The DECISION by the PRIME MINISTER on the management of cross border goods trade with bordering countries _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to Decree No. 58/1998/ND-CP dated 31 July 1998 from the Government detailing the trade Enforcement Act of exportation, importation, processing and sale of goods with agents overseas and Decree No. 44/2001/ND-CP dated 10 August 2001 of the Government on the amendments supplement some articles of Decree No. 58/1998/ND-CP dated 31 July 1998;
Pursuant to Decree No. 02/2003/ND-CP dated 14 January 2003 on the development and management of the market;
Pursuant to the bilateral agreements in the fields of economy-trade was signed between the Socialist Republic of Vietnam and the country borders, DECIDED: chapter I General provisions article 1. Active adjustment range of trade goods cross-border provisions of this decision are: 1. trading activities, the exchange of goods of border residents.
2. at trade fairs, markets and border gate and border gate Economic Zone in the market.
3. import operation of goods across the border under the method not according to international trade practices has been agreed in the bilateral trade agreement between Vietnam and the social Republic bordering countries.
Article 2. Cross-border trade in goods Except prohibited goods prohibited imports, exports, business goods must comply with the provisions in decision No. 46/2001/QD-TTg dated 4 April 2001 of the Prime Minister on the management of the export and import of goods the period 2001-2005 , the relevant decision of the Prime Minister and the text direction of the Ministry of Commerce and the Ministry, specialized agency, the other goods are free to swap, trade, import and export through the border.
Article 3. The quality of cross-border trade in goods 1. The quality of the goods traded across the border must conform with the provisions of the law of Vietnam about the quality management of export and import goods.
2. for imported goods in the category have to quarantine and quality inspection according to the current rules, they must be checked for quality before customs clearance; not to be imported through the gate no plant and animal quarantine points, check the quality of the goods in accordance with the law of Vietnam.
3. authorized the Minister of trade, after the Exchange with the Ministry of agriculture and rural development, the Ministry of health, consideration, have specific operating measures to control the export and import of those items does not guarantee the requirements of hygiene, food safety and consumer health.
Article 4. The payment of 1. Cross-border trade in goods was paid in foreign currency freely convertible or Vietnam and bronze coins of the country borders.
2. Method of payment: due to the buyer, the sale agreement is consistent with the provisions of the State Bank of Vietnam on the basis of agreement on payments was signed between our country and the bordering countries; encouraging business entities pay via bank according to the method: open the letter of credit; barter; Bank payment in foreign currency freely convertible or Vietnam and bronze coins of the country borders.
Article 5. Tax policy 1. Cross-border trade in goods must pay taxes and other fees in accordance with the law of Vietnam and enjoy export tax incentives, tax imports of goods across the border under the bilateral agreement between the Government of the Socialist Republic of Vietnam and the Government of the country borders if any.
2. separate the goods by the residents of the country borders produce imported into the country the Socialist Republic of Vietnam cater to the needs of living, consumer of border residents in the form of purchase, sale, exchange of border residents are exempt from import tax if the value of the goods that do not exceed 500,000 USD/1 person/1 day.
3. other related tax policies implemented under the current rules of the State.
4. The Ministry of finance in cooperation with the Ministry of Commerce of specific implementation instructions.
Chapter II purchase, sale, exchange of goods, border residents, article 6. The subject is buying and selling, bartering border resident citizens have permanent residence in the district adjacent to the border with the country borders are purchase, sale, exchange of items consistent with regulations on cross-border trade in goods are defined in article 2 of this decision.
Article 7. The gate, buying and selling, bartering of border residents 1. The gate was the Government of Vietnam and the Government of the country bordering the open agreement.
2. The gate and the other customs points in the gate economic zone by the Government of Vietnam to allow established.
3. The gate due to the provinces adjacent to the border of Vietnam and the adjacent to the border of the country borders open and agreement are The commercial enabling conduct customs-import and export goods.
4. The trail is a local Government Department provincial border trade association determined according to the applicable laws and regulations of the two Governments.
Chapter III import and export goods across borders article 8. The subject is import and export goods across borders-business unit in the economic sectors registered, established by law in Vietnam.
-Business households in the provinces adjacent to the border of registration prescribed in Decree No. 02/2000/ND-CP dated 3 February 2000 from the Government about business registration.
Article 9. Gate goods import and export through the border 1. The gate was the Government of Vietnam and the Government of the country bordering the open agreement.
2. The gate and the other customs points in the gate economic zone by the Government of Vietnam to allow established.
3. The gate due to the provinces adjacent to the border of Vietnam and the adjacent to the border of the country borders open and agreement are The commercial enabling conduct customs-import and export goods.
 
Chapter IV sale of goods at the border gate market, market, market gate economic zones in article 10. Border markets, the market gate, gate Economic Zones in market 1. Frontier markets are the markets were set up in the border areas on land but not in the Bazaar said in paragraph 2 and paragraph 3 below.
2. gate Market is the market was set up in the border areas on land attached to the gate, export and import of goods but not in gate Economic Zones.
3. gate Economic Zones in the Market is 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.
Article 11. The business entities in the market 1. Business, Vietnam business households have certificate of business registration by the competent authority of the State, are allowed to organize business in border markets, the market gate, gate Economic Zones in the market.
2. enterprises, households and business of the country borders in compliance with the provisions in Decree No. 34/2000/ND-CP dated 18 August 2000 of the regulations on land border of the Socialist Republic of Vietnam and the regulations related to travel, residence and business in border areas : a) are allowed to organize business at the market gate and border markets when the Commerce Department the border business license.
b) business organization allowed in gate Economic Zones in the market when the Economic Zone Management gate-level business license.

3. 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 safety.
Article 12. The fair management 1. The creation (or dissolution) and functions, duties and powers of the management body for the border market market, the market gate follow the hierarchy for each type of market regulation in the Decree No. 02/2003/ND-CP dated 14 January 2003 by the Government on the development and management of the market.
2. 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 as specified in Decree No. 02/2003/ND-CP dated 14 January 2003 by the Government on the development and management of the market.
3. Other content related to the border markets, the market gate, gate economic zones in markets not outlined in this decision made according to the provisions in Decree No. 02/2003/ND-CP dated 14 January 2003 by the Government on the development and management of the market.
4. Regulations on border markets, the market gate, gate economic zones in markets of this decision 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.
Chapter V immigration and the media when exporting and importing goods through the border article 13. And the media of Vietnam 1. Allow means of transportation of Vietnam is going through the gate to the provisions in clause 1, 2, 3 article 9 this decision to to country borders, receive goods under the rules of that country.
2. Vietnam or shippers who are authorized shippers, who transport goods and staff on the means of transport of goods Vietnam was allowed through the gate to the provisions in clause 1, 2, 3 article 9 this decision to to country borders Affairs , received the goods by boat book, passport, border ID or passport to the border by the competent authorities of Vietnam.
Article 14. And the media of the country borders 1. Allow means of transport of goods, borders goes through the gate to the provisions in clause 1, 2, 3 article 9 of this decision to the point of delivery, the goods received by the competent authorities of Vietnam stipulates in the border areas.
2. Owners or neighbors who are authorized shippers, 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 to the provisions in clause 1, 2, 3 article 9 of this decision to the point of delivery , received the goods by boat book, passport, border ID or passport to the border by the competent authorities of the neighbouring countries.
3. where the goods and means of transport the objects specified in paragraphs 1 and 2 of this demand in other locations outside 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 bordering countries of immigration and road transport.
4. The media and who controls the 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 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.
Chapter VI Organization of the implementation of article 15. Handle violation infringement of trade goods across the border will 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.
Article 16. The responsibility of the Ministry of Commerce 1. Ministry of Commerce, in coordination with the ministries concerned, the people's Committee of the border Guide, directing the management and operations of trade goods across the border.
2. authorized the Minister of Commerce established the Steering Committee operate cross-border goods traded by the Ministry of Commerce presiding, representatives of the ministries and the people's Committee of the Frontier province join; build content, regulation of activities (operational funding by the Ministry of Commerce and the provincial people's Committee arrangements) and interdisciplinary coordination mechanism on management, sales operations across the border in accordance with this decision.
The Ministry of trade and the authorities, to coordinate the handling of problems arising in the process of implementation; the Prime report the issues beyond jurisdiction.
Article 17. The responsibility of the people's Committee of the people's Committee of the Frontier province border provinces are responsible for governing all activities operating in goods traded across the border on border areas in their local management; implementation of sectoral coordination mechanisms on the management, sales operations across the border.
Article 18. The responsibilities of the ministries concerned according to the functions, duties, authority, the ministries concerned have the responsibility to coordinate with the Ministry of Commerce and the people's Committee of the Frontier Province, deployed the management according to the provisions in this decision, the maximum facilitation for trade goods across the border of healthy development true, stable and the current rules; implementation of sectoral coordination mechanisms on the management, sales operations across the border.
Article 19. This decision has the effect after 15 days from the date The report. The previous regulation on the management of trade goods across the border contrary to the provisions of this decision are hereby repealed.
Article 20. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, the city in Central, the business owner has business activities in the trade of goods across the border is responsible for guidance and enforcement of this decision.