Thông tư 22/2014/TT-BCT

CIRCULAR

DETAILING THE REGULATION ON ADMINISTERING ACTIVITIES AT INLAND BORDER GATES ENCLOSED WITH THE DECISION No. 45/2013/QD-TTG DATED JULY 25^TH 2013 BY THE PRIME MINISTER

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

Pursuant to the Decision No. 45/2013/QD-TTg dated July 25^th 2013 by the Prime Minister promulgating the regulation on administering activities at inland border gates;

At the request of Director of Department of highland and border trading;

The Minister of Industry and Trade promulgates the Circular detailing the regulation on administering the activities at inland border gates enclosed with the Decision No. 45/2013/QD-TTg dated July 25^th 2013 by the Prime Minister.

Article 1. Scope of regulation

This Circular details the contents about the Border-gate management board, Heads of the Border-gate management board, Office of the Border-gate management board, border-gate internal rules and fees and charges in the Regulation on administering the activities at inland border gates enclosed with the Decision No. 45/2013/QD-TTg (hereinafter referred to as the Regulation).

Article 2. Regulated entities

This Circular applies to the Border-gate management board, Heads of the Border-gate management board (hereinafter referred to as Heads of border gates) agencies, organizations and individuals relating to the management and administration of activities at border gates according to the regulations in Article 2 of the Regulation.

Article 3. Border-gate management boards and Head of border-gates

1. Regarding the international and key border gates (hereinafter referred to as border gates) with annual goods exchange turnover at equivalent value of VND 1,000 (one thousand) billion:

a) At border gates outside the border-gate economic zones: the Border-gate management boards shall be established according to the regulations in clause 1 Article 9 of the Regulation; Head of border gates shall comply with the regulations in point b clause 2 Article 12 of the Regulation.

b) At border gates in the border-gate economic zones and is under the management of the Border-gate management board: the Border-gate management board shall comply with the regulations in clause 2 Article 9 of the Regulation; Head of border gates shall comply with the regulations in point a clause 2 Article 12 of the Regulation.

c) At border gates in the border-gate economic zones without Border-gate management board: the Management board of economic zones of provinces shall perform the functions and tasks of Border-gate management board; Heading position of border gates shall be taken on concurrently by the Management board of economic zones.

2. Regarding border gates with annual goods exchange turnover at equivalent value of VND 1,000 (one thousand) billion or more:

a) At border gates outside the border-gate economic zones: Border-gate management boards shall be established according to the regulations in clause 1 Article 9 of the Regulation; Head of border gates shall comply with the regulations in point c clause 2 Article 12 of the Regulation.

b) At border gates in the border-gate economic zones and is under the management of the Border-gate economic zone management board: the Border-gate management board shall comply with the regulations in clause 2 Article 9 of the Regulation; Head of border gates shall comply with the regulations in point c clause 2 Article 12 of the Regulation.

c) Regarding other cases, Head of the Central steering board of boundary commerce shall report to the Prime Minister for consideration and decision.

Article 4. Office of the border-gate management board

1. Any border-gate management board specified in Article 9 of the Regulation shall have an office of border-gate management board assisting to the Head of border gate.

2. Office of border-gate management board shall be organized as follows:

a) Regarding border gates with annual goods exchange turnover at equivalent value of VND 1,000 (one thousand) billion or more: the Office of the Border-gate management board shall be established at every international and key border gates.

b) Regarding border gates with annual goods exchange turnover at equivalent value of under VND 1,000 (one thousand) billion: the Office of the Border-gate management board shall be established at the Economic zone management boards of provinces (or the Border-gate economic zone management boards) or at the Service of Industry and Trade.

3. The Office of the Border-gate management board shall have the full-time patrol and quantity of contractual employees decided according to the regulations in clause 3 Articles 12 and 14 of the Regulation.

Article 5. Border-gate internal rules

The border-gate internal rules shall be established by the Border-gate management boards according to the guidance in the Appendix enclosed herewith and shall be submitted to the Presidents of the People’s Committees of provinces for approval and promulgation.

Article 6. The operation funding

1. The Border-gate management board is the public service providers with revenue that shall ensure itself the regular operational funding, the remaining amount shall be funded from the State budget according to clause 1 Article 16 of the Regulation.

2. The Border-gate management board shall perform the sovereign rights and be self-responsible for financial issues according to the regulations in the Decree No. 43/2006/ND-CP dated April 25^th 2006 by the Government.

Article 7. Fees and charges

1. The Border-gate management board is entitled to collect fees and charges for the State management business or services provided by the Border-gate management board that are regulated in the current law provisions on fees and charges.

2. The Border-gate management board shall publish the services that require fees and/or charges and the rates fee/charge for each service at the Office of the Border-gate management board.

Article 8. Information and reporting

1. The Border-gate management board shall comply with the regulations on information and reporting about the import/export of goods; the passenger/vehicle entry and exit; the commercial supporting services; the cooperation with local administration and the border-gate management agency of the country sharing the border and other activities at the border gates periodically (every month, every quarter, every six months, every year or irregularly; regularly or irregular reports shall be sent to the Service of Industry and Trade, People’s Committees of provinces, Central steering boards of boundary commerce of provinces, the Ministry of Industry and Trade and relevant regulatory bodies.

2. The Border-gate management boards shall provide the information irregularly at the request of competent agencies according to the law provisions.

Article 9. Organization of implementation

1. This Circular comes into effect from September 01^st 2014.

2. The border-gate management board, Head of border gates, agencies, organizations and individuals relevant to the implementation of the Regulation are responsible for implementing this Circular.

3. People's Committees of provinces in charge of managing and directing the operation of the Border-gate management board at the border gates in local area are responsible for the implementation of this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration and solution./.

APPENDIX

GUIDANCE ON REGULATION AT BODER GATES
(Enclosed with the Circular No. 22/2014/TT-BCT dated June 30^th 2014 by the Minister of Industry and Trade)

Article 1. Working hour

1. Working hour is from ... to … every day (including Saturdays, Sundays and holidays)

2. If the working time specified in clause 1 of this Article is up when goods are undergoing inspection, then the inspection shall be continued and the customs declarant is not required to register with the management board.

Article 2. Overtime duty

Outside the regulated working hours, Heads of agencies and units of functional forces at border gates shall arrange officials, officers and soldiers to carry out overtime duty to solve the relevant work according to the regulations.

Article 3. Working location

1. Working location at Border-gate interdisciplinary control stations and other places inside the border area.

2. Working location of functional forces:

a) At divisions of exit and entry

b) At divisions of customs procedures

c) At divisions of medical isolation, quarantine and treatment

d) At divisions inspecting and controlling vehicles and goods that are exported/imported across the borders

dd) At standing division receiving, guiding and responding the questions of organizations/individuals

e) At workplaces of the Offices of border-gate management board (hereinafter referred to as Office of Management board)

g) Other divisions (if any).

Article 4. Order of working and administrative procedures

1. Contacting:

a) Any organization/individual following the entry and exit procedures shall contact with the division of exit and entry of the Border-gate guard.

b) Any organization/individual following the procedures for exporting or importing of goods shall contact with the division receiving customs declaration sheet at border gate.

c) Any organization/individual having questions shall contact with the standing division of the Office of Management board directly or via hotline.

The Office of Management boards shall assist the management board to manage and unify the operation of functional forces at border gates, ensuring the constancy and order towards simplifying the administrative procedures.

2. Administrative procedures

a) Administrative procedures applicable to entry and exit activities:

- For exiting people/vehicles

- For entering people/vehicles

- For people/vehicles in transit

b) Administrative procedures applicable to import/export of goods:

- Regarding exported goods (including transited goods): administrative procedures for people and vehicles, procedures for quarantine of animals and plants and registration for opening customs declaration sheet; handling of arise issues before customs clearance of goods; Final control.

- Regarding imported goods (including transited goods): input control; administrative procedures for people and vehicles, procedures for quarantine of animals and plants and registration customs of declaration sheet; handling of arise issues before customs clearance of goods; Final control.

Article 5. Working style, costume, insignias and attitude

Responsibilities of officials, civil servants, soldiers, officers working for functional forces at border gats and the border-gate management boards:

1. Working on time, wear tidy custom, wear insignias and officials’ cards according to the regulations; be civilized, polite, enthusiastic and thoughtful when communicating and carrying out duty.

2. Strictly comply with the assignment of Heads of units and of the superiors. Keep silent during working hours, must not leave the desk and go to other divisions without permission; must not drink or smoke when carrying out duty. Have divisional consciousness, must not reveal or provide information to another people without permission of director of the direct management agency.

3. Use electricity, water and office stationery efficiently, maintain common properties, must not move working equipment without permission of competent people. Take responsibilities for fire and explosion prevention and hygiene at office. Turn off electrical equipment and lock the door of working rooms after working time.

Article 6. Responsibilities of agencies, organizations and individuals entering/leaving or performing an activity at border gates

1. Any organizations, units and functional forces working at border gates within their authority shall cooperate in or carry out the inspection/control of the import/export of goods, entry/exit of people/vehicles according to the procedures specified in the Border-gate internal rules.

2. Any organization/individual performing an activity at a border gate relating to the import/export of goods; entry/exit of people/vehicles and other activities shall seriously comply with the Border-gate internal rules and the current law provisions. Requests of any people who is drunk, annoyed or any people who wears dark glasses or masks or smokes shall not be handled.

Article 7. Organization of implementation

1. The Border-gate internal rules shall be posted at noticeable places.

2. Border-gate management boards shall establish a hotline to receive and respond to the questions of organizations/individuals during the implementation of procedures at border gates.

3. Border-gate management boards are responsible for directing, managing, inspecting and expediting the implementation of Border-gate internal rules.

4. Offices of border-gate management boards shall assist Border-gate management boards to fulfill the tasks specified in Border-gate internal rules; supervise, collect figures and make reports, offer suggestion about awards or penalties for appropriate individuals or functional forces.

5. Any difficulties that arise during the implementation of the Border-gate internal rules shall be reported to the Presidents of the People’s Committees (via Border-gate management boards) for consideration and decision./.