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0774/decision 1998/qd-Btm: Issued A Temporary Regulation On The Organization And Management Of The Market In China-Vietnam Border Areas

Original Language Title: Quyết định 0774/1998/QĐ-BTM: Ban hành Quy chế tạm thời về tổ chức và quản lý chợ trong khu vực biên giới Việt - Trung

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The decision on issuing the temporary regulation on the Organization and management of the market in the Vietnam-China border areas MINISTER of TRADE pursuant to Decree No. 95/CP on December 4, 1993 by the Government on the functions, duties, powers and organization of the Ministry of Commerce; Text base of 177/KTTH-m on 9 June 1997 by the Office of the Government on the reported comments of the Prime Minister for authorization of trade issued a temporary regulation on the Organization and management of Chinese-Vietnam border market;
In order to unify the Organization and management of the active circulation of goods in the border areas of Vietnam consistent with the temporary agreement about solving the jobs on the border of China and the laws of each country, promote productive development, contributes to improve the life of fellow border region;
 
Article 1 DECISION. Today issued the "interim regulations on the Organization and management of the market in China-Vietnam border areas" attached to this decision.
Article 2. Chairman, commercial Director for the province on the northern border, the head of the Agency under the Ministry of Commerce is responsible for implementation of this decision.
This decision takes effect from the date of signing.
The TEMPORARY REGULATIONS on the ORGANIZATION and MANAGEMENT of the MARKET in CHINA-Vietnam border AREAS (attached to decision No 0774/1998/QD-BTM 4th of July 1998 by the Minister of trade) chapter I GENERAL PROVISIONS article 1.-A these rules apply to the bazaar on the territory of Vietnam is located in the border area between the Vietnam-China , (hereinafter referred to as the China-Vietnam border market).
Article 2.-the market in China-Vietnam border gate economic zones are governed by separate rules.
 
CHAPTER II SUBJECTS and CONDITIONS on BUSINESS at the FAIR article 3.
3.1. The population of Vietnam have permanent residence in the border area are allowed to enter the border market to swap, buy and sell goods. The population of Vietnam have permanent residence outside the border areas when the border market on the Exchange, purchase and sale of the goods must comply with the regulations of the border area attached to the Decree 99/dated 28/3/1992 of the Council of Ministers (Government).
3.2. The Chinese citizen resident in the border area of China, have your pass immigration border region due to the competent authorities of China are on Vietnam's border Market to swap, buy and sell goods and comply with the provisions stated in article 5 below.
Article 4.
4.1. If Vietnam's traders are the fair Management Committee approved the layout border locations of shops, boutiques, then allowed trading in the market.
4.2. Chinese traders if there is enough the following conditions shall be considered the grant of business book in the market: Chinese citizens residing in the border areas of China, has a passport by the Immigration Agency to have the authority of China.
Have the application state management agencies of Vietnam regular business in Vietnam's border markets, including confirmation of the authorized under the provisions of the law of China (form No. 1).
4.3. Based on the needs of the local market and the possibility of arranging sales venues in frontier markets, commercial Director, the Chairman of the border decided the number of Chinese merchants were allowed to trade in markets of Vietnam's borders.
After the Chairman decided, the Department of trade of Vietnam's border province-level shared border market business (form No. 2) and the Department of Commerce report list of Chinese citizens are allowed to trade in the PPC market. Management of business location layout market.
CHAPTER III SWAP, BUY and SELL GOODS at the FLEA MARKET article 5. Commodity management: 5.1. Buy and sell goods in the market is allowed to circulate on the market under the provisions of the law of Vietnam.
5.2. bringing goods across the border is done according to the current rules on the management of export, import of the State of Vietnam.
Article 6.
6.1. The Chinese citizen say in point 3.2 of article 3 of this regulation are on Vietnam's border market to swap, buy and sell goods to serve the needs of the daily activities of the non-family business with value not exceeding 200,000 Vietnam Dong/weekly/day people are exempt from taxes.
The case of the value of the goods exceeds 200,000 Dong/weekly/day people (including whole plants, raw piece) must be approved by Customs and import-export tax the part exceeding the value of the goods defined above.
The value of the tax free goods will be the Ministry of Commerce to adjust depending on the particular conditions in each period.
6.2. Chinese merchants have been trading level window business in Vietnam border market only to be taken over the gate and the sale at border markets with sales not exceeding 100 million VN/month and in accordance with the following: when sales exceed 50 million VN/month, the sales turnover does not exceed the sales of the goods purchased.
The list of goods brought in through the gate to make the provisions on the management of goods export, Vietnam's imports, payable taxes and fees in accordance with the law of Vietnam.
Article 7. In frontier markets are allowed to use Vietnam Dong and Dong Yuan as payment.
CHAPTER IV ORGANIZATION and MARKET MANAGEMENT article 8. The authority to establish and dissolve.
Frontier markets due to the Chairman of the border based on the provisions of this regulation, the relevant provisions and specific local situation to a decision established or abolished according to the recommendation of the Director of the Commerce Department.
Finance-commercial help districts organize and manage the market.
Article 9. The fair management.
in each border markets have established market management and perform functions consistent with circular No. 15/TM-CSTTTN 16/10/1996 of the Ministry of Commerce.
Article 10. Obligations and rights of business people.
10.1. the observance of State laws and other regulations Vietnam are related to the trade in the market place in the border areas. 10.2. ensure hygiene of environment and order the place of sale.
10.3. Rights Are legitimate business prescribed by law.
10.4. Help, guidance, enhance business performance.
10.5. The purchase and sale of goods has the right to request the fair management and the State Management Agency resolve the dispute about the quantity and quality of goods, of order safe while buying and selling in the market.
Article 11. Of financial markets: the market's financial and other management requirements not stated in these rules follow instructions in circular No. 15/TM CSTTTN 16/01/1996 of the Ministry of Commerce.
Chapter V IMPLEMENTATION article 12. When the decision to establish fair, PPC border: 12.1. Identify market locations consistent with circular No. 1393/TT-LB on 25/5/1992 of the Ministry of Foreign Affairs-interior – border Committee to guide the implementation of the interim agreement on the resolution of the work on the border region between the two countries, the Government of Vietnam SOCIALIST REPUBLIC and the Government of the PRC.
12.2. To notify the respective Provincial Government of China knew about the open border market undertakings in the gate according to the agreement in "temporary agreement about solving the work on the border region between the two countries, the Government of Vietnam SOCIALIST REPUBLIC and the Government of the PRC".
12.3. Based on specific local characteristics, commercial Director, relevant industries and the DPCs have border market issued specific regulations on the management of local markets in accordance with these rules and circular No. 15/TM-CSTTTN 16/10/1996 of the Ministry of Commerce.
The local regulations issued are listed clearly in the market by both the South Vietnamese and Chinese.

Article 13.-the Mission of the Department of trade-Vietnam border province: 13.1. Organize the business book for level objects mentioned in clause 4.2, article 4 above. Window business in the market due to the Ministry of Commerce issued the form.
13.2. Financial room guide-commercial organization and market management according to the instructions in circular No. 15/TM CSTTTN on 16/10/1996 and the provisions of this regulation.
13.3. Periodically 3 months, the Commerce Department reported the situation to buy and sell goods at the border market according to the prescribed form (form No. 3).
FORM No. 1 APPLICATION for REGULAR BUSINESS in BORDER MARKETS...........
Dear Mr. Director of the commercial Department ... ...
(Via finance-commercial district........)
1. They, name: 2. Nationalism: citizenship: 3. Address: Head Office: place of registration of permanent residence: telephone, Telex, Fax: 4. Member: Vietnam: Money In the Bank: Exchange: at the Bank: 5. The account holder: 6. Capital: of which: Fixed Capital: capital: 7. Please allow business in the market sector: 8. items, please allow trading in border markets.
a. Orders from foreign countries take turns selling: name: expected turnover/year: b. purchase from Vietnam border market brought to foreign countries: name: expected turnover/year: 9. Gate for permission to bring the goods back (Vietnam): 10. Commitment: I assure the contents stated in the application is true.
If there is wrong I'm responsible to the law of Vietnam. When approved, I'm committed to comply with the laws and regulations of the State of Vietnam.
Confirmation of the Government Made in the ... ... on .../.../199 basis of CN Who do single confirmed he (she) is a citizen of China, qualified the behaviour according to the provisions of the law (stating your name, position of the signature and stamp) MODEL NO. 2, HO CHI MINH CITY PEOPLE'S COMMITTEE ... ... The SOCIALIST REPUBLIC of VIETNAM, the DEPARTMENT of TRADE independence-freedom-happiness No... ... BUSINESS BOOK XNKBG GOODS at the FRONTIER MARKETS: markets Name..............
 
 
 
 


 

 

 

Date of purchase from CN about (NK) or sell from VN (XK) the name of the row number of the value (1000) tax money already paid (1000) officers check out tax invoices


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 



 



 



 



 



 



 


 
Note: columns 1, 2, 3, 4, 5, 6 by the record business.
 
No. 3 SAMPLE COMMERCIAL DEPARTMENT of the SOCIALIST REPUBLIC of VIETNAM PROVINCE, HO CHI MINH CITY ... ... independence-freedom-happiness..........., on September ... in 199 REPORTS. ...
Figures on sale and purchase of the goods of the object granted business book in frontier markets (General requirements the right model and the right time: 3 months/times) sales: households i. II. Goods taken across the border to sell in Vietnam market: every Name unit number of gate value notes 1. Tổng trị giá



 



 



 



 



 



2. Mặt hàng chính



 



 



 



 



 



...



 



 



 



 



 


 
III. The goods purchased from the Vietnam market to sell across the border: row Name unit number of gate value notes 1. Tổng trị giá



 



 



 



 



 



2. Mặt hàng chính



 



 



 



 



 



...



 



 



 



 



 


 
IV. Amounts collected at the gate of the month: (million). The difficulties and suggestions of local: TM/COMMERCIAL DIRECTOR (signature, stamp): ethnic name: citizenship: residence address: capital: the airline industry allowed trading: trading in the markets: goods brought in through the gate : valuable Book to the end of the day: ... ... ... ....

On ..., ... in 199 ...

Commercial Director (signature, stamp) BUSINESS GOODS TRACKING