Nghị định 32/2005/NĐ-CP về Quy chế cửa khẩu biên giới đất liền

DECREE

ON LAND BORDER-GATE REGULATION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 17, 2003 Law on National Borders;
At the proposal of the Minister of Defense,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree provides for the land border-gate regulation; provides for activities of exit, entry, transit, export, import (referred to as exit, entry for short) through land border gates by people, means, goods and other activities in border-gate areas with a view to managing and protecting the national border sovereignty and security.

Article 2.- Land border-gates (hereinafter referred collectively to as border gates) shall include international border-gates, principal border-gates and auxiliary border-gates, which are opened on land routes, railways lines, inland waterways in the border regions under the Agreements on Border Regulations, concluded between the Government of the Socialist Republic of Vietnam and the Governments of neighboring countries for exits, entries and travels across national borders.

Article 3.-

1. International border-gates are opened for cross-national border exits and entries of people, means and goods of Vietnam, neighboring countries and third countries.

2. Principal border-gates are opened for cross-national border exits and entries of people, means and goods of Vietnam and neighboring countries.

3. Auxiliary border-gates are opened for cross-national border exits and entries of people and goods of Vietnam and neighboring countries in border zones and border regions.

4. The upgrading of border-gates and the identification of land routes, railway lines and inland waterways to be used for transit shall be decided by the Government in accordance with Vietnamese law or international treaties which Vietnam has signed or acceded to.

Article 4.-

1. The specific scopes of international border-gate and principal border-gate areas shall be determined by provincial-level People’s Committees after consulting with the Ministry of Defense, the Ministry of Public Security and the concerned ministries and/or branches, and be reported to the Prime Minister for decision.

2. The specific scopes of auxiliary border-gate areas shall be determined by provincial Border-Guard Commands, which shall consult with the provincial Police Departments as well as the concerned branches, ask for comments on plannings by the district-level People’s Committees of the localities where exist the border-gates and report to the presidents of the People’s Committees of the provinces where exist the border gates for decision.

3. The border-gate areas shall be implanted with “ Khu Vuc Cua Khau” (border-gate area) signboards made according to a form set by the Ministry of Defense and implanted at places where they can be easily spotted.

4. The control areas shall be established at the border-gates for competent State bodies to inspect, control and carry out procedures for, exits and entries in accordance with law.

Article 5.- All activities of Vietnamese and foreign agencies, organizations, individuals and means in the border-gate areas must comply with the provisions of this Decree, relevant legislation and international treaties which Vietnam has signed or acceded to; in cases where the international treaties which Vietnam has signed or acceded to contain different provisions, the provisions of such international treaties shall apply.

Chapter II

PROVISIONS ON EXIT, ENTRY OF PEOPLE, MEANS, GOODS

Article 6.-

1. Vietnamese citizens carrying valid passports or laissez-passers may exit and enter via Vietnamese border-gates.

2. Vietnamese citizens residing in border areas, when traveling to border areas of neighboring countries, must acquire laissez-passers or border identity cards, certificates issued by commune/ward/township People’s Committees or police offices.

Article 7.-

1. Foreigners entering and exiting Vietnam must have valid passports or passport substitutes (referred collectively to as passports) and must get visas issued by competent State bodies of Vietnam, except for cases of visa exemption.

2. Persons residing in border areas of neighboring countries, when traveling to border areas of Vietnam, must acquire laissez-passers or border identity cards as provided for by the Agreements on Border Regulations, concluded between Vietnam and the concerned neighboring countries.

Article 8.-

1. For Vietnamese and foreign means exiting and entering through border-gates,  the following papers are required:

a) Means registration paper;

b) International transportation permit;

c) Passenger, cargo transportation permit (if any);

d) Technical safety and environmental protection certificate.

2. For means operators, passengers onboard the means and goods, the following papers are required:

a) The papers defined in Articles 6, 7 and 9 of this Decree;

b) The driving license (for means operators).

Article 9.- Goods exported, imported or transited and transport means exiting, entering or transiting through border-gates must be fully accompanied with valid papers and comply with the principles and procedures prescribed by customs legislation as well as relevant legislation of Vietnam and international treaties which Vietnam has signed or acceded to.

Article 10.- The procedures for cross-national border travels via auxiliary border-gates shall be carried out at border-guard control stations according to law provisions.

Chapter III

MANAGEMENT OF ACTIVITIES IN BORDER-GATE AREAS

Article 11.- A border-gate area shall cover:

1. The transit area (for international border-gates).

2. The area for inspection and control of means, goods upon their exit and entry via border-gates.

3. Pre-procedure waiting lounge.

4. The area for carrying exit and entry procedures by functional bodies.

5. Working offices of functional bodies and relevant agencies.

6. The area of storehouses and/or yards for goods rallies before their export, import.

7. Duty-free shop areas.

8. Trade and service areas.

9. Car park and stop areas.

10. Restricted areas; other areas (if any)

Article 12.-

1. Persons allowed to temporarily reside in border-gate areas:

a) Officers, soldiers, employees of specialized State management bodies and relevant agencies with headquarters or working offices in border-gate areas;

b) Employees of agencies or organizations, and individuals, that conduct service and/or trade activities in border-gate areas.

2. For cases of compulsory stay in border-gate areas for reasons of incompletion of exit procedures for people and/or means, of export procedures for goods or broken means, the temporary stay registration is required as provided for and subject to inspection and control by border-guard stations at the border-gates.

Article 13.-

1. Service and trade activities of employees of agencies or organizations or of individuals in border-gate areas must be licensed by competent People’s Committees or specialized management bodies.

2. Persons, means and goods, when on exit or entry via border-gates, must acquire all valid papers and be subject to inspection and control by competent bodies at border-gates as provided for by law.

Article 14.- In border-gate areas, all activities of people and means must comply with the Government’s stipulations on border region regulation, the provisions of this Decree and be subject to the guidance, inspection and control of competent bodies according to law provisions.

Article 15.- The following activities are strictly prohibited in border-gate areas

1. Acts of changing signs, directions of national- border lines; changing the natural flows of border rivers, streams; damaging national border markers and other works, border-gate area, border belt or restricted area signboards.

2. Using forged passports, papers; organizing, leading the way for or transporting people in, illegal exits or entries.

3. Inciting or committing acts of undermining security, fomenting public disorder, failing to abide by or obstructing the inspection and/or control by specialized management forces; using, trading, transporting, dispatching poisonous materials, papers, books, cultural products.

4. Smuggling, illegally transporting or using goods, money, assorted weapons, explosives, inflammables, toxins, radioactive substances, drugs, and other goods banned from export and/or import by the State.

5. Trafficking women, children.

6. Using means to see off, receive persons or carry, load, unload goods not at the permitted places, or to enter restricted areas.

7. Exiting, entering border-gate areas by people or means without adequate papers and with failure to carry out the prescribed procedures.

8. Discarding assorted wastes, thus causing unhygiene and/or environmental pollution.

9. Other activities at variance with current law provisions.

Chapter IV

RESPONSIBILITY FOR MANAGEMENT OF VIA-BORDER GATE EXIT AND ENTRY ACTIVITIES

Article 16.-

1. The Government shall perform the unified management of via-border gate exit and entry activities nationwide.

2. The ministries and functional agencies shall, within the scope of their tasks and powers, have to direct and guide the specialized forces and agencies under their respective management at border-gates to inspect, control and carry out procedures for exits and entries according to law provisions.

3. The provincial-level People’s Committees of the localities where exist border-gates shall consult with ministries or functional branches in border-gate planning and construction, ensuring exit, entry, inspection and control activities in border-gate areas.

Article 17.- In cases of defense, security or other special reasons or requests by concerned countries, the competence to decide on restriction or temporary cessation of activities and travels across borders is provided as follows:

1. The Prime Minister shall decide on restriction or temporary cessation of activities at international border-gates at the proposal of the Defense Minister; for other cases, the law provisions shall be complied with.

2. The provincial-level People’s Committee presidents shall decide on restriction or temporary cessation of activities and travels across borders at auxiliary border-gates at the proposals of provincial-level Border Guard commanders.

3. The provincial-level Border-Guard commanders shall:

- Decide on restriction or temporary cessation of activities at principal border-gates (excluding international border-gates) for not more than 6 hours.

- Decide on restriction or temporary cessation of activities at auxiliary border-gates or provisional passages for not more than 12 hours.

4. Border-guard station commanders are entitled to decide on restriction or temporary cessation of activities at auxiliary border-gates or provisional passages for not more than 6 hours.

Article 18.-

1. In areas of international border-gates and principal border-gates, the control stations shall be built under unified plannings, ensuring that the specialized State management agencies operate in the control chain:

Exit gates: Customs - (medical, animal, plant) Quarantine - Border Guard;

Entry gates: Border Guard - (medical, animal, plant) Quarantine - Customs.

2. At auxiliary border gates, the control stations shall be built under unified plannings of provincial-level People’s Committees.

3. The specialized State management agencies operating at border-gates shall be given working offices within the control stations, suitable to their respective functions and tasks.

Article 19.-

1. The specialized State management agencies at border-gates shall operate according to their law-prescribed functions, tasks and powers and have the responsibility to coordinate with one another in performing tasks and settling matters arising at border-gates.

2. Officers, men and employees of specialized State management agencies at border-gates, while performing their duties, must wear uniforms, badges and control insignia according to regulations.

Article 20.- Border-gate border-guard station commanders shall assume the prime responsibility for, and coordinate with specialized State management agencies at border- gates and local administrations in handling matters related to activities of managing and defending national border sovereignty and security, maintaining security, order and social safety in border-gate areas.

Chapter V

COMMENDATION AND HANDLING OF VIOLATIONS

Article 21.- Agencies, organizations and individuals that record outstanding achievements in the implementation of this Decree shall be commended/rewarded according to law provisions.

Article 22.- All acts of violating the provisions of this Decree by organizations or individuals shall be handled according to law provisions.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 23.- This Decree takes effect 15 days after its publication in the Official Gazette. Previous regulations contrary to this Decree shall all be annulled.

Article 24.-

1. Annually, the Ministry of Defense shall coordinate with the Ministry of Finance and the Ministry of Planning and Investment in making budget estimates for implementation of this Decree.

2. The Ministry of Defense shall assume the prime responsibility for, and coordinate with the concerned ministries and branches in, guiding and inspecting the implementation of this Decree.

Article 25.- The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.

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