Decision 52/2015/qd-Ttg Dated: About The Management Of Border Trade Activities With Countries Bordering

Original Language Title: Quyết định 52/2015/QĐ-TTg: Về việc quản lý hoạt động thương mại biên giới với các nước có chung biên giới

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Decisions about the management of border trade activities with countries sharing a border _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on the State border of 17 June 2003;
Commercial Law base on June 14, 2005;
According to the recommendation of the Minister of industry and trade, the Prime Minister issued a decision on the management of border trade activities with countries sharing a border.
Chapter I GENERAL PROVISIONS article 1. Scope 1. The decision rules on the management of border trade activities with countries having common borders (hereinafter referred to as the border trade activities) include: a) operating cross-border sale of goods by traders.
b) active buying and selling, bartering of border residents.
c) active buying and selling, exchanging goods in border markets, the market gate and gate Economic Zones in the market.
d) trade supporting services in the area of the gate, the entrance to open the border.
2. international sale of goods over the border to follow the provisions of commercial law in 2005, the law on the State border in 2003 and the legal texts concerned, in accordance with the international treaties to which Vietnam signed or joined and international trade practices.
Article 2. Application object 1. Individual institutions have the border trade activities.
2. Agencies, governing and operating the border trade activities.
3. The agencies, organizations, and individuals related to border trade activities.
Article 3. Explanation of terms In this decision, the terms below are interpreted as follows: 1. The water bordering the land borders with the country the Socialist Republic of Vietnam (including: the people's Republic of China, the Lao People's Democratic Republic and the Kingdom of Cambodia).
2. The gate, the entrance to open the border gate, the area of the border residents crossing the border procedure, in accordance with Decree No. 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of border land.
3. the border Markets, the market gate, gate Economic Zones in the market under the provisions of Decree No. 114/2009/ND-CP on December 23, 2009 the Government's amendments and supplements to some articles of the Decree No. 02/2003/ND-CP dated 14 January 2003 by the Government on the development and management of the market.
4. Purchase and sale of goods over the border of the trader's commercial activities in a form specified in article 27 paragraph 1 of the 2005 trade law and are implemented according to the provisions of chapter II of this decision.
Article 4. Payment in border trade activities 1. Border trade activity be payments made in foreign currencies freely convertible, Council of Vietnam or the currency of the country borders.
2. Method of payment: a payment through the Bank.)
b non-cash payment): offset between goods, services for export goods, services; through your account in accordance with the law of Vietnam; direct payment to the merchant's account at the Bank the sector gate, the entrance to open the borders of Vietnam.
c) payment in cash.
3. State Bank of Vietnam Guide make payments in border trade activities.
Chapter II OPERATING CROSS BORDER SALE OF GOODS of TRADERS article 5. Traders buy and sell goods across borders 1. Vietnam traders not invested directly by foreign countries (hereinafter referred to as the traders) are made active sale of goods across the border. The base technical infrastructure in the area of the gate, the entrance to open the border, border province people's Committee chaired, in collaboration with the Ministry of industry and trade of options traders who meet the conditions prescribed by the law to make buying and selling goods through extra gate, the entrance to open the border.
2. Traders, foreign-invested companies and branches of foreign companies in Vietnam only to be made for the sale of goods over the border in Vietnam case law or international treaties to which the Socialist Republic of Vietnam is a member of a decree.
Article 6. Buy and sell goods across borders of trader 1. Buy and sell goods across borders by traders must meet the provisions of Decree No. 187/2013/ND-CP on November 20, 2013 of government regulation in detail Trade Law enforcement activities in the international sale of goods and the activities of dealers buying, selling, processing and transiting goods with foreign countries.
2. Goods specified in paragraph 1 of this article are traded through the gate, the entrance to open the border in specific cases to ensure the principle of encouraging exports and control imports in border trade activities. Industry guides goods buy and sell through the gate, the entrance to open the borders by traders in each period after the Exchange with the Ministry of finance, ministries, agencies and people's committees of the province border.
Article 7. The types of land-border implementation of cross-border sale of goods of traders 1. Purchase and sale of goods over the border of the trader is made in the type of gate, the entrance to open the border to the Mainland under the provisions of Decree No. 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of border land.
2. extra gate, the entrance to open the border defined in Paragraph 1 of this article be made cross-border sale of goods by traders when meet the following conditions: a) the force management of customs, quarantine and border operations at the gate, the entrance to open the border.
b) technical infrastructure ensuring governance, including the headquarters of the force work function; the area of check, control, monitoring; the area of the repository, the stations assembled goods; the road traffic; equipment and other necessary conditions.
Article 8. Check out the room, checking on food safety, quality control for goods traded across the border of traders buy and sell goods across borders by traders to comply with the provisions of the law on health quarantine; animal quarantine, plant quarantine, fishery products; quality control of goods; check on food safety.
Article 9. Agreement in the form of the sale of goods over the border of active traders buy and sell goods across borders by traders is made on the basis of agreement between Vietnam traders traders or individuals of the country shares borders with the following form: 1. The contract in writing.
2. No case establishing a contract in writing, then the trader made sale of goods over the border to set up lists for the sale of goods over the border. Lists are traders Vietnam signed, stamped and is responsible before the law about authenticity, have legal value equivalent to the contract.
Industry guide and model lists of goods purchase cross-border traders traders or personal name, commodity name, unit price, amount and other necessary content to the Declaration, follow-up, management was agreed.
Article 10. Tax policy, fees and charges 1. Traders buy and sell goods across borders have to fulfill the obligations of Venezuela hired pursuant to current legislation for goods traded across the border, enjoy the incentives under the provisions of the current legislation and the international treaties to which Vietnam signed or joined.
2. Commodities exported in the form of cross-border sale of goods of traders and the provisions of this decision are value added tax refund under the provisions of the current law.
3. Fees and charges in the purchase and sale of goods over the border of the trader is made according to the provisions of the current law.
Chapter III OPERATION of BUYING and SELLING, BARTERING of BORDER RESIDENTS article 11. Home buy sell, barter of border residents 1. Border residents are citizens of Vietnam and bordering countries citizens having permanent residence in the border area.
2. Who has the license of the police the border for residence in the border area.
Article 12. The gate, the entrance to open the border to buy sell, barter of border residents to purchase and sell, barter of border residents are made through the gate, the entrance to open borders under the provisions of Decree No. 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of border land.
Article 13. Buy and sell goods, exchange of border residents 1. Buy and sell goods, exchange of border residents in accordance with Paragraph 8 of article 3 of Decree 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of border land.
2. Ministry of industry and Commerce issued the list of commodities trading, exchange of border residents to a policy for purchasing activities, exchange of border residents prescribed in this decision.
Article 14. Tax for goods purchase, sale, exchange of border residents 1. Home buy sell, barter of border residents prescribed in article 11 of this decision are exempt from import duties and other taxes (if any) with a value not exceeding 2,000,000 (two million) Bronze/1 person/1 day/1 weekly and up to 4 weekly/1, for the category of goods goods sale , exchange of border residents due to the Industry.
2. the value of the goods beyond the norms prescribed in paragraph 1 of this article are subject to tax under the provisions of the current law.
3. The Ministry of finance instructed the tax exemption for goods purchase, sale, exchange of border residents; tax procedure Guide for the value of goods beyond the prescribed limit.
Article 15. Management of middlemen, shipping goods purchase, exchange of border residents 1. For goods out of the norm but not border dwellers used for living and its production which sell ceded shall be subject to tax under the provisions of the current law.
2. Traders make middlemen, shipping goods purchase, exchange of border residents in the area of border markets, the market gate, gate economic zones in the market.
3. Traders make middlemen to set lists middlemen buy and sell goods, exchange of border residents.

4. purchase and sale of goods, exchange of border residents when middlemen to pay the import duties and other taxes (if any) prescribed and to perform quarantine inspection on food safety, quality control as specified in article 8 of this decision.
5. The Finance Ministry tax collection procedure tutorials for the merchandise that border residents not used directly for the life and production of that sale.
Article 16. Check out the room, checking the quality of goods and food safety in the purchase and sale of activities, exchange of border residents 1. Health: quarantine commodities trading, exchange of border residents not medical quarantine, unless the Health Ministry notice risk of infectious disease epidemics and when going to fact check and medical processing.
2. animal quarantine, plant quarantine and fisheries: goods subject to animal quarantine, plant quarantine and aquatic products by the Ministry of agriculture and rural development announced in each period must be quarantined in accordance with current legislation.
3. check, control of quality, food safety: purchasing goods, exchange of border residents not to check, control of quality, safe food.
Chapter IV TRADE OPERATIONS at the BORDER GATE MARKET, MARKET, MARKET GATE ECONOMIC ZONES in article 17. Business conditions in border markets, the market gate, gate Economic Zones in markets and business conditions at the border gate market, market, market gate Economic Zones in follow the provisions in Decree No. 02/2003/ND-CP dated 14 January 2003 by the Government on the development and management of the market , Decree No. 114/2009/ND-CP on December 23, 2009 the Government's amendments and supplements to some articles of the Decree No. 02/2003/ND-CP dated 14 January 2003 by the Government on the development and management of the market and the legal texts concerned.
Article 18. The subject of activity of buying and selling, exchanging goods in border markets, the market gate, gate Economic Zones in market 1. Traders are trading personal Vietnam nationals and have permanent residence in the border area.
2. is the Vietnam business traders and established business households, registered under the provisions of the law on business registration.
3. individual traders trading the country's citizenship, borders, one of the valuable papers to use as follows: paper border ID, passport Immigration Department border, passports or valuable papers of other immigration granted under the provisions of the law of the country borders.
4. The trader's business, business households of the country borders was granted a certificate of registration under the provisions of the law of the country borders.
Article 19. Goods are traded, exchanged at the border markets, the market gate, gate Economic Zones in market 1. Goods are traded, exchanged at the border gate market, market, market of Economic Zones in the gate must be goods are allowed to circulate on the Vietnam market in accordance with the current legislation.
2. Goods buy sell, trade across the border to trade in border markets, the market gate, gate Economic Zones in the market must comply with the provisions of this decision.
Article 20. Quarantine for goods purchases, exchanges at the frontier markets, the market gate, gate Economic Zones in market 1. Purchase and sale of goods, the Exchange at the border gate market, market, market in the Economic Zone gate subject to quarantine (health, animals, plants, aquatic) it must implement quarantine mode according to the quarantine procedures of the Ministry of health (for goods subject to quarantine health) The Ministry of agriculture and rural development (for goods subject to quarantine of animals, plants, aquatic products).
2. When goods are imported from a country with borders put on the market or exported from borders to quarantine procedures with the quarantine authorities at the gate, the entrance to open the borders where goods imported or exported.
Article 21. Tax and customs regulations for goods purchases, exchanges at the frontier markets, the market gate, gate Economic Zones in market 1. Traders in border markets, the market gate, gate Economic Zones in the market must comply with the current rules on taxation of Vietnam: value added tax, corporate tax, income tax article subjects, special consumption tax and other taxes (if any).
2. The Ministry of Finance Customs guidelines on sale of goods over the border by traders in border markets, the market gate, gate Economic Zones in the market.
Chapter V TRADE SUPPORT SERVICES in the AREA of the GATE, the ENTRANCE to OPEN the BORDER to article 22. The trade support services in the area of the gate, the entrance to open the border 1. Services in support of implementation of the administrative procedure according to the provisions of the law of the relevant professions.
2. service of storing, forwarding, transporting, storage of the goods.
3. Outsourcing services, packaging, packaging of goods.
4. the stevedoring services, labor, service, hygiene, protection.
5. Support services to enhance the reach and market penetration of countries sharing a border.
6. The services of technical infrastructures, including roads, Home Office, home, products, CCTV, electronic scales, water power stations, waste-collection, fire protection, fire alarm.
7. other support services under the provisions of the current law.
Article 23. Active management trade support services in the area of the gate, the entrance to open the border 1. Active management trade support services at the international gate main gate and follow the provisions of decision No. 45/2013/QD-TTg dated July 25, 2013 of the Prime Minister on the executive regulation activities at the land border.
2. Operations Management for trade supporting services in the extra gate, the entrance to open the border according to the regulations of the Industry. 3. Vietnam traders had no direct investment by foreigners implementation business trading support services in the area of the gate, the entrance to open the border in accordance with the provisions of the current law.
Chapter VI ENTRY and EXIT of PEOPLE and VEHICLES in the BORDER TRADE ACTIVITIES article 24. Immigration and the media of Vietnam 1. Every owner or the person authorized shippers, media owners, who control the means of transportation of goods, the staff on the car, train or boat must have one of the valuable papers used are as follows: the Passport, identity card, passport immigration border region (listing of boats or ships for boat Windows , boat) or the other border crossing documents under the provisions of the law of Vietnam.
Private media operators, in addition to the above stipulations papers also must have a license for media controls match the type of media control.
2. Media Owners, who control the means of transport when the goods on the location in the border area must present or submit the papers according to the provisions of the current law.
3. The media, who control the means of transport of goods and business entities of Vietnam is going through the gate, the entrance to open the border defined in this decision to out or on border markets, the market gate, gate Economic Zones in the market of the country borders, subjected to test control of the force management at the gate, the entrance to open the border; the case of deep domestic borders to conduct exit and entry procedures for people and vehicles in accordance with the current law of Vietnam and the country's borders.
4. The management of Vietnam means going across the border to delivery right at the gate, the entrance to open the border then back in the day and personal means of transport, held in border areas frequently border done in accordance to the law.
5. Persons and means of transport of goods specified in this Article needs to go into the cargo transfer points are defined in the transport agreement between the Government of Vietnam and the country borders to delivery, they must follow the provisions of the agreement, the Protocol and the agreement signed between Vietnam and other countries have borders on immigration and transportation.
Article 25. Immigration and the media of the country borders 1. The population of the country borders are the owners or persons authorized shippers, media owners, who controls the media and staff on the means of transport of the goods of the country borders are according to the means of transport of goods passing through the gate, the entrance to open the border defined in this decision to the point of delivery , received the goods by boat Book, passport, identity card or Paper Passport immigration border region due to the competent agencies of the countries bordering or crossing other border papers according to the current rules of the law of Vietnam.
2. Means of transport of the goods of the country borders are through the gate, the entrance to open borders under the provisions of this decision to the point of delivery, the goods received by the competent authorities of Vietnam stipulates in the border areas.
3. The media and citizens of the country borders are the driver of the means of transportation and business entities of the country borders when, in border markets, bazaars and fairs in Vietnam's border gate economic zone to transport the goods subjected to check control of the State Management Agency specialized in at the gate, the entrance to open the border; When there is demand out of the market range market, border gate and border gate Economic Zone in markets to inland Vietnam must then perform the procedure of exit and entry for people and vehicles under the current provisions of the law of Vietnam.

4. The means of countries bordering on the area of the gate, the entrance to open the borders of Vietnam to delivery then returned to the country in August and personal means of transport, held in border areas frequently border area in the day not to declare to Customs Declaration and submission of the media but subjected to check control of the function body at the gate and present the papers for the customs surveillance, inspection and management.
5. The management of the media of the country bordering on the area of the gate, the entrance to open the borders of Vietnam to delivery right at the gate, the entrance to open the border then back in the day and personal means of transport, held in border areas frequently border done in accordance to the law.
6. The case of media people and borders that needs to go into other venues outside the gate, the entrance to open the border to delivery, they must follow the provisions of the agreement, the Protocol and the other agreements signed between Vietnam and countries bordering on immigration and transportation.
Chapter VII BORDER TRADE STEERING COMMITTEE Article 26. Border trade Steering Committee 1. The Steering Committee of the Central border trade due to the Minister of industry and Commerce Chairman, one Vice Minister of industry and commerce in charge of border trade sector done Deputy Head of Standing Committee. The Committee includes a Vice Minister or the General Director of the Foreign Ministry: Defense, finance, planning and investment, transport, agriculture and rural development, health, public security, culture, sport and tourism and the State Bank of Vietnam.
2. The members of the Steering Committee to work as part-time mode. The Steering Committee used the seal of the Ministry of industry and trade to the transaction. Chairperson promulgated the regulations of the Steering Committee; membership and duties of the Permanent Steering Committee Agency.
3. the Chairperson of the Central border trade committees guide the the border boards direct the province's border trade due to a leader of the people's Committee Chairman, Director of the Department of industry and trade Deputy Minister Standing Committee. The Commissioner is the head of the relevant departments in localities.
Article 27. The duties and powers of the Board directed the Central border trade 1. Help the Prime Minister directs the Organization and coordination among ministries, sectors, localities in managing border trade activities; monitor, test, urge the ministries and people's committees of the province border functions, tasks related to border trade; resolve work related to various ministries, local management of border trade activities.
2. General situation, reviews the results of border trade activities of the ministries, local; the report and the recommendations with Prime advocates, measures, plans and programmes aimed at improving the efficiency of border trade activities.
3. Help the Prime direction congregates at the gate, the entrance to open the border as defined in decision No 45/2013/QD-TTg dated July 25, 2013 of the Prime Minister and this decision; the Commission directs the management of trade support services at the gate, the entrance to open the border.
4. Holding the form of emulation, rewarded by the authority; recommendations to the Prime Minister commended for organizations, individual achievement in border trade activities according to the provisions of the law.
5. The duties and powers as the text direction of the Prime Minister.
Article 28. Cost of operation of the Steering Committee of the border trade is funding the operation of the Steering Committee of the Central border trade and border trade Steering Committee the due State budget guarantee under the provisions of the law on the State budget.
Chapter VIII IMPLEMENTATION Article 29. The responsibility of the Ministry of industry and trade of 1. Hosted, in cooperation with relevant ministries and people's committees of the border Guide and organize the implementation of this decision.
2. Hosted, in cooperation with the ministries concerned to advise the Prime Minister and executive management flexibility, timely border trade activities.
3. Hosted, in cooperation with the ministries concerned and the provincial people's Committee leadership only border, guide, inspect, supervise the management of border trade activities.
4. Cooperation, Exchange and agreement with the competent agencies of the countries bordering on the coordination mechanism in the management of border trade activities.
5. the Chairman, in collaboration with relevant ministries and people's committees of border operations to regulate cross-border sale of goods of traders at the gate, the entrance to open the border in case of likely cargo congestion at the gate, the entrance to open the border, boundary, the risk of environmental pollution , natural disasters, epidemics and other necessary cases.
6. the Chair, in cooperation with relevant ministries and people's committees of border rules for extra gate, the entrance to open the border made the sale, the exchange of goods over the border.
7. in General, the competent level reports periodically or irregularly on the border trade activities.
Article 30. The responsibilities of the ministries concerned 1. The Ministry of defence, in coordination with the ministries concerned and the provincial people's Committee in implementing border management at the gate, the entrance to open the border within the scope of the functions and tasks assigned.
2. The Ministry of finance, in coordination with the ministries concerned and the provincial people's Committee, the border tax policy implementation instructions, fees and charges; Customs formalities for means of exit, entry, export and import commodities in border trade activities; testing procedures, monitoring for the middlemen, shipping goods purchase, exchange of border residents.
3. The Ministry of health, in coordination with the ministries concerned and the provincial people's Committee of border management, implementation guides the work of border health quarantine, food safety inspections in the border trade activities.
4. The Ministry of agriculture and rural development, in coordination with the ministries concerned and the provincial people's Committee of border management, implementation guides the work of animal quarantine, plant quarantine, fishery products in border trade activities.
5. The Ministry of science and technology, in cooperation with relevant ministries and people's committees of border management, implementation guides the work of checking on the quality of the goods in the border trade activities.
6. The Ministry of transport, in coordination with the ministries concerned and the Committee of the border facilitate the development of the transport infrastructure serving the border trade activities; Guide to implementing the relevant provisions for the means of entry and exit across the border.
7. State Bank of Vietnam presided, in coordination with the ministries concerned and the provincial people's Committee of border management, payment instructions in border trade activities.
8. The Ministry of public security, in coordination with the ministries concerned and the provincial people's Committee of border management, implementation guides managing residence, entry and exit of people in border trade activities.
9. The ministries concerned in collaboration with the Industry to guide and steer the management and commercial operations in the scope of border responsibilities, 10. The ministries concerned sent members to join the Steering Committee of the Central border trade as stipulated in this decision to implement interdisciplinary coordination mechanisms on the management and administration of border trade activities.
Article 31. The responsibility of the provincial people's Committee 1. The governing and commercial operations on border management.
2. Implementation of the Executive Director on the activities of border trade Industry, steering the Central border trade and other relevant ministries in the province.
3. Executive Committee the border commercial to make interdisciplinary coordination mechanisms on the management and commercial operations on the border of the province.
Article 32. Effect 1. This decision has effect from January 1, 2016.
2. This decision replaces decision No 253/2006/QD-TTg dated 7 November 2006 from the Prime Minister's management of border trade activities with countries that share borders and decision No 139/2009/QD-TTg dated 23 December 2009 by Prime to modify, complement some of decision No. 251/2006/QD-TTg dated 11 November 2006 Prime Minister's The Government on the management of border trade activities with countries sharing a border.
3. in the implementation process if the text references in this decision to be modified, supplemented or replaced by new text shall apply.
4. where the need for flexible operating border trade activities consistent with socio-economic conditions of each region and in each period, the Prime Minister reviewed the decision adjusting the purchase and sale of goods over the border by traders and residents of the border on the basis of the proposal of the Ministry of industry and trade. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this decision.