Circular No. 01/2018/TT-BCT detailing goods for purchase and exchange through border gates and border crossings of traders

CIRCULAR

Detailed regulations on goods for sale and exchange through

secondary border gates and informal border crossings by traders

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

On the basis of Government Decree No. 14/2018/NĐ-CP dated 23 the 01 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).8 of the Government detailing concerning border trade activities;

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

4. Supplement Clause 7 following Clause 6 Article 2 as follows: detailed regulations on goods for sale and exchange through secondary border gates and informal border crossings by traders.

Article 1. Scope of Regulation

This Circular provides detailed regulations on goods for sale and exchange through secondary border gates and informal border crossings by traders as stipulated in Chapter II of Decree No. 14/2018/NĐ-CP dated January 23, 2018 of the Government detailing border trade activities.

Article 2. Applicability

1. Traders, organizations, and individuals participating in border trade activities involving the purchase and sale of goods.

2. Agencies and organizations managing and overseeing the purchase and sale of goods by traders through border crossings.

3. Other agencies, organizations, and individuals related to the purchase and sale of goods by traders through border crossings.

Article 3. Goods for sale and exchange through secondary border gates and informal border crossings by traders

1. Exported goods under the form of sale and exchange through secondary border gates and informal border crossings by traders shall be carried out in accordance with the provisions of the law.

2. Imported goods under the form of sale and exchange through secondary border gates and informal border crossings by traders shall be implemented specifically as follows:

a) For secondary border gates and informal border crossings within border economic zones, imported goods must comply with the provisions regarding international trade activities and agency services such as buying, selling, processing, and transiting goods with foreign countries.

b) For secondary border gates and informal border crossings outside border economic zones, only goods serving domestic production according to the List of Goods specified in Appendix I attached hereto are allowed to be imported.

Article 4. Implementation organization and responsibility for enforcement

1. The Ministry of Industry and Trade shall be responsible for: guiding, inspecting relevant agencies, organizations, individuals, and traders engaged in the sale and exchange of goods through secondary border gates and informal border crossings in implementing the provisions of this Circular.

2. The People's Committee of border provinces shall be responsible for:

a. Directing the Department of Industry and Trade to take the lead and coordinate with relevant agencies to manage traders' trading activities and advise the People's Committee of the province on plans to regulate goods when congestion occurs at secondary border gates and informal border crossings to prevent congestion, smuggling, and fraudulent trade practices in the province.

Article 5. Effective Date

1. This Circular takes effect from the date of signature.

2. Repeal Circular No. 34/2016/TT-BCT dated December 28, 2016 of the Ministry of Industry and Trade detailing the activities of traders purchasing goods through borders as stipulated in Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Prime Minister on the management of border trade activities with neighboring countries sharing borders.

3. In the course of implementation, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, and traders shall reflect them in writing to the Ministry of Industry and Trade for resolution.