Circular No. 34/2016/TT-BCT dated December 28, 2016 of the Ministry of Industry and Trade on detailing cross-border goods purchase and sale 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

CIRCULAR

Detailing cross-border goods purchase and sale 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[1]

Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries;

Pursuant to the Prime Minister’s Decision No. 52/2015/QD-TTg of October 20, 2015, on management of border trade with neighboring countries;

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

The Minister of Industry and Trade promulgates the Circular detailing cross-border goods purchase and sale 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.

Article 1.Scope of regulation

1. This Circular details cross-border goods purchase and sale by traders as prescribed in Chapter II of the Prime Minister’s Decision No. 52/2015/QD-TTg of October 20, 2015, on management of border trade with neighboring countries.

2. Temporary import, re-export, temporary export, re-import, and border-gate transfer activities are not regulated by this Circular, and must comply with current regulations on temporary import, re-export, temporary export, re-import, and border-gate transfer activities.

Article 2.Subjects of application

This Circular applies to Vietnamese traders; and other agencies, organizations and individuals involved in cross-border goods purchase and sale under Decision No. 52/2015/QD-TTg.

Article 3.Traders purchasing and selling goods via secondary border gates and border crossings

1. Traders allowed for cross-border goods purchase and sale are Vietnamese traders, including enterprises, business households and cooperatives in accordance with law.

2. In case a Vietnamese law or an international treaty to which the Socialist Republic of Vietnam is a contracting party allows foreign-invested traders, foreign companies and their branches in Vietnam to purchase and sell goods across borders, they shall comply with this Circular.

Article 4.Dossiers and procedures for registration of goods purchase and sale via secondary border gates and border crossings

1. Based on the technical infrastructure of secondary border gates and border crossings, the People’s Committee of a bordering province shall select traders that fully meet the law-prescribed requirements to purchase and sell goods via secondary border gates and border crossings.

2. The traders specified in Clause 1, Article 3 of this Circular shall send 1 (one) set of dossier to the Department of Industry and Trade of a bordering province where secondary border gates or border crossings are located. Such a dossier must comprise:

a/ One original of the application for goods purchase and sale via secondary border gates and border crossings, made according to the form in Appendix I to this Circular;

b/ One copy of the investment certificate or enterprise registration certificate/business registration certificate or business household registration certificate or cooperative or cooperative alliance registration certificate, appended with the certified true copy stamp by the trader.

3. Within 4 (four) working days after receiving a valid dossier, the Department of Industry and Trade shall submit to the People’s Committee of a bordering province the list of traders that satisfy the law-prescribed conditions for goods purchase and sale via secondary border gates and border crossings.

4. Within 3 (three) working days after receiving the list from the Department Industry and Trade, the People’s Committee of a bordering province shall announce the list of traders allowed for goods purchase and sale via secondary border gates and border crossings. In case of refusal to select a trader, the People’s Committee shall give a written reply to the trader, clearly stating the reason.

5. The People’s Committee of a bordering province shall announce the list of traders allowed for goods purchase and sale via secondary border gates and border crossings in the mass media and send such list to the Ministry of Industry and Trade.

6. Quarterly, the People’s Committee of a bordering province shall examine and review the law observation by traders for modifying and supplementing, or removing from the list of traders that violate the regulations on cross-border goods purchase and sale; and summarize and report it to the Ministry of Industry and Trade for coordinated administration.

Article 5.Goods purchased and sold across borders by traders

1. Goods purchased and sold across borders by traders must comply with Clause 1, Article 6 of Decision No. 52/2015/QD-TTg.

2. Goods exported via secondary border gates and border crossings

Goods exported via secondary border gates and border crossings must comply with the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries;

3. Goods imported via secondary border gates and border crossings

a/ Goods imported via secondary border gates and border crossings located within a border economic zone must comply with the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries;

b/ Only raw materials, fuels, materials and supplies serving domestic production which are on the list of goods provided in Appendix II to this Circular may be imported via secondary border gates and border crossings located outside a border economic zone;

c/ Raw materials, fuels, materials and supplies serving domestic production which are not on the list of goods provided in Appendix II to this Circular may only be imported via secondary border gates and border crossings located outside a border economic zone in a specific period of time as notified by the People’s Committee of a bordering province after consulting the Ministry of Industry and Trade.

Article 6.Secondary border gates and border crossings for cross-border goods purchase and sale by traders

1. Pursuant to the current regulations, the People’s Committee of a bordering province shall announce secondary border gates and border crossings in the locality which are permitted for cross-border goods purchase and sale by traders.

2. In case congestions occur in secondary border gates and border crossings due to overload of goods or vehicles, the People’s Committee of a bordering province shall handle them by the following measures:

a/ To prioritize the export of fresh and alive food products, perishable agricultural products and other exported goods; or,

b/ To regulate goods imported via secondary border gates and border crossings to avoid affecting export activities.

Article 7.List of goods purchased and sold across borders by traders

The list of goods purchased and sold across borders by traders prescribed in Clause 2, Article 9 of Decision No. 52/2015/QD-TTg shall be made according to the form in Appendix III to this Circular.

Article 8.Organization of implementation

1. The Ministry of Industry and Trade shall:

a/ Guide the implementation of this Circular, and summarize opinions of other related agencies, organizations and individuals and traders purchasing and selling goods across borders to remove difficulties arising in the course of implementation;

b/ Guide and inspect agencies, organizations, traders and other related individuals in implementing this Circular.

2. The People’s Committee of a bordering province shall:

a/ Organize the management of cross-border goods purchase and sale by traders in the locality under this Circular and other relevant legal documents;

b/ Formulate a mechanism on coordination among related forces and regulate goods at border gates to avoid congestion, smuggling, and trade fraud in the locality;

c/ Report to the Ministry of Industry and Trade on cross-border goods purchase and sale by traders on a biannual basis or at the request of the Ministry of Industry and Trade.

3. Traders and other agencies, organizations and individuals involved in cross-border goods purchase and sale shall strictly implement this Circular.

Article 9.Effect

1. Transitional provisions

Written notices on selection of traders allowed for goods purchase and sale via secondary border gates and border crossings issued by the People’s Committee of a bordering province before the effective date of this Circular remain effective.

2. Effect

a/ This Circular takes effect on February 15, 2017;

b/ This Circular annuls the Ministry of Industry and Trade’s Circular No. 52/2015/TT-BCT of December 30, 2015, detailing cross-border goods purchase and sale 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;

c/ To annul relevant legal documents guiding Circular No. 52/2015/TT-BCT;

d/ Related agencies and organizations and traders involved in border trade activities should report in writing any problems arising in the course of implementation to the Ministry of Industry and Trade for prompt consideration and settlement.-

Minister of Industry and Trade
TRAN TUAN ANH

* All appendices to this Circular are not translated.