amending and supplementing
a number of articles of the Government’s Decree No. 02/2003/ND-CP of January
14, 2003, on market development and management.
4. Cross-border purchase and
sale of goods by traders means trade in the forms defined in Clause 1, Article
27 of the 2005 Commercial Law and conducted in accordance with Chapter II of
this Decision.
Article 4. Payment
in border trade
1. Payment in border trade may
be made in a freely convertible foreign currency, Vietnam dong or a currency of
a neighboring country.
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a/ Via-bank payment;
b/ Non-cash payment: clearance
between exported and imported goods and services; via accounts in accordance
with current regulations of Vietnam; direct payment into traders’ accounts at
banks based in border-gate areas or border crossings of Vietnam;
c/ Payment in cash.
3. The State Bank of Vietnam
shall provide guidance on payment in border trade.
Chapter
II
CROSS-BORDER GOODS
PURCHASE AND SALE BY TRADERS
Article 5. Traders
purchasing and selling goods across borders
1. Vietnamese traders without
direct foreign investment (below referred to as traders) may purchase and sell
goods across borders. Depending on technical infrastructure in secondary border
gates and border crossings, the People’s Committees of border provinces shall
assume the prime responsibility for, and coordinate with the Ministry of
Industry and Trade in, selecting traders that fully meet the conditions
prescribed by law to purchase and sell goods via secondary border gates and
border crossings.
2. Foreign-invested traders,
and foreign companies and their branches in Vietnam may only purchase and sell
goods across borders in the cases prescribed by Vietnamese law or treaties to
which the Socialist Republic of Vietnam is a contracting party.
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1. Goods purchased and sold
across borders by traders must comply with the Government’s Decree No.
187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding
international purchase and sale of goods and agency, purchase, sale, processing
and transit of goods with foreign countries.
2. Goods referred to in Clause
1 of this Article may be traded via secondary border gates and border crossings
in specific cases on the principle of encouraging export and controlling import
in border trade. The Ministry of Industry and Trade shall provide guidance on
goods purchased and sold via secondary border gates and border crossings by
traders in each period after consulting the Ministry of Finance, related
ministries and agencies and People’s Committees of border provinces.
Article 7. Types
of land border gates via which traders may purchase and sell goods
1. Cross-border purchase and
sale of goods by traders may be conducted via all types of land border gates
and border crossings in accordance with the Government’s Decree No.
112/2014/ND-CP of November 21, 2014, prescribing the management of land border
gates.
2. Secondary border gates and
border crossings referred to in Clause 1 of this Article may be used for
cross-border purchase and sale of goods by traders when meeting the following
conditions:
a/ Having customs, border guard
and quarantine forces operating on a regular basis;
b/ Having technical
infrastructure serving state management work, including working offices of
functional forces, inspection, control and supervision areas; storehouses and
storing yards for goods gathering; roads; equipment, facilities and other
necessary conditions.
Article 8. Quarantine,
food safety examination, quality control of goods purchased and sold across
borders by traders
Goods purchased and sold across
borders by traders must comply with the law on health quarantine; animal and
plant quarantine; aquatic product quarantine; quality control; and food safety
examination.
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Cross-border purchase and sale
of goods by traders shall be conducted on the basis of agreement between
Vietnamese traders and traders or individuals of neighboring countries in the
following forms:
1. Written contract.
2. In case no written contracts
are made, traders purchasing and selling goods across borders shall make a list
of goods purchased and sold across borders. This list shall be signed and
sealed by the Vietnamese trader and is as legally valid as contract. The trader
shall take responsibility before law for the authenticity of the list.
The Ministry of Industry and
Trade shall provide guidance on the list of goods purchased and sold across
borders to be made by traders, which must contain the name of trader or
individual, name of goods, unit price, quantity and other necessary details, to
facilitate uniform declaration, monitoring and management.
Article
10. Tax, charge and fee policies
1. Traders purchasing and
selling goods across borders shall fulfill all tax-related obligations
according to the current law on goods purchased and sold across borders, and
are entitled to incentives according to current law and treaties which Vietnam
has signed or acceded to.
2. Goods exported in the form
of cross-border purchase and sale by traders under this Decision are entitled
to value-added tax refund in accordance with current law.
3. Charges and fees in
cross-border purchase and sale of goods by traders must comply with current
law.
Chapter
III
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Article
11. Subjects of cross-border purchase, sale and exchange of goods by
border inhabitants
1. Border inhabitants being
Vietnamese citizens and citizens of neighboring countries who have a book of
permanent residence in border areas.
2. Persons possessing permits
of Public Security Departments of border provinces for residence in border
areas.
Article
12. Border gates and border crossings for purchase, sale and exchange of
goods by border inhabitants
Purchase, sale and exchange of
goods by border inhabitants may be conducted via border gates and border
crossings under the Government’s Decree No. 112/2014/ND-CP of November 21,
2014, prescribing the management of land border gates.
Article
13. Goods purchased, sold and exchanged by border inhabitants
1. Goods purchased, sold and
exchanged by border inhabitants must comply with Clause 8, Article 3 of the
Government’s Decree No. 112/2014/ND-CP of November 21, 2014, prescribing the
management of land border gates.
2. The Ministry of Industry and
Trade shall promulgate a list of goods allowed for purchase, sale and exchange
by border inhabitants for implementing policies concerning purchase, sale and
exchange of goods by border inhabitants prescribed in this Decision.
Article
14. Tax on goods purchased, sold and exchanged by border inhabitants
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2. The value of goods in excess
of the limit prescribed in Clause 1 of this Article shall be taxed in
accordance with current law.
3. The Ministry of Finance
shall guide the tax exemption for goods purchased, sold and exchanged by border
inhabitants, and procedures for collection of tax on the value of goods in
excess of the prescribed limit.
Article
15. Management of re-purchase and transportation of goods purchased,
sold and exchanged by border inhabitants
1. Goods within the limit which
are resold by border inhabitants rather than being used for their life and
production shall be taxed in accordance with current law.
2. Traders may re-purchase and
transport goods purchased, sold and exchanged by border inhabitants in border
markets, border-gate markets and markets within border-gate economic zones.
3. Traders that re-purchase
goods purchased, sold and exchanged by border inhabitants shall make a list of
re-purchased goods.
4. Re-purchased goods, which
are purchased, sold and exchanged by border inhabitants, are subject to import
duty and other taxes (if any) under regulations, and quarantine, food safety
examination, and quality control under Article 8 of this Decision.
5. The Ministry of Finance
shall guide procedures for collection of tax on quantities of goods which are
resold by border inhabitants rather than being used directly for their life and
production.
Article
16. Quarantine, food safety examination, and quality control in the
purchase, sale and exchange of goods by border inhabitants
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2. Quarantine of animals,
plants and aquatic products: Goods subject to quarantine of animals, plants or
aquatic products announced by the Ministry of Agriculture and Rural Development
in each period shall be quarantined in accordance with current law.
3. Quality and food safety
examination and control: Goods purchased, sold and exchanged by border
inhabitants are not subject to quality and food safety examination and control.
Chapter
IV
TRADING ACTIVITIES IN
MARKET BORDERS, BORDER- GATE MARKETS AND MARKETS IN BORDER-GATE ECONOMIC ZONES
Article
17. Conditions for doing business in border markets, border-gate markets
and markets in border-gate economic zones
Doing business in border
markets, border-gate markets and markets in economic border gates must satisfy
the conditions prescribed in the Government’s Decree No. 02/2003/ND-CP of
January 14, 2003, on market development and management, and Decree No.
114/2009/ND-CP of December 23, 2009, amending and supplementing a number of
articles of the Government’s Decree No. 02/2003/ND-CP, and relevant legal
documents.
Article
18. Subjects of purchase, sale and exchange of goods in border markets,
border-gate markets and markets in economic border gates
1. Traders that are business
individuals bearing Vietnamese citizenship and possessing a book of permanent
residence in border areas.
2. Traders that are Vietnamese
enterprises and business households established and registered in accordance
with the law on business registration.
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4. Traders that are enterprises
or business households of a neighboring country that possess a business
registration certificate granted in accordance with the law of the neighboring
country.
Article
19. Goods allowed for purchase, sale and exchange in border markets,
border-gate markets and markets in economic border gates
1. Goods allowed for purchase,
sale and exchange in border markets, border-gate markets and markets in
economic border gates must be those permitted under current law for circulation
on the Vietnamese market.
2. Goods purchased, sold and
exchanged across borders for being traded in border markets, border-gate
markets and markets in economic border gates must comply with the provisions of
this Decision.
Article
20. Quarantine of goods purchased, sold and exchanged in border markets,
border-gate markets and markets in economic border gates
1. Goods purchased, sold and
exchanged in border markets, border- gate markets and markets in economic
border gates and subject to quarantine (health quarantine or animal, plant and
aquatic product quarantine) shall be quarantined according to the procedures
prescribed by the Ministry of Health (for those subject to health quarantine)
or by the Ministry of Agriculture and Rural Development (for those subject to
animal, plant and aquatic product quarantine).
2. Goods imported from a
neighboring country into a market or exported from a market to a neighboring
country must go through quarantine procedures at the quarantine agency based in
the border gate or border crossing through which the goods are imported or
exported.
Article
21. Tax and customs regulations applicable to goods purchased, sold and
exchanged in border markets, border-gate markets and markets in economic border
gates
1. Traders doing business in
border markets, border-gate markets and markets in economic border gates shall
comply with Vietnam’s current laws on value-added tax, enterprise income tax,
license tax, excise tax and other taxes (if any).
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Chapter V
TRADE SUPPORT SERVICES
IN BORDER GATES AND BORDER CROSSINGS
Article
22. Trade support services in border gates and border crossings
1. Service of supporting the
clearance of administrative procedures as prescribed by relevant specialized
laws.
2. Service of goods storage,
forwarding, transportation and preservation.
3. Service of goods processing,
packaging and packing.
4. Service of goods loading and
unloading, labor, interpretation, cleaning and security.
5. Service of supporting the
enhancement of accessibility to and entry into markets of neighboring
countries.
6. Service of technical
infrastructure, including road, working office, showroom, product display,
surveillance camera, electronic scale station, electricity and water, waste
collection and disposal, fire alarm and prevention and fighting.
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Article
23. Management of trade support services in border gates and border
crossings
1. The management of trade
support services in international and main border gates must comply with the Prime
Minister’s Decision No. 45/2013/QD-TTg of July 25, 2013, promulgating the
Regulation on management of activities in land border gates.
2. The management of trade
support services in secondary border gates and border crossings must comply
with regulations of the Ministry of Industry and Trade.
3. Vietnamese traders without
foreign direct investment shall provide trade support services in border gates
and border crossings in accordance with current law.
Chapter
VI
ENTRY AND EXIT OF
PERSONS AND VEHICLES IN BORDER TRADE ACTIVITIES
Article
24. Entry and exit of Vietnamese persons and vehicles
1. The owners of goods or their
authorized persons, owners and drivers of vehicles carrying goods, and
attendants working on vehicles and vessels must possess one of the following
valid papers: passport, identity card, border laissez passer (crew list or
crewmember book for vessels) or other papers for cross-border travel as
prescribed by Vietnamese law.
Particularly for drivers of
vehicles, in addition to the papers specified above, they must possess a
driving license as required for their vehicles.
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3. Vehicles carrying goods and
their drivers and traders of Vietnam may go through border gates and border
crossings prescribed in this Decision to enter and leave border markets,
border-gate markets and markets in border-gate economic zones of neighboring
countries and shall be subject to inspection and control by specialized
management forces in border gates and border crossings; for persons and
vehicles going into the mainland of a neighboring country, entry and exit
procedures shall be carried out in accordance with current laws of Vietnam and
this neighboring country.
4. The management of Vietnam’s
vehicles going across borders for goods delivery and receipt within border
gates or border crossings and returning on the same day and of vehicles of
individuals and organizations in border areas frequently going across borders
must comply with law.
5. Persons and vehicles
prescribed in this Article that wish to enter goods transshipment areas
prescribed in transportation agreements between the Governments of Vietnam and
neighboring countries for goods delivery and receipt shall comply with these
agreements, protocols and other agreement documents signed between Vietnam and
neighboring countries concerning entry, exit and transportation of goods.
Article
25. Entry and exit of persons and vehicles of neighboring countries
1. Citizens of neighboring
countries who are owners of goods or their authorized persons, owners and
drivers of vehicles, and attendants working on vehicles of neighboring
countries may accompany their vehicles carrying goods via border gates and
border crossings prescribed in this Decision to goods delivery and receipt
points with their passports, crew books, identity cards or border laissez
passers granted by competent authorities of neighboring countries or with other
cross- border travel permits as prescribed by Vietnam’s current law.
2. Vehicles carrying goods of
neighboring countries may go through border gates and border crossings
prescribed in this Decision to goods delivery and receipt points designated by
competent Vietnamese agencies in border areas.
3. Vehicles and citizens of
neighboring countries who are drivers of vehicles carrying goods and traders of
neighboring countries shall, when entering and leaving border markets,
border-gate markets and markets in border-gate economic zones of Vietnam to
transport goods, be subject to inspection and control by specialized state
management agencies based in border gates and border crossings; when wishing to
leave border markets, border-gate markets or markets in border-gate economic zones
to go into Vietnam’s mainland, enter and exit procedures shall be carried out
for these persons and vehicles in accordance with Vietnam’s current law.
4. Vehicles of neighboring
countries entering border gates or border crossings of Vietnam for goods delivery
and receipt and returning on the same day, and vehicles of individuals and
organizations in border areas frequently going across borders on the same day
shall not be subject to filling in customs declaration forms and submission of
vehicles’ documents but shall be subject to inspection and control by
functional agencies based in border gates and production of papers to the
customs office for supervision, inspection and management.
5. The management of vehicles
of neighboring countries entering Vietnam’s border gates and border crossings
for goods delivery and receipt within these border gates and border crossings
and returning on the same day, and of vehicles of individuals and organizations
in border areas frequently going across borders must comply with law.
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Chapter
VII
BORDER TRADE STEERING
COMMITTEES
Article
26. Border Trade Steering Committees
1. The Central Border Trade
Steering Committee shall have the Minister of Industry and Trade as chairperson
and a Deputy Minister of Industry and Trade in charge of border trade as the
standing vice chairperson. Its members include deputy ministers or directors
general of general departments of the Ministry of Foreign Affairs, Ministry of
National Defense, Ministry of Finance, Ministry of Planning and Investment,
Ministry of Transport, Ministry of Agriculture and Rural Development, Ministry
of Health, Ministry of Public Security, Ministry of Culture, Sports and
Tourism, and State Bank of Vietnam.
2. Members of the Central
Border Trade Steering Committee shall work on a part-time basis. The Committee
may use the seal of the Ministry of Industry and Trade for its transactions.
The chairperson of the Committee shall issue the operation regulation of the
Committee; and define the membership and tasks of its standing agency.
3. The chairperson of the
Central Border Trade Steering Committee shall guide the People’s Committees of
border provinces in strengthening provincial Border Trade Steering Committees,
each having a leader of the provincial People’s Committee as head, the director
of the provincial Industry and Trade Department as standing deputy head, and
leaders of related provincial departments and sectors as members.
Article
27. Tasks and powers of the Central Border Trade Steering Committee
1. To assist the Prime Minister
in directing and coordinating ministries, sectors and localities in managing
border trade; to monitor, examine and urge ministries, sectors and People’s Committees
of border provinces in performing the assigned functions and tasks related to
border trade; and settle affairs related to many ministries, sectors and
localities in the management of border trade.
2. To review and evaluate
border trading activities of ministries, sectors and localities; to report and
propose to the Prime Minister policies, measures, programs and plans to enhance
the effectiveness of border trade.
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4. To organize forms of emulation
and commendation according to its competence; to propose the Prime Minister to
commend and reward organizations and individuals that record achievements in
border trading activities in accordance with law.
5. To perform other tasks and
exercise other powers according to directions of the Prime Minister.
Article
28. Funding for activities of Border Trade Steering Committees
Activities of the Central
Border Trade Steering Committee and provincial Border Trade Steering Committees
shall be funded by the state budget in accordance with the law on the state
budget.
Chapter
VIII
ORGANIZATION OF
IMPLEMENTATION
Article
29. Responsibilities of the Ministry of Industry and Trade
1. To assume the prime
responsibility for, and coordinate with related ministries and sectors and
People’s Committees of border provinces in, guiding and organizing the
implementation of this Decision.
2. To assume the prime
responsibility for, and coordinate with related ministries and sectors in,
advising the Prime Minister in managing and handling in a timely and flexible
manner border trading activities.
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4. To cooperate, exchange
opinions and reach agreement with competent authorities of neighboring
countries on the coordination mechanism in managing border trade.
5. To assume the prime
responsibility for, and coordinate with related ministries and sectors and
People’s Committees of border provinces in, regulating the purchase and sale of
goods by traders in secondary border gates and border crossings in cases of
goods
congestion in border gates and
border crossings, environmental pollution, natural disasters, epidemics and
other necessary cases.
6. To assume the prime
responsibility for, and coordinate with related ministries and sectors and
People’s Committees of border provinces in, designating secondary border gates
and border crossings permitted for cross-border purchase and sale of goods.
7. To summarize and report on
border trading activities on a regular or irregular basis to competent
authorities.
Article
30. Responsibilities of related ministries and sectors
1. The Ministry of National
Defense shall assume the prime responsibility for, and coordinate with other
related ministries and sectors and People’s Committees of border provinces in,
managing border gates and border crossings within its assigned functions and tasks.
2. The Ministry of Finance
shall assume the prime responsibility for, and coordinate with other related
ministries and sectors and People’s Committees of border provinces in, guiding
the implementation of tax, charge and fee policies; and customs procedures for
vehicles on entry and exit, and imported and exported goods in border trade;
inspection and supervision procedures for the re-purchase and transportation of
goods purchased, sold and exchanged by border inhabitants.
3. The Ministry of Health shall
assume the prime responsibility for, and coordinate with other related
ministries and sectors and People’s Committees of border provinces in, managing
and guiding the border health quarantine and food safety examination in border
trade.
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5. The Ministry of Science and
Technology shall assume the prime responsibility for, and coordinate with other
related ministries and sectors and People’s Committees of border provinces in,
managing and guiding the quality inspection of goods in border trade.
6. The Ministry of Transport
shall assume the prime responsibility for, and coordinate with other related
ministries and sectors and People’s Committees of border provinces in,
facilitating the development of transport infrastructure to serve border trade;
and guide the implementation of regulations concerning vehicles on entry and
exit across borders.
7. The State Bank of Vietnam
shall assume the prime responsibility for, and coordinate with related
ministries and sectors and People’s Committees of border provinces in, managing
and guiding payment in border trade.
8. The Ministry of Public
Security shall assume the prime responsibility for, and coordinate with other
related ministries and sectors and People’s Committees of border provinces in,
managing the residence, entry and exit of persons in border trading activities.
9. Related ministries and
sectors shall coordinate with the Ministry of Industry and Trade in uniformly
guiding and directing the management of border trading activities under their
respective management.
10. Related ministries and
sectors shall appoint members to the Central Border Trade Steering Committee
under this Decision to implement the inter-sectoral coordination mechanism in
managing and directing border trading activities.
Article
31. Responsibilities of provincial-level People’s Committees
1. To manage and direct border
trading activities in their localities.
2. To implement directions on
border trading activities in their provinces provided by the Ministry of
Industry and Trade, the Central Border Trade Steering Committee and related
ministries and sectors.
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Article
32. Effect
1. This Decision takes effect
on January 1, 2016.
2. This Decision replaces the
Prime Minister’s Decision No. 254/2006/QD-TTg of November 7, 2006, on management
of border trade with neighboring countries, and Decision No. 139/2009/QD-TTg of
December 23, 2009, amending and supplementing a number of articles of Decision
No. 254/2006/QD-TTg.
3. In the course of
implementation, if the documents referred to in this Decision are amended,
supplemented or replaced, new documents shall be applied.
4. When it is necessary to
flexibly direct border trading activities in conformity with socio-economic
conditions of each locality and in each period, the Prime Minister shall
consider and decide on the regulation of
cross-border purchase and sale
of goods by traders and border inhabitants at the proposal of the Ministry of
Industry and Trade.
5. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
chairpersons of provincial-level People’s Committees shall implement this
Decision.-
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