Quyết định 45/2013/QD-TTg

DECISION

ON PROMULGATING THE REGULATION ON ADMINISTERING ACTIVITIES AT INLAND BORDER GATES

Pursuant to the Law on organization of Government, dated December 25, 2001;

Pursuant to the Law on national border dated June 17, 2003;

At the proposal of Minister of Industry and Trade;

The Prime Minister decides on promulgating the regulation on administering activities at mainland border gates,

Article 1. To promulgate together with this Decision the regulation on administering activities at mainland border gates.

Article 2. This Decision takes effect on October 01, 2013.

Article 3. Ministers of: Foreign Affairs, National Defense, Public Security, Industry and Trade, Health, Agriculture and Rural Development and relevant Ministries, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of People’s Committees of central-affiliated cities and provinces are responsible for the implementation of this Decision.  

REGULATION

ON ADMINISTERING ACTIVITIES AT MAINLAND BORDER GATES
(Promulgated together with the Decision No. 45/2013/QD-TTg dated July 25, 2013 of the Prime Minister)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Regulation is applied at international and key border gates (or national or bilateral border gates) on mainland borders (hereinafter abbreviated to border gates).

2. This regulation provides for:

a) The unified management of activities of specialized functional forces at borders;

b) Management of commercial assistant services at border gates;

c) The coordination with local authorities and border-gate management agencies of bordering countries

d) Activities of border-gate management boards.

Article 2. Subjects of application

1. Agencies, organizations and individuals perform the administrative management and specialized functions at the border-gate areas.

2. Agencies, organizations and individuals participating in activities involving export and import of goods, exit and entry of people, means of transport and other activities at border gates.

3. Other organizations and individuals related to the management and administering of activities at border gates.

Article 3. Principles in managing activities at border gates

1. To ensure for activities at border gates to be implemented in unified, synchronous manner, with close coordination, orderly routine, facilitating and promoting activities of export and import of goods, exit and entry of people, means of transport and other activities at border gates in direction of simplifying administrative procedures.

2. To encourage all economic sectors to invest, develop commercial services at areas of mainland border gates.

3. To be consistent with external activities and national economic integration, to build border-gates to become bridge for exchange, cooperation, peace and development.

4. To contribute in social-economic development in association with assurance of security, national defense, order and social safety for mainland border areas.

Chapter 2.

REGULATION ON UNIFIED MANAGEMENT OF ACTIVITIES AT BORDER GATES

Article 4. Activities at border gates

1.  Specialized management activities of functional forces, including border guards, customs and other functional forces at border gates.

2. Activities involving export and import, exit and entry of agencies, organizations and individuals.

3. Activities involving commercial assistant services at border gates, including services of warehouses, yard, delivery and reception, transport, processing, packaging, loading and unloading of goods, payment services, foreign exchange services; services which assist implementation of administration procedures as prescribed by relevant specialized law and other assistant services under regulation.

4. Activities involving coordination with local authorities and border-gate management agencies of bordering countries.

Article 5. Coordination of functional activities of functional forces at border gates

1. Border guards, customs, and other functional forces at border gate shall perform activities of specialized management as prescribed by law; be responsible before the heads of superior management agencies for the line management activities.

2. The border-gate management boards shall administer coordination uniformly of specialized activities of functional forces at border gates and ensure the synchronism, orderly route in direction of simplifying administration procedures.

Article 6. Management of activities involving export and import, exit and entry of agencies, organizations and individuals

1. Agencies, organizations and individuals participating in activities involving export and import of goods, exit and entry of people, means of transport and other activities at border gates shall comply with legislations.

2. Upon participating in activities involving export and import of goods, exit and entry of people, means of transport and other activities at border gates, agencies, organizations and individuals must comply with the border-gate internal rule and other regulations of the border-gate management board.

Article 7. Management of activities involving commercial assistant services at border gates

1. The border-gate management board shall manage the construction, repair of houses, architecture objects, public works in line with the cultural identity of country under master plans, plans, progresses which have been approved by competent state agencies, ensure the convenience for inspection, supervision of functional forces, travelling, working of organizations, individuals and the border commercial development within border gates.    

2. The border-gate management boards shall provide for, develop and collect charges of services at border-gate areas in line with current legislation.

3. The border-gate management board shall facilitate implementation of projects after grant of investment certificates for services of goods inspection yards, transport, delivery and reception stations, warehouses of gathering export and import goods and other logistics at border gates. 

Article 8. Coordinating with local authorities and border-gate management agencies of bordering countries

1. The border-gate management boards shall coordinate with People’s Committees of districts, townships and provincial cities where setting border gates and border-gate guard station in resolving problems involving activities of border gates such as assurance of security, order and social safety, power supply, water supply, drainage, hygiene, beautiful landscape, ecological environment of border-gate areas and other problems arising.

2. The border-gate management board shall coordinate with the border-gate management agencies and relevant functional forces of border gates of bordering countries in:

a) Organizing periodical or irregular briefings between the border-gate management boards of Vietnam and border-gate management agencies of bordering countries;

b) Exchanging to unify the border-gate management and management of procedures of two parties;

c) Timely handling difficulties arising in activities involving export and import of goods, exit and entry of people, means of transport and other activities across border gates or upon happening jam at border-gates;

d) Ensuring the observance of border-gate management agencies and relevant functional forces of border gates of bordering countries with treaties and international agreements which Vietnam and bordering countries have entered into or acceded.

Chapter 3.

REGULATION ON THE BORDER-GATE MANAGEMENT BOARD AND HEAD OF BORDER GATE

Article 9. Establishment of border-gate management boards

1. Border-gate management boards shall be established at every international border gates and key border gates where border-gate economic zones have not yet been established.

2. For international border gates and key border gates locating in border-gate economic zones, the management boards of border-gate economic zones shall perform functions, tasks and powers of the border-gate management boards as prescribed in this Regulation.

3. Chairpersons of provincial People’s Committees shall decide on appointment of heads of the border-gate management board and approve list of members of border-gate management boards.

Article 10. Functions of border-gate management board

1. The border-gate management board is a public non-business unit affiliated the provincial People’s Committee.

2. A border-gate management board shall have legal status, account and separate seal; have head office located at border gate; have the state administrative management funding, non-business operation funding and development investment capital under regulations.

3. The provincial People’s Committees, the Ministry of Industry and Trade and Border Commerce Steering Board of Central and provincial level shall direct, guide and inspect the border-gate management boards.  

4. The relationship between a border-gate management board with Department, sector affiliated the provincial People’s Committee and the People’s Committee of district, township, or provincial city where setting border gate is the coordinative relationship.

Article 11. Tasks and powers of border-gate management board

1. To perform the unified management of activities at border gates as prescribed at Chapter II of this Regulation.

2. To formulate and submit to the chairperson of provincial People’s Committee for promulgation of border-gate internal rules and organization of implementation of border-gate internal rules after promulgation.

3. To administer, coordinate activities of function forces at border gates involving inspection and control over export and import of goods, exit and entry of people, means of transport and other activities across border gates.

4. To arrange locations for inspection and control of line management functional forces at border gates uniformly, rationally and smoothly, to meet requirements of functions and tasks of functional forces at border gates as prescribed by law.

5. To coordinate and resolve problems arising during the specialized activities of functional forces at border gates. To notify functional forces about mechanisms, policies and directions, regulations of relevant agencies. 

6. To ensure the working hours of functional forces at border gates in accordance with provisions in border-gate internal rule; coordinate in inspection and control at the same time which has been unified between the border-gate management board and border-gate management agencies of bordering countries.

7. To sum up comments of relevant organizations and individuals about solutions to administer activities at border gates, report to the chairpersons of provincial People’s Committees to decide or propose to functional sectors for handing as prescribed by law.

8. To coordinate with relevant agencies in monitoring, summing up, reporting and advising for the provincial People’s Committees in managing activities and implementing the commercial mechanisms and policies at border-gate areas.

9. To report monthly, quarterly, biannually and annually or irregularly about activities at border gates to the provincial People’s Committees.

10. To report on administrative observance and coordination of civil servants, public employees of functional forces at border gates to relevant agencies, propose commendation or handling for individuals or functional forces that violate administratively or fail to comply with the border-gate internal rules.

11. To perform other tasks as assigned by chairpersons of provincial People’s Committees as prescribed by law.

Article 12. Organizational structure of border-gate management board

1. A border-gate management board has a chief of border-gate management board (abbreviated to as border-gate chief) who is appointed by chairperson of provincial People’s Committee, 02 deputy chiefs of border-gate management board (abbreviated to as border-gate deputy chiefs) who are heads of border guard and customs forces at border gate.

2. Border-gate chief:

a) At border gates in the border-gate economic zones, head of management board of border-gate economic zones shall take over the role of border-gate chief.

b) At border gates outside the border-gate economic zones, a Deputy Director of provincial Department of Industry and Trade or a deputy head of management board of economic zones shall take over the role of border-gate chief.

c) For border gates with annual goods exchange turnover at equivalent value of 1,000 (one thousand) billion VND or more, the chairpersons of provincial People’s Committees shall consider and decide on appointment a civil servant equivalent to Deputy Director of specialized Department to act as border-gate chief.  

3. Other members of the border-gate management board include heads of functional forces at border gates and civil servants, public employees of Office of the border-gate management board.

Article 13. Tasks and powers of border-gate chief

1. The border-gate chief is head and takes main responsibility at border gate and issue decisions on administering activities and coordinating specialized activities of functional forces at borer gates; suffer the direction and direct management of the chairperson of provincial People’s Committee.

2. The border-gate chief shall sign on behalf of the border-gate management board in documents under name of the border-gate management board in administering border gate. The relationship between border-gate chief with heads of Departments, sectors of the provincial People’s Committee is the coordinative relationship.

3. The border-gate chief shall invite, organize and sponsor periodical or irregular briefings among functional forces at border gates; decide on relevant problems arising upon remaining divergent opinions in the border-gate management board.

4. Border-gate chief shall be responsible for coordinating with the People’s Committees of districts, townships and provincial cities, and relevant agencies, in reporting the chairpersons of provincial People’s Committees about activities of administering at border gates.

5. Border-gate chief is head of border gate involving coordination with the border-gate management agencies of bordering countries; presiding over periodical or irregular briefings alongside border gates of Vietnam and bordering countries.

6. Border-gate chiefs are entitled to require functional forces at border gates to notify about measures and result of resolving problems arising in activities involving export and import of goods, exit and entry of people, means of transport and other activities at border gates.

7. Border-gate chief may authorize for a border-gate deputy chief to administer at border gate when he/she is absent.

8. Border-gate chief may perform other tasks as assigned by chairpersons of provincial People’s Committees as prescribed by law.

Article 14. Office of border-gate management board

1. Office of border-gate management board is unit assisting for border-gate chief.

2. The chairperson of provincial People’s Committee shall decide on full-time patrol and quantity of contractual employees of the Office of border-gate management board as prescribed at Government’s Decree No. 41/2012/ND-CP dated May 08, 2012, on positions and jobs in public non-business unit.

Article 15.

1. The border-gate management board shall submit border-gate internal rules to the chairperson of provincial People’s Committee for approval and promulgation.

2. The border-gate internal rules must be listed publicly at recognizable places at border gates and notify on means of mass media in localities where setting border gate.

3. The border-gate internal rules shall include the basic contents:

a) Working hour;

b) Regime of overtime guard of functional forces;

c) Working location;

d) Order of working and administrative procedures;

dd) Working style, costume, insignias and attitude;

e) Responsibilities of agencies, organizations and individuals who go out and in and operate at border-gate areas.

Chapter 4.

ORGANIZATION OF IMPLEMENTATION

Article 16. The operational funding

1. Funding for administering activities at border gates as prescribed in this Regulation shall be allocated from the state budget through the provincial People’s Committees and other lawful sources as prescribed by law.

2. The operational funding includes:

a) The regular operational funding, in which includes the part-time allowances;

b) The administrative funding: Expenditures for electricity, water, environmental hygiene, subsidies, feeding-up allowances under regulations and other administrative funding under regulations;

c) Funding for investment in fundamental construction from state budget approved by competent agencies.

3. The allocation, management, use and finalization of funding for administering activities at border gates shall comply with the current legislations.

4. The funding for specialized activities of functional forces at border gates shall comply with the current legislation.

Article 17. Responsibilities of the Ministry of Industry and Trade 

1. To assume the prime responsibility for, and coordinate with relevant Ministries, sectors and the provincial People’s Committees in guiding implementation of this Regulation.

2. To regulate and coordinate operation of the Central steering board of boundary commerce in monitoring, inspecting, urging implementation of this Regulation.

3. To sum up and propose matters issuing during implementation, report to the Prime Minister to consider, decide on amending, supplementing this Regulation in necessary case.

Article 18. Responsibilities of other Ministries and sectors

1. Based on their assigned functions, tasks and powers, to assume the prime responsibility for, or coordinate with relevant Ministries, sectors and the provincial People’s Committees in directing, guiding the functional forces of Ministries and their sectors at border gates to perform inspection, control of export and import of goods, entry and exit of people, means of transport and coordinate with other functional forces in inspection, control as prescribed by current law and this Regulation.

2. To direct, guide the functional forces of Ministries and their sectors at border gates to perform the specialized management of export and import of goods, entry and exit of people, means of transport; and coordinate with the Central Steering Board of Boundary Commerce in monitoring, inspecting implementation of this Regulation.

3. To propagate, popularize provisions of this Regulation to cadres, civil servants of Ministries and their sectors in doing task of state management at border-gate areas.

Article 19. Responsibilities of the provincial People’s Committees 

1. To be responsible for managing, directing and administering activities of the Border-gate Management Boards at border gates in their localities.

2. To unify with relevant Ministries and sectors about border-gate area planning, approval for plan on construction, repair of houses, architectures and public works under planning.  

3. To promulgate, guide, urge and inspect the implementation of the border-gate internal rules at border gated in their localities, facilitate for the chiefs of border gates to perform the assigned tasks under regulations.

4. To report the Central Steering Board of Boundary Commerce, relevant Ministries and sectors about situation of administering activities at border gates as prescribed by current law and this Regulation.

5. To propose to Ministries, sectors managing functional forces about rewarding, disciplines applicable to teams or individuals related to the administering of activities at border gates as prescribed by law.