Decision No. 1490/QD-TTg of August 26, 2013, approving the master plan on development of the Vietnam-Cambodia land border gate system through 2020

THE PRIME MINISTER

Decision No. 1490/QD-TTg of August 26, 2013, approving the master plan on development of the Vietnam-Cambodia land border gate system through 2020

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

At the proposal of the Minister of Foreign Affairs,

DECIDES:

Article 1. To approve the master plan on development of the Vietnam-Cambodia land border gate system through 2020, with the following principal contents:

I. OBJECTIVES OF DEVELOPING THE BORDER GATE SYSTEM

1. General objectives

a/ To develop the Vietnam-Cambodia land border gate system under a consistent and reasonable master plan in compliance with the plans on regional economic development and local infrastructure upgrading and development;

b/ To develop a friendly and comprehensive cooperation relationship between Vietnam and Cambodia, especially in economic-trade exchange; to step up attraction of investment for construction of border-gate economic zones, contributing to the economic development and improvement of people’s life in the two countries’ border areas;

c/ To step up the administrative reform and application of scientific, technical and technological advances to inspection and control of people and vehicles on entry and exit and goods imported and exported through border gates; create favorable conditions for customs clearance, yet still maintaining national defense-security and strict management of economic and trade activities;

d/ To proactively undertake cooperation in building and development of the border gate system to meet the demand of regional and international integration.

2. Specific objectives

a/ To build infrastructure of the Vietnam-Cambodia international and principal land border gate system after the standard model, including joint control stations, national gates, internal roads and functional zones, suitable to each type of border gate, meeting the local and regional socio-economic development requirements and increasing state budget revenues;

b/ To make targeted investment in modern and complete technical equipment to facilitate connection of operation of all international border gates and principal border gates along the Vietnam-Cambodia borderline and with the system of international and principal land border gates throughout the country, aiming to facilitate quick and effective customs clearance;

c/ Line management agencies at border gates are scientifically and rationally organized and located, assuring effective operation and management of each border gate;

d/ To rationally distribute border gates along the Vietnam-Cambodia borderline suitable to the socio-economic development strategy of each province or border area, ensuring effectiveness and saving the state budget;

dd/ To concentrate resources on investing in modernizing infrastructure and equipment of the existing border gates; and to attach importance to human resource training and development to meet demand for development of the border gate system;

e/ To develop the border gate system in association with environmental protection and suitability to the terrain and natural landscape of each region.

II. ORIENTATIONS OF THE MASTER PLAN ON DEVELOPMENT OF THE BORDER GATE SYSTEM

1. Orientations of the master plans on opening or upgrading of border gates

a/ Regarding international and principal border gates

- From 2013 to 2020, the People’s Committees of the provinces bordering Cambodia shall, based on local socio-economic development conditions, comprehensively consider and proactively negotiate with Cambodia and report to the governments of the two countries for consideration of opening and upgrading of 3 international land border gates, 1 international railway border gate, and 9 principal land border gates, which are expected to be located in the Central Highlands, Southeastern and Southwestern regions (listed in Appendix I - not translated).

- Other border gates will be selected for investment in infrastructure upgrading and equipment modernization on the following principles (listed in Appendix II - not translated):

+ To prioritize investment capital for transitional construction works which are about to be completed, or decisive works, with a view to commissioning built works in a synchronous and effective manner.

+ To prioritize investment in infrastructure and equipment for international and principal border gates.

+ To consider and select projects with socio-economic efficiency which can develop toward modernity and present the national identity and pride.

b/ Regarding auxiliary border gates

The People’s Committees of the border provinces shall, based on regulations on opening of auxiliary border gates (specified in the Government’s Decree No. 32/2005/ND-CP of March 14, 2005, providing the Regulation on land border gates), and specific local situation and conditions, discuss with their Cambodian counterparts before deciding to open auxiliary border gates at proper time.

c/ Regarding existing international, principal and auxiliary border gates

The list of existing international, principal and auxiliary land border gates along the Vietnam-Cambodia land borderline is provided in Appendix III (not translated).

Based on the lists of border gates provided in Appendices I and II as well as the local socio-economic development, provincial-level People’s Committees shall elaborate a scheme and solicit opinions of concerned ministries and sectors before submitting it to the Prime Minister for consideration and decision on investment, upgrading and modernization of equipment for each type of border gate.

2. Building of infrastructure for each type of border gate

a/ For international border gates and principal border gates

- Main functional zones in international border gates and principal border gates include:

+ Border landmarks;

+ National gate (independent or attached with a joint control station);

+ Joint control station, including working offices of border-guard control station, border-gate customs office, medical quarantine station, animal quarantine station, and plant quarantine station;

+ Ceremonial yard or small square;

+ Border-gate trade and service area (duty-free shops, telephone booths, cash exchange counters, etc.);

+ Storehouses and yards for goods storing and inspection pending export or import;

+ Car parks and terminals;

+ Public toilets;

+ Yards, roads, gardens and greeneries.

- The organization of functional zones within international and principal border gates must satisfy the following requirements:

+ To rationally plan functional zones; to utilize to the utmost the natural terrain, and create favorable conditions for the inspection and control of people, vehicles and goods on exit and entry through border gates;

+ To have sufficient areas for arranging grounds for works for entry, exit, meeting, reception and see-off of diplomatic corps;

+ To make clear traffic routing, separating exit from entry along a one-way chain and separating motor transportation routes from walkways, and create favorable conditions for customs clearance, emergency exit as well as other related activities;

+ To harmonize architectures with the landscapes, protect the ecological environment in the zones and assure fire and explosion prevention and fighting safety.

b/ For auxiliary border gates

- Main functional zones in an auxiliary border gate include:

+ Border landmarks;

+ Passport control station;

+ Customs control station;

+ Quarantine station;

+ Car park and yard for goods storing and inspection;

+ Public toilets;

+ Yards, roads, gardens and greeneries.

- The organization of functional zones in an auxiliary border gate must satisfy the following requirements:

To harmoniously and rationally plan functional zones; utilize to the utmost the natural terrain; to protect the ecological environment in the area; ensure the fire and explosion prevention and fighting safety; and to assure convenient inspection and control of people, vehicles and goods on exit and entry through border gates.

Article 2. Organization of implementation

The apparatus of management and administration of operation of the border gate system and at each border gate complies with the Government’s Decree No. 32/2005/ND-CP of March 14, 2005, providing the Regulation on land border gates; the Regulation on administration of operation of land border gates, promulgated together with to the Prime Minister’s Decision No. 45/2013/QD-TTg of July 25, 2013.

1. The Ministry of Foreign Affairs shall:

- Assume the prime responsibility for, and coordinate with related ministries and sectors and the People’s Committees of the provinces bordering Cambodia in, publicizing and implementing the master plan on development of the Vietnam-Cambodia land border gate system through 2020; and periodically update and propose adjustments to the master plan to meet development requirements.

- To negotiate with Cambodia on concluding the Agreement on border gates and management of border gates to create favorable conditions for the planning of development of border gates along the borderline to have grounds for promulgating a circular to guide the order and procedures for opening and upgrading border gates for uniform implementation.

- The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with related agencies in, carefully study the necessity to formulate a scheme on establishment of the State Steering Committee on Border Gates (including the necessity of the establishment, organizational structure, operation regulation, etc.) before submitting it to the Prime Minister for consideration and decision.

2. The Ministry of Construction shall:

- Study and promulgate typical designs of work items in border gate areas, especially national gates and joint control stations to serve as a basis for localities to formulate investment projects on construction of specific border gates.

- Guide and coordinate with the provinces bordering Cambodia in reviewing, elaborating and adjusting a master plan to build international border gates and principal border gates.

3. The Ministry of Industry and Trade shall:

- Formulate policies on border trade along the Vietnam-Cambodia land borderline and submit them to the competent authorities for approval and implementation.

- Properly implement the master plan on development of the Vietnam-Cambodia border market network through 2020; formulate a scheme on investment in development of big distribution centers, wholesale centers for agricultural product groups, specialized shops, supermarkets, and shopping centers at border gates based on the specific situation and conditions of each border province, ensuring feasibility and efficiency.

4. The Ministry of Transport shall:

- Direct the formulation and implementation of waterways, railway and road transport strategies to meet the needs of exchange through the Vietnam-Cambodia land border gate system.

- Urge the proper implementation of the Circular guiding a number of articles of the Agreement and Protocol implementing the Agreement on Road Transportation between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia for non-commercial vehicles (Circular No. 18/2010/TT-BGTVT of July 7, 2013).

5. The Ministry of Planning and Investment and the Ministry of Finance shall allocate capital for implementation of investment projects on border gate development in accordance with law; prioritize newly-upgraded international border gates and principal border gates or international border gates and principal border gates which have received no investment from the central budget since 2000 (listed in Appendices I and II).

6. The Ministry of National Defense, the Ministry of Public Security, the Ministry of Industry and Trade and the Ministry of Finance shall formulate and promulgate joint circulars on coordination mechanism and information exchange to ensure security and order in border areas; prevention and control of crimes of all types, trade frauds and other illegal entries.

7. Related ministries and sectors shall, within the ambit of their functions and powers, study and propose plans on reforming procedures for exit and entry; transit; customs; and medical, plant and animal quarantine, in order to create favorable conditions for the management and reduce time of customs clearance at border gates, then submit them to competent authorities for consideration and decision.

8. The People’s Committees of the provinces bordering Cambodia shall:

- Direct provincial functional bodies to review and adjust the master plan on development of border gates in association with their local socio-economic development plans, ensuring national defense and security in localities; and formulate specific investment projects and action programs on border gate development suitable to the practical situation.

- Allocate land for investment in building border markets, yards for goods storing, bonded warehouses, and goods storing and preserving warehouses suitable to master plans of related sectors and fields.

- Disseminate and educate cadres, soldiers and people in localities to strictly implement guidelines and policies of the Party and laws of the State on national borders, especially in the management of cross-border traveling, aiming to maintain security and order in border areas; consolidate the friendly relationship between peoples in the border area; and promote the economic and trade development cooperation in border areas.

- Coordinate with concerned Cambodian provinces bordering Vietnam in making regulations permitting cross-border traveling of motor and rudimentary vehicles of people of the two countries’ border districts to visit one another and exchange goods along the Vietnam-Cambodia borderline to serve their production and daily life, in accordance with the current law.

Article 3. This Decision takes effect on the date of its signing.

Article 4. Ministries, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of the People’s Committees of the provinces bordering Cambodia shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG