Circular No. 01/2018/TT-BCT dated February 27, 2018 of the Ministry of Industry and Trade on prescribing in detail goods traded or transferred via secondary border gates and border crossings by traders

CIRCULAR

Prescribing in detail goods traded or transferred via secondary border gates and border crossings by traders^[1]

Pursuant to the Government’s Decree No. 98/2017/ND-CP of August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 14/2018/ND-CP of January 23, 2018, detailing border trade activities;

At the proposal of the Director of Import and Export Department,

The Minister of Industry and Trade promulgates the Circular prescribing in detail goods traded or transferred via secondary border gates and border crossings by traders.

Article 1.Scope of regulation

This Circular prescribes in detail goods traded or transferred via secondary border gates and border crossings by traders under Chapter II of the Government’s Decree No. 14/2018/ND-CP of January 23, 2018, detailing border trade activities.

Article 2.Subjects of application

1. Traders, organizations and individuals participating in cross-border trading or transfer of goods.

2. Agencies and organizations managing and administrating cross-border trading and transfer of goods by traders.

3. Other agencies, organizations and individuals involved in cross-border trading and transfer of goods by traders.

Article 3.Goods traded or transferred via secondary border gates and border crossings by traders

1. Goods exported in the form of trading or transfer via secondary border gates and border crossings by traders must comply with regulations.

2. Goods imported in the form of trading or transfer via secondary border gates and border crossings by traders must comply with the following specific provisions:

a/ Goods imported via secondary border gates and border crossings within border-gate economic zones must comply with regulations on international goods purchase and sale and goods purchase and sale agency, processing and transit activities involving foreign parties;

b/ Only goods serving domestic production which are on the list provided in Appendix I to this Circular may be imported via secondary border gates and border crossings outside border economic zones;

c/ Goods serving domestic production which are not on the list provided in Appendix I to this Circular may only be imported via secondary border gates and border crossings outside border-gate economic zones in specific time periods notified by provincial-level People’s Committees after consulting the Ministry of Industry and Trade.

Article 4.Organization of implementation and implementation responsibility

1. The Ministry of Industry and Trade shall guide and inspect related agencies, organizations and individuals and traders engaged in trading or transfer of goods via secondary border gates and border crossings in implementing this Circular.

2. People’s Committees of border provinces shall:

a/ Direct provincial-level Departments of Industry and Trade to assume the prime responsibility for, and coordinate with related agencies in, managing  goods trading and transfer by traders and advise provincial-level People’s Committees in making plans for regulating goods upon occurrence of congestion at secondary border gates and border crossings so as to avoid congestion, smuggling and trade fraud in their localities;

b/ Assign provincial-level Departments of Industry and Trade to assume the prime responsibility for, and coordinate with related agencies in, closely monitoring the implementation of this Circular in their localities; report to the Import and Export Department (the Ministry of Industry and Trade) before the 10^thof every month or upon request. Statistical forms enclosed with reports on goods trading and transfer by traders shall be made according to the forms provided in Appendix II to this Circular.

3. Responsibility of traders engaged in goods trading or transfer via secondary border gates and border crossings:

When conducting goods trading or transfer via secondary border gates and border crossings in a border province, to report on a regular or unscheduled basis to the Department of Industry and Trade of such province under this Circular.

Article 5.Effect

1. This Circular takes effect on the date of its signing.

2. To annual the Ministry of Industry and Trade’s Circular No. 34/2016/TT-BCT of December 28, 2016, detailing cross-border goods trading by traders under the Prime Minister’s Decision No. 52/2015/QD-TTg of October 20, 2015, on management of border trade with neighboring countries.

3. If meeting any problems in the course of implementation of this Circular, related agencies and organizations and traders should report them in writing to the Ministry Industry and Trade for settlement.-

Minister of Industry and Trade
TRAN TUAN ANH

* All appendices to this Circular are not translated.