Thông tư 09/2016/TT-BQP

Circular No. 09/2016/TT-BQP dated February 3rd, 2016, detailing and guiding the implementation of a number of articles of the Government’s Decree No. 112/2014/ND-CP on the management of land border gates

Nội dung toàn văn Circular 09/2016/TT-BQP guiding implementation 112/2014/ND-CP management land border gates


THE MINISTRY OF
NATIONAL DEFENSE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 09/2016/TT-BQP

Hanoi, February 3, 2016

 

CIRCULAR

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 112/2014/ND-CP OF NOVEMBER 21, 2014, ON THE MANAGEMENT OF LAND BORDER GATES

Pursuant to the June 17, 2003 Law on National Boundaries;

Pursuant to the June 16, 2014 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam;

Pursuant to the June 23, 2014 Customs Law;

Pursuant to the Government’s Decree No. 112/2014/ND-CP of November 2014, on the management of land border gates;

Pursuant to the Government’s Decree No. of August 17, 2007, on exit and entry of Vietnamese citizens, and Decree No. 94/2015/ND-CP of October 16, 2015, amending and supplementing a number of articles of Decree No.

Pursuant to the Government’s Decree No. 35/2013/ND-CP of April 22, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of National Defense;

At the proposal of the High Commander of the Border Guard;

The Minister of National Defense promulgates the Circular detailing and guiding the implementation of a number of articles of the Government’s Decree No. 112/2014/ND-CP of November 21,2014, on the management of land border gates.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details and guides the implementation of the following contents:

1. Determination of characteristics of land border gates.

2. Models of signboards, instruction signs and notice boards at land border gates.

3. The system of control barriers at land border gates.

4. Arrangement of control lines at land border gates in case of occurrence of an epidemic and channeling for entry and exit control.

5. Papers of people on exit or entry through border gates and land border crossings.

6. Inspection, control and supervision by the border guard at land border gates and crossings.

7. Principles and order for determination of land border gate areas.

8. Order and procedures for change of working time at land border gates or opening of land border gates beyond the daily working time.

9. Limitation or suspension of cross-border movements through land border gates and crossings and set forms of documents related to such limitation or suspension.

Article 2. Subjects of application

1. Vietnamese and foreign organizations as well as individuals that are on exit or entry through, enter, leave, stay or carry out activities in, areas of land border gates or crossings.

2. Agencies, units, organizations and individuals responsible for performing the state management and other tasks at land border gates or crossings.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Border-guard procedures at a land border gate or crossing means the professional process carried out by border-guard officers at a land border gate or crossing to consider and permit the entry and exit of people and vehicles and provisions on papers which people and vehicles on entry or exit and imported or exported goods must have, submit and produce upon their entry or exit through a land border gate or crossing.

2. Citizens of a Vietnamese border province means Vietnamese citizens who have a book of permanent residence in a province or an equivalent administrative unit of Vietnam with part of its administrative boundary overlapping the national land borderline.

3. Citizens of a Vietnamese border district (border inhabitants) means Vietnamese citizens who have a book of permanent residence in a district or an equivalent administrative unit of Vietnam with part of its administrative boundary overlapping the national land borderline.

Article 4. Determination of characteristics of land border gates under Article 4 of Decree No. 112/2014/ND-CP

1. A land border gate shall be officially determined as an international border gate, a main border gate (bilateral border gate) or a secondary border gate after the governments of the two bordering countries sharing the border gate decide to approve its opening or upgrading and the administrations of the border provinces of the two sides coordinate with each other in organizing a ceremony to announce the border gate opening or upgrading according to the order and procedures prescribed in Article 20 of the Government’s Decree No. 112/2014/ND-CP of November 21,2014, on the management of land border gates (below referred to as Decree No. 112/2014/ND-CP).

2. In addition to the types of international border gate, main border gate (bilateral border gate) and secondary border gate officially determined under Clause 1 of this Article, in order to facilitate the management, the following places along the borderline through which people, vehicles and goods are currently passing but which have not yet been officially opened as border crossings according to the order and procedures prescribed in Clause 2, Article 20 of Decree No. 112/2014/ND-CP may be temporarily determined as border crossings:

a/ Traditional places (traditional crossings) for border inhabitants of Vietnam and a neighbor country (below referred to as border inhabitants of the two sides) to go through which have been recognized in writing or tacitly by provincial administrations of Vietnam and such neighbor country without taking any measures to obstruct or object the normal cross-border movement of border inhabitants of the two sides;

b/ Places established under treaties on border and border gates to which the Socialist Republic of Vietnam has concluded with neighbor countries but not yet officially opened under agreements between the Vietnamese Government and governments of the neighbor countries through which normal movement of border inhabitants of the two sides has taken place without any obstruction or objection by either side;

c/ Places opened by competent authorities and meeting the prescribed infrastructure and management personnel requirements where border trade policies have been effectively implemented, which have been automatically recognized by provincial-level administrations of Vietnam and neighbor countries;

d/ In case to meet the national defense, security, foreign policy, border management and protection or other requirements or to ensure other lawful interests, the Border Guard High Command shall report to the Ministry of National Defense for proposing the Prime Minister to stop all entry, exit, import and export activities through the places specified at Points b and c of this Clause.

3. Import and export of goods (other than goods of border inhabitants of the two sides) through the places specified at Points a, b and c, Clause 2 of this Article must comply with Clause 4, Article 4 of Decree No. 112/2014/ND-CP.

Article 5. Models of signboards, instruction signs and notice boards in land border gate areas prescribed in Clause 7, Article 11 of Decree No. 112/2014/ND-CP

1. Signboards “Khu vuc cua khau”(Border gate area) shall be put up along the right side of roads in the direction from the inland to the border, along the boundaries between the inland and border gate areas and in easy-to-spot positions. The material and size of, and inscriptions on, signboards must comply with model No. 1 provided in Appendix 1 to this Circular.

2. Signboards, instruction signs and notice boards in land border gate areas shall be made according to the models provided in Appendices 1 and 2 to this Circular;

Based on the practical conditions of each border gate, the size of signboards, instruction signs and notice boards in land border gate areas may be larger or smaller no more than one third of the size of the models in Appendices 1 and 2 to this Circular.

Article 6. Control barriers at land border gates prescribed in Clause 6, Article 11 of Decree No. 112/2014/ND-CP

1. Control barrier No. 1 shall be put up in the front of the joint-control house of the border gate facing the national borderline;

The Board Guard shall assign a force to close and open the barrier, regulate and guide people, vehicles and goods entering the joint-control house to carry out procedures and inspect and supervise them before they leave the Vietnamese territory; organize the administration and supervision of cross-border movements; maintain security and order, and detect, prevent, arrest and handle people who illegally enter or leave the country, or commit smuggling and trade frauds.

2. Control barrier No. 2 shall be put up behind the joint-control house facing the inland and at the boundary between the border gate area and another area in the inland;

Border guard troops shall be arranged to close and open the barrier, regulate and guide people, vehicles and goods entering the joint-control house to carry out procedures; inspect and supervise people, vehicles and goods entering and leaving the border gate area; organize the administration and supervision of cross-border movements; maintain security and order, and detect, prevent, arrest and handle people who illegally enter or leave the country, or commit smuggling and trade fraud.

Article 7. Control lines at land border gates in case of occurrence of an epidemic prescribed in Clause 2, Article 14 of Decree No. 112/2014/ND-CP

1. Upon the occurrence of an epidemic, the Health Department of the province where exists a land border gate or land border crossing shall notify such to the provincial-level Border Guard Command and Customs Department and the border-gate management board;

Based on the epidemic notice of the Health Department, the provincial-level Border Guard Command shall assume the prime responsibility for, and coordinate with the provincial-level Health Department and Customs Department and the border-gate management board in, adjusting the control line at the border gate.

2. When the epidemic is over, the provincial-level Health Department shall notify such to the provincial-level Border Guard Command and Customs Department and the border-gate management board;

Based on the notice of the provincial-level Health Department, the provincial-level Border Guard Command shall assume the prime responsibility for, and coordinate with the provincial- level Health Department and the border-gate management board in, adjusting the control line at the border gate under Clause 1, Article 14 of Decree No. 112/2014/ND-CP.

Article 8. Papers of people on entry or exit through land border gates or land border crossings prescribed in Article 8 of Decree No. 112/2014/ND-CP

1. For Vietnamese citizens

a/ A Vietnamese citizen on entry or exit through an international border gate or a main border gate (bilateral border gate) must have one of the following papers:

- Diplomatic passport; official-duty passport; ordinary passport (collectively referred to as passport);

- Ship crewmember passport; border laissez-passer; entry or exit laissez-passer; border area entry or exit laissez-passer; repatriation laissez-passer; laissez-passer; people’s identity card, citizen identity card (for Vietnamese border inhabitants on the Vietnam-Laos or Vietnam-Cambodia border line);

- Another paper appropriate for entry or exit as prescribed by Vietnamese law or a treaty to which the Socialist Republic of Vietnam is a contracting party.

b/ A Vietnamese citizen on entry or exit through a secondary border gate must have one of the following papers:

- Border laissez-passer; entry or exit laissez-passer; border area entry or exit laissez- passer; repatriation laissez-passer; laissez-passer; people’s identity card, citizen identity card (for Vietnamese border inhabitants on the Vietnam-Laos or Vietnam-Cambodia border line);

- Another paper appropriate for entry or exit as prescribed by Vietnamese law or a treaty to which the Socialist Republic of Vietnam is a contracting party.

c/ A Vietnamese border inhabitant on entry or exit through a border crossing shall use papers in accordance with the Vietnamese law or a relevant treaty to which the Socialist Republic of Vietnam is a contracting party.

2. For foreigners

a/ A citizen of a third country on entry or exit through an international border gate must have a passport or a valid international travel paper and visa granted by a competent Vietnamese state agency (except for those exempted from visa under treaties to which the Socialist Republic of Vietnam is a contracting party or citizens of countries eligible for visa exemption unilaterally granted by Vietnam or those eligible for visa exemption under other Vietnamese regulations).

b/ A foreigner who is a citizen of a neighbor country on entry or exit through an international border gate or a main border gate (bilateral border gate) must have one of the following papers:

- The paper specified at Point a of this Clause;

- Border laissez-passer; people’s identity card (for Lao or Cambodian border inhabitants); border certification (for Lao border inhabitants);

- Another entry or exit paper prescribed by Vietnamese law or a treaty which has been concluded by the Socialist Republic of Vietnam and the bordering country.

c/ A citizen residing in a border province or district or a border inhabitant of a neighbor country on entry or exit through a secondary border gate must have one of the following papers:

- Border laissez-passer; border area exit or entry laissez-passer (for the Vietnam-China border line); people’s identity card (for Lao or Cambodian border inhabitants); or border certification (for Lao border inhabitants);

- Another entry or exit paper prescribed by Vietnamese Law or a treaty which has been concluded by the Socialist Republic of Vietnam and the bordering country.

d/ Citizens of a neighboring country on entry or exit through border crossings shall use papers prescribed by Vietnamese law or a treaty which Vietnam and the bordering country has signed.

3. The Border Guard High Command shall reach agreement with the functional body of the Ministry of Public Security on papers for travel through border crossings in order to implement the border trade policies under Clause 4, Article 4 of Decree No. 112/2014/ND-CP.

Chapter II

INSPECTION, CONTROL AND SUPERVISION BY THE BORDER GUARD AT LAND BORDER GATES OR CROSSINGS

Article 9. Responsibility to assume the prime responsibility for, and coordinate with other bodies in, conducting border-guard inspection, control and supervision at land border gates or crossings prescribed in Clause 1, Article 6, and Clause 5, Article 13 of Decree No. 112/2014/ND-CP

1. Places of border-guard inspection, control and supervision: These places are specified in Clauses 1, 2, 3, 4 and 5, Article 11 of Decree No. 112/2014/ND-CP and national boundary mark areas, areas where are located points (objects) marking the borderline, and areas related to national security and defense operations in border-gate areas.

2. Subject to border-guard inspection, control and supervision are:

a / People and vehicles on entry or exit leaving, entering, carrying out activities or staying in border-gate areas specified in Article 13 of Decree No. 112/2014/ND-CP;

b/ Goods exported, imported or stored in border-gate areas and border areas.

3. Border-guard inspection, control and supervision tasks

a/ Carrying out procedures for people and vehicles on entry or exit; coordinating with one another in inspecting and supervising exported and imported goods;

b/ Maintaining, administering and guiding the movements of people, vehicles, goods and luggage and other activities in border-gate areas under Decree No. 112/2014/ND-CP and relevant regulations;

c/ Ensuring security and order in border-gate areas; preventing, detecting and handling people, vehicles and goods that illegally enter or leave the country through border gate and are involved other illegal acts;

d/ Detecting, preventing and handling acts that violate the national sovereignty and border security, infringe upon national border marks, changing borderline signs and damaging works, signboards and instruction signs in border-gate areas;

dd/ Coordinating with one another in detecting, preventing and handling smuggling and trade fraud activities in warehouses and storing yards where goods are gathered pending import, export or transshipment;

e/ Handling entry-, exit-, import- or export-related and other violations in accordance with law.

Article 10. Responsibility to assume the prime responsibility for inspecting, controlling, supervising, guiding and carrying out procedures for people on entry or exit leaving, entering, carrying out activities or staying in areas of land border gates or crossings

1. In entry and exit procedure clearance areas at international border gates or main border gates (bilateral border gates), the Border Guard shall arrange separate counters for control of each type of passport or entry or exit paper. Based on the entry or exit flow, one or several control counters (counters for VIP guests or diplomatic or official-duty passport holders; counters for ordinary passport holders or tourists; counters for laissez-passer holders; and counters for vehicle clearance), ensuring convenience for cross-border travel.

2. Inspection, control and procedure clearance for people on entry or exit

a/ Guiding people to enter the place for entry or exit procedure clearance;

b/ Receiving passports or valid papers for entry or exit;

c/ Checking the validity of passports or valid papers for entry or exit;

d/ Verifying the consistency between passports or valid papers for entry or exit and their holders;

dd/ Registering information of people on entry or exit;

e/ Comparing registered information with professional management data; archiving information of people on entry or exit;

g/ Giving certification or granting permission to people on entry or exit;

- Giving entry or exit certification in passports or valid papers for entry or exit;

- Granting visas to foreigners on entry at international border gates under Article 18 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam;

- Granting temporary residence certification to foreigners on entry under Article 31 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam.

h/ Guiding and supervising people who have completed the entry or exit procedures.

3. Guidance, inspection and supervision of people entering, leaving, carrying out activities or staying in border-gate areas

a/ Guiding, inspecting and supervising people entering, leaving or carrying out activities in border-gate areas under Clause 1, Article 13 of Decree No. 112/ND-CP;

b/ Guiding and supervising people on entry or exit in carrying out entry or exit procedures;

c/ Registering and guiding people who intend to stay in border-gate areas under Clause 2, Article 13 of Decree No. 112/2014/ND-CP;

d/ Inspecting, controlling and supervising organizations and individuals providing commercial services in border-gate areas under Clause 3, Decree No. 13 of Decree No. 112/2014/ND-CP.

Article 11. Responsibility to assume the prime responsibility for inspecting, controlling, supervising and guiding vehicles on entry or exit entering, leaving, carrying out activities or staying in areas of land border gates or crossings prescribed at Point b, Clause 1, Article 6, and Clause 5, Article 13 of Decree No. 112/2014/ND-CP

1. Inspection, control and supervision of vehicles on entry or exit

a/ Preliminarily inspecting and controlling vehicles to ensure their security, safety and eligibility for entry or exit procedure clearance;

In case of detecting signs of violation, conducting separate and strict inspection under regulations.

b/ Inspection of papers of vehicle operators and vehicles on entry or exit under Clauses 2 and 3, Article 9 of Decree No. 112/2014/ND-CP:

- Checking the validity of papers of vehicle operators and vehicles on entry or exit;

- Verifying the consistency and conformity between papers and vehicle operators or vehicles.

c/ Registering information of vehicle operators or vehicles; comparing such information with professional management data; and archiving information under regulations;

d/ Carrying out procedures for vehicle operators and vehicles on entry or exit under regulations.

2. Guidance, inspection, control and supervision of vehicles leaving or entering, carrying out activities or staying in areas of land border gates or crossings

a/ Inspecting and controlling vehicles leaving or entering border-gate areas under Clause 4, Article 13 of Decree No. 112/2014/ND-CP;

b/ Guiding, regulating and supervising vehicles entering or leaving, carrying out activities or staying in border-gate areas, ensuring security, order, safety and uninterrupted traffic at border gates;

c/ Registering the stay of vehicles in border-gate areas under Point d, Clause 4, Article 13 of Decree No. 112/2014/ND-CP.

3. In case of necessity, provincial-level Border Guard Commands shall assume the prime responsibility for, and coordinate with provincial-level Police Departments and Customs Departments in, determining management places and measures and reporting to provincial-level People’s Committees for decision on permitting vehicles of bordering countries to transport goods to warehouses or storing yards outside border gates and submit to the inspection and supervision by specialized state management agencies at border gates in accordance with law.

Article 12. Responsibility to coordinate in inspecting and supervising goods exported or imported through land border gates or crossings prescribed at Point c, Clause 1, Article 6 of Decree 112/2014/ND-CP

1. Border-gate border guards shall coordinate with functional forces in inspecting and supervising imported and exported goods in order to ensure national security, social order and safety; detecting and handling smuggling and trade frauds; guiding and supervising goods transportation, handling and transshipment activities in order to ensure social order and safety in border-gate areas.

2. Inspection and supervision of imported or exported goods by border-gate border guards

a/ Inspection of imported or exported goods:

In order to ensure import or export procedure clearance before goods are transported out of border-gate areas, border-gate border guards shall inspect papers related to goods owners, importing or exporting enterprises and imported or exported goods in accordance with law.

b/ Physical inspection of goods to ensure national security:

- Checking the consistency between the actual state of goods and their dossiers; focusing on detecting signs of infringement upon national security, social order and safety, smuggling and trade frauds, and detecting and handling import- or export- related violations;

- Goods in the cases specified in Clause 1, Article 33 of the Customs Law shall be exempted from physical inspection (unless when signs of violation are detected).

c/ Coordinated guidance and supervision of the transportation, loading and unloading of goods to ensure security and order in border-gate areas;

d/ After imported or exported goods are inspected to meet security requirements and are cleared post under regulations, the entry or exit procedures shall be carried out for people and vehicles transporting such goods;

dd/ Archive of information of imported or exported goods under regulations to serve summarization, reference and handling activities when necessary.

3. The inspection of goods must neither affect the lawful import or export activities nor obstruct the performance of relevant state agencies.

4. In border gates or crossings without customs office or border guard force, the inspection and supervision of goods traded or exchanged by border inhabitants must comply with Clause 2, Article 51 of the Customs Law and the Prime Minister’s regulations on management of border trade with the bordering countries.

5. Border-gate border guard troops may apply professional measures prescribed by law to detect, prevent, fight and handle, in coordination with other forces, smuggling and trade frauds in import and export activities.

Article 13. Responsibility to conduct border-guard inspection, control and supervision at border crossings in implementing border trade policies prescribed in Clause 4, Article 4 of Decree No. 112/2014/ND-CP

1. The border-guard procedures for vehicles on entry and exit and imported or exported goods shall be carried out at international border gates, main border gates (bilateral border gates) and secondary border gates under Articles 9, 10, 11 and 12 of this Circular.

In case the border-guard procedures are carried out at other places, regulations of the Border Guard High Command shall be complied with.

2. At places where goods are actually imported or exported, the Border Guard force shall coordinate with functional bodies in inspecting and supervising the actual importation or exportation in accordance with law.

Article 14. Responsibility to handle violations at land border gates or crossings

1. The Border Gate Department shall assume the prime responsibility for handling violations according to its functions and competence and advise the Border Guard High Command on directing the handling of entry-, exit-, import- and export-related violations at land border gates or crossings.

2. In the course of performing the tasks prescribed in Article 9, 10, 11, 12 or 13 of this Circular, when detecting entry-, exit-, import- and export-related or other violations of law at land border gates or crossings, heads of border guard units of land border gates or crossings shall assume the prime responsibility for handling such violations according to their competence and coordinate with functional forces in advising commanders of border guard posts on handling the violation in accordance with law.

Chapter III

DETERMINATION OF LAND BORDER GATE AREAS, CHANGE OF WORKING TIME, LIMITATION OR SUSPENSION OF MOVEMENTS THROUGH LAND BORDER GATES OR CROSSINGS

Article 15. Principles and order of determination of land border gate areas prescribed in Clause 4, Article 3 and Article 12 of Decree No. 112/2014/ND-CP

1. Principles of determination of the area of a land border gate or crossing

a/ Conformity with the characteristics of the type of land border gate, assurance of planned space for facilities in the border gate area under Article 11 of Decree No. 112/2014/ND-CP;

b/ Satisfaction of national defense, security and foreign policy requirements; facilitation of the state management and entry, exit, import and export activities; and conformity with the long-term border gate construction and development master plan;

c/ Compliance with provisions of treaties on border and border gates to which the Socialist Republic of Vietnam is a contracting party.

2. Order of determination of the area of an international border gate or a main border gate (bilateral border gate)

a/ The provincial-level Border Guard Command shall assume the prime responsibility for, and coordinate with related provincial-level departments and sectors, including the Military Command, Police Department, Foreign Affairs Department, Finance Department, Industry and Trade Department, Construction Department, Planning and Investment Department, Agriculture and Rural Development Department, Health Department, and Transport Department, and the People’s Committee of the district where such international border gate or main border gate (bilateral border gate) is located, in surveying and determining the border gate area; make a written record of the survey, draw a map of the border gate area, make a report on the survey result, and propose the border gate area to the provincial-level People’s Committee;

b/ Based on the proposal of the provincial-level Border Guard Command and departments and sectors specified at Point a of this Clause, the provincial-level People’s Committee shall send the draft report addressed to the Government, the survey result report and written record of the survey enclosed with the map of the border gate area to the Ministries of National Defense; Public Security; Foreign Affairs; Finance; and Industry and Trade for opinion on the border gate area;

c/ Based on the opinions of the ministries specified at Point b of this Clause, the provincial- level People’s Committee shall report the border gate area to the Government for decision;

d/ In case opinions of the ministries specified at Point b of this Clause are divergent, the provincial-level People’s Committee shall form an interdisciplinary team composed of representatives of such ministries to survey and determine the border gate area; based on the survey result, the provincial-level People’s Committee shall report the border gate area to the Government for decision.

3. Order of determination of the area of a secondary land border gate or crossing

a/ The provincial-level Border Guard Command shall assume the prime responsibility for, and coordinate with related provincial-level departments and sectors, including the Military Command, Police Department, Foreign Affairs Department, Industry and Trade Department, Health Department, Customs Department, Agriculture and Rural Development Department, Planning and Investment Department, Construction Department, Finance Department, and Transport Department, and the People’s Committee of the district where such border gate or crossing is located, in surveying and determining the border gate area; make a written record of the survey and draw a map of the border gate area;

b/ Based on opinions of the departments and sectors specified at Point a of this Clause, the provincial-level Border Guard Command shall propose the border gate area to the provincial- level People’s Committee for decision;

c/ The provincial-level Border Guard Command shall assume the prime responsibility for, and coordinate with related provincial-level departments and sectors in implementing the decision of the provincial-level People’s Committee.

4. The procedures for change of the area of a land border gate or crossing shall be carried out under Clause 2 or 3 of this Article.

Article 16. Order and procedures for change of working time at border gates or crossings; opening of border gates or crossings beyond the daily working time under Article 16 of Decree No 112/2014/ND-CP

1. Change of working time at an international border gate or a main border gate (bilateral border gate)

a/ The People’s Committee of the province where the border gate is located shall exchange opinions with the provincial-level administration of the bordering country to reach agreement on change of working time at the border gate;

b/ The provincial-level People’s Committee shall report, through the Ministry of National Defense (the Border Guard High Command), on the agreement with the provincial-level administration of the bordering country to the Government;

c/ The Ministry of National Defense shall collect opinions from the Ministries of Foreign Affairs; Public Security; Finance; Industry and Trade; Health; Agriculture and Rural Development; and Transport on the change of working time at the border gate;

d/ The Ministry of National Defense shall summarize opinions of the ministries specified at Point c of this Clause and report them to the Government for decision;

dd/ After obtaining the decision of the Government, the Ministry of National Defense shall notify it to the Ministry of Foreign Affairs for reaching agreement with the bordering country;

e/ Based on the opinions of the bordering country, the Ministry of National Defense shall notify such to the related ministries and sectors and the provincial-level People’s Committee for reaching agreement with the provincial-level administration of the bordering country for organization of implementation.

2. Change of working time at a secondary land border-gate or crossing

a/ The People’s Committee of the province where the border gate is located shall exchange opinions with the provincial-level administration of the bordering country to reach agreement on change of working time at the border gate;

b/ After reaching agreement with the provincial-level administration of the bordering country, the provincial-level People’s Committee shall collect opinions from the Ministry of National Defense and Ministry of Finance on the change of working time at the border gate;

c/ Based on the opinions of the Ministry of National Defense and Ministry of Finance, the provincial-level People’s Committee shall direct the provincial-level departments and sectors, including the provincial-level Border Guard Command, Customs Department, Health Department, Agriculture and Rural Development Department, border gate management board and People’s Committee of the district where the border gate is located, in applying the new working time.

3. Opening of a land border gate or crossing beyond the daily working time for emergency reasons related to national defense, security, a natural disaster or fire, provision of first aid to victims, pursuit or arrest of criminals or other force majeure reasons

a/ The chief commander of the provincial-level Border Guard Command shall reach agreement with a competent agency of the bordering country on the opening of the land border gate or crossing beyond the daily working time; and promptly report it to the provincial-level People’s Committee and the Border Guard High Command;

b/ After reaching agreement with the competent agency of the bordering country, the chief commander of the provincial-level Border Guard Command shall direct the commander of the border guard post to open the land border gate or crossing beyond the daily working time;

Based on the situation and nature of the case, the commander of the border guard post shall notify such to the specialized state management agencies at the land border gate or crossing for coordinated implementation.

c/ When the situation turns normal, the chief commander of the provincial-level Border Guard Command shall promptly report such to the provincial-level People’s Committee and the Border Guard High Command; and concurrently notify such to the competent agency of the bordering country and direct the commander of the border guard post to coordinate with the specialized state management agencies at the land border gate or crossing and the border gate management board of the bordering country in restoring the normal working time.

Article 17. Limitation or suspension of cross-border movements through land border gates or crossings under Article 17 of Decree No. 112/2014/ND-CP

1. Based on the reason for limitation or suspension occurring in the fields under their management, the Ministers of National Defense; Public Security; Health; and Agriculture and

Rural Development (below collectively referred to as the managing ministries) shall report to and propose the Prime Minister to decide on limitation or suspension of cross-border movements through international border gates, clearly stating such reason, starting time and ending time of the limitation or suspension;

a/ In implementing the decision of the Prime Minister, the Ministry of Foreign Affairs shall notify, through diplomatic channels, such decision to the bordering country; the managing ministries shall notify such decision to related ministries and sectors and the People’s Committee of the province where the international border gate is located for implementation and announcement in the mass media;

b/ Upon the expiration of the limitation or suspension period under the decision of the Prime Minister, the managing ministries shall coordinate with related ministries and sectors and the People’s Committee of the province where the international border gate is located in directing the maintenance of normal activities at the border gate.

2. Based on the reason for limitation or suspension, the chief commander of the provincial- level Border Guard Command shall report to and propose the chairperson of the provincial-level People’s Committee to decide on limitation or suspension of cross-border movements through the main border gate (bilateral border gate) under Clause 2, Article 17 of Decree No. 112/2014/ND-CP clearly stating such reason, starting time and ending time of the limitation or suspension;

a/ In implementing the decision of the chairperson of the provincial-level People’s Committee, the chief commander of the provincial-level Border Guard Command shall assume the prime responsibility for, and coordinate with related provincial-level departments and sectors in, directing the implementation;

b/ Upon the expiration of the limitation or suspension period under the decision of the chairperson of the provincial-level People’s Committee, the provincial-level Border Guard Command shall assume the prime responsibility for, and coordinate with related provincial-level departments and sectors in, directing the maintenance of normal activities at the border gate.

3. Based on the reason for limitation or suspension, considering the actual situation or the request of the commander of the border guard post, the chief commander of the provincial-level Border Guard Command shall decide on limitation or suspension of cross-border movements through a main border gate (bilateral border gate), secondary border gate or crossing under Clause 3, Article 17 of Decree No. 112/2014/ND-CP;

Upon the expiration of the limitation or suspension period, the chief commander of the provincial-level Border Guard Command shall assume the prime responsibility for, and coordinate with provincial related departments and sectors in, directing the maintenance of normal activities at the main border gate (bilateral border gate) or the secondary border gate or crossing.

4. Based on the reason for limitation or suspension and considering the actual situation, the commander of the border guard post shall decide on limitation or suspension of cross-border movements through a secondary land border gate or crossing under Clause 4, Article 17 of Decree No. 112/2014/ND-CP;

Upon the expiration of the limitation or suspension period, the commander of the border guard post shall assume the prime responsibility for, and coordinate with related agencies in, maintaining normal activities at the secondary land border gate or crossing.

5. Decisions on extension of the period of limitation or suspension of cross-border movements through main border gates (bilateral border gates) or secondary border gates or crossings of chairpersons of provincial-level People’s Committees, chief commanders of provincial-level Border Guard Commands or commanders of border guard posts must comply with Clause 2, 3 or 4 of this Article.

6. In case of their absence, chairpersons of provincial-level People’s Committees, chief commanders of provincial-level Border Guard Commands or commanders of border guard posts shall authorize their deputies to exercise their competence to decide on limitation or suspension of cross-border movements through main border gates (bilateral border gates) or secondary border gates or crossings and extend the limitation or suspension period under regulations.

7. When deciding on limitation or suspension of cross-border movements through main border gates (bilateral border gates) or secondary border gates or crossings or extending the limitation or suspension period, competent persons specified in Clause 6 of this Article shall make reports and announcements under Article 17 of Decree No. 112/2014/ND-CP.

8. Decisions on limitation or suspension of cross-border movements through main border gates (bilateral border gates) or secondary border gates or crossings or extension of the limitation or suspension period of competent persons specified in Clause 6 of this Article shall be made according to the form provided in Appendix 3 to this Circular.

Chapter IV

RESPONSIBILITY TO BUILD AND MANAGE LAND BORDER GATES AND CROSSINGS

Article 18. The Border Guard High Command

1. To assume the prime responsibility for advising the Ministry of National Defense on performing the tasks of state management of border gates prescribed in Articles 6 and 21 of Decree No. 112/2014/ND-CP.

2. To direct the Border Gate Department in assuming the prime responsibility for, and coordinating with related agencies in:

a/ Advising the Ministry of National Defense on performing the tasks in the management, opening and upgrading of border gates and crossings and the planning and development of the system of border gates and crossings under the responsibility of the Ministry of National Defense prescribed in Decree No. 112/2014/ND-CP;

b/ Advising the Ministry of National Defense on policies on management of entry and exit of people and vehicles and import and export of goods through land border gates and crossings within the ambit of the latter’s functions and tasks;

c/ Directing, inspecting and guiding the management, inspection, control and supervision of entry, exit, import and export activities, and protecting the territorial sovereignty, national security and social order and safety at land border gates and crossings;

d/ Guiding border-guard external work related to entry, exit, import and export activities under the responsibility of the Ministry of National Defense;

dd/ Studying and simplifying the procedures for inspection, control and grant of papers under regulations, and facilitate entry, exit, import and export through land border gates and crossings.

3. To direct the Border Guard Commands of provinces where exist land border gates or crossings in:

a/ Assuming the prime responsibility for, and coordinating with local related agencies in, advising provincial-level People’s Committees on organizing the implementation of Article 21 of this Circular;

b/ Directing border-gate border guard units in assuming the prime responsibility for, and coordinating with the specialized state management agencies and related agencies at border gates in:

- Organizing the management and protection of the national border sovereignty, preventing and fighting crime, maintaining political security and social order and safety in the areas of land border gates and crossings;

- Carrying out the border guard procedures and the inspection, control and supervision of the entry and exit of people and vehicles;

- Carrying out the procedures for, and inspecting, controlling and supervising Vietnamese and foreign organizations, individuals and vehicles entering, leaving or carrying out activities in border gate areas under Article 13 of Decree No. 112/2014/ND-CP;

- Performing military and border-guard external work related to entry, exit, import and export activities;

- Coordinating with functional forces in inspecting and supervising goods and objects imported or exported through land border gates or crossings, ensuring security for goods imported, exported, temporarily imported for re-export, temporarily exported for re-import, and preventing and combating smuggling and trade frauds.

4. To establish the process and procedures for border-guard inspection, control and supervision of people and vehicles on entry or exit and goods imported or exported through land border gates or crossings, and relevant regulations.

Article 19. The Planning and Investment Department of the Ministry of National Defense

To coordinate with, and guide, the Border Guard High Command in planning budgets for the implementation of projects and schemes on procurement of equipment and materials to serve the management and control of border gates by the Border Guard as prescribed in Decree No. 112/2014/ND-CP and this Circular.

Article 20. The Finance Department of the Ministry of National Defense

To coordinate with, and guide, the Border Guard High Command in using budgets for the implementation of projects and schemes on procurement of equipment and materials to serve the management and control of border gates by the Border Guard as prescribed in Decree No. 112/2014/ND-CP and this Circular.

Article 21. People’s Committees of provinces where land border gates or crossings are located

1. To direct provincial functional agencies to coordinate with provincial-level Border Guard Commands in fully grasping and communicating and disseminating Decree No. 112/2014/ ND-CP and this Circular among provincial-level departments, agencies and sectors, People’s Committees of districts and communes where land border gates or crossings are located, and agencies, organizations and people in border areas for implementation.

2. To direct provincial-level Border Guard Commands to assume the prime responsibility for, and coordinate with related departments and sectors and People’s Committees of districts where land border gates or crossings are located in:

a/ Reviewing the system of land border gates and crossings in their provinces, determining their names and classifying them into international, main and secondary land border gates or crossings; completing the procedures for and carrying out the process of opening or upgrading secondary land border gates or crossings not yet officially opened under Decree No. 112/2014/ND-CP;

b/ Reviewing, surveying and determining areas of land border gates and crossings; reporting these areas to provincial-level People’s Committees for approval; completing the procedures for, and reporting to the Government for approval, international and main border gate areas;

c/ Putting up land border gate or crossing signboards and setting up the system of control barriers at land border gates and crossings under this Circular.

3. To direct provincial-level Foreign Affairs Departments to assume the prime responsibility for, and coordinate with provincial-level Border Guard Commands and related provincial-level departments and sectors in, formulating and appraising master plans on development of border gates in their provinces, completing the procedures and reporting such master plans to provincial- level People’s Committees for submission to the Government for approval.

4. Annually, to ensure budgets for the survey, opening and upgrading of border gates, determination and planning of border gate areas, building of infrastructure facilities of border gates, traffic systems connected to border gates and the system of signboards and instruction signs in specific zones of border gate areas, and the administrative management activities prescribed in Article 24 of the Government’s Decree No. 140/2004/ND-CP of June 25, 2004, detailing a number of articles of the Law on National Boundaries.

Chapter V

IMPLEMENTATION PROVISIONS

Article 22. Effect

1. This Circular takes effect on March 19, 2016.

2. This Circular replaces the Minister of National Defense’s Circular No. 181/2005/TT-BQP of November 17, 2005, guiding the implementation of the Government’s Decree No. 32/2005/ND-CP of March 14, 2005, on the Regulation on land border gates, and annuls Article 1 of the Minister of National Defense’s Circular No. 90/2011/TT-BQP of June 30,2011, amending and supplementing Circular No. 181/2005/TT-BQP of November 17, 2005, and Circular No. 05/2010/TT-BQP of January 18, 2010, guiding the implementation of the Government’s Decree No. 50/2008/ND-CP of April 21, 2008, on the management and protection of security and order at seaport border gates.

Article 23. Organization of implementation

1. Provincial-level Border Guard Commands shall assume the prime responsibility for, and coordinate with provincial-level Justice Departments and related sectors in, advising provincial- level People’s Committees on organizing the study and dissemination of Decree No. 112/2014/ND-CP and this Circular among local agencies, sectors and people for unified implementation.

2. Annually, provincial-level Border Guard Commands shall base themselves on the requirements of the management and protection of the national border, maintenance of security, order and safety in land border areas, inspection and control of entry and exit through land border gates and crossings to make budget estimates under Joint Circular No. 162/2004/TTLT-BQP-BTC of December 6, 2004, of the Ministry of National Defense and Ministry of Finance, guiding expenditures and management of budgets for the management and protection of the national border, maintenance of social security, order and safety in border areas, and send them to the finance agency and related agencies at the same level for summarization and reporting to provincial-level People’s Councils and People’s Committees.

3. The Border Guard High Command shall monitor, urge and inspect the implementation of Decree No. 112/2014/ND-CP and this Circular; and annually review and report implementation results to the Ministry of National Defense.

4. Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees, and related agencies, units, organizations and individuals shall implement this Circular.

 

 

FOR THE MINISTER OF NATIONAL DEFENSE
DEPUTY MINISTER




GENERAL Do Ba Ty

* All appendices to this Circular are not translated.

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