Circular 9/2016/tt-Bqp: Detailing And Guiding The Implementation Of A Number Of Articles Of Decree No. 112/2014/nd-Cp On November 21, 2014 By Government Regulation On Land-Border Management L. ..

Original Language Title: Thông tư 09/2016/TT-BQP: Quy định chi tiết và hướng dẫn thi hành một số điều của Nghị định số 112/2014/NĐ-CP ngày 21 tháng 11 năm 2014 của Chính phủ quy định về quản lý cửa khẩu biên giới đất l...

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952789/thng-t-09-2016-tt-bqp%253a-quy-nh-chi-tit-v-hng-dn-thi-hnh-mt-s-iu-ca-ngh-nh-s-112-2014-n-cp-ngy-21-thng-11-nm-2014-ca-chnh-ph-quy-nh-v-qun-l-ca-khu-bin.html

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CIRCULAR detailing and guiding the implementation of a number of articles of Decree No. 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of land-border _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on the State border of 17 June 2003;
Pursuant to the law of entry, exit, transit, residence of foreigners in Vietnam on June 16, 2014;
Customs Act base on June 23, 2014;
Pursuant to Decree No. 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of land border crossings;
Pursuant to Decree 146/2007/ND-CP of August 17, 2007 by the Government on the exit and entry of citizens of Vietnam and Decree No. 94/2015/ND-CP dated 16 October, 2015 the Government's amendments and supplements to some articles of Decree No. 137/2007/ND-CP of August 17, 2007 by the Government on immigration the entry of citizens of Vietnam;
Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Proposal of the Commander of the border guard;
The Minister of Defence issued a circular detailing and guiding the implementation of a number of articles of Decree No. 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of border land.
Chapter I GENERAL PROVISIONS article 1. Scope this circular detailing and guiding the implementation of the following: 1. Determine the nature of the land border.
2. Samples of the types of billboards, signs, tables listed at the land border.
3. The system of Three-ri-e control at land border crossings.
4. Layout control lines at land border crossings in the event of epidemics and threading controls the exit and entry.
5. Papers of the exit and entry through the gate, the entrance to open the border to the Mainland.
6. Inspection, control, monitoring of border guard at the gate, the entrance to open the border to the Mainland.
7. The principle, sequence determine the scope of the area of land-border crossings.
8. The order and procedures for making changes to working time at land border crossings or open land border beyond working time during the day.
9. Make restricted or halted and text patterns related to restrict or halt operations across the border again at the gate, the entrance to open the border to the Mainland.
Article 2. Application object 1. Organization, Vietnam and foreign individual exit and entry, out, in, stay, activities in the area of the gate, the entrance to open the border to the Mainland.
2. Agencies, units, organizations, individuals are responsible for the governance and implementation of the mission at the gate, the entrance to open the border to the Mainland.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. procedures at the border gate, the entrance to open the land border is business processes due to the border gate officers made to look, settle for the means of exit, entry and other regulations regarding paperwork that people means of exit, entry and exit; export and import goods must submit, present when, enter through the gate, the entrance to open the border to the Mainland.
2. The population of the province is Vietnam border Vietnam have permanent residence in the province or equivalent administrative divisions of Vietnam are part of administrative boundary coincides with national border on the Mainland.
3. The population of the District of Vietnam's border (border region residents) is Vietnam's citizens have permanent residence in the district or equivalent administrative unit of Vietnam are part of administrative boundary coincides with national border on the Mainland.
Article 4. Determine the nature of a land border as defined in article 4 of Decree 112/2014/ND-CP 1. The only land border is defined as the official international border gate, main gate (bilateral gate), extra gate after the two Governments shared the gate decided to agree to open the gate and upgrades, the Government granted the two sides coordinated border ceremony announcing the opening of open Gate upgrade, the following sequence of procedures prescribed in article 20 of Decree 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of land-border (here written as Decree No. 112/2014/ND-CP).
2. In addition to the type of gate, main gate International (bilateral gate), extra gate have been identified officially prescribed in Paragraph 1 of this article, for the locations on the border currently exist of import export activities of people, vehicles and goods but not yet formally opened the following sequence of procedures that open the way to open the border defined in item 2 article 20 Decree No. 112/2014/ND-CP To ensure that the management, identifying the temporary border opening the base conditions: a) The traditional location (open access) for the Vietnam border residents and inhabitants of the border neighboring countries (here written as two sides border residents) back the provincial government, and the Government of Vietnam granted the neighbors admit (unity in writing or implied acknowledgment), without any kind of block or oppose the normal border crossing of border residents on either side;
b) The location is formed from the international treaties on the border gate, which the Socialist Republic of Vietnam has signed with neighboring countries, at present not yet Vietnam's Government and the Government of neighboring countries open official unity but exists the export activities normal entry, and neither party has any form of block or oppose the border crossing of border residents on either side;
c) the due authority to open, make sure the infrastructure requirements and management prescribed force, are making the border trade policy to be effective, the Government granted the province of Vietnam and Government default neighbors admit;
d) cases because the requirements of Defense, security, Foreign Affairs, administration and border protection or the request, other legitimate interests, border guard command reported the Defense Department recommended the Prime direction stop the import export activities at locations defined in point b c clause.
3. commodity import export activity (not the goods of residents on either side of the border) over the location specified at points a, b, c, paragraph 2 this is done according to the provisions of paragraph 4 Article 4 of Decree 112/2014/ND-CP article 5. Sample of the types of billboards, signs, tables listed at the land border crossings specified in Clause 7 article 11 of Decree 112/2014/ND-CP 1. Billboards "gate area" plug to the right on the axis roads towards inland from the border out, at the boundary between the Interior of the gate area, easy to get to know; material, size of billboards, letters written on billboards as model No. 1 in Appendix 1 attached to this circular.
2. The system of billboards, signs, tables listed at the land border according to the model in Appendix 1 and Appendix 2 attached to this circular;
The actual base of each gate size billboards, signs, tables listed at the land border may be greater or smaller than but not more than 1/3 compared to the size of the sample in Appendix 1 and Appendix 2 attached to this circular.
Article 6. The system Three-ri-e control at land border crossings specified in Clause 6 article 11 of Decree 112/2014/ND-CP 1. Three-ri-e control the number of 1 is set to the combined control of the home front gate facing the national borders;
Border guard force deployed mission close, open three-ri-e, regulate, guide people, vehicles and goods into procedures at the test and combined control, monitoring before exiting the territory of Vietnam; the operating organization, monitoring the activities of border traffic. To maintain security, detect, prevent, and treat the subjects of unauthorized immigration; smuggling and trade fraud.
2. Three-ri-e control the number 2 was set up behind the House to the combined control, the direction comes into the hinterland, on the border between the gate area with other areas within the territory;
Border guard force deployed mission close, open three-ri-e, regulate, guide people, vehicles and goods into procedures at the combined control; check, monitoring people, vehicles and goods, in the area of the gate; the operating organization, monitoring the activities of border traffic. To maintain security, detect, prevent, and treat the subjects of unauthorized entry, smuggling and trade fraud.
Article 7. Control lines at land border crossings in the event of a disease prescribed in clause 2 article 14 of Decree 112/2014/ND-CP 1. When have the disease, the Health Department has a gate, the entrance to open the land border with The Commander of the border guard, the Customs Bureau and the Management Board of the gate;
The translated message bases of the Department of health, The provincial border guard command, in coordination with the Department of health, the Customs Bureau and the Management Board of the gate adjusts the control line at the gate.
2. When most epidemics, the Health Department informed The Commander of the border guard, the Customs Bureau and the Management Board of the gate;
The base announcement of the Department of health, The provincial border guard command, in coordination with the Department of health, the Customs Bureau and the Management Board of the gate adjusts the control lines at the gate as specified in clause 1 article 14 of Decree 112/2014/ND-CP article 8. Papers of the exit and entry through the gate, the entrance to open the land border with the provisions of article 8 of Decree 112/2014/ND-CP 1. The population of Vietnam a) Vietnam citizens exit and entry through the international border gate, main gate (bilateral) must have one of the following papers:-diplomatic passports; The Passport service; The common passport (passport);

-Sailing Passport members; Pass the border; Passport to enter exit; Passport immigration border region; Passport repatriation; Passport; Certified paper, citizen identification Card (for the Vietnam border residents on the Vietnam-Laos border, Vietnam-Cambodia);
-Other papers suitable for exit and entry under the provisions of the law of Vietnam or the international treaties to which the Socialist Republic of Vietnam is a member.
b) Vietnam citizens exit and entry through the side gate must have one of the following papers:-pass the border; Passport to enter exit; Passport immigration border region; Passport repatriation; Passport; Certified paper; Citizen identification card (for the Vietnam border residents on the Vietnam-Laos border, Vietnam-Cambodia);
-Other papers suitable for exit and entry under the provisions of the law of Vietnam or the international treaties to which the Socialist Republic of Vietnam is a member.
c) Vietnam border residents to exit and entry way opens the border using the appropriate documents in accordance with the law of Vietnam or the international treaties to which the Socialist Republic of Vietnam is a member.
2. The alien a) the third country of entry, exit through the gate to have international passport or valuable papers on international travel and visas by the competent State agencies of Vietnam granted (except visa-free under the international treaties to which the Socialist Republic of Vietnam is a member, or by the unilateral Vietnam Visa exemption for nationals of that country or under other provisions of the law on Vietnam visa exemption).
b) foreigners are citizens of neighboring countries of entry, exit via the international border gate, main gate (bilateral gate) must have one of the following: papers-papers specified in point a, clause;
-Pass the border; Certificates (for residents of the border of Laos, Cambodia); Certificate border (for residents of the border with Laos);
-Exit papers, other entry as prescribed by the law or international treaties to which Vietnam Vietnam has signed with countries sharing a border.
c) citizens the border, border districts, residents of the neighbouring border entry, exit through the side gate must have one of the following papers:-pass the border; Passport immigration border region (for the Vietnam-China border line); Certificates (for residents of the border of Laos, Cambodia); Certificate border (for residents of the border with Laos);
-Exit papers, other entry as prescribed by the law or international treaties to which Vietnam Vietnam has signed with countries sharing a border.
d) citizens of neighboring countries, enter through the entrance to open the border using the appropriate documents as prescribed by law or international treaties to which Vietnam Vietnam has signed with countries sharing a border.
3. The Commander of the border guard uniform with the relevant authorities of the Ministry of public security on the way back through the papers to open the border to a policy of border trade under the provisions of paragraph 4 Article 4 of Decree 112/2014/ND-CP. Chapter II INSPECTION, control, monitoring of BORDER GUARD at the GATE OPEN ACCESS LAND FRONTIERS, article 9. Responsible for coordinating, check, control, monitoring, border guards at the gate, the entrance to open the land border as defined in article 6 paragraph 1 and Paragraph 5 article 13 of Decree 112/2014/ND-CP 1. Location check, control, border surveillance: the provisions in clause 1, 2, 3, 4, 5 article 11 of Decree 112/2014/ND-CP of landmarks and areas of the world, the (things) mark the boundaries, areas related to national security, Defense operations in the area of the gate.
2. Test subjects, border monitoring, control a) the means of exit, entry and output, active, stay in the gate area as defined in article 13 of Decree 112/2014/ND-CP;
b) manufactured, imported, stored in the warehouse gate areas and border areas.
3. The task of checking, control, border monitoring a) implemented procedures for the means of exit, entry and exit; test coordination, monitoring the export and import of goods;
b) maintaining, operating, guide people, vehicles, cargo, luggage and other activities in the area of the gate according to the provisions of Decree No. 112/2014/ND-CP and related legislation;
c) ensuring the security, order the gate area, prevent, detect, treat the people, vehicles and goods, entering through the border and other law violations;
d) detect, prevent, handle the violations of the sovereignty and security of national borders, violated national landmark, changing road signs border and damaging buildings, the system of signs, signs in the area of the gate;
DD) coordination to detect, prevent, handle the activities of smuggling, commercial fraud in the area of the repository, the stations assembled goods awaiting export or import; transshipment warehouses;
e) processed in breach of the entry, exit, export, import and other violations by legal provisions.
Article 10. The responsibility of presiding to check, control, supervision, instruction, practical procedures for the entry, exit, out, on, work, stay in the gate area, open land borders 1. In the area of implementation procedures, the entry in the international gate, main gate (bilateral gate), border guard arranged the podium (position) control separately for each type of passport, immigration papers. Based on the flow of immigration, can be deployed from one to many podium (position) control (podium win for V.I. P or diplomatic passport, the Passport service; the common passport for winning podium, podium for tourists; the podium to pass; the podium performed the procedure for the media) , ensure convenient for border traffic operation.
2. check, control, perform the procedure for the entry, exit a) guide the exit and entry into the location of the exit procedure, implementation of entry;
b) receiving a passport or papers worth exit and entry;
c) to check the validity of your passport or papers worth exit and entry;
d) verify the consistency between the Passport, valuable papers, with the entry, exit and entry;
DD) registration information of the exit and entry;
e) against the data management profession; store the information of the exit and entry;
g) verify, authorize the exit and entry:-Verify that the exit and entry into the Passport, valuable papers, exit and entry;
-Visa for foreigners entry at the international gate according to the provisions of article 18 of law of entry, exit, transit, residence of foreigners in Vietnam;
-Certification staying entry for foreigners according to the provisions of article 31 of the law on the entry, exit, transit, residence of foreigners in Vietnam.
h) Guide and monitor who has done the procedure for exit and entry.
3. Instructions, check, monitoring people out on, activities, staying in a gate area) Guide, test, monitor out, activities in the area of the gate properly the object prescribed in clause 1 article 13 of Decree 112/2014/ND-CP;
b) Guide and monitor the exit and entry into practice procedures exit and entry;
c) register, instructions for people staying in the gate area as defined in paragraph 2 article 13 of Decree 112/2014/ND-CP;
d) check, control, monitoring, organization, individual commercial services activities in the area of the gate according to the provisions in paragraph 3 article 13 of Decree 112/2014/ND-CP. Article 11. The responsibility of presiding to check, control, monitoring, Media Guide entry, exit, and out, active, stay in the gate area, open access land-border specified in point b of paragraph 1 article 6 and Paragraph 5 article 13 of Decree 112/2014/ND-CP 1. Check, control, monitoring means of exit, entry and exit a) check, preliminary control of the media, ensuring the security, safety, qualified to perform the procedure for exit and entry;
Cases detected signs of violation, conducted a separate test, strict according to the regulations.
b) check the papers of people who control the media, means of exit, entry as defined in clause 2, 3 article 9 of Decree 112/2014/ND-CP:-check the validity of the papers who controls the media, means of exit, entry and exit;
-Verify the line between papers with who controls the media and the media.
e) registration information the media control, media; against the data management profession; store information as specified;
d) implemented procedures for controlling the media, means of exit, entry as specified.
2. The guide, check, control, monitoring the media, work, stay in the gate area, open land border exit a) check, control of the media, to the correct gate area the object prescribed in paragraph 4 to article 13 of Decree 112/2014/ND-CP;
b) Guide, regulate, monitor the media, work, stay in the gate area, ensure the safety, security, ventilation and circulation operations at the gate;
c) registration of stay means in the area of the gate according to the provisions of article 13 paragraph 4 d of Decree 112/2014/ND-CP. 3. Where necessary, The provincial border guard command coordinated with the police, the Customs unification location, management measures, reported the people's Committee decided to allow the media across the country are shipping goods to the warehouse location is outside the area of the gate and be subjected to the test monitoring of the State Management Agency specialized in the gate according to the legal provisions.
Article 12. Responsible for coordinating the monitoring, inspection of goods, enter through the gate, the entrance to open the land border specified in point c of paragraph 1 article 6 of Decree 112/2014/ND-CP

1. Border guard force in coordination with gate function check, monitoring of import and export goods in order to ensure national security, social order and safety; detection and handling of smuggling, commercial fraud; Guide and supervise the activity of shipping, unloading, transfer of goods, ensuring safety, social order in the area of the gate.
2. Inspection, monitoring of goods export, import of the border guard gate a) check for goods exports, imports: to ensure goods completed import procedures, export before shipping out of the gate area, border guard gate check papers related to shippers business, and goods imported, exported under the provisions of the law.
b) reality check of goods, ensure national security:-check, compare the fit between actual commodity profile; focus detecting the signs related to the national security, order, social security, smuggling and trade fraud, detection processing violates the law in the area of export and import;
-The cargo in the case prescribed in clause 1 Article 33 Customs law are exempt from the reality check of the goods (except in the case of detecting signs of law violations).
c) coordinating instructions, supervises the process of shipping, stevedoring to ensure security in the area of the gate;
d) after checking the goods export, import guarantees about security, has completed the prescribed procedure, perform the procedure of exit and entry for the person, the transport of goods;
DD) information storage of goods for export and import as a rule, serve general, retrieval, processing as needed.
3. The process of checking the goods does not affect export and import activities of individual organizations; do not obstruct the implementation of the tasks of the relevant State agencies.
4. At the gate, the entrance to open the border yet customs force, border guard checked, monitored the sale goods, exchange of border residents as defined in clause 2 Article 51 customs Laws and regulations of the Prime Minister on the management of border trade with bordering countries.
5. the border guard gate applied professional measures prescribed by law to detect, prevent, fight, coordinate the handling activities of smuggling, commercial fraud in export and import activities.
Article 13. Responsible for test, control, border surveillance at the entrance open borders make frontier trade policy prescribed in clause 4, article 4 of Decree 112/2014/ND-CP 1. Vehicles, cargo, type make border procedures at the international gate, main gate (bilateral gate), extra gate as prescribed in articles 9, 10, 11, 12 this circular;
The case made border procedures at other locations due to the Commander of the border guard.
2. In the place of food production, importation, in collaboration with the border guard authorities perform testing, process monitoring, ensure the visas regulation law.
Article 14. Responsible for processing violation at the gate, the entrance to open land borders 1. The Bureau of the gate is the Agency chaired steering handle according to the function of the regulating authority, and Chief of staff for The Commander of the border guard directed the handling of violations related to the entry, exit, export, imports at the gate, the entrance to open the border to the Mainland.
2. The process of performing tasks as defined in articles 9, 10, 11, 12, 13 this circular, when detected violations related to the field of immigration, export/import and other law violations at the gate, the entrance to open the border to the Mainland, the Chief border gate Stations Stations open access land border, is responsible for presiding over the handling by the authorities and coordinated with the functional forces advised the Chief frontier Outpost proceed the order processing procedures violate legal regulations.
Chapter III DEFINES the SCOPE of the GATE AREA, CHANGE the WORKING TIME LIMIT, PAUSE the OPERATION through the BACK GATE, the ENTRANCE to OPEN the LAND BORDER of article 15. Guidelines, the order determines the scope of the area of land-border crossings specified in clause 4 of article 3 and article 12 of Decree No. 112/2014/ND-CP 1. Principle of determining the scope of the area of the gate, the entrance to open the border to the Mainland a) consistent with the nature and type of land-border crossings, ensure space planning projects in the area of the gate according to the provisions of article 11 of Decree 112/2014/ND-CP;
b) meet the requirements of Defense, security, Foreign Affairs; facilitate the management of the State and exit activities, immigration, import, export; proper planning of building, developing the long gate;
c) consistent with the provisions of the international treaties on the border gate, which the Socialist Republic of Vietnam is a member.
2. The sequence determines the scope of the international gate area, the main gate (bilateral gate) a) border guard command, the province chaired, in cooperation with relevant departments of the province, including: military command, public security, Foreign Affairs, finance, industry and trade, construction, planning and investment Agriculture and rural development, health care, transportation and people's committees at district level are the international gate, main gate (bilateral gate) conducted the survey determined the scope of the international gate area, the main gate (bilateral gate); set the minutes graph, survey the scope International gate area, the main gate (bilateral gate), report the survey results, the provincial people's Committee proposal on the scope of the international gate area, the main gate (bilateral gate);
b) proposal of the base commander of the border guard and the departments specified in point a of this paragraph, the provincial people's Committee submitted the draft the Government Newspaper, reported the survey results, the report on the survey and accompanying diagram of the area range international gate, main gate (bilateral gate) Please comments ministries: Defense, public security, Foreign Affairs, finance, industry and trade of the scope of the international gate area, the main gate (bilateral gate);
c) on the basis of the opinion of the Ministry specified in point b of this Clause, the provincial people's Committee reported the Government decision;
d) where there are different opinions of the Ministry specified in point b of this Paragraph, the Committee organized people's delegation, composed of representatives of the Ministry specified in point b of this Paragraph, conduct a survey, identify the scope of the international gate area, the main gate (bilateral gate); based survey results, the provincial people's Committee reported the Government decision.
3. The sequence determines the range of side gate area, open land border exit a) border guard command, the province chaired, in cooperation with departments of the province, including: military command of the province, public security, Foreign Affairs, industry and trade, health, customs, agriculture and rural development, planning and investment , Construction, finance, transportation and people's committees at district level have extra gate, the entrance to open the border survey determined the scope of the area of the gate, the entrance to open the border; establish a survey and accompanying diagram of the area range extra gate, the entrance to open the border;
b) on the basis of the opinion of the departments specified in point a of this paragraph, the border guard command of the people's Committee of proponent decide;
c) base decisions of provincial people's committees, The provincial border guard command, in coordination with the relevant departments to implement.
4. in case of changing the scope of the area of the gate, the entrance to open the border by land, the order made under the provisions of clause 2, 3 this.
Article 16. Order and procedure of changing working time at the gate, the entrance to open the border; Open the gate, the entrance to open the border outside the working time of day specified in article 16 of Decree 112/2014/ND-CP 1. Change working time at the international gate, main gate (bilateral gate) a provincial people's Committee has the) international border gate, main gate (bilateral gate) in Exchange for Government water across borders of unity about changing the working time at the gate;
b) basing results consistent with the provincial administration of water across borders, the provincial people's Committee report of the Government through the Ministry of defence (The Commander of the border guard);
c) defense opinion ministries: Foreign Affairs, public security, finance, industry and trade, health, agriculture and rural development, transport, about changing the working time at the international gate, main gate (bilateral gate);
d) Defense Ministry General comments the Ministry specified in point c of this paragraph, the Government reports the decision;
DD) after the Government's decision, the Department of Defense reported to the Foreign Ministry to unify with the bordering countries;
e) to base your opinion of the country borders, the Department of Defense informed the ministries concerned and the provincial people's Committee to unify with the provincial administration of water borders implemented.
2. Change the time working at the gate, the entrance to open the land border, a provincial people's Committee) has extra gate, open access land-border exchange, consistent with provincial Government water borders about changing the working time at the gate, the entrance to open the land border;
b) after reunification with the provincial administration of water borders, provincial people's Committee opinion: Defense Ministry, about changing the finance work time at the gate, the entrance to open the land border;
c) to base your opinion of the Ministry: Defense, finance, provincial people's Committee directed the departments of the province: The Commander of the border guard, customs, the Department of health, Department of agriculture and rural development, the management and the people's committees at district level has extra gate open access land border, done.
3. open the gate, the entrance to open the land border beyond working time during the day for reasons of urgency related to defense, security, natural disasters, fire, emergency distress, catch or other unforeseen reason

a) Commander of the border guard command of the province United with the competent body of water borders about opening the gate, the entrance to open the land border beyond working time during the day; promptly report the provincial people's Committee and The Commander of the border guard;
b) after unification with the competent water authority borders, Commander of The provincial border guard command directs the Chief frontier Outpost made opening the gate, the entrance to open the land border beyond working time during the day;
Based on the situation, the nature of the incident, Chief of frontier Forts inform the State administration specialization at the gate, the entrance to open the land border to coordinate implementation.
c) When the situation is back to normal, the Commander of the border guard command, the timely reporting of provincial people's committees, The Commander of the border guard; at the same time inform the competent body of water borders and directed the Chief frontier Outpost in coordination with the State Management Agency specialized in at the gate, the entrance to open the border by land management agencies and the gate opposite maintain work time at the gate open access land border, according to the regulations.
Article 17. Make restricted or halted operations across the border again at the gate, the entrance to open the land border with the provisions of article 17 of Decree 112/2014/ND-CP 1. Limited reason bases or pause in the field, the Minister in charge of the Ministry: Defense, public security, health, agriculture and rural development (hereinafter written collectively as the Ministry) report, suggested the Prime Minister decide to limit or halt the activities of border crossing in international; the content report stating the reason, start time, end limit or halt the operation back to the border at the international gate: a) the implementation of the decision of the Prime Minister, the Foreign Ministry announced, the Exchange over the diplomatic line with country borders; The owner informed the ministries concerned and the provincial people's Committee has the international gate to the implemented and posted widely on the mass media;
b) When the time limit or halt following a decision of the Prime Minister, the Ministry, in coordination with the ministries concerned and the provincial people's Committee has the international direction to maintain normal operations at the gate.
2. The base reason restricted or halted, Commander of the border guard command, the report suggested, the President of the people's Committee decided to restrict or halt the operation back to the main gate at the border (bilateral gate) as defined in clause 2 article 17 of Decree 112/2014/ND-CP; the content of reports, the proposal stating the reason, start time, end limit or halt the operation back to the main gate at the border (bilateral gate): a) the implementation of the decision of the Chairman of the provincial people's Committee, the Commander of the border guard command, the province chaired in collaboration with the Department of the relevant departments of the province directs implementation;
b) When time runs out or limited according to the decision of the Chairman of the provincial people's Committee, The provincial border guard command coordinated with relevant departments of the steer to maintain normal operations at the gate.
3. The base reason restricted or pauses, considering the actual situation or the proposal of the Chief frontier Outpost, Commander of The provincial border guard command decision to limit or halt the operation back to the main gate at the border (bilateral gate), extra gate open access land border, according to the provisions in paragraph 3 article 17 of Decree 112/2014/ND-CP;
When the time limit or halt, the Commander of the border guard command, the province chaired in collaboration with the relevant departments of the steer to maintain normal operations at the main gate (bilateral gate), extra gate, the entrance to open the border to the Mainland.
4. Grounded reason restricted or pauses, considering the actual situation, head of frontier decided to restrict or halt operations across the border again at the gate, the entrance to open the land border as defined in item 4 Article 17 of Decree 112/2014/ND-CP;
When the time limit or halt the Chief frontier Outpost, coordinated with relevant agencies to maintain normal operation in at the gate, the entrance to open the border to the Mainland.
5. Decides to extend the time limit or halt the operation back to the main gate at the border (bilateral gate), extra gate, the entrance to open the border to the Mainland of the people's Committee Chairman, Commander of the border guard, the Chief frontier Outpost made according to the provisions in clause 2 , 3, 4 this.
6. In case of absence, the Chairman of the provincial people's Committee, the Commander of the border guard, the Chief of Fort frontier authorize deputies made the authority decide to limit or halt the limited extension, or pause the operation back to the main gate at the border (bilateral gate) extra gate, open access land border, according to the regulations.
7. When the decision to limit or halt the limited extension, or pause the operation back to the main gate at the border (bilateral gate), extra gate, the entrance to open the frontier land, authorized person specified in clause 6 of this report and notified under the provisions of article 17 of Decree 112/2014/ND-CP. 8. The decision to limit or halt, the extension of the time limit or halt the operation back to the main gate at the border (bilateral gate), extra gate, open access land border of the competent person specified in clause 6 of this follow the form prescribed in Appendix 3 attached to this circular.
Chapter IV RESPONSIBILITY of BUILDING management, GATE, OPEN ACCESS LAND-BORDER Article 18. The Commander of the border guard 1. Chair advised the Defense Department performing State management content for border provisions of article 6 and article 21 of Decree 112/2014/ND-CP DATED. 2. Directs the Bureau of gate chaired, coordinated with relevant agencies: a) advised the Defense Department made the content management, open, open the entrance gate, upgrade the border and planning, system development, open access to the border gate in the scope of responsibility of the Ministry of defence specified in Decree No. 112/2014/ND-CP;
b) counsels for the defense of the policy, the policy of active management of the import, export, goods vehicles at the gate, the entrance to open the border to the Mainland in the functions and tasks of the Ministry of defence;
c) direction, guidance, test management, test, control, monitoring immigration, import and export, safeguard territorial sovereignty, national security, social order and safety at the gate, the entrance to open the land border;
d) instructions to perform border foreign related to the field of immigration, import and export are the responsibility of the Ministry of defence;
DD) research, apply measures to simplify the procedure of check, control, licensing papers according to the regulation, facilitate export activities, enter through the gate, the entrance to open the border to the Mainland.
3. Directs The provincial border guard command have the gate, the entrance to open the border to the Mainland: a) presiding, in collaboration with relevant agencies, local chief of the people's Committee for the implementation of the provisions of article 21 of this circular;
b) directed the border guard unit gate hosted, in cooperation with the State Management Agency specialized and related agencies at the gate:-management organization, to protect the sovereignty of the national border, prevention of crime, maintain political security and social order and safety in the area of the gate open access, land border;
-Implement procedures and border inspection, control, monitoring, and entry of people, means;
-Perform the procedure, check, control, monitoring, organization, individual, and Vietnam's foreign media out, operate in the area of the gate according to the provisions of article 13 of Decree 112/2014/ND-CP;
-The military, foreign relations related to border areas of immigration, import and export;
-Coordinate with functional testing, monitoring of goods and products, to enter through the gate, the entrance to open the border land, ensure the security of goods export, import, re-export, import export temporary re-entering, prevention of smuggling and commercial fraud.
 
4. Build procedures inspect, control, border monitoring for people, vehicles, cargo, enter through the gate, the entrance to open the border to the Mainland and the relevant regulations.
Article 19. The Department of planning and investment/BQP coordinate, guide and border guard command to ensure the budget plan to deploy the project, the project stores equipped with materials management, control the gate of border guard stipulated in Decree No. 112/2014/ND-CP and this circular.
Article 20. The Department of finance/BQP coordinate, guide and border guard command to use the funds to implement the project, the project stores equipped with materials management, control the gate of border guard stipulated in Decree No. 112/2014/ND-CP and this circular.
Article 21. Provincial people's Committee has the gate entrance, open land borders 1. Steer the functional sectors in collaboration with the provincial border guard command of the holds, propaganda, popular content of Decree 112/2014/ND-CP and this circular to the departments and branches of the people's committees, district level, level, open the gate there were borders, the Agency , the Organization and the people of the land border area made.
2. Direct the border guard command, the province chaired, in cooperation with related departments and district-level people's committees have the gate, the entrance to open the border to the Mainland: a) scrutinize the system gate, open access land border on the province, determine the name, international classification , the main gate, gate, the entrance to open the land border; complete the procedure, make the order open, upgrade for the extra gate, the entrance to open the border to the Mainland has not yet formally opened under the provisions of Decree No. 112/2014/ND-CP;

b) scrutinize, the survey defined the scope of the area of the gate, the entrance to open the land border; the report approved by the province people's Committee scope extra gate area, open the land border; complete the procedure, reported the Government approval of the scope of the international gate area, the main gate;
c) plug the gate area signs, open access land-border and setting up the system of Three-ri-e control at the gate, the entrance to open the border to the Mainland under the provisions of this circular.
3. Direct the Foreign Affairs Department of the host, in cooperation with The provincial border guard command and the relevant departments, the evaluation system development planning of the gate on the province, complete the procedure, the people's Committee report the Government approval process.
4. Each year, to ensure funds for the survey to open and upgrade, determine the scope, regional planning, infrastructure construction, transportation systems, signage systems, signs the specific area of the area of the gate and the work ensures the administrative management activities according to the provisions of article 24 of Decree No. 140/2004/ND-CP dated 25 June 2004 from the Government detailing a number of articles of the law on the State border.
Chapter V ENFORCEMENT PROVISIONS Article 22. Effect 1. This circular effect since March 19, 2016.
2. This circular replaces circular No. 181/2005/TT-BQP on 17th November 2005 of the Minister of national defence guide implementation of Decree No. 32/2005/ND-CP dated 14 March 2005 by the Government on the regulations for land border gates and the abolition of article 1 of the circular No. 90/2011/TT-BQP on June 30, 2011, the Minister of Defense modification Supplement circular No. 181/2005/TT-BQP on 17th November 2005 of the Minister of national defence guide implementation of Decree No. 32/2005/ND-CP dated 14 March 2005 by the Government on the regulations for land border gate and circular No. 05/2009/TT-BQP on 18th January 2010 in the Defense Minister's Guide to implementing Decree No. 50/2008/ND-CP on August 21, 2008 of the Government on the management, protection, security and order in the port gate.
Article 23. Implementation 1. Border guard command, the province chaired, in cooperation with the Department of Justice and the related industry advised provincial people's Committee holds organizational, propaganda, popular content, implementation of Decree No. 112/2014/ND-CP and this circular to the departments in localities and people to make consistently.
2. Annually, The Commander of the border guard base performance requirements management duties, border protection, keeping the national security, order, safety in land border areas, check, control, entry at the gate area, open the land border, estimating the budget according to the content specified in circular No. 162/2004/TTLT-BTC dated BQP December 6, 2004 of the Ministry of Defence-Ministry of Finance of Guide content and manage the budget implementation of the management, the national border guard, preserve the security, safety, social order in the border area to send financial bodies, relevant agencies of the same general level the report, the people's Council, the provincial people's Committee decision.
3. The Commander of the border guard is responsible for tracking, urge, check made to Decree No. 112/2014/ND-CP and this circular; every year, conducting preliminary and report the results to the Department of Defense.
4. The ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities; agencies, units, organizations and individuals are responsible for implementation of this circular.