Decree No. 112/2014/ND-CP dated November 21, 2014 of the Government providing the management of land border gates

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Decree No. 112/2014/ND-CP dated November 21, 2014 of the Government providing the management of land border gates
Issuing body: GovernmentEffective date:
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Official number:112/2014/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:21/11/2014Effect status:
Known

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Fields:Export - Import , Immigration

SUMMARY

SUBJECTS ALLOWED TO EXIT AND ENTRY THE LAND BORDER GATES

On November 21, 2014, the Government issued the Decree No. 112/2014/ND-CP providing the management of land border gates and replaces the Government’s Decree No.32/2005/ND-CP of Marcy 14, 2005, on the Regulation on Land Border Gates; within  that supplement the principles on the subjects allowed to exit and entry the land border gates.

In particular, persons eligible to enter and exit a border gate area includes passengers on exit or entry; cadres, combatants, employees and civil servants of specialized state management agencies or related state agencies with working offices in the border gate area; employees of agencies and organizations and individuals conducting service and commercial activities in the border gate area; persons operating or working onboard vehicles carrying imports or exports, or passengers on entry or exit; goods owners, persons dealing in exports and imports  who enter and exit the border gate area for carrying out goods import and export procedures; persons coming to work with specialized state management agencies or related agencies with working offices in the border gate area; and persons coming for medical examination and treatment (if there exist in the border gate area a healthcare zone for medical examination and treatment). Besides, persons entering or exiting the border gate area for visit, guest reception or seeing off or other purposes shall obtain permits and are subject to the inspection, control, supervision and instruction of border-gate border guard posts.

Other important contents are that Vietnamese and foreign vehicles on exit and entry via border gates must have vehicle registration paper; cross-border transport permit, transport permit; passenger transport permit (for passenger vehicles); papers on cargo procedures (for cargo vehicles); technical safety inspection and environmental protection certificate; civil liability insurance paper, for vehicle owners; other papers prescribed by Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party. Vehicle operators and persons onboard vehicles on entry or exit must possess such papers as vehicle operation license (for vehicle operators); and other papers prescribed by law and treaties on land transport to which the Socialist Republic of Vietnam is a contracting party.

This Decree takes effect on January 15, 2015.
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Effect status: Known

 

THE GOVERNMENT

No. 112/2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
Hanoi, November 21, 2014
 
DECREE
Providing the management of land border gates
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 17, 2003 Law on National Boundaries;
At the proposal of the Minister of National Defense,
The Government promulgates the Decree providing the management of land border gates.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides:
1.      Inspection, control and supervision activities of specialized state management agencies  at land border gates or border crossings.
2.      The exit and entry of people; the exit, entry, transit, temporary import for re-export of vehicles (below referred to as exit and entry for short); the export, import, temporary import for re-export, temporary export for re-import, transit, border-gate transshipment of goods and products (below referred to as import and export) through land border gates or crossings (below referred to as via-border gate exit and entry).
3.      Border gate areas; exit, entry, stay and temporary residence in border gate areas; the conditions, competence and time for restriction or suspension of movement through land border gates or crossings.
4.      The opening, upgrading, planning, construction and development of land border gate systems.
5.      Responsibilities of state management agencies for the management of land border gates and crossings.
Article 2. Subjects of application
1.      Vietnamese and foreign organizations and individuals on exit or entry through border gates; leaving, entering, staying or operating in land border gate or crossing areas.
2.      Specialized state management agencies and related state management agencies involved in exit and entry activities through land border gates or crossings.
3.      State management agencies competent to open, upgrade, restrict and suspend the movement through land border gates and crossings, and plan, develop and construct land border gate systems.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. National gate means a gate built at a border gate, bearing the characteristics of Vietnamese culture, demonstrating the national independence and symbolizing the friendship and solidarity with the neighboring country.
2. Land border gate (below referred to as border gate for short) means a place where exit, entry, transit, import, export and movements across the national land border take place. Border gates include land border gates, railway border gates and inland waterway border gates.
3. Inland waterway border gate means a mainland border gate opened on a waterway running through the national land border.
4. Land border gate area (below referred to as border gate area) means the area identified with part of its administrative boundary overlapping the national land border line, which consists of functional zones to ensure state management activities and service and trading activities at the border gate.
5. Specialized state management agencies at a border gate include agencies performing the functions and tasks of carrying out procedures, inspecting, controlling and supervising people, vehicles, goods, articles on exit or entry through the border gate, which include the border guard; customs; and (medical, animal and plant) quarantine offices.
6. Neighboring countries are those sharing the land border lines with the Socialist Republic of Vietnam, including the People’s Republic of China, the Lao People’s Democratic Republic and the Cambodian Kingdom.
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