A DECISION.

About managing the border trade activity with other countries.

We have borders.

________________

Government Law Base on 25 May. Ah! - 1 2, 2001;

Border Law. Yes. the national day 1 June 7 What? 2003;

The Commercial Law Base June 14, 2005;

At the suggestion of the Minister of Commerce,

Capital. Oh. Ch. I'm The government enacted a decision on the management of border trade with other countries. Boob The border.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decision rules on the management of border trade activities with countries that share the same border (following this designation as border trade):

a) The activity of purchasing goods across the border of merchants.

b) The purchasing activity, the exchange of goods of the border population.

c) The purchase activity, exchange of goods at the border market, market of stores and markets in the Market Economic Zone.

d) Trade support services in the store area, border opening.

2. The operation to purchase international goods across the border made under the provisions of the Trade Law in 2005, the National Border Law of 2003 and the relevant legislation that is relevant, in accordance with the international treaty that Vietnam signed or joined and was signed by. The international trade club.

What? 2. Subject applies

1. organizations, individuals with border trade.

2. The agencies, the governing body and the executive of the border trade.

3. The agencies, organizations, other individuals are associated with border trade.

What? 3. Explain words

In this Decision, the words below are understood as follows:

1. The country with the same border is the same land that borders the land border with the Socialist Republic of Vietnam (including: People's Republic of China, the People's Democratic Republic of Laos and the Kingdom of Cambodia).

2. The store, the border opening, the store area, the goods of the border residents, the procedure through the prescribed border at the UN Census. 112 /2014/ND-CP November 21, 2014 the government regulates land border management.

3. Border Market, Market Market, Market in the Market Economic Zone by regulation at Decree No. 114 /2009/NĐ-CP December 23, 2009 by the Government amended, adding some of the provisions of the Fifth Protocol. 02 /2003/ND-CP January 14, 2003 the Government on Market Development and Management.

4. Sales of goods on the border of merchants is commercial activity under the provisions of provisions at Clause 1 Article 27 Commercial Law in 2005 and is implemented as stipulated at Chapter II This Decision.

What? 4. Payment in border trade activity Oh. i

1. The border trade activity is paid in by the free foreign currency conversion, the Vietnamese copper or the currency of the country with the same borders.

2. Payment method:

a) Payment through the bank.

b) Payment does not use cash: compensation between goods, export services with goods, import services; through accounts in accordance with the regulation of Vietnam 's existing law; direct payment to the trader' s account at the bank. The area of the store, the border opening of Vietnam.

c) Pay cash.

3. The State Bank of Vietnam instructs the implementation of payment in border trade.

Chapter II

THE ACTIVITY OF PURCHASING GOODS ACROSS THE BORDER OF MERCHANTS

What? 5. merchants buy goods across the border

1. Vietnamese traders who do not have direct foreign investment (below the so-called traders) are carried out on the sale of goods across the border. The base of technical infrastructure in the side-door area, the border opening, the People ' s Provincial Committee of the Border Provincial, in coordination with the Ministry of Public Choice Trade meets enough conditions under the rule of law to make purchases of goods across the border. The side door, the border opening.

2. merchants with foreign investment, the company and branch of foreign companies in Vietnam are only made to purchase goods across the border in the case of Vietnamese law or the international wish that the Socialist Republic of Vietnam is a member of the country. There's rules.

What? 6. Row Boob a purchase by the border of the trader

1. Goods purchased across the border of the trader must meet the regulations at the Digital Protocol. 187 /2013/NĐ-CP November 20, 2013 The government regulates the implementation of the Commercial Law on International Wholesale Procurement and Trade, sale, macho and transit activities with foreign countries.

2. The specified goods at Clause 1 This is purchased by the side store, the border opening in particular cases ensuring the principle of encouraging export and import controls in border trade. The Ministry of Commerce guides the goods purchased through the side door, the merchant's border opening during the period after the exchange with the Ministry of Finance, ministries, related agencies, and the People's Committee of the Border.

What? 7. Land border stores that make purchases of goods across the border of the merchant.

1. Sales of goods through the border of traders are made at the types of stores, the land border opening pursues to the regulation at the Digital Protocol. 112 /2014/ND-CP November 21, 2014 the government regulates land border management.

2. The side door, the border opening rules at 1 This is made to purchase goods across the border of the trader when it meets all the following conditions:

a) Enough of the management forces that specialize in the Customs, Border and Control Services that operate regularly at the side door, the border opening.

b) The technical infrastructure guarantees state management, including the working headquarters of the functional forces; the area of inspection, control, supervision; warehouse area, dock area of cargo; roads; equipment and other necessary conditions.

What? 8. Control, check out the safety Well, It's fine. i Quality check on goods purchased across the border of the trader.

Goods purchased across the border of the trader must comply with the laws of law in terms of medical examination; animal testing, plants, fisheries audits; quality control testing; food safety checks.

What? 9. Form of agreement in the purchase of goods through the border of the trader

The operation to purchase goods through the border of the trader is carried out on the basis of a deal between Vietnamese traders with merchants or individuals of the country sharing the border with the following forms:

1. The contract in writing.

2. The case does not establish a written contract, the trader who made the sale of goods across the border must set up the sale of goods sold across the border. It is signed by the Vietnamese businessman, stamped and held accountable to the law of authenticity, with a legal equivalent of contract.

The Ministry of Commerce instructs the sale of the goods to sell goods across the border of merchants named traders or individuals, names of goods, orders, numbers, and other necessary content for prescribation, tracking, management being unified.

What? 10. Tax policy, fees and fees

1. merchants purchasing goods across the border must fully implement the statutory obligations under the current law of law on goods purchased by the border, enjoy the statutory incentives of the existing law and the international treaties without which they are legally required. Vietnam signed or joined.

2. Goods exported in the form of purchase of goods through the border of the trader stipulated at this Decision which is raised by the value of the value added by the law of the present law.

3. Charge and fees in the operation to purchase goods through the borders of the trader are made in accordance with the provisions of the existing law.

Chapter III

PURCHASING ACTIVITY, THE EXCHANGE OF GOODS OF BORDER RESIDENTS

What? 11. The owner of the sale, the socket The goods of the border population.

1. The border population is Vietnamese citizens and citizens of water with a common border with a permanent residence in the border areas.

2. The person with the license of the Border Security Agency for residence in the border area.

What? 12. The store, the border opening buys, exchanges the goods of the border residents.

Purchasing activity, the exchange of goods of border residents is carried out through the shops, the prescribed border crossing at the United States Census. 112 /2014/ND-CP November 21, 2014 the government regulates land border management.

Fuck! i Thirteen. Goods purchase, exchange of border residents

1. Sales of the border, exchange of border residents by regulation at paragraph 8 Article 3 Decree No. 112 /2014/ND-CP November 21, 2014 the government regulates land border management.

2. The Ministry of Industry issued a purchase of the goods purchase, the exchange of the border dwellers to make policy on the purchasing activity, the exchange of the border residents stipulated at this Decision.

What? 14. with Goods purchased, traded. socket i ' s a border resident.

1. The owner of the purchase, the exchange of goods of the border population stipulated at Article 11 This Decision is exempt from import duties and other taxes (if any) with a value of no more than 2,000,000 (two million) copper/1 person/1 day/1 days and no more than 4 per month. with goods belonging to the Department of goods purchased, the exchange of border residents by the Ministry of Commerce issued by the Ministry of Commerce.

2. The portion of the value of goods that exceeds the specified level at Clause 1 This must be taxable under the rules of the current law.

3. The Ministry of Finance guidelines for the tax exemption on the goods purchased, the exchange of the border population; the manual tax manual for the portion of the value of goods that exceeds the specified level.

What? 15. Purchase management, transportation of goods purchased, the exchange of border residents

1. For goods in the rating but the border population does not use for the life and production of its own, it is taxable under the rules of the law.

2. merchants perform purchase, transporting goods purchased, traded by border residents in the border market area, market store, market in the store economy.

3. merchants make purchases which purchase the purchase of goods purchased by the border.

4. Goods to purchase, exchange of border residents when purchased must file import duties and other taxes (if any) prescribed and must carry out the audit, examination of food safety, quality examination prescribed at Article 8 Decision Hey.

5. The Ministry of Finance guides tax collection procedures on the commodity portion that border residents do not use directly for life and production that resell.

What? 16. i Food safety, food safety in the trading activity, the exchange of border residents.

1. Medical control: The goods purchase, the exchange of the border population is not a medical check, except where the Department of Health informs the risk of infectious disease and when the plague occurs, it has to be practical and medical processing.

2. Animal control, plants and fisheries audits: Goods in the face of animal control, plants and aquacal audits due to the Ministry of Agriculture and Rural Development published in each period must be audalized under the current law of law. Go.

3. Check, quality control, food safety: Sales of goods sold, the exchange of border residents is not checked, quality control, food safety.

Chapter IV

COMMERCIAL ACTIVITY AT THE BORDER MARKET, STORE MARKET, MARKET IN THE GROCERY STORE.

What? 17. Business conditions at the border market, store market, market in the Market Economic Zone.

Business conditions at the border market, store market, markets in the Market Economic Zone implement regulations at the United States Digital Protocol. 02 /2003/ND-CP January 14, 2003 by the Government on Market Development and Management, Digital Protocol 114 /2009/NĐ-CP December 23, 2009 by the Government amended, adding some of the provisions of the Fifth Protocol. 02 /2003/ND-CP January 14, 2003 the Government on Market Development and Management and the Relevant Legislation are related.

Fuck! i Eighteen. The owner of the sale, the merchandise exchange. i Border market, market market, bazaour market. i The doorman.

1. The merchant is a business individual who carries the nationality of Vietnam and has a permanent residence in the border area.

2. merchants are Vietnamese businesses and businesses are established, registered under the law of business registration.

3. The merchant is a business individual that carries the nationality of the country with the same borders, one of the papers with a value used as follows: Border ID paper, Border Area Immigration, Pastidown or paper valued at the same level. Other scenes are issued according to the laws of the country with the same borders.

4. The merchant is a business, whose business with the same borders has been granted a Business Registration Certificate in accordance with the law of the country with the same borders.

What? 19. Goods purchased, traded at the border market, store market, market in the Market Economic Zone.

1. Goods purchased, traded at the border market, market stores, markets in the Market Economic Zone must be the goods allowed to circulate on the Vietnamese market according to the law of the present law.

2. Goods to purchase, trade across the border to business at the border market, market of stores, markets in the Market Economic Zone must comply with the provisions of this Decision.

What? 20. Control for goods purchased, exchange at the border market, store market, bazaour in the Market Economic Zone.

1. Sales of goods, exchanges at the border market, store market, market in the subject-to-control (health, animal, plant, fisheries) should be performed in accordance with the Ministry of Health ' s procedure of testing procedures (for example). Commodities are subject to medical treatment, Ministry of Agriculture and Rural Development (for goods under the subject of animal control, plants, fisheries).

2. When goods are imported from water that borders the border into the market or from the export market to the same border, it is required to do a checkup with a checkup agency, a border opening where imports or exports go through.

What? 21. Tax and customs regulation for goods purchased, exchange, and business. Yeah. At the border market, ch. the store, the market in the store economy

1. Business traders in the border market, store market, market in the Market Economic Zone must comply with Vietnam ' s tax-current regulations: value added tax, corporate income tax, card tax, special consumption tax, and other types of taxes. the other tax (if any).

2. Ministry of Finance directed customs procedures on purchases of goods across the border of merchants at the border market, market market, market in the Market Economic Zone.

Chapter V.

COMMERCIAL SUPPORT SERVICES IN THE STORE AREA, BORDER OPEN AND BORDER.

What? 22. Commercial support services in the area of the store, border opening.

1. Support Services implementing administrative procedures under the provisions of the relevant specialized law.

2. Warehouse, parking, transportation, transportation, inventory preservation.

3. Family Services, packaging, packaging.

4. Services imloading goods, labor, interprets, sanitation, protection.

5. Advanced support services accessibility and access to the market of countries that share borders.

6. Service on technical infrastructure, including traffic, work office houses, showhouses, product referees, observation cameras, electronic weight stations, water power, collection-disposal-processing, fire alarms, fire extinguiers.

7. Other support services follow the provisions of the existing law.

What? 23. D Activity Management Shit. Commercial assistance in the area of the store, the border opening.

1. The management of the commercial support service operation at international stores and the main store implementation stipulated at the No. 1 Decision No. 1. 45 /2013/QĐ-TTg July 25, 2013 by the Prime Minister on the issue of the Executive Regulation of Operations at land border stores.

2. Manage commercial support services at sub-stores, border entrances under the provisions of the Ministry of Commerce.

3. Vietnamese traders do not have direct foreign capital investment in the business of trade support services in the area of the store, the border opening in line with the regulation of the existing law.

Chapter VI

EXPORT OF PEOPLE AND VEHICLES IN BORDER TRADE ACTIVITY.

What? 24. Exposition of people and media Don't n Vietnam

1. The owner or person authorized by the owner, owner of the vehicle, who controls the cargo transport vehicle, the worker who serves on the car, the boat, the boat must have one of the following types of use papers: Pascor, People ' s ID, Paper. The executive entry of the border area (the list of boats or boat books for ships, boats) or other cross-border documents according to the provisions of the Vietnamese law.

The vehicle controls the vehicle, in addition to the specified document, which must have a vehicle control license in accordance with the type of control vehicle.

2. The media owner, who controls the cargo transport when entering locations in the border area must appear or submit documents in accordance with the rules of the existing law.

3. The vehicle, who controls Vietnam 's goods and business owners are going through the shops, the border opening stipulated at the Decision to come out or into the border market, the store market, the market in the country' s store economic zone. The border border, the control of the specialized management forces at the mouth of the border, the opening of the border; the situation in the inland water that borders the border must proceed with the procedure, entry, entry to the person and the means of regulation. of the existing laws of Vietnam and of the country with the same borders.

4. Vietnam ' s vehicle management travels across the border to the delivery of goods right in the area of the store, the border opening then goes back to the day and the personal transport of the individual, held in the border area regularly via the real border. It's the law.

5. People and vehicles prescribed at this Article have the need to go into the prescribed goods transfer point at the Transport Agreement between the Government of Vietnam and the countries that share the same borders to deliver goods must be done in accordance with the regulations. The agreement of the Agreement, the Protocol and other agreements signed between Vietnam and the countries that share the borders of the entry and shipping of goods.

What? 25. Export of people and vehicles of the country share borders

1. Water citizens with the same borders as owners or authorized owners, media owners, media drivers and staff serving on the transport of goods of the country with the same borders are followed by the means of transporting goods to the border. through the shops, the border opening stipulated at the Decision to enter the points of intersection, receive goods by the Pascor, the National Register, the People's Certificate, or the Certificate of Passport Entry by the authority of the country with the authority of the country. Gender or paper, gender, or paperwork across the border in accordance with the current regulation of Vietnamese law.

2. Water transport vehicles share the same borders as the provisions of this Decision to enter the intersection, receiving goods issued by the competent authorities of Vietnam at the border area.

3. The media and citizens of the country share the same borders as the operator of the transport of goods and business owners of the country sharing borders when coming out, entering the border market, market stores and markets in Vietnam ' s Market Economic Zone for transport. The goods are being examined, controlled by state regulators at the store, the border opening; when there is demand out of the border market, the market store and the market in the Market Economic Zone to get into Vietnam is required. There are procedures for appearance, entry for people and vehicles by the current regulation of Vietnamese law.

4. The vehicle 's vehicles share borders on the area of the store, Vietnam' s border opening to deliver goods then return to the country immediately during the day and the personal transport of the individual, held in the border area regularly via the border area. the day of the day not to prescribe the customs records and file a vehicle, but be tested, controlled by the authorities at the store and the paperwork for the surveillance, inspection, management.

5. Water management of the country has the same borders on the area of the store, the opening of Vietnam ' s border to deliver goods right in the area of the store, the border opening then comes back in the day and the personal transport vehicle, held in the area. The border regularly crosses the border with the rule of law.

6. The case of people and vehicles of the country with the same border has the need to go into locations other than the store area, the border opening to deliver goods must be made in accordance with the regulations of the Agreement, the Protocol and the written agreement documents. Others have signed between Vietnam and the countries that share the borders of entry and freight.

Chapter VII.

FRONTIER COMMERCE.

What? 26. Border Trade Command Board

1. The Central Border Trade Command Board is chaired by the Minister of Commerce, a Deputy Minister of Trade in charge of the border trade of the border trade as Deputy Minister of Permanent Affairs. Commissioners include a Deputy Minister or General Secretary of the Ministry: Foreign Affairs, Defense, Finance, Planning and Investment, Transport, Agriculture and Rural Development, Health, Public Security, Sports, Sports and Tourism and State Bank of Vietnam.

2. The members of the Command Board work on a dual-degree mode. The Command used the seal of the Ministry of Commerce to deal with. The Head of the Board is the Executive Committee of the Board of Operations; the membership and duty of the Permanent Authority of the Direcing Authority.

3. Head of the Central Border Trade Board guidelines for the People ' s Committee of the Border Provinces to sue the entire provincial border trade committee headed by a provincial committee leader as Head of the Department, Director of the Department of Commerce as Deputy Minister of Permanent Affairs. The Commissioner is the head of the Department, which is locally relevant.

What? 27. Mission, the powers of the Central Border Trade Command Board

1. Help the Prime Minister to direct and organize coordination between the ministries, the industry, the local in the management of border trade activities; track, check, the ministry of ministries, the industry and the People ' s Committee of the border provinces perform function, the mission is delivered. with regard to border trade; addressing work involving multiple ministries, industries, localities on managing border commerce.

2. Set up the situation, evaluate the results of the border trade of ministries, sectors, localities; reports and petitions with the Prime Minister of the initiative, measure, program, and plan aimed at improving the efficiency of border trade.

3. Help the Prime Minister of the Government to direct operations at the stores, the prescribed border opening at Decision No. 1. 45 /2013/QĐ-TTg July 25, 2013 by the Prime Minister and the Decision; direct the People 's Committee of the Provincial People' s Department of Commerce Support Services at the stores, the border opening.

4. The organization performs race forms, authorship awards; petitions with the Prime Minister commend to the organization, individuals who have achievements in border trade in accordance with the rule of law.

5. The duties, other powers follow the direction of the Prime Minister ' s direction.

What? 28. The operating budget of the Border Trade Command Board

The operating budget of the Central Border Trade Directorate and the Provincial Border Protection Board is guaranteed by the state budget as defined by law on state budgets.

Chapter VIII

THE ORGANIZATION.

What? 29. Ministry of Commerce

1. Host, in coordination with the ministries, the relevant sector and the People ' s Provincial Committee of the Guiding Borders and the organization implementing this Decision.

2. Host, in coordination with the ministries, the relevant sector for the staff of the Prime Minister to manage and run the flexible, timely border trade.

3. Host, in coordination with the ministries, the relevant sector and the Provincial People ' s Provincial Committee of the Command, Executive, Guide, Inspection, Examination of the Management of Border Trade Activity.

4. Cooperation, exchange, agreement with the competent authority of countries with the same borders on the coordination mechanism in the management of border trade operations.

5. Host, in coordination with the ministries, the relevant sector and the Committee of the People 's Provincial Provincial People' s Provincial Committee which operates purchases of goods across the border of traders at side doors, border opening in the event is likely to jam goods at the store, the opening. the border, the world, the risk of environmental pollution, natural disasters, epidemics and other necessary cases.

6. Host, in collaboration with the ministries, the relevant sector and the border provincial people ' s committee stipulated on the side door, the border opening is made to sell, exchange goods across the border.

7. Overall, the report issued a periodic authority or a breakthrough on border trade.

What? 30. The responsibility of the ministries, the sector is concerned

1. The Ministry of Defence presided over, in coordination with the ministries, the relevant sector and the border provincial People ' s Committee that carried out management at the stores, the border opening within the functional range, the mission was delivered.

2. The Ministry of Finance chaired, in coordination with the ministries, the relevant sector and the People ' s Provincial Committee of the Border Provincial Committee to implement tax policy, fees and fees; customs procedures for the medium of export, entry, export goods, import in operation operations. Border trade; inspection procedures, monitoring for purchase, transportation of goods purchased, traded by border residents.

3. The Ministry of Health chaired, in coordination with the ministries, the relevant sector and the border provincial People's Committee, the guidelines for the implementation of the border health audit work, the inspection of food safety in border trade.

4. The Ministry of Agriculture and Rural Development presided over, in coordination with the Ministry of Agriculture, the relevant sector, and the Provincial People's Committee of the Border Division, which guided the implementation of animal, plant-based animal control, and fisheries in the border trade.

5. Ministry of Science and Technology chaired, in collaboration with the Ministry of Public Affairs, the relevant sector and the National Committee of the Provincial Population, the guidelines for the implementation of the test work on the quality of goods in the border trade.

6. The Ministry of Transport presided over, in coordination with the ministries, the relevant sector and the Border Provincial People ' s Committee that facilitated the development of the transportation infrastructure for border trade activities; the guidelines make relevant regulations on the areas of the transport sector. The way to the border crossing.

7. The State Bank of Vietnam presided over, in coordination with the ministries, the relevant sector and the border provincial People's Committee, which guidelines for payment in border trade.

8. The Ministry of Public Security, in coordination with the ministries, the relevant sector and the border provincial People's Committee, guidelines for the implementation of residence management, the entry of the person in the border trade operation.

9. The ministries, the relevant sector in coordination with the Ministry of Commerce to unify the guidelines, direct the management and run of border trade operations within the scope of its responsibility,

10. The ministries, the federated member sector join the Central Border Trade Command under the regulation at this Decision to implement the interdisciplinary coordination mechanism on managing and operating border commerce.

What? 31. Brew The staff. n provincial

1. The organization manages and operates the border trade activity on the management site.

2. Perform executive instructions on the border trade activity of the Ministry of Commerce, the Central Border Trade Directorate and the ministries, the relevant sector on the province.

3. Run the Provincial Border Trade Command Board to implement the interdisciplinary coordination mechanism on management and operations of border trade in the province.

What? 32.

1. This decision has been in effect since 1 January 2016.

2. This decision replaces the Number Decision 254 /2006/QĐ-TTg November 07, 2006, of the Prime Minister on the management of border trade operations with countries with the same borders and the digital decision. 139 /2009/QĐ-TTg December 23, 2009 by the Prime Minister amended, adding some of the provisions of the Digital Decision. 254 /2006/QĐ-TTg November 7, 2006, the Prime Minister's office on managing border trade with countries with the same borders.

3. During the execution if the text of the projection text at this Decision is modified, the addition or replacement applies to the new text.

4. The case needs to run the border trade flexion in line with the economic-social conditions of each local and in each period, the Prime Minister considers the decision to regulate the operation of goods purchases across the border of the country. traders and border residents on the basis of the Ministry of Commerce ' s offer.

5. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, are responsible for this decision.