Nghị định 112/2014/ND-CP

Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates

Nội dung toàn văn Decree No. 112/2014/ND-CP providing the management of land border gates


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 112/2014/ND-CP

Hanoi, November 21, 2014

 

DECREE

PROVIDING THE MANAGEMENT OF LAND BORDER GATES

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

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

At the proposal of the Minister of National Defense,

The Government promulgates the Decree providing the management of land border gates.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides:

1. Inspection, control and supervision activities of specialized state management agencies at land border gates or crossings.

2. The exit and entry of people; the exit, entry, transit, temporary import for re-export of vehicles (below referred to as exit and entry for short); the export, import, temporary import for re-export, temporary export for re-import, transit, border-gate transshipment of goods and products (below referred to as import and export) through land border gates or crossings (below referred to as via-border gate exit and entry).

3. Border gate areas; exit, entry, stay and temporary residence in border gate areas; the conditions, competence and time for restriction or suspension of movement through land border gates or crossings.

4. The opening, upgrading, planning, construction and development of land border gate systems.

5. Responsibilities of state management agencies for the management of land border gates and crossings.

Article 2. Subjects of application

1. Vietnamese and foreign organizations and individuals on exit or entry through border gates; leaving, entering, staying or operating in land border gate or crossing areas.

2. Specialized state management agencies and related state management agencies involved in exit and entry activities through land border gates or crossings.

3. State management agencies competent to open, upgrade, restrict and suspend the movement through land border gates and crossings, and plan, develop and construct land border gate systems.

Article 3. Interpretation of terms

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

1. National gate means a gate built at a border gate, bearing the characteristics of Vietnamese culture, demonstrating the national independence and symbolizing the friendship and solidarity with the neighboring country.

2. Land border gate (below referred to as border gate for short) means a place where exit, entry, transit, import, export and movements across the national land border take place. Border gates include land border gates, railway border gates and inland waterway border gates.

3. Inland waterway border gate means a mainland border gate opened on a waterway running through the national land border.

4. Land border gate area (below referred to as border gate area) means the area identified with part of its administrative boundary overlapping the national land border line, which consists of functional zones to ensure state management activities and service and trading activities at the border gate.

5. Specialized state management agencies at a border gate include agencies performing the functions and tasks of carrying out procedures, inspecting, controlling and supervising people, vehicles, goods, articles on exit or entry through the border gate, which include the border guard; customs; and (medical, animal and plant) quarantine offices.

6. Neighboring countries are those sharing the land border lines with the Socialist Republic of Vietnam, including the People’s Republic of China, the Lao People’s Democratic Republic and the Cambodian Kingdom.

7. Border inhabitants of two sides means Vietnamese citizens and citizens of neighboring countries, who possess books of permanent residence in communes, wards or townships (or equivalent administrative areas) with part of their administrative boundaries overlapping the national land border line.

8. Border inhabitants’ goods means those produced in the Socialist Republic of Vietnam or a neighboring country, which are purchased, sold or exchanged by border inhabitants in border areas of two sides to meet their daily-life and production demands.

9. Articles means material products on exit or entry via border gates for non-commercial purposes, including:

a/ Medical products being human corpses, remains and ashes, bio-products, micro-bio samples, and human tissues or parts;

b/ Cultural and artistic products and objects containing cultural or artistic content;

c/ Precious metals, gemstones, and jewelries;

d/ Mineral, animal or plant samples for research, collection or exhibition activities;

dd/ Personal effects of passengers on exit or entry through border gates;

e/ Other material products being articles prescribed by relevant legal documents.

10. Cross-border movement procedures means the administrative procedures carried out by specialized state management agencies at border gates for people, vehicles, goods and articles on exit or entry. These procedures include the border-guard procedures, customs procedures, quarantine procedures and other relevant procedures under treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4. Types of land border gates

Based on the scope of subjects on entry and exit, land border gates are classified into international border gates, main border gates (bilateral border gates), secondary border gates and border crossings (below refereed collectively to as border gates).

1. International border gates are opened for the entry and exit of Vietnamese and foreign people and vehicles; export and import of goods and articles.

2. Main border gates (bilateral border gates) are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries sharing the border gates; import and export of goods and articles.

3. Secondary border gates are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries in border provinces; import and export of goods and articles.

4. Border crossings (crossings for travel to and from border markets of either or two sides; border customs clearance places for goods; temporary crossings) are opened for border inhabitants of two sides and their vehicles and goods to travel and in other cases, aiming to implement the border trade policy prescribed by the Prime Minister; or opened in force majeure cases or at the special request of two sides.

Article 5. Principles of via-border gate exit and entry

1. People, vehicles, goods and articles on exit and entry through a border gate must have adequate valid papers; comply with the principles and procedures for exit, entry, import and export and other provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party; and be subject to the management, inspection, control and supervision by specialized state management agencies at the border gate.

2. People other than inhabitants on two sides, their vehicles and goods travelling through border crossings for implementation of the border trade policy shall comply with the Prime Minister’s regulations.

3. The exit and entry of Vietnamese and foreign people, vehicles, goods and articles must be made only through border gates or crossings defined in Article 4 of this Decree.

Article 6. Responsibilities of specialized state management agencies at border gates

1. The border guards at border gates

a/ To advise the Ministry of National Defense on the implementation of the contents of state management at border gates under the charge of the Ministry of National Defense;

b/ To assume the prime responsibility for, and coordinate with specialized state management bodies at border gates in, carrying out the border-guard procedures and the inspection, control and supervision of the exit and entry of people and vehicles; activities of managing and defending the national border sovereignty; preventing and fighting crimes, maintaining political security, social order and safety; and perform the tasks of military and border-guard external relations;

c/ To coordinate in inspecting and supervising goods and articles on exit and entry via border gates; to maintain security of imports and exports; to prevent and combat smuggling and trade frauds;

d/ To issue, modify, supplement and cancel visas; to issue temporary residence certificates in accordance with law.

2. The border gate customs offices shall assume the prime responsibility for, and coordinate with specialized state management agencies at border gates in, carrying out export and import procedures for goods at border gates; preventing and combating the transport and trading of goods on the list of banned goods, smuggling and trade frauds; and conducting customs inspection and supervision of vehicles on exit, entry or in transit in accordance with law.

3. The (medical, animal and plant) quarantine offices shall assume the prime responsibility for, and coordinate with specialized state management agencies at border gates in, settling matters related to quarantine and epidemic prevention activities at border gates.

Article 7. Acts prohibited in border gate areas

1. Using counterfeit passports and papers or passports and papers contrary to the provisions of Vietnamese law; organizing illegal exit and entry, sending, receiving, guiding and transporting people on illegal exit or entry.

2. Propagating for, inciting or committing acts of undermining security, causing troubles or public disorder, causing hindrances to lawful circulation activities at border gates; declining to abide by or obstructing the inspection and control by specialized state management agencies at border gates; illegally using, trading in and transporting documents and objects containing information on military secrets and state secrets, and harmful books, papers and cultural products.

3. Seeing off or receiving people, transporting, loading and unloading cargo not at designed places, entering restricted areas.

4. Badly affecting public sanitation, causing environmental pollution and other acts adversely affecting the landscapes of border gates.

5. Other activities in contravention of Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Chapter II

PROVISIONS ON EXIT AND ENTRY THROUGH BORDER GATES, BORDER GATE AREAS, MANAGEMENT OF ACTITIVIES IN BORDER GATE AREAS

Article 8. People on exit and entry

1. Vietnamese citizens:

a/ Vietnamese citizens on exit and entry via Vietnamese border gates must possess passports or valid exit and entry papers;

b/ Vietnamese citizens permanently residing in border areas or border provinces, when traveling to opposite border areas or provinces of neighboring countries, must possess border laissez passers or valid exit and entry papers prescribed by treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Foreigners

a/ Foreigners on entry or exit through Vietnamese border gates must possess passports or valid passport substitute papers and visas granted by a competent Vietnamese state agency, except cases of visa exemption;

b/ Citizens of neighboring countries who permanently reside in border areas or provinces, when traveling to opposite Vietnamese border regions or provinces, must possess border passport substitute papers or valid exit and entry papers as prescribed by treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 9. Vehicles on entry and exit

1. Vietnamese and foreign vehicles on exit and entry via border gates must comply with Vietnamese law and treaties on land transport to which the Socialist Republic of Vietnam is a contracting party, and be subject to the inspection, control and supervision by specialized state management agencies at border gates.

2. Vietnamese and foreign vehicles on exit and entry via border gates must have the following papers:

a/ Vehicle registration paper;

b/ Cross-border transport permit, transport permit;

c/ Passenger transport permit (for passenger vehicles);

d/ Papers on cargo procedures (for cargo vehicles);

dd/ Technical safety inspection and environmental protection certificate;

e/ Civil liability insurance paper, for vehicle owners;

g/ Other papers prescribed by Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Vehicle operators and persons onboard vehicles on entry or exit must possess the following papers:

a/ The papers prescribed in Article 8 of this Decree;

b/ Vehicle operation license (for vehicle operators);

c/ Other papers prescribed by law and treaties on land transport to which the Socialist Republic of Vietnam is a contracting party.

Article 10. Imported and exported goods and articles

Goods and articles which are imported, exported, temporarily imported for re-export, temporarily exported for re-import, transshipped or transited via border gates shall be accompanied by adequate valid papers, must comply with the principles and procedures prescribed by Vietnamese laws on import and export and treaties to which the Socialist Republic of Vietnam is a contracting party, and are subject to the inspection, control and supervision by specialized state management agencies at border gates.

Article 11. Border gate areas

1. National gates.

2. Areas for specialized state management agencies to conduct procedure clearance, inspection, control and supervision of exit and entry activities.

a/ The barrier system: For the maintenance of security and order and the regulation of exit and entry activities of people, vehicles and goods through border gates;

b/ The joint control house: To be reserved for professional activities of specialized state management agencies, comprising the waiting area; the exit and entry procedure clearance area; the external relations room; the violation-handling room; the command and administration room of specialized state management agencies; equipment and technical facility area; the meeting and guest reception room;

c/ The medical quarantine and medical treatment isolation area;

d/ The area for procedure clearance, inspection and supervision of vehicles on entry and exit and imports and exports;

dd/ The area of storehouses, wharves and yards for goods to be imported or exported; cargo depots;

e/ The train station area (for railway border gates);

g/ Piers and anchorage areas for vessels pending exit, entry or transit procedure clearance (for inland waterway border gates).

3. Working areas of related state agencies.

a/ The working office of the Border Gate Management Board;

b/ The working offices of the Transport, Banking, Treasury agencies and other related agencies.

4. Service and trading activity area.

a/ Duty-free shops; goods shops, department stores and trade centers;

b/ Postal services;

c/ Tourist services;

d/ Car parks and wharves;

dd/ Non-tariff zone (if any);

e/ Other service and trade areas.

5. Restricted areas and other areas (if any).

6. The Ministry of National Defense shall establish the baưier systems and technical facilities to determine the boundaries between the border gate areas and other areas and maintain and ensure political security, social order and safety at border gate areas.

7. Border gate areas must have “Khu vuc cua khau” (The Border Gate Area) signboards and a system of signboards, instruction signs and notice boards made according to the models prescribed by the Ministry of National Defense.

8. Border-gate inspection, control and supervision procedure clearance areas shall be established for the specialized state management agencies to carry out the inspection, control and supervision procedures according to their prescribed functions and tasks.

9. Within border gate areas, the specialized state management agencies may arrange professional and technical facilities and equipment for carrying out the inspection, control and supervision procedures in accordance with law.

Article 12. Competence to determine the scopes of border gate areas

1. Provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with the Ministries of National Defense; Public Security; Foreign Affairs; Finance; and Industry and Trade in, determining the scopes of international border gates and main border gates (bilateral border gates) and report them to the Government for decision.

2. Provincial-level Border Guard Commands shall assume the prime responsibility for, and coordinate with provincial-level departments and sectors, including the provincial-level Military Command, Public Security 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 district-level People’s Committees of localities where exist secondary border gates and border crossings, in determining the scopes of secondary border gates and border crossings, and propose them to provincial-level People’s Committee chairpersons for decision.

Article 13. Activities in border gate areas

1. Persons eligible to enter and exit a border gate area: a/ Passengers on exit or entry;

b/ Cadres, combatants, employees and civil servants of specialized state management agencies or related state agencies with working offices in the border gate area;

c/ Employees of agencies and organizations and individuals conducting service and commercial activities in the border gate area;

d/ Persons operating or working onboard vehicles carrying imports or exports, or passengers on entry or exit;

dd/ Goods owners, persons dealing in exports and imports who enter and exit the border gate area for carrying out goods import and export procedures;

e/ Persons coming to work with specialized state management agencies or related agencies with working offices in the border gate area;

g/ Persons coming for medical examination and treatment (if there exist in the border gate area a healthcare zone for medical examination and treatment);

h/ In addition to the cases specified at Points a, b, c, d, dd, e and g of this Clause, persons entering or exiting the border gate area for visit, guest reception or seeing off or other purposes shall obtain permits and are subject to the inspection, control, supervision and instruction of border-gate border guard posts.

2. Persons eligible to temporary residence in a border gate area:

a/ Cadres, combatants, employees and civil servants of specialized state management agencies or related agencies with working offices in the border gate area;

b/ Employees of agencies or organizations, and individuals conducting service and commercial activities in the border gate area;

c/ Vietnamese and foreigners staying in the border gate area for the reason of non-completion of entry or exit procedures for people, vehicles and goods or persons staying in the border gate area for other plausible reasons shall register their temporary residence and are subject to the management, inspection and supervision by border-gate border guard stations.

3. Organizations and individuals conducting service and commercial activities in a border gate area shall acquire permits issued by competent agencies and operate within the fields prescribed in the permits.

4. Vehicles allowed to enter, exit, operate and stay in a border gate area:

a/ Vehicles transporting persons on entry or exit, imports and exports; vehicles transporting, loading or unloading cargoes at cargo storehouses and yards in the border gate area;

b/ Vehicles being exported or imported goods;

c/ Vehicles transporting cadres, combatants, employees and civil servants to work at the border gate or private vehicles of these persons;

d/ Vehicles of Vietnamese or foreigners staying in the border gate area for the reason of completion of entry or exit procedures for vehicles or cargoes shall be registered for stay and are subject to the management, inspection and supervision by border-gate border guard stations;

dd/ Vehicles entering, exiting, operating or staying in the border gate area must have adequate valid papers relevant to the purpose of their operation at the border gate.

5. Border guard units shall assume the prime responsibility for, and coordinate with specialized state management agencies in, guiding the procedures, inspecting, controlling and supervising Vietnamese and foreign organizations, individuals and vehicles operating in border gate areas under this Decree, relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 14. Chains of inspection and control by specialized state management agencies at international border gates and main border gates (bilateral border gates)

1. For persons and vehicles on entry and exit; exports and imports:

a/ At border gates of exit: Customs-(medical, animal, plant) quarantine-border guard;

b/ At border gates of entry: Border guard-(medical, animal, plant) quarantine-customs.

2. In case of occurrence of an epidemic, the inspection, control and supervision chain applicable to people and vehicles on entry and exit, imports and exports shall be arranged as follows:

a/ At border gates of exit: (Medical, animal, plant) quarantine-customs-border guard;

b/ At border gates of entry: (Medical, animal, plant) quarantine-border guard-customs.

Article 15. Inspection, control and supervision at secondary border gates and border crossings

1. At secondary border gates or border crossings where adequate specialized state management agencies are located and technical infrastructure facilities for state management are available (areas for carrying out entry, exit, import and export inspection, control and supervision procedures; storehouses and yards for concentration of to-be-exported and -imported goods, roads for cargo transport; car parks and wharves), the inspection, control and supervision of entry and exit activities through the national border are the same as those for international border gates or main border gates.

2. At secondary border gates or border crossings where there are inadequate specialized state management agencies and technical infrastructure facilities, the procedures for inspecting, controlling and supervising the cross-border movement of border inhabitants of two sides shall be carried out at border guard control stations.

3. The Ministries of National Defense; Industry and Trade; and Finance and People’s Committees of border provinces shall coordinate with one another in directing and managing exit and entry activities through border crossings opened for the effective implementation of the border trade policy in accordance with Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 16. Working hours at border gates

1. The working hours at border gates must comply with provisions of the treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The governments of two sides shall reach agreement to decide on the change of working hours at international border gates and main border gates (bilateral border gates) through diplomatic channels.

3. Chairpersons of the People’s Committees of border provinces shall reach agreement with the administrations of the opposite provinces to prescribe or change working hours at secondary border gates and border crossings after consulting the Ministry of National Defense and the Ministry of Finance.

4. Provincial-level Border Guard commanders shall reach agreement with functional agencies of neighboring countries to decide on the time for opening border gates beyond the daily working hours in cases of urgency related to defense, security, natural disasters, fires, rescue of victims, pursuit of criminals or for other force majeure reasons, and at the same time promptly report it to the provincial-level People’s Committee and Border Guard Command and take responsibility before law for their decisions.

Article 17. Competence to restrict or suspend cross-border movement at border gates

For national defense, security, natural disaster, epidemic combat or other special reasons or at the request of neighboring countries, the competence to decide on restriction or suspension of cross-border movement at border gates is prescribed as follows:

1. The Prime Minister shall decide to restrict or suspend the cross-border movement at international border gates at the proposal of the Minister of National Defense or the Minister of Public Security.

2. Provincial-level People’s Committee chairpersons shall decide on the restriction or suspension of cross-border movement at main border gates (bilateral border gates) at the proposal of provincial-level Border Guard commanders for not more than 24 hours and shall promptly report it to the Prime Minister.

3. Provincial-level Border Guard commanders shall decide to restrict or suspend the cross-border movement at main border gates (bilateral border gates) for not more than 6 hours; at secondary border gates or border crossings for not more than 12 hours, and shall immediately report it to the Border Guard Command and provincial-level People’s Committees.

4. Heads of border guard posts shall decide to restrict or suspend the cross-border movement at secondary border gates or border crossings for not more than 6 hours and shall immediately report it to the provincial-level Border Guard Commands and district-level People’s Committees.

5. The Ministry of Public Security, the Ministry of Health and the Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and provincial-level People’s Committees of localities where exist border gates in, implementing the provisions of Clauses 1, 2, 3 and 4 of this Article for cases of restriction or suspension of the cross-border movement at border gates or border crossings for reasons of national security or epidemic prevention and combat.

6. Before the expiration of the restriction or suspension of cross-border movement, if the continued restriction or suspension is considered necessary, it shall be effected as follows:

a/ Provincial-level People’s Committee chairpersons shall decide to extend the restriction or suspension of cross-border movement at main border gates (bilateral border gates) for not more than 24 hours;

b/ Provincial-level Border Guard commanders shall decide to extend the restriction or suspension of cross-border movement for not more than 6 hours at main border gates (bilateral border gates) or not more than 12 hours at secondary border gates or border crossings;

c/ Heads of border guard posts shall decide to extend the restriction or suspension of cross-border movement for not more than 6 hours at secondary border gates or border crossings.

7. The competent persons defined in Clauses 1, 2, 3, 4, 5 and 6 of this Article are held responsible before law for their decisions. Before issuing decisions on the restriction or suspension or extension of the restriction or suspension of cross-border movement at border gates or when the situation returns to normal, they shall notify such to the local administrations, functional agencies of neighboring countries, related agencies and people for compliance.

In case of restriction or suspension of cross-border movement at border gates or border crossings without bilateral unanimity, the competent persons defined in Clauses 1, 2, 3, 4, 5 and 6 of this Article shall notify the provincial-level Departments of Foreign Affairs (with regard to the restriction or suspension of cross-border movement at secondary border gates and border crossings) or the Ministry of Foreign Affairs (with regard to the restriction or suspension of cross-border movement at international border gates or main border gates (bilateral border gates) for coordination in handling foreign affairs.

8. The restriction or suspension of cross-border movement at border gates must conform to provisions of treaties to which the Socialist Republic of Vietnam is a contracting party.

Chapter III

BORDER GATE PLANNING AND CONSTRUCTION

Article 18. Border gate planning

1. The planning, construction and development of border gate systems shall be based on the situation of each border line and each locality, conformable to the requirements of socioeconomic development and maintenance of national defense, security and territorial sovereignty.

2. The Government shall perform the unified management of the planning of the development of the border gate system nationwide; approve provincial border gate systems and approve the master plans on the scopes of international border gates and main border gate areas.

3. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministries of National Defense; Public Security; Finance; Industry and Trade; Transport; and Planning and Investment, and the People’s Committees of border provinces in, formulating and appraising master plans on development of the border gate system nationwide, and submit them to the Government for approval.

4. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the Ministries of National Defense; Public Security; Foreign Affairs, Finance; Industry and Trade; Transport; and Planning and Investment, and the People’s Committees of border provinces with international border gates or main border gates in, formulating and appraising master plans on construction of international border gate and main border gate areas, and submit them to the Government for approval.

5. The People’s Committees of border provinces shall:

a/ Assume the prime responsibility for, and coordinate with the Ministries of National Defense; Public Security; Foreign Affairs; Finance; Industry and Trade; Transport; and Planning and Investment in, formulating and appraising master plans on development of the border gate systems in their provinces (based on the master plan on development of the border gate system nationwide), and submit them to the Government for approval;

b/ Survey and identify the scopes of border gate or border crossing areas in theữ provinces; approve master plans on secondary border gates and border crossings; and submit the scopes of international border gates or main border gates to the Government for approval;

c/ Elaborate, appraise and approve master plans on construction of secondary border gate or border crossing areas.

6. The construction of border gates must comply with the construction law and current legal documents.

Article 19. Principles of and competence for opening and upgrading of border gates

1. Principles of the opening and upgrading of border gates:

a/ With the agreement of the provincial-level administrations of localities of two sides where exist border gates; the approval of the Governments of the Socialist Republic of Vietnam and the neighboring country or under decisions of competent Vietnamese agencies on opening as prescribed by this Decree;

b/ Being included in the master plan on development of the border gate system nationwide; meeting the requirements of local and national long-term socio-economic development;

c/ Guaranteeing the national border territorial sovereignty, defense and security, and external relations;

d/ Being suitable to the flows of people, vehicles and goods on entry and exit.

2. Competence to open and upgrade border gates

a/ The Government shall decide on the opening and upgrading of international border gates and main border gates according to Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ The People’s Committees of border provinces shall decide on the opening of secondary border gates and border crossings after consulting related ministries and sectors and obtaining the approval of the Government.

Article 20. Order of opening and upgrading border gates

1. The opening and upgrading of an international border gate or a main border gate (bilateral border gate) shall be carried out according to the following order and procedures:

a/ At the proposal of the provincial-level Border Guard Command, the chairperson of the People’s Committee of a border province shall decide to form a working team composed of representatives of related provincial-level departments and sectors, including the Border-Guard Command, the Military Command, and the Departments of Public Security; Foreign Affairs; Industry and Trade; Health; Customs; Agriculture and Rural Development; Planning and Investment; Construction; Finance; and Transport; and the People’s Committee of the district where the to be-opened or -upgraded border gate is located, with the provincial-level Border- Guard Command assuming the prime responsibility for field survey to identify sites for the to-be-opened or -upgraded border gate, physical foundations, equipment and facilities, human resources for inspection and control, and the flows of people, vehicles and goods on entry and exit. Within 10 working days after completing the survey, the provincial-level Border-Guard Command shall summarize the survey result and propose the provincial-level People’s Committee to open or upgrade the international border gate or main border gate (bilateral border gate);

b/ Within no more than 15 working days after receiving the provincial-level Border Guard Command’s proposal on the opening or upgrading of the international border gate or main border gate (bilateral border gate), the People’s Committee of the border province shall send an official letter to the administration of the border province of the neighboring country, proposing negotiations on the selection of the sites for border gate opening or upgrading and the implementation plan (tentative time for opening or upgrading of the border gate);

c/ Within no more than 20 working days after the conclusion of negotiations with the provincial-level administration of the neighboring country, the People’s Committee of the border province shall send to the Government (through the Ministry of Foreign Affairs) a dossier on opening or upgrading of the border gate (one set comprising the master plan diagram, map of the area for opening or upgrading of the international border gate or main border gate (the original); a report assessing the socio-economic, defense and security impacts (the original); a report on the flows of people, vehicles and goods on entry and exit (the original); and copies of the agreement and negotiation minutes);

d/ Within 30 working days after receiving the border gate opening or upgrading dossier report of the People’s Committee of the border province, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministries of National Defense; Public Security; Industry and Trade; Finance; Planning and Investment; Construction; Transport; Agriculture and Rural Development; and Health in, surveying the site of the to-be-opened or -upgraded international border gate or main border gate;

dd/ Within 20 working days after the completion of surveys, the Ministry of Foreign Affairs shall summarize the survey results and comments of other ministries, and report them to the Government for decision on the opening or upgrading of the international border gate or main border gate;

e/ Within 10 working days after the Government issues a decision on opening or upgrading of the border gate, the Ministry of Foreign Affairs shall send a note to the neighboring country, notifying the Socialist Republic of Vietnam Government’s consent to the opening or upgrading of the international border gate or main border gate;

g/ Within 10 working days after receiving the neighboring country’s note via diplomatic channels agreeing to the border gate opening or upgrading, the Ministry of Foreign Affairs shall notify it to the People’s Committee of the border province for discussion with the provincial- level administration of the neighboring country and coordination in holding a ceremony to officially start the opening or upgrading of the international border gate or main border gate;

Within 5 working days after receiving an official letter from the provincial-level administration of the neighboring country agreeing to the time for holding a ceremony to officially start the opening or upgrading of the international border gate or main border gate, the People’s Committee of the border province shall notify it to the ministries specified at Point d of this Clause for coordinated implementation.

2. The opening and upgrading of a secondary border gate or border crossing shall be carried out according to the following order and procedures:

a/ At the proposal of the provincial-level Border Guard Command, the chairperson of the People’s Committee of the border province shall decide to form a working team composed of representatives of the related provincial-level departments and sectors, including the Border Guard Command, the Military Command, the Departments of Public Security; Foreign Affairs; Industry and Trade; Health; Customs; Agriculture and Rural Development; Planning and Investment; Finance; and Transport; and the district-level People’s Committee of the locality where the to-be-opened or -upgraded secondary border gate or border crossing, with the provincial-level Border Guard Command assuming the prime responsibility for conducting surveys to identify the site for the to-be-opened or -upgraded secondary border gate or border crossing, physical foundations, equipment and facilities and human resources for inspection and control, and the flows of people, vehicles and goods on entry and exit. Within 7 working days after completing the survey, the provincial-level Border Guard Command shall summarize the survey result and propose the provincial-level People’s Committee on the opening or upgrading of the secondary border gate or border crossing;

b/ Within 15 working days after receiving the provincial-level Border Guard Command’s proposal on the opening of a secondary border gate, the opening or upgrading of a border crossing to a secondary border gate, the People’s Committee of the border province shall send an official letter to the provincial-level administration of the neighboring country, proposing negotiations to reach agreement on the site, and tentative time for opening or upgrading of the secondary border gate or border crossing;

c/ Within 20 working days after the conclusion of negotiations with the provincial- level administration of the neighboring country, based on the negotiation results, the People’s Committee of the border province shall send an official letter asking for comments of the Ministries of National Defense; Foreign Affairs; Public Security; Industry and Trade; Finance; Agriculture and Rural Development; Planning and Investment; Transport; and Health (enclosed with a dossier set comprising the master plan diagram and map of the site of the to-be-opened or -upgraded secondary border gate or border crossing (the original); a report on socio-economic, defense and security impacts (the original); a report on the flows of people, vehicles and goods on entry and exit (the original); and copies of the agreement and negotiation minutes). Within 10 working days after receiving the official letter of the People’s Committee of the border province, the ministries shall reply in writing;

d/ Based on the comments of the ministries specified at Point c of this Clause, the People’s Committee of the border province shall send a summarization report to the Government (enclosed with a dossier set comprising a report to the Government (the original); the master plan diagram and map of the area for opening or upgrading of the secondary border gate or border crossing (the original); a report on socio-economic, defense and security impacts (the original); a report on the flows of people, vehicles and goods on entry and exit (the original); a summarization report on comments of the ministries and sectors (the original); and copies of the agreement and negotiation minutes;

Within 10 working days after receiving the written approval of the Government, the People’s Committee of the border province shall issue a decision to open or upgrade the secondary border gate or border crossing and notify it to the ministries specified at Point c of this Clause;

dd/ Within 7 working days after issuing the decision on the opening or upgrading of the secondary border gate or border crossing, the People’s Committee of the border province shall send an official letter to the provincial-level administration of the neighboring country for agreement on the time for official operation of the secondary border gate or border crossing (based on the practical situation, it can propose the holding of a ceremony for official opening of the secondary border gate or border crossing);

Within 5 working days after receiving a written reply of the provincial-level administration of the neighboring country agreeing to the time for official operation of the secondary border gate or border crossing, the People’s Committee of the border province shall notify it to the ministries specified at Point c of this Clause for coordinated implementation.

Chapter IV

BORDER-GATE STATE MANAGEMENT AND RESPONSIBILITIES OF MINISTRIES, SECTORS AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES

Article 21. Contents of the state management of border gates

1. To promulgate, and organize the implementation of, legal documents on border gates.

2. To propagate, disseminate and educate in the law on border gates.

3. To formulate master plans on development of border gate systems; opening and upgrading of border gates.

4. To develop policies for management of exit and entry activities through border gates.

5. To organize, train and retrain the specialized state management forces at border gates to raise their professional qualifications; to invest in equipment and facilities, construction of infrastructure facilities in border gate areas, to conduct scientific and technological research and application to managerial work and facilitate exit and entry activities through border gates.

6. To negotiate, conclude and organize the implementation of, treaties on border gates; to implement international cooperation on construction and management of border gates.

7. To inspect, examine and settle complaints and denunciations and handle violations of the law on border gates.

Article 22. Responsibilities of the Ministry of National Defense

1. To assume the prime responsibility for, and coordinate with related ministries and sectors and People’s Committees of border provinces in, taking responsibility to the Government for the state management of border gates.

2. To direct the Border Guard to perform the function of state management of national defense; to ensure the national territorial sovereignty, to maintain political security, social order and safety in border gate areas; to assume the prime responsibility for carrying out the procedures, inspection, control and supervision of exit and entry of people and vehicles; to coordinate in inspecting and supervising imports and exports; to issue permits as prescribed; to assume the prime responsibility for, and coordinate with related ministries and sectors in the opening and upgrading of border gates and border crossings; to guide the procedures applicable to people and vehicles outside the border gate areas on entry or exit via border crossings.

3. To coordinate with the Ministry of Foreign Affairs, other related ministries and People’s Committees of border provinces in building, planning and developing the border gate system, ensuring defense and security requirements.

4. To annually coordinate with the Ministry of Finance and the Ministry of Planning and Investment in preparing budget estimates for implementation of this Decree.

Article 23. Responsibilities of the Ministry of Finance

1. To coordinate with the Ministry of National Defense in ensuring budgets for the implementation of this Decree in accordance with the Law on the State Budget and its guiding documents.

2. To direct the General Department of Customs to perform the state management of border-gate customs according to Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 24. Responsibilities of the Ministry of Health

1. To organize, guide and supply equipment for, the medical quarantine agencies to perform the function of medical quarantine at land border gates and crossings according to Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. To coordinate with the Ministry of National Defense in restricting or suspending the cross-border movement at land border gates and crossings in case of human epidemics as prescribed by this Decree.

Article 25. Responsibilities of the Ministry of Agriculture and Rural Development

1. To direct the animal and plant quarantine agencies to perform the function of animal and plant quarantine at land border gates and crossings according to Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. To coordinate with the Ministry of National Defense in restricting or suspending cross- border movement at land border gates and crossings in case of epidemic occurrence as prescribed by this Decree.

Article 26. Responsibilities of related ministries and sectors

1. The Ministry of Foreign Affairs:

a/ To assume the prime responsibility for, and coordinate with the Ministries of National

Defense; and Planning and Investment, and People’s Committees of border provinces in, formulating the master plans on development of the systems of land border gates nationwide, and submit them to the Government for approval;

b/ To discharge the responsibilities related to the opening and upgrading of border gates under Article 20 of this Decree; to guide the processes and procedures for opening and upgrading border gates and crossings; if a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides, that treaty prevails.

2. The Ministry of Public Security:

a/ To coordinate with the Ministry of National Defense in guiding the control of exit and entry activities through border gates;

b/ To direct public security units and local forces to coordinate with the border guard forces and related agencies in performing the tasks of protecting the national security, maintaining social order and safety, and preventing and fighting crimes in border gate areas.

3. The Ministry of Industry and Trade:

a/ To perform the state management of export and import and border trade activities through border gates;

b/ To formulate annual and periodical border trade policies and submit them to the Prime Minister for approval;

c/ To coordinate with related ministries and sectors and People’s Committees of border provinces in combating smuggling and trade frauds across border gates.

4. The Ministry of Construction:

a/ To assume the prime responsibility for, and coordinate with the Ministries of National Defense; Finance; Foreign Affairs; Planning and Investment; Health; and Agriculture and Rural Development, and the People’s Committees of border provinces in, formulating master plans on construction of international border gate and main border gate areas;

b/ To study and formulate designing standards, asking for comments of the Ministries of National Defense; Finance, Health, Agriculture and Rural Development; Planning and Investment; and Culture, Sports and Tourism for the construction of national gates and joint control houses, and submit them to the Prime Minister for approval for implementation nationwide;

c/ To perform the state management of construction of technical infrastructure facilities and works in land border gate areas according to its prescribed functions, tasks and powers.

5. The Ministry of Planning and Investment:

a/ To assume the prime responsibility for, and coordinate with the Ministries of National Defense; Public Security; Foreign Affairs and related ministries and sectors and the People’s Committees of border provinces in, advising the Government on the formulation of strategies for socio-economic development of land border gate areas nationwide;

b/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, balancing annual development investment budgets and mobilizing other resources for investment in the construction of facilities in land border gate areas.

6. The Ministry of Transport:

a/ To formulate master plans on development of transport infrastructure facilities within the system of land border gates nationwide and submit them to the Government for approval; to assume the prime responsibility for, and coordinate with related ministries and People’s Committees of border provinces in, connecting roads from Vietnamese border gates to border gates of neighboring countries;

b/ To implement the regulations on via-border gate exit and entry of transport vehicles under the provisions of treaties to which the Socialist Republic of Vietnam is a contracting party.

7. The Vietnam Committee for Cooperation on Border Gate Management:

To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, implementing the Vietnam-China Agreement on Border Gates and Regulation on Management of Land Border Gates according to its functions, tasks and powers defined in the Charter of the Vietnam-China Committee for Management of Land Border Gates and relevant legal documents.

Article 27. Responsibilities of the People’s Committees of provinces with border gates

1. To direct the construction of national gates, joint control houses, infrastructure facilities and transport systems in border gate areas.

2. To arrange budget sources for placing signboards and instruction signs at border gates.

3. To annually deduct local budgets for implementation of the Decree; to coordinate with the Ministry of National Defense and related ministries and sectors in organizing the propagation, study and implementation of the Decree.

4. To direct the Border Gate Management Boards to administer and coordinate with specialized state management agencies and related state management agencies in handling matters in the administrative procedures and environmental sanitation and the management of common infrastructures, property and equipment, aiming to ensure the state management at border gates.

Chapter V

IMPLEMENTATION PROVISIONS

Article 28. Effect

This Decree takes effect on January 15, 2015, and replaces the Government’s Decree No. 32/2005/ND-CP of March 14, 2005, on the Regulation on Land Border Gates.

Article 29. Guidance and implementation responsibility

1. The Ministers of National Defense; Public Security; Finance; Industry and Trade; Foreign Affairs; Health; Agriculture and Rural Development; Transport; and Construction, shall, according to their respective competence, detail and guide articles and clauses as assigned in this Decree.

2. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding and inspecting the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

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          Decree No. 112/2014/ND-CP providing the management of land border gates
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