CIRCULAR guide implementation of decision No. 251/2006/QD-TTg dated 7 November 2006 from the Prime Minister's management of border trade activities with countries sharing a border _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to decision No. 254/2006/QD-TTg dated 7 November 2006 from the Prime Minister's management of border trade activities with countries sharing a border;
Joint Industry, Ministry of finance, Ministry of transport, Ministry of agriculture and rural development, the Health Ministry and the State Bank of Vietnam guide implementation of decision No. 251/2006/QD-TTg dated 7 November 2006 from the Prime Minister's management of border trade activities with countries sharing a border as follows : i. GENERAL PROVISIONS 1. Scope 1.1. The words in this circular is understood as follows: a) "method not according to international practices" is the buyer and the seller is not an agreement about the rules that apply to international practices in contract. International practices in international trade, customs is understood how to do repeat, repeat several times in international trade and related international organizations acknowledge, as general rule INCOTERMS (International Rules for the Interpretation of Trade Terms).
b) "goods by the residents of bordering countries of production" is the origin of the goods the country has land borders with Vietnam produce.
c) "area adjacent to the border with the country borders" is the border area include: the communes, wards and towns are a part of administrative boundary coincides with the national border on the Mainland.
d) "border region" consisting of the province are part of administrative boundaries coincided with national border on the Mainland.
DD) "The point through another gate economic zone by the Government of Vietnam to allow established" was the border point was noted in the decision of the Prime Minister on the regulation of economic activity the gate or the competent authority allowing customs clearance of goods.
1.2. the border trade activities prescribed in this circular are: a) the purchase and sale, exchange of goods to the border residents are the activities dedicated to border residents in accordance with the provisions of article 2, paragraph 2 article 5 and article 6 of decision No. 251/2006/QD-TTg dated 7 November 2006 by the Prime Minister on the management of commercial activities the border with countries sharing a border.
b) trafficking in border markets, the market gate and gate economic zones in the market.
c) activities, the exchange of goods over the border are the subject to the provisions in clause 1, section II and paragraph 1 of section III of this circular conducted according the method not according to international practices.
2. border trade goods goods buy sell, trade, export and import in the form of border trade was made according to the provisions of Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the trade Enforcement Act of purchase and sale of international goods agent activities and purchasing , selling, processing and transiting goods with foreign countries.
3. The quality of the goods to the border trade a) of border health:-all goods trade, cross border transport must declare to the quarantine agency border health (fact checking and processing of medical quarantine is only made for goods bearing the vector germ, infectious diseases and risk factors to community health by the Ministry of Health announced and specified).
-The Department of preventive medicine and environment of Vietnam's Ministry of health agency responsible for implementing the activities of border health quarantine on the area of the country under the provisions of current legislation about health quarantine. The system organization Vietnam border health quarantine made according to the regulations of the Prime Minister.
-Procedure on the order of reality check and quarantine processing done in health quarantine border health of the Socialist Republic of Vietnam.
-When ironing infectious disease occurred in the border areas of the country borders according to the notice of the Ministry of health, the Department of health quarantine Agency Director of deployment health quarantine medical activities in the area through the back to check, monitor, implement measures for processed timely health goods make sure not to spread disease.
b) animal quarantine, plant quarantine, the quarantine of fisheries:-Only the goods belonging to the category of goods export and import in an animal quarantine, plant quarantine, the quarantine of fisheries by the Minister of agriculture and rural development announced the quarantine procedures are new.
-The category of the goods in an animal quarantine, plant exports, imports are the Minister of agriculture and rural development announced in each period.
c) on the control of food safety and hygiene: the goods are imported, exported food across the border must be done according to the Ordinance on food safety.
d) quality control: the goods of the following objects is not checked on the quality: the sale of goods, exchange of border residents; goods brought into the border markets, the market gate, gate economic zones in the market. Of private healthcare and disease unless those goods are the competent authorities informed of the risk of disease can be contagious.
DD) About Rangers work: follow the Decree No. 82/2006/ND-CP dated 10 August 2006 from the Government on the management of export activities, import, re-export, enter from the sea, transit, breeding, raising and planting artificial animals, endangered wild plants rare; Decree No. 32/2006/ND-CP dated 30 March 2006 from the Government on the management of forest plants, endangered forest animals, precious, rare and decision 54/2006/QD-BNN on 5 July 2006 by the Ministry of agriculture and rural development on the announced list of species of wild animals, the provisions in the Appendix of the Convention on international trade in endangered species , endangered wild plants.
e) for medication: follow the pharmaceutical Law No. 34/2005/QH11 on June 14, 2005 and other documents guiding the implementation of this law.
f) for cosmetics: made by decision No. 35/2006/QD-BYT on 10 November 2006, the Minister of Health issued regulations for cosmetics.
4. Payment order a) payment in a sale and exchange of goods, border residents paid in the sale of goods at the border markets, the market gate, gate economic zones in market are made in Vietnam Dong (VND), the currency of the country borders. The case of payments in foreign currency freely convertible, only be performed with the object Exchange as prescribed by the State Bank of Vietnam.
Payment of import and export goods across the border under the method not according to international practices is made in foreign currency freely switch, Vietnam or the currency of the country borders.
b) method of payment in cash or non-cash purchase agreement by the parties in accordance with the regulations on Foreign Exchange Management of Vietnam and the country borders.
c) bringing Vietnam Dong and cash of the country borders through border gate to make payments according to the contents specified in point a, paragraph 4 above shall comply with the applicable regulations of the State Bank of Vietnam on foreign currency cash and carry Vietnam in cash upon entry and exit.
d) the parties to a sale, Exchange, import and export of goods across the border is the choice of the form of payment in accordance with the current rules of the State Bank of Vietnam.
5. taxes and fees policy a) for goods traded across borders: pay taxes and fees (if any) prescribed by the law.
b) duty free goods limit imports not exceed 2,000,000 VND//6 d is applied to the objects meet the following criteria:-is the Vietnam border residents or residents of the borders of the three countries sharing a border (China, Laos, Cambodia) crossing the border to present proof to the border or border pass by the competent authorities of the two countries.
-The goods are manufactured in the country borders. Goods produced in third countries do not enjoy the tax exemption limit.
c) tax policy for goods purchased by residents of the border area would be industry-hịên pursuant to the trade-industry.
d) the goods are products can't cut loose, if a product unit values exceeding this limit, you must pay tax exceeding section (including whole plants, raw, raw fucking, raw).
DD) of goods in the tariff quota categories were produced in the country borders, if by residents of the border trade also enjoy duty free limit mentioned above.
e) other related tax policies implemented under the current rules of the Ministry of finance.
II. PURCHASE, SALE, Exchange Of BORDER RESIDENTS 1. The subject is buying and selling, the exchange of goods over the border citizens have permanent residence in the border area of Vietnam and of the China, Laos, Cambodia is buying and selling, exchanging the items fit the regulation on cross-border trade in goods that are prescribed in clause 2 Section I of this circular and enjoy duty free quota outlined in point b, paragraph 5, section I above.
2. The gate, places to buy sell swap cross border goods made by decision No. 254/2006/QD-TTg dated 7 November 2006 from the Prime Minister's management of border trade activities with countries sharing a border.
3. Customs procedures for goods purchase, sale, exchange of border residents: performed under the provisions of the customs law customs records: a)-shippers export process border ID or passport to the border by the competent agencies of the countries sharing a border to enjoy tax exemption limit.

-Buy and sell goods, exchange of border residents not requiring customs declaration on goods within the norms stipulated in point b, paragraph 5, section I of this circular; for the goods exceeding the limit are on African trade declaration section beyond that limit.
-Buy and sell goods, exchange of border residents if exceeding the prescribed limit, then the customs tax calculation directly on the Declaration of import/export goods trade norms beyond part African.
-Buy and sell goods, exchange of border residents do not have to file the certificate of origin (c/o). The determination of origin of goods for this case based on the actual inspection of the customs officer.
b) goods: reality check-check only for cases through monitoring see quantitative ability tax free, are contraband. The basis for the calculation of the value of the goods is based on market prices at that point of the border region.
-For shipment has opened export declarations, import Africa trade, the reality check of the goods must comply with the provisions of the current law.
c) Where no customs, border guard made according to the provisions in clause 3.
III. EXPORT And Import Of GOODS OVER The BORDER 1. Vietnam is subject to import and export goods across a border) traders to Vietnam.
b) Households in border provinces business was established to register under the provisions of Decree No. 88/2006/ND-CP on August 29, 2006 by the Government on business registration.
2. import and export cargo gate across the border a) international border gate was opened for people, vehicles, or goods of Vietnam, the country borders and third countries import over national boundaries.
b) main gate is open to people, vehicles and goods of Vietnam and the country borders, enter through the border countries.
c) gate and other customs points in gate economic zone by the Government of Vietnam to allow established.
d) extra gate is open to people, vehicles and goods of Vietnam and the country borders in the area of the border, the border crossing country borders.
DD) where the goods under the contract and non-commercial trade of third countries or of the country borders would like to export, enter through the side gate or customs border gate economic zones beyond the shippers or the representative must have text suggest Chairman decision allows border if customs that meet the following criteria :-must have specialized functions force customs, quarantine, border.
-This decision only applied to each shipment, each contract and has a time limit.
-Decisions submitted to the Industry, the Finance Ministry and the ministries concerned.
3. Customs procedures for import and export goods across borders: follow the provisions of the customs law a) with regard to imports:-customs declarations: Declaration of use imported goods according to the customs declaration by Ministry of finance regulations.
-The documentation concerning the customs records, customs procedures for export and import goods under a contract of sale by the Ministry of finance regulations, except in invoices and commercial contracts.
-Must have a medical quarantine certificate by the medical quarantine Agency (for goods subject to health quarantine); and check the State registration certificate of quality goods for goods subject to inspection.
-Imported goods over the border to enjoy the preferential import duties if eligible under a bilateral agreement between the Government of Vietnam and the Government of the country borders; the customs declarations, submit a certificate of origin (c/o) for goods enjoying preferential import tax, follow circular No. 59/2007/TT-BTC on 14 June 2007 of the Ministry of Finance shall guide the implementation of export tax, import, and circular No. 45/2007/TT-BTC on May 7, 2007 of the Ministry of Finance shall guide the implementation of the import tax a special password. For cases applying the tariff special import object must present a certificate of origin of goods-C/O (except where the total value of the shipment (FOB) does not exceed 200 USD).
-Check the fact of goods made under the provisions of the applicable customs laws.
b) for export customs declarations:-: + case goods exported under a contract of purchase and sale: use according to the customs declaration by Ministry of finance regulations.
+ Case goods exported without purchase contracts: use the export declaration to the border by the Ministry of finance regulations.
-The documentation concerning the customs records, customs procedures for export and import goods under a contract of sale made under the provisions of the applicable customs laws.
-Must have a medical quarantine certificate by the agency-level medical quarantine for goods exported to medical quarantine at the request of the importing country or at the request of shippers.
-Goods exported across the border to enjoy export tax incentives under a bilateral agreement between the Government of Vietnam and the Government of the country borders.
IV. SALE Of GOODS At The BORDER MARKETS, The Market GATE, GATE ECONOMIC ZONES In MARKET 1. Border gate market, market, market of a border gate economic zone in) border Market is the market was set up in the border areas on land in Vietnam territory but not in the Bazaar said in point b and c below.
b) gate Market is the market was set up in the border area on land in the territory of Vietnam attached to the gate, export and import of goods but not in gate economic zones.
c) gate economic zones in the Market is that the market was set up in the gate economic zones according to decision No. 53/2001/QD-TTg dated 19 April 2001 of the Prime Minister on the policy for border gate economic zone.
2. The subject business at the border gate market, market, market gate economic zones in a) enterprises, households have Vietnam business business registration certificate by the competent authority of the State, are allowed to organize business in border markets, the market gate, gate economic zones in the market.
b) businesses, business households of the country borders must comply with the provisions in Decree No. 34/2000/ND-CP dated 18 August 2000 by the Government on the regulations on land border of the Socialist Republic of Vietnam and the provisions related to the , residence and business in border areas:-allowed business at the market gate and border markets when the specialized management of commercial activities at the borders of the business license.
-Business organizations are allowed in gate economic zones in the market when the economic zone management gate-level business license.
c) citizens of the country borders when allowed business at the border gate market, market, market of economic zones in the gate and have a business license in the aforementioned market also in duration if there is demand staying in Vietnam will be the competent authorities of Vietnam consider certificate or card under the guidance of the Ministry of Public security. 3. Management of border markets, markets, markets and economic zones in the gate a) Job creation (or dissolution) and functions, duties and powers of the management bodies the Bazaar (or the type of business the market organisation) for the border markets, the market gate follow the hierarchy for each type of market regulation in the Decree No. 02/2003/ND-CP on January 14 in 2003 the Government develop, manage, market, and the circular, a decision of the relevant ministries about the functions, duties, powers and organization of the fair Management Committee (or the type of business organization fair).
b) gate economic zones in the Market due to Major Economic Zone Management gate decided to establish (or abolished) and functions, duties and powers of the management bodies the Bazaar (or the type of business organization fair) as stipulated in Decree No. 02/2003/ND-CP dated 14 January 2003 from the Government on development management, markets, and the circular, a decision of the relevant ministries about the functions, duties, powers and organization of the fair Management Committee (or the type of business organization fair).
c) other content related to the border markets, the market gate, gate economic zones in markets not outlined in this circular to follow the provisions in Decree No. 02/2003/ND-CP dated 14 January 2003 by the Government on development, market management, and the circular, a decision of the relevant ministries about the function duties, powers and organization of the fair Management Committee (or the type of business organization fair).
d) regulations on border markets, the market gate, gate economic zones in markets outlined in this circular if there are differences compared to the bilateral agreement between the Government of the Socialist Republic of Vietnam and the Government of the country borders shall follow the bilateral agreement was signed between the two Governments.
4. Customs procedures for goods being traded, exchanged at the border gate market, market, market gate economic zones in customs procedures for imports of goods put on the market, the market frontier gate, gate economic zones in market are made as customs procedures for goods imported through the border referred to in paragraph 3 Section III of this circular.
V. IMMIGRATION and MEDIA RELATED to IMPORT and EXPORT GOODS ACROSS BORDERS 1. And the media of Vietnam a) owners, who control the means of transportation of goods, the staff on the car, train or boat must have one of the valuable papers using the following: Passport, ID, border, boundary pass, (boat or window contacts for ship crews , boat) or the other border crossing documents under the provisions of the law. Private media operators, in addition to the above stipulations papers also must have a license for media controls match the type of media control.
b) vehicle, the driver of the goods when the means of transport to the location in the border area must present or submit the papers according to the regulations.

c) who controls the media on border markets, the market gate, gate economic zones in markets subject to check, control of the State administration specialization at the gate; If deep inland to conduct export entry.
d) health quarantine for entry, exit: people, means of entry, exit to conduct border health quarantine under ordinances of the Ministry of health of border health.
DD) for cars going across the border to Vietnam export import, receive, right at the gate then turn back on right in Vietnam and foreign cars on Vietnam gate area for delivery of imported or exported goods then get back on the water , do not require publicly and filed the papers as specified above.
e) Customs procedures for import and export transportation, transit through the Gates:-for cars transport goods entry, exit, transit: is done according to the regulations of the Ministry of finance.
-For vehicles temporarily enter the temporary export, re-export re-entering leases made under the guidance of the Ministry of finance.
f) means of transport for goods and objects specified in point a of this paragraph needs to go to the point of transfer of the goods specified in the transport agreement between the Government of Vietnam and other countries bordering or in other places outside the area of the border gate economic zones to goods they must follow the provisions of the Treaty , Protocol and the other agreements text signed between the Socialist Republic of Vietnam and the bordering countries of immigration and transport goods.
2. Persons and means of foreign borders a) allows the transportation of foreign goods that share the border goes through the gate specified at points a, b, c, d, e clause 2 of section III of this circular to the point of delivery, the goods received by the competent authorities of Vietnam stipulates in the border areas.
b) Only allow the transport of animals, animal products in regulation have to quarantine through the border after it has been disinfected according the detoxification.
c) foreign citizens and borders is the shippers or shippers who are authorized, the person who controls the media and staff on the means of transport of the goods the country borders are according to the means of transport of goods passing through the gate specified in the point a , b, c, d, e clause 2 of section II of this circular to the point of delivery, receipt of the goods by boat book, passport, border ID or passport to the border by the competent authorities of the neighbouring countries.
d) the media and citizens of foreign borders was the controllable means of transport of the goods the subject of trading borders when out on border markets, the market gate and gate economic zones in market to transport goods to be visa-free entry , exit Vietnam and subjected to the test, take control of the State administration specialization at the gate; When needs go out of the range of border markets, the market gate and gate economic zones in markets to enter the Inland Vietnam must then perform the procedure of exit and entry for people and vehicles according to the provisions of the law of Vietnam. The Immigration Administration (Ministry of public security) will consider granting a visa right at the border gate economic zone.
DD) where the goods and means of transport the objects specified in point a, c this paragraph needs to go to the other location outside the area of the border gate economic zones and for delivering goods, they must follow the provisions of the agreement, the Protocol and the other agreements text signed between the Socialist Republic of Vietnam and the country borders on immigration and transportation.
e) quarantine for foreigners:-The entry into Vietnam from the disease to quarantine dangerous infectious disease must declare to health quarantine agency border health. The Ministry of health specifies the contents and health declaration procedures.
-When the disease to quarantine or dangerous infectious disease spread in Vietnam gate, the border health quarantine to vaccination prevention for foreigners when they ask.
VI. IMPLEMENTATION 1. Handling violations in border trade activities shall be dealt with pursuant to the provisions of the Decree on sanctioning administrative violations in the field of Government and legal documents related to the law of Vietnam.
2. The responsibility of the Ministry of industry and Trade Ministry of industry and trade, in collaboration with the ministries concerned, the province people's Committee decision to base border of 254/2006/QD-TTg dated 7 November 2006 from the Prime Minister's circular, this and other legal documents related to other Vietnam's Guide directing the management of commercial operations and the border.
3. The responsibilities of the ministries concerned a) taken seriously the decision No. 254/2006/QD-TTg dated 7 November 2006 from the Prime Minister's and instructions of circular provisions.
b) send representatives to join the Steering Committee of border trade in the Industry. c) check regularly, urging implementation of decision No. 251/2006/QD-TTg dated 7 November 2006 from the Prime Minister's circular and this guide and coordinate the handling of problems arising in the process of implementation.
4. The responsibility of the people's Committee of a Frontier Province) responsible for governing all operating commercial activities border on border areas in their local management; strict implementation of the interdisciplinary coordination mechanisms on the management and administration of border trade activities.
b) Delivery Management specialization of commercial activity in the province is the focal agency helps people's Committee on border trade management.
c) subject to the direction on the management of border trade of commercial operations Steering Committee and the ministries concerned.
VII. EFFECT of this circular effect after 15 days from the date The report.
Abolish circular No. 05/2004/TTLT-BTM-BTC-BGTVT-BNN & RURAL DEVELOPMENT-BYT-BTS-NHNN dated Jan. 17, 2004, and the regulation by the Ministry and the local issued contrary to the provisions of decision No. 251/2006/QD-TTg on October 07 2006 tháng11 of the Prime Minister and to the provisions of this circular.