Decree 34/2023/ND-CP amend Decree 112/2014/ND-CP providing the management of land border gates

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 112/2014/ND-CP of November 21, 2014, providing the management of land border gates^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 17, 2003 Law on National Boundaries;

Pursuant to the November 11, 2020 Law on Vietnam Border Defense;

Pursuant to the November 22, 2019 Law on Entry and Exit of Vietnamese Citizens;

Pursuant to the June 16, 2014 Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam; and the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam;

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the November 24, 2017 Planning Law;

At the proposal of the Minister of National Defense,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 112/2014/ND-CP of November 21, 2014, providing the management of land border gates.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 112/2014/ND-CP of November 21, 2014, providing the management of land border gates (below referred to as Decree No. 112/2014/ND-CP)

1. To amend Clauses 2 and 3, and add Clause 11 to, Article 3 as follows:

a/ To amend Clause 2 as follows:

“2. Land border gate (below referred to as border gate) means a place where exit, entry, import, export and movements across the national land border take place. A border gate may serve as land border gate, railway border gate and/or inland waterway border gate.”

b/ To amend Clause 3 as follows:

“3. Inland waterway border gate (waterway border gate/river border gate) means a border gate opened on a waterway running through the national land border.”

c/ To add Clause 11 as follows:

“11. Border gate planning means the determination of orientations for development of the border gate system on the Vietnam-China land borderline, Vietnam-Laos land borderline and Vietnam-Cambodia land borderline.”

2. To amend Article 4 as follows:

“Article 4. Types of border gates; border crossings; customs-clearance paths and special-use roads for goods transport at international border gates, main border gates (bilateral border gates)

1. Types of border gates

a/ International border gates are opened for entry and exit of Vietnamese and foreign people and vehicles; import and export of goods and articles;

b/ Main border gates (bilateral border gates) are opened for entry and exit of people and vehicles of Vietnam and neighboring countries; import and export of goods and articles;

c/ Secondary border gates (local border gates) are opened for entry and exit of people and vehicles of Vietnam and the neighboring countries in border provinces where border gates are located; import and export of goods and articles.

2. Border crossings (crossings for travel to and from border markets of either side or both sides; border customs clearance places for goods; temporary crossings) are opened for border inhabitants of both sides and their vehicles, goods and articles, vehicles and goods of traders to travel across the border under the Government’s Decree No. 14/2018/ND-CP of January 23, 2018, providing in detail border trade activities; or opened in force majeure cases or at the special request of both sides.

3. Customs-clearance paths and special-use roads for goods transport at international border gates, main border gates (bilateral border gates) are opened for import and export of goods and articles, or for other cases of cross-border movements under agreements between the Government of the Socialist Republic of Vietnam and governments of the neighboring countries sharing border gates.

4. Types of border gates; border crossings; customs-clearance paths and special-use roads for goods transport, and subjects of entry, exit, import or export via each type of border gates; border crossings; customs-clearance paths and special-use roads for goods transport specified in Clauses 1, 2, and 3 of this Article shall be applied to the Vietnam-China land borderline, Vietnam-Laos land borderline and Vietnam-Cambodia land borderline in accordance with treaties and agreements between Vietnam and the neighboring countries.”

3. To amend Clauses 1 and 2, and add Clauses 4 and 5 to, Article 6 as follows:

a/ To amend Clause 1 as follows:

“1. The border guards at border gates shall:

a/ Advise the Ministry of National Defense on the implementation of contents of the state management at border gates under the charge of the Ministry of National Defense;

b/ Manage and protect the national borders, system of national border markers, marking objects and signs of borderlines, border works in border gate areas and border gate works; assume the prime responsibility for, and coordinate with agencies and organizations in, maintaining security, social order and safety, and protecting lawful rights and interests of agencies, organizations and individuals in border gate areas in accordance with law;

c/ Control entry and exit at border gates falling under the Ministry of National Defense’s management; carry out border-guard procedures; issue, modify, supplement and cancel visas, and issue temporary residence cards in accordance with the law on entry and exit; inspect and handle entry and exit-related violations at border gates falling under the Ministry of National Defense’s management; inspect and control vehicles when there are signs of violation, handle law-violating vehicles in border areas or border gates in accordance with law;

d/ Coordinate with other agencies in inspecting and supervising goods and articles on entry and exit via border gates; maintain security of imported goods and exported goods; prevent and combat smuggling and trade frauds;

dd/ Assume the prime responsibility for, and coordinate with specialized state management agencies at border gates in formulating coordination regulations to perform their tasks at border gates.”

b/ To amend Clause 2 as follows:

“2. Border-gate customs offices shall assume the prime responsibility for carrying out customs procedures, inspection, supervision and control of imported goods, exported goods and in-transit goods and luggage of people on entry and exit; prevent and combat smuggling or illegal cross-border transportation of goods; coordinate with other agencies in controlling vehicles on entry or exit or in transit; organize the implementation of the tax laws applicable to imported goods and exported goods and the performance of other tasks in accordance with the Customs Law.”

c/ To add Clause 4 as follows:

“4. Specialized state management agencies at border gates shall connect and share information in the fields of import, export and transit of goods, entry, exit and transit of people and vehicles under the national single-window mechanism.”

d/ To add Clause 5 as follows:

“5. Specialized state management agencies at border gates may, based on their functions, tasks and powers provided by law, formulate mechanisms for exchanging opinions and negotiating with concerned agencies of the bordering countries to settle issues relating to the entry, exit, import and export falling under their management.”

4. To amend Point a, Clause 1, and Point a, Clause 2, Article 8 as follows:

a/ To amend Point a, Clause 1 as follows:

“a/ Vietnamese citizens on entry or exit via border gates must satisfy the conditions specified in Articles 33 and 34 of the Law on Entry and Exit of Vietnamese Citizens.”

b To amend Point a, Clause 2 as follows:

“a/ Foreigners on entry or exit via border gates must satisfy the conditions specified in Articles 20 and 27 of Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam, which was amended and supplemented under Clauses 11 and 12, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam.”

5. To amend Clauses 1 and 2, and Point c, Clause 3, Article 9 as follows:

a/ To amend Clause 1 as follows:

“1. Vietnamese and foreign vehicles on entry and exit via border gates must comply with Vietnam’s laws and transport treaties to which the Socialist Republic of Vietnam is a contracting party, and submit to inspection, control and supervision by specialized state management agencies at border gates.”

b/ To amend Clause 2 as follows:

“2. Vietnamese and foreign vehicles on entry and exit via border gates must have the papers in accordance with Vietnam’s laws and treaties to which the Socialist Republic of Vietnam is a contracting party.”

c/ To amend Point c, Clause 3 as follows:

“c/ Other papers specified by law and transport treaties to which the Socialist Republic of Vietnam is a contracting party.”

6. To amend Point c, Clause 2, Article 11 as follows:

“c/ The medical quarantine and medical treatment isolation area; animal and animal product treatment isolation area.”

7. To amend Article 12 as follows:

“Article 12. Competence to determine scope of border gate areas; border crossings; customs-clearance paths and special-use roads for goods transport, and master plans on construction of border gates and border crossings

1. The Government shall decide on approval of scope of international border gates and main border gates (bilateral border gates); customs-clearance paths and special-use roads for goods transport.

2. People’s Committees of border provinces shall:

a/ Decide on approval of scope of secondary border gates (local border gates) and border crossings;

b/ Assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Industry and Trade, Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, and Ministry of Construction in, determining scope of international border gates and main border gates (bilateral border gates), customs-clearance paths and special-use roads for goods transport, and report them to the Government for decision;

c/ Assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Industry and Trade, Ministry of Construction, Ministry of Transport, Ministry of Planning and Investment, and Ministry of Natural Resources and Environment in, formulating and appraising master plans on construction of international border gates and main border gates (bilateral border gates), and submit them to the Prime Minister for approval;

d/ Formulate, appraise and approve construction sub-zone master plans and construction detailed plans for international border gates and main border gates (bilateral border gates);

dd/ Formulate, appraise and approve master plans on construction of secondary border gates (local border gates) and border crossings.

3. Provincial-level Border Guard Commands shall assume the prime responsibility for, and coordinate with provincial-level departments and sectors, including Military Commands, Public Security Departments, Foreign Affairs Departments, Industry and Trade Departments, Health Departments, Customs Departments, Agriculture and Rural Development Departments, Planning and Investment Departments, Construction Departments, Finance Departments, Transport Departments, Natural Resources and Environment Departments and district-level People’s Committees of localities having secondary border gates (local border gates) and border crossings in, determining scope of secondary border gates (local border gates) and border crossings, and submit them to provincial-level People’s Committees for decision.”

8. To add Clause 3 to Article 14 as follows:

“3. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions on inspection and control chains that are different from those of Clauses 1 and 2 of this Article, the provisions of such treaty prevail.”

9. To amend Article 17 as follows:

“Article 17. Restriction or suspension of cross-border movements at border gates; border crossings; customs-clearance paths and special-use roads for goods transport

The restriction or suspension of cross-border movements at border gates; border crossings; customs-clearance paths and special-use roads for goods transport must comply with Clause 1; Point c, Clause 2; Clauses 4, 5, 6 and 7, Article 11 of the Law on Vietnam Border Defense.”

10. To amend Article 18 as follows:

“Article 18. Border gate master plans

1. The planning of border gates, construction and development of border gate systems must be based on the situation of the Vietnam-China borderline, Vietnam-Laos borderline and Vietnam-Cambodia borderline, and practical conditions of each locality, and conformable to requirements of the socio-economic development and maintenance of national defense, security and territorial sovereignty, and oriented in regional and provincial master plans, and comply with the construction and planning laws.

2. The Prime Minister shall approve master plans on border gates on the Vietnam-China land borderline, Vietnam-Laos land borderline, and Vietnam-Cambodia land borderline, and decide on modification and supplementation of such master plans when necessary.

3. The Ministry of Foreign Affairs shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security, Ministry of Finance, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Transport, Ministry of Planning and Investment, Ministry of Agriculture and Rural Development, Ministry of Construction, and Ministry of Health in, organizing the formulation, appraisal and approval of tasks of formulating master plans on border gates on the borderlines, including the master plan on border gates on the Vietnam-China land borderline, the master plan on border gates on the Vietnam-Laos land borderline, and the master plan on border gates on the Vietnam-Cambodia land borderline according to the order provided in Appendix I to this Decree;

b/ Assume the prime responsibility for, and coordinate with the agencies mentioned at Point a, Clause 3 of this Article and related localities in, formulating and appraising master plans on border gates on the Vietnam-China land borderline, Vietnam-Laos land borderline, and Vietnam-Cambodia land borderline, and submit them to the Prime Minister for consideration and approval according to the order provided in Appendix I to this Decree;

c/ Organize to announcement and provision of information on master plans; organize the implementation, evaluation and proposal of modification and supplementation of master plans on border gates on the Vietnam-China land borderline, Vietnam-Laos land borderline, and Vietnam-Cambodia land borderline in accordance with Appendix I to this Decree and relevant provisions of the Planning Law.”

11. To amend Points b and d, Clause 1 and Point a, Clause 2, Article 19 as follows:

a/ To amend Point b, Clause 1 as follows:

“b/ Ensuring compliance with bilateral agreements on development of border gates between Vietnam and the neighboring countries; being included in master plans on border gates on the Vietnam-China land borderline, Vietnam-Laos land borderline and Vietnam-Cambodia land borderline.

In special cases, the Government shall decide on opening or upgrading of border gates not included in master plans on border gates on the Vietnam-China land borderline, Vietnam-Laos land borderline and Vietnam-Cambodia land borderline to meet requirements of the socio-economic development or other urgent requirements.”

b/ To amend Point d, Clause 1 as follows:

“d/ Meeting the general criteria specified in Appendix III to this Decree.”

c/ To amend Point a, Clause 2 as follows:

“a/ The Government shall decide on the opening and upgrading of international border gates and main border gates (bilateral border gate) and the opening of customs-clearance paths and special-use roads for goods transport in accordance with Vietnam’s laws and treaties to which the Socialist Republic of Vietnam is a contracting party.”

12. To amend the title of; amend and supplement Points c, d and g, Clause 1; Points a, c and d, Clause 2; and add Clause 3 to, Article 20 as follows:

a/ To amend the title of Article 20 as follows:

“Article 20. Order of opening and upgrading of border gates; border crossings; customs-clearance paths and special-use roads for goods transport”

b/ To amend Point c, Clause 1 as follows:

“c/ Within 20 working days after the conclusion of negotiations with the provincial-level administration of the neighboring country, the People’s Committee of the border province shall send to the Government (through the Ministry of Foreign Affairs) a dossier for opening or upgrading of the border gate (one dossier comprising a written explanation on opening or upgrading of the international border gate or main border gate (bilateral border gate); master plan diagrams or maps of the area for opening or upgrading of the international border gate or main border gate (bilateral border gate) (the original); a report (the original) on the satisfaction of criteria for opening or upgrading of the international border gate or main border gate (bilateral border gate) (according the criteria specified in Appendix III to this Decree); a socio-economic, defense and security impact assessment report (the original); a report (the original) on flows of people, vehicles and goods on entry and exit (for to-be-upgraded border gates); and copies of the agreement and negotiation minutes.”

c/ To amend Point d, Clause 1 as follows:

“d/ Within 30 working days after receiving the People’s Committee of the border province’s report on the dossier for opening or upgrading of the border gate, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Finance, Ministry of Planning and Investment, Ministry of Construction, Ministry of Transport, Ministry of Agriculture and Rural Development, Ministry of Health, and Ministry of Natural Resources and Environment in, surveying the site of the to-be-opened or to-be-upgraded international border gate or main border gate (bilateral border gate).”

d/ To amend Point g, Clause 1 as follows:

“g/ Within 10 working days after receiving the neighboring country’s note via the diplomatic channel on agreement to the opening or upgrading of the border gate, the Ministry of Foreign Affairs shall notify such to the People’s Committee of the border province for exchange of opinions and coordination with the provincial-level administration of the neighboring country in holding a ceremony to officially announce the opening or upgrading of the international border gate or main border gate (bilateral border gate), or agreed time of official commencement of operation of the international border gate or main border gate (bilateral border gate).

Within 5 working days after receiving an official letter from the provincial-level administration of the neighboring country on agreed time of holding a ceremony to officially announce the opening or upgrading of the international border gate or main border gate (bilateral border gate), or agreed time of official commencement of operation of the international border gate or main border gate (bilateral border gate), the People’s Committee of the border province shall notify such to the ministries specified at Point d of this Clause for coordinated implementation.”

dd/ To amend Point a, Clause 2 as follows:

“a/ At the proposal of the provincial-level Border Guard Command, the chairperson of the People’s Committee of the border province shall decide to form a working team composed of representatives of the related provincial-level departments and sectors, including the Border Guard Command, Military Command, Public Security Department; Foreign Affairs Department; Industry and Trade Department; Health Department; Customs Department; Agriculture and Rural Development Department; Planning and Investment Department; Construction Department; Finance Department; Transport Department; Natural Resources and Environment  Department; and the People’s Committee of the district having to-be-opened or to-be-upgraded secondary border gate (local border gate) or border crossing, with the provincial-level Border Guard Command assuming the prime responsibility for conducting surveys to identify the site for the to-be-opened or to-be-upgraded secondary border gate (local border gate) or border crossing, physical foundations, equipment, facilities and human resources for inspection and control, and flows of people, vehicles and goods on entry and exit. Within 7 working days after completing the survey, the provincial-level Border Guard Command shall summarize survey results and propose the provincial-level People’s Committee on the opening or upgrading of the secondary border gate (local border gate) or border crossing.”

e/ To amend Point c, Clause 2 as follows:

“c/ Within 20 working days after the conclusion of negotiations with the provincial-level administration of the neighboring country, based on negotiation results, the People’s Committee of the border province shall send written requests for opinions to the Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Finance, Ministry of Agriculture and Rural Development, Ministry of Planning and Investment, Ministry of Construction, Ministry of Transport, Ministry of Health, and Ministry of Natural Resources and Environment (enclosed with a dossier comprising a written explanation about the opening or upgrading of the secondary border gate (local border gate) or border crossing (the original); a master plan diagrams and maps of the area for opening or upgrading of the secondary border gate (local border gate) or border crossing (the original); a report (the original) on the satisfaction of criteria for opening or upgrading of the secondary border gate (local border gate) or border crossing (according to the criteria specified in Appendix III to this Decree); a socio-economic, defense and security impact assessment report (the original); a report (the original) on flows of people, vehicles and goods on entry and exit (in case a border crossing is upgraded into a secondary border gate (local border gate); and copies of the agreement and negotiation minutes. Within 10 working days after receiving the written requests for opinions of the People’s Committee of the border province, the above-mentioned ministries shall give their written opinions.”

g/ To amend Point d, Clause 2 as follows:

“d/ Based on opinions of the ministries specified at Point c of this Clause, the People’s Committee of the border province shall send a sum-up report to the Government (enclosed with a dossier comprising a report to the Government made according to the form provided in Appendix II to this Decree (the original)); master plan diagrams and maps of the area for opening or upgrading of the secondary border gate (local border gate) or border crossing (the original); a report on the satisfaction of criteria for opening or upgrading of the secondary border gate (local border gate) or border crossing, (according to the criteria specified in Appendix III to this Decree); a socio-economic, defense and security impact assessment report (the original); a sum-up report on opinions of the ministries and sectors (the original); and copies of the agreement and negotiation minutes;

Within 10 working days after receiving the written approval of the Government, the chairperson of the People’s Committee of the border province shall issue a decision to open or upgrade the secondary border gate (local border gate) or border crossing and notify such to the ministries specified at Point c of this Clause.”

h/ To add Clause 3 below Clause 2, Article 20 as follows:

“3. Procedures for opening of customs-clearance paths or special-use roads for goods transport must comply with Clause 1 of this Article.”

13. To amend Clause 2, Article 22 as follows:

“2. To direct the Border Guards in:

a/ Performing the function of state management of national defense; security, foreign affairs, maintenance of political security, social order and safety under Articles 13, 14, 15 of the Law on Vietnam Border Defense;

b/ Performing responsibilities of the Border Guards at border gates under Clause 3, Article 1 of this Decree.”

14. To amend Clause 1, Article 26 as follows:

“1. The Ministry of Foreign Affairs shall:

a/ Assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, formulating master plans on border gates on the Vietnam-China land borderline, Vietnam-Laos land borderline and Vietnam-Cambodia land borderline under Clause 10 of this Article and relevant documents, and submitting them to the Prime Minister for approval;

b/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, considering and advising the Government on policies on opening and upgrading of border gates under Clause 12 of this Article and Article 20 of Decree No. 112/2014/ND-CP; and guide the implementation of the order and procedures for opening and upgrading of border gates and border crossings under this Decree and relevant documents.”

15. To annul Point a, Clause 4, Article 26.

16. To amend Clause 4, and add Clause 5 to, Article 27 as follows:

a/ To amend Clause 4 as follows:

“4. To direct Management Boards of Border Gate Economic Zones and Border Gate Management Boards in administering operations at border gates under Articles 9, 10 and 11 of the Prime Minister’s Decision No. 45/2013/QD-TTg of July 25, 2013, promulgating the Regulation on management of activities at land border gates.”

b/ To add Clause 5 as follows:

“5. To assume the prime responsibility for, and coordinate with related ministries and sectors in, making decision on investment in projects in border gate areas in accordance with law; to build border gate infrastructure facilities and complete them within 36 months after the Government’s Resolution on opening and upgrading of border gates is issued; to arrange human resources, equipment and facilities according to standards corresponding to the types of border gates specified in Appendix IV to this Decree.”

Article 2. Effect

1. This Decree takes effect on July 31, 2023.

2. For dossiers of request for opening or upgrading of international border gates or main border gates that have been reported to the Government (through the Ministry of Foreign Affairs) and dossiers of request for opening or upgrading of secondary border gates or border crossings that have been sent from People’s Committees of border provinces to the Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Finance, Ministry of Agriculture and Rural Development, Ministry of Planning and Investment, Ministry of Transport, and Ministry of Health for opinions before the effective date of this Decree the order, procedures and dossier components must comply with Decree No. 112/2014/ND-CP.

3. Articles 5, 6, 7, 13, 16, 21, 22, 23, 24, 25, 26 and 27 of Decree No. 112/2014/ND-CP will apply to border crossings specified in Clause 2, Article 1 of this Decree.-

On behalf of the Government
Prime Minister
PHAM MINH CHINH

* The appendices to this Decree are not translated.