Thông tư 52/2015/TT-BCT

CIRCULAR

DETAILED REGULATIONS ON CROSS-BORDER TRADING CONDUCTED BY TRADERS PROMULGATED IN DECISION 52/2015/QD-TTG ON MANAGEMENT OF BORDER TRADING WITH NEIGHBORING COUNTRIES DATED OCTOBER 10, 2015 OF THE PRIME MINISTER

Pursuant to the Decree No.95/2012/ND-CP on functions, responsibilities, power and structural organization of the Ministry of Industry And Trade dated December 11, 2012 of the Government;

Pursuant to the Decision No. 52/2015/QD-Ttg on management of border trade with neighboring countries dated October 10, 2015 of the Prime Minister;

At the request of the Director of the Mountainous and Frontier Trade Department,

The Minister of Industry and Trade promulgates this Circular detailing cross-border trading activities by traders promulgated in Decision 52/2015/QD-Ttg on management of border trade with neighboring countries dated October 10, 2015 of the Prime Minister.

Article 1. Scope

This Circular provides detailed regulations on cross-border trading activities promulgated in the Decision 52/2015/QD-Ttg on management of border trade with neighboring countries dated October 10, 2015 of the Prime Minister.

Article 2. Regulated entities

This Circular applies to Vietnamese traders and other organizations and individuals engaging in cross-border trade under Decision No. 52/2015/QD-TTg .

Article 3. Cross-border traders

1. Traders who conduct cross-border trade are Vietnamese including Vietnamese enterprises, business households and cooperatives under regulations of laws.

2. In case, Vietnam’s laws or any international agreement to which the Socialist Republic of Vietnam is a signatory stated that foreign-invested traders, foreign-owned companies and branches of foreign enterprises located in Vietnam are allowed conduct cross-border trade, such entities shall be entitled to conduct their cross-border trading activities in accordance with regulations of this Circular .

3. According to the proposal of the Department of Industry and Trade, the People’s Committee of the border province shall request the Ministry of Industry and Trade to consider approving the list of traders who are entitled to conduct cross-border trade through secondary border checkpoints and border crossings based on the following criteria:

 Trader’s headquarters or their independent branches are registered in border provinces.

b) The observation of laws of traders on the aforesaid list that is annually examined by the People’s Committee of the border province.

Article 4. Applications and procedures for carrying out cross-border trade through secondary checkpoints and border crossings

1. Every traders stipulated in clause 1, Articles 3 hereof shall submit 01 application to the Department of Industry and Trade of the border province where the secondary checkpoint or border crossing is located directly or by post. Documents requested in an application:

a) An application form for cross-border trade through secondary checkpoints and border crossings using a form in Annex 1 hereof;

b) 01 certified true copy of the certificate of investment or certificate of enterprise registration/certificate of business registration or certificate of business household registration or certificate of cooperative/inter-cooperative registration or certificate of branch registration.

2. Within 05 working days from the date of receipt of the valid application, the Departments of Industry and Trade shall request the People’s Committee of the border province to consult with the Ministry of Industry and Trade on the list of traders satisfying requirements for cross-border trade through secondary checkpoints and border crossings (hereinafter referred to as the list).

3. Within 05 working days from the date of receipt of the request of the People’s Committee of the border province, the Ministry of Industry and Trade shall send the People’s Committee of the border province a written response to the list.

4. Within 03 working days from the date of receipt of the suggestion of the Ministry of Industry and Trade, the People’s Committee of the border province shall make an announcement about the list. In case of rejection, The People's Committee of the border province shall send the applicant a written notice in which reasons for rejection shall be specified.

Article 5. Goods purchased and goods sold across borders by traders

1. Goods purchased and goods sold across borders by traders shall comply with clause 1, Article 6 of the Decision No.52/2015/QD-TTg.

2. Goods exported through secondary checkpoints and border crossings including articles of natural resources, minerals, price-stabilized goods and goods without the Certificate of Origin of Vietnam shall only be exported through secondary checkpoints and border crossings at a specific time that is announced by the People’s Committee of the border province.

3. Goods imported through secondary checkpoints and border crossings:

Goods on the list prescribed in Annex II hereof.

b) Any imported goods out of the list prescribed in the Annex II hereof shall only be imported through secondary checkpoints and border crossings at a specific time announced by the People’s Committee of the border province.

4. The People’s Committee of the border province shall consult with the Ministry of Industry and Trade on types of articles and the specific time for import or export of goods regulated in clause 2 and point b, clause 3 of this Article.

Article 6. Secondary checkpoints and border crossings for cross-border trade

1. The People’s Committee of the border province shall compile a list of secondary checkpoints and border crossings within their province that satisfy the requirement for cross-border trade as promulgated in clause 2, Article 7 of the Decision No.52/2015/QD-TTg

2. In case of congestion or jam at the secondary checkpoint or border crossings, the People’s Committee of the border province shall:

a) Prioritize the export of fresh foods, perishable agricultural products and other exports; or

b) Suspend the export of goods having no Certificate of Origin of Vietnam

c) Suspend the import of goods.

Article 7. Lists of goods purchased or goods sold across borders by traders

A list of goods purchased and goods sold across borders shall be made using the form in the Annex III hereof under clause 2, Article 9 of the Decision No.52/2015/QD-TTg.

Article 8. Implementation Organization

1. The Mountainous and Frontier Trade Department – Standing Agency of the Central Border Trade Steering Committee shall take charge of and cooperate with units affiliated to the Ministry of Industry and Trade to:

a) Receive requests for consultation on cross-border trading activities conducted by traders from the People’s Committees of the border provinces under regulations hereof.

b) Provide instructions and inspect the implementation of this Circular and relevant law on cross-border trade .

2. The Frontier and Mountainous Trade Department–Standing Agency of the Border Trade Steering Committee shall cooperate with the People’s Committee of the border province to:

Manage cross-border trade conducted by traders within its province under regulations of this Circular;

b) Receive applications for cross-border trade through the secondary checkpoints and border crossings under regulations of this Circular;

c) Provide information and submit reports on cross-border trade monthly, quarterly, biannually, annually or irregularly upon particular requests.

3. Traders and other entities related to cross-border trade shall be responsible for the implementation of this.

Article 9. Entry into force

1. This Circular comes into effect from February 15, 2016 and nullifies the following regulations:

a) The Circular No. 13/2009/TT-BCT on import or export of goods through secondary checkpoints and border crossings outside of checkpoint economic zones ;

b) Regulations on goods trading activities cross borders by traders in the Joint Circular No.01/2008/TTLT-BCT-BTC-BGTVT-BNN&PTNT-BYT-NHNN dated January 31, 2008 of the Ministry of Industry and Trade, Ministry of Finance, Ministry of Transport, Ministry of Agriculture and Rural Development, Ministry of Health and the State bank of Vietnam guiding the implementation of the Decision No.254/2006/QD-TTg on management of border trading activities with neighboring countries dated November 07, 2006 of the Prime Minister .

2. Any issues or concerns arising during the implementation of this Circular shall be reported to the Ministry of Industry and Trade ( the Frontier and Mountainous Trade Department – Central Border Trade Steering Committee) in writing ./.