Circular No. 14/2001/TT-BTM dated May 02, 2001 of the Ministry of Trade guiding goods sale and purchase across Vietnam-China land border

CIRCULAR

GUIDING GOODS SALE AND PURCHASE ACROSS VIETNAM-CHINA LAND BORDER

Pursuant to the Governments Decree No. 57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial Law regarding activities of goods import, export, processing and sale/purchase agency with foreign countries;

Pursuant to the Prime Ministers Decision No. 46/2001/QD-TTg of April 4, 2001 on the management of goods export and import in the 2001-2005 period;

In furtherance of the Agreement on goods sale and purchase in the border areas between the Socialist Republic of Vietnam and the Peoples Republic of China, signed on October 19, 1998 in Beijing;

The Ministry of Trade hereby guides in detail a number of points on goods sale and purchase across the land border between the two countries for uniform implementation as follows:

1. Subjects of purchasing and/or selling goods across border:

a) Vietnamese traders being enterprises of various economic sectors, which have been established according to law provisions;

b) Individuals business households as prescribed in the Governments Decree No. 02/2000/ND-CP of February 3, 2000 on business registration, in the provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai and Lai Chau.

2. Goods sold and/or purchased across border:

a) The sold and/or purchased goods must be compatible with the contents of the business registration certificates of the subjects mentioned in Section 1 of this Circular. Particularly, goods on the list of those banned from export and/or import and goods subject to export and/or import suspension shall comply with law provisions.

b) For goods on the list of those exported and/or imported under permits of the Trade Ministry or the specialized management ministries, only subjects mentioned in Clause a, Section 1 of this Circular may sell and purchase them, provided that they are granted permits by competent bodies under the provisions of law.

3. Quality of goods sold and/or purchased across border:

a) Subjects conducting goods sale and/or purchase across border shall have to comply with the provisions of legislation on goods quality and be responsible before law for the quality of goods they sell and/or buy.

b) For import and/or export goods on the list of those subject to State quality control, the goods owners must request traders providing goods expertising services to conduct the goods expertise such goods according to the contents of State quality control prescribed in the Governments Decree No. 20/1999/ND-CP of April 12, 1999 on the commercial provision of goods-expertising services and Circular No. 33/1999/TT-BTM of November 18, 1999 of the Ministry of Trade guiding the implementation thereof.

4. The border-gates for goods export and/or import:

Goods sold and/or purchased across the border between the two countries may be exported and/or imported through land border-gates in the provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai and Lai Chau, including:

a) The border-gates, which have been opened under the agreement reached between the Government of the Socialist Republic of Vietnam and the Government of the Peoples Republic of China;

b) The border gates allowed to be opened by the Vietnamese Government and other customs clearance places in border economic zones along the Vietnam-China border by decisions of the Vietnamese Prime Minister.

5. Payment for goods sold and/or purchased across border:

a) The currencies used for payment in goods sale and/or purchase across the border between the two countries are freely-convertible foreign currencies, the Vietnam dong or China yuan.

b) The mode of payment shall be agreed upon by the sellers and buyers in compliance with the regulations of Vietnam State Bank on goods sale and/or purchase across border.

6. Customs procedures and export tax and import tax:

Goods sold and/or purchased across border must go through customs procedures and be subject to assorted taxes and charges as prescribed by Vietnams law.

7. Implementation organization:

a) This Circular takes effect 15 days after its signing and replaces Circular No. 05/TMDL -QLTT of May 7, 1992 of the Ministry of Trade and Tourism guiding the implementation of Directive No. 94/CT of March 25, 1992 of the Chairman of the Council of Ministers on market organization and control in the Vietnam-China border region in the new situation.

b) Goods transported across the Vietnam-China land border for sale and purchase in Vietnam-China border markets shall not be governed by this Circular.