Decision No. 0724/1999/QD-BTM dated June 08, 1999 of the Ministry oF Trade issuing the regulation on organization and management of Vietnam-Cambodia border markets

DECISION

ISSUING THE REGULATION ON ORGANIZATION AND MANAGEMENT OF VIETNAM-CAMBODIA BORDER MARKETS

THE MINISTER OF TRADE

Pursuant to the Government’s Decree No. 95/CP of December 4, 1993 on the functions, tasks, powers and organizational apparatus of the Ministry of Trade;

Pursuant to Document No. 1269/KTTH of March 26, 1999 of the Government’s Office announcing the Prime Minister’s opinion to authorize the Minister of Trade to promulgate the Regulation on organization and management of Vietnam-Cambodia border markets;

With a view to unifying the organization and management of goods circulation activities in the border areas of Vietnam, meeting the requirements of the country’s economic development as well as the promotion of Vietnam-Cambodia friendship,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on organization and management of Vietnam-Cambodia border markets.

Article 2.- The presidents of the People’s Committees, the directors of Trade Services of south-western border provinces and the heads of functional agencies under the Ministry of Trade shall have to implement this Decision.

This Decision takes effect 15 days after its signing.

REGULATION

ON ORGANIZATION AND MANAGEMENT OF VIETNAM-CAMBODIA BORDER MARKETS

(Issued together with the Decision No. 0724/1999/QD-BTM of June 8, 1999)

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation shall apply to markets on the Vietnamese territory, in the Vietnam-Cambodia border area.

Article 2.- The Vietnam-Cambodia border markets, in the border-gate economic zones shall be governed by separate regulations.

Chapter II

SUBJECTS AND CONDITIONS FOR DOING BUSINESS IN THE MARKETS

Article 3.-

3.1. Vietnamese citizens with permanent residence registration in the Vietnam-Cambodia border area (hereafter referred to as residents for short) may enter the markets for goods exchange, purchase and sale. Vietnamese citizens with permanent residence registration outside the border area, when entering the markets for goods exchange, purchase and/or sale, shall have to abide by the Regulation on border areas.

3.2. Cambodian citizens with permanent residence registration in the border area of Cambodia (hereafter referred to as residents for short), who have the cross-border laissez-passers granted by the competent Cambodian agencies and abide by the Vietnam’s Regulation on border areas, may enter Vietnam’s border markets for goods exchange, purchase and/or sale to meet their production and consumption demand.

Article 4.-

4.1. Vietnamese traders, if permitted by the market management board to open stores (shops, booths...) at locations arranged by the board, may conduct their business in the markets.

4.2. Cambodian traders shall be considered for granting books on regular business in the markets, if they fully meet the following conditions:

- Being Cambodian citizens with permanent residence registration in the border area of Cambodia and border identity cards granted by the competent Cambodian agencies.

- Having filed the application therefor with certification by competent levels authorities according to Cambodian law.

Chapter III

GOODS EXCHANGE, PURCHASE AND SALE IN THE MARKETS

Article 5.-

5.1. Goods exchanged and traded in the markets must be commodities allowed to be circulated on the market according to the provisions of Vietnamese laws.

5.2. The transport of goods through border gates shall comply with Vietnam’s current regulations on import and export management.

Article 6.- The application of tax policies on goods traded in the border markets is stipulated as follows:

6.1. For Vietnamese and Cambodian border residents:

The State encourages the exchange, purchase and sale of goods made in Vietnam and Cambodia in the markets. Goods of these categories with the value of not more than 500,000 VNdong, when transported through border-gates, shall be exempt from tax for one person/ one time /a day; if the value of the goods exceeds the above-prescribed level, the goods owners shall have to pay import and export tax on the excess amount and abide by the customs regime of each country. In cases of goods which are indivisible (the whole animal or complete object) agricultural, forestry or fishery products or handicraft and/or fine arts articles, when transported though the border-gates, if the value of each product unit is higher than the prescribed level, such product unit shall be exempt from tax when it is transported through the border-gates.

The above tax exemption norms shall alter according to the market demand. The Minister of Trade shall stipulate and announce it for each specific period of time.

Goods made in the third country and exchanged or traded in the border markets, when transported through border-gates shall not be eligible for the above-mentioned tax exemption norms. Goods owners shall have to abide by the Regulation on import and export management, the Law on import tax and export tax and to observe the customs regime according to the current regulations of the Vietnamese State.

6.2. For Vietnamese and Cambodian traders:

Vietnamese traders who have business licenses or certificate of business registration in the markets and Cambodian traders who have books on business in the markets shall have to register the tax payment according to Vietnam’s tax laws. Goods transported across the borders shall be subject to export or import tax according to the current regulations of the Vietnamese State.

Article 7.- In the border markets, it is allowed to exchange goods or to use the Vietnam "dong" and the Cambodian "riel" as payment instruments.

Chapter IV

ORGANIZATION AND MANAGEMENT OF THE MARKETS

Article 8.- Border markets are established and dissolved by decision of the presidents of provincial People’s Committees, based on the Government’s regulations and specific situation of localities, at the proposal of the directors of provincial Trade Services.

Article 9.- Each border market has a market management board set up and tasked in compliance with Circular No. 15-TM/CSTTTN of October 16, 1996 of the Ministry of Trade.

The district-level State management agencies in charge of trade have the task to assist the People’s Committees of districts in organizing and managing the border markets.

Article 10.- Traders conducting business in the markets shall have the following rights and obligations:

10.1. To have their rights to lawful business protected in accordance with the provisions of law.

10.2. To be helped and guided in business activities in the markets.

10.3. To be entitled to request the market management boards and State management bodies to settle disputes over goods volume and quality, the order and safety in purchase and sale in the markets.

10.4. To pay tax fully and on time as prescribed. To abide by Vietnam’s law provisions relating to trading activities in the markets.

10.5. To keep sanitation, to ensure order and protect environment at the goods selling places.

Article 11.- The financial management and other managerial requirements of the markets, which are not mentioned in this Regulation, shall comply with the guidance in Circular 15-TM/CSTTTN of October 16, 1996 of the Ministry of Trade.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 12.- Basing themselves on the specific characteristic of each locality, the People’s Committees of the border provinces shall direct the provincial Trade Services, functional branches and the People’s Committees of districts where exist the border markets, to issue specific regulations on the management of the markets in their respective localities according to this Regulation and Circular No. 15-TM/CSTTTN of October 16, 1996 of the Ministry of Trade. The contents related to the exercise of the rights and fulfillment of obligations by the traders doing business in the markets must be posted up in both Vietnamese and Khmer language for awareness and implementation of every one.

Article 13.- Trade Services of the border provinces shall assume the prime responsibility and coordinate with the local finance, customs... offices to uniformly direct the implementation of this Regulation, to guide the State management agencies in charge of trade in districts and provincial towns where exist the border markets to compile the dossiers applying for the book on regular business in the markets for subjects mentioned in Article 4 (Clause 4.2) this Regulation.

Article 14.- Once every 3 months, the provincial Trade Services shall have to report to the Ministry of Trade on market situation and data on business in the markets.