Thông tư 34/2016/TT-BCT

CIRCULAR

SPECIFYING CROSS-BORDER TRADE IN GOODS PERFORMED BY BUSINESS PERSONS AS PRESCRIBED BY THE PRIME MINISTER’S DECISION NO.52/2015/QD-TTG DATED OCTOBER 20, 2015 REGARDING MANAGEMENT OF BORDER TRADE WITH BORDERING COUNTRIES

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No.187/2013/ND-CP dated November 20, 2013 specifying implementation of the Law on Commerce in terms of international trade in goods and transactions of agents for purchase, sale, processing and transit of goods with foreign partners;

Pursuant to the Prime Minister’s Decision No. 52/2015/QD-TTg dated October 20, 2015 on administration of border trade with bordering countries;

At the request of the Director of the Import and Export Department,

The Minister of Industry and Trade hereby introduces the Circular specifying cross-border trade in goods performed by business persons as prescribed by the Prime Minister’s Decision No.52/2015/QD-TTg dated October 20, 2015 regarding management of border trade with bordering countries.

Article 1. Scope

1. This Circular shall specifically deal with cross-border trade in goods performed by business persons as prescribed by Chapter II of the Prime Minister’s Decision No.52/2015/QD-TTg dated October 20, 2015 regarding management of border trade with bordering countries.

2. Temporary import and re-export, temporary export and re-import or merchanting trade transactions shall not be covered by this Circular but shall be subject to applicable regulations on Temporary import and re-export, temporary export and re-import or merchanting trade transactions

Article 2. Subjects of application

This Circular shall apply to Vietnamese business persons, or other entities, organizations or individuals involved in cross-border trade in goods under the provisions of the Decision No. 52/2015/QD-TTg

Article 3. Business persons performing cross-border trade in goods through minor border posts and open border routes

1. Business persons who are allowed to perform cross-border trade in goods must be Vietnamese business persons, including firms, business family households or cooperatives as prescribed by laws and regulations.

2. Where Vietnamese laws or international treaties of which the Socialist Republic of Vietnam is a member prescribe that foreign-invested business persons, companies and foreign company's branches in Vietnam are licensed to perform cross-border trade in goods, such cross-border trade activities must be subject to provisions laid down in this Circular.

Article 4. Document requirements and procedures for application for cross-border trade in goods through minor border posts and open border routes

1. After looking into current conditions of basic facilities and utilities available at minor border posts and open border routes, the People’s Committee shall choose business persons who conform to laws and regulations to perform cross-border trade in goods through minor border posts and open border routes.

2. Business persons referred to in Clause 1 Article 3 hereof are required to submit 01 (one) set of application documents to the Departments of Industry and Trade of the border provinces where minor border posts or open border routes are located. Application documents are comprised of:

a) Registration form which is filled out to register cross-border trade in goods through minor border crossing or open border routes by using the form stipulated in the Appendix I hereto attached, including 01 (one) original copy.

b) Investment certificate or enterprise registration certificate/business registration certificate or business household registration certificate, or cooperative or cooperative alliance registration certificate, including 01 (one) duplicate copy which is certified as a true copy, submitted by the applicant.

3. Within the duration of 04 (four) working days from receipt of all valid documents required, the Department of Industry and Trade shall send the People's Committee of the border province a list of business persons that meet regulatory requirements so that they can perform cross-border trade in goods through minor border posts and open border routes.

4. Within the duration of 03 (three) working days of receipt of the list from the Department of Industry and Trade, the People's Committee of the border province shall publicly release the list of business persons licensed to perform cross-border trade in goods through minor border posts and open border routes. In case of rejection of any business person, the People’s Committee of a border province must respond to that business person and clearly state reasons for such rejection.

5. The People's Committee of the border province shall publicly release the list of business persons licensed to perform cross-border trade in goods through minor border posts and open border routes through mass media and then send such list to the Ministry of Industry and Trade.

6. On a quarterly basis, the People's Committee of a border province shall examine and assess compliance of licensed business persons with laws to make any necessary correction or modification or decision to remove those who are in breach of provisions regarding cross-border trade in goods from the list; prepare an assessment report for submission to the Ministry of Industry and Trade for cooperation in management activities.

Article 5. Goods sold or purchased across borders by business persons, including

1. Goods sold or purchased across borders by business persons, subject to provisions laid down in Clause 1 Article 6 of the Decision No. 52/2015/QD-TTg

2. Goods exported through minor border posts or open border routes

Goods exported through minor border posts and open border routes are required to meet regulations enshrined in the Government's Decree No.187/2013/ND-CP dated November 20, 2013 specifying implementation of the Law on Commerce in terms of international trade in goods and transactions of agents for purchase, sale, processing and transit of goods with foreign partners.

3. Goods imported through minor border posts or open border routes

a) If minor border posts and open border routes are located inside of border economic zones, imported goods are required to meet regulations enshrined in the Government's Decree No.187/2013/ND-CP dated November 20, 2013 specifying implementation of the Law on Commerce in terms of international trade in goods and transactions of agents for purchase, sale, processing and transit of goods with foreign partners.

b) If minor border posts and open border routes are located outside of border economic zones, goods allowed for import are raw materials, fuels, supplies or inputs used for the domestic production industry according to the list of goods given in the Appendix II hereto attached.

c) If goods allowed for import are raw materials, fuels, supplies or inputs used for the domestic production industry but are not present in the list of goods given in the Appendix II hereto attached, they are only imported through minor border posts or open border routes located outside of border economic zones within a specified period of time decided and made known to the public by the People's Committee of a border province after receipt of opinions from the Ministry of Industry and Trade.

Article 6. Minor border posts and open border routes through which business persons perform cross-border trade in goods

1. After consulting applicable laws and regulations, the People’s Committee of a border province shall issue a public notice of minor border posts and open border routes located within its jurisdiction through which business persons are allowed to perform cross-border trade in goods.

2. In case where minor border posts and open border routes are blocked due to overcrowding or tie-up situations, the People’s Committee of a border province shall manage and apply necessary measures to:

a) prioritize export of fresh food and perishable agricultural products and other exports; or

b) keep goods imported through minor border posts and open border routes under control so as to avoid any impact on exportation.

Article 7. Manifest of goods sold or purchased across borders by business persons, including

Manifest of goods traded across borders by business persons shall be subject to the provisions of Clause 2 Article 9 of the Decision No. 52/2015/QD-TTg according to the form stipulated by the Appendix III hereto attached.

Article 8. Implementation

1. The Ministry of Industry and Trade shall assume the following responsibilities:

a) Provide instructions for implementation of provisions hereof, consolidate opinions received from other relevant entities, organizations or individuals and business persons involved in cross-border trade in goods in order to deal with any difficulty that may arise in the course of implementation of this Circular.

b) Provide guidance for and inspect implementation of this Circular by other relevant entities, organizations or individuals and business persons.

2. The People’s Committee of a border province shall bear the following responsibilities:

a) Take charge of managing cross-border trade in goods by business persons that occurs within its jurisdiction in accordance with this Circular and other relevant documents.

b) Establish the mechanism for cooperation between regulatory authorities and regulation of goods at border gates to prevent any tie-up, smuggling and commercial fraud that may occur within its jurisdiction.

c) Submit a biannual or ad-hoc review report to the Ministry of Industry and Trade on cross-border trade transactions in goods at the request of the Ministry of Industry and Trade.

3. Business persons, entities, organizations and individuals involved in cross-border trade transactions in goods shall be responsible for strict compliance with this Circular.

Article 9. Entry into force

1. Transitional provisions

Written notifications of selection of business persons licensed to trade goods through minor border posts and open border routes which were issued prior to the entry into force of this Circular shall remain valid to be applied.

2. Effect

a) This Circular shall enter into force from February 15, 2017.

b) This Circular shall repeal the Circular No. 52/2015/TT-BCT of the Ministry of Industry and Trade specifying cross-border trade in goods performed by business persons as prescribed by the Prime Minister’s Decision No.52/2015/QD-TTg dated October 20, 2015 regarding management of border trade with bordering countries.

c) Documents related to instructions for implementation of the Circular No. 52/2015/TT-BCT shall be repealed.

d) In the course of implementation of this Circular, if there is any contentious issue or difficulty likely to arise, entities, organizations concerned and business persons involved in border trade transactions shall be advised to send their written feedbacks to the Ministry of Industry and Trade to request its review and decision to provide possible solutions./.