Consolidated Document number 02/VBHN-BQP stipulates the management of land border gates.

DECREE

REGULATIONS ON BORDER GATE MANAGEMENT
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Government Decree No. 112/2014/ND-CP dated November 21, 2014, issued by the Government on border gate management, which took effect from January 15, 2015, amended and supplemented by:

Government Decree No. 34/2023/ND-CP dated June 16, 2023, amending and supplementing certain provisions of Decree No. 112/2014/ND-CP dated November 21, 2014, issued by the Government on border gate management, which took effect from July 31, 2023.

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

Pursuant to the Law on National Border dated June 17, 2003;

At the proposal of the Minister of National Defense,

The Government issues the Decree on border gate management[1].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates:

1. Activities of inspection, control, and supervision by specialized state management agencies at border gates and open border crossings.

2. Activities of departure, entry for persons; departure, entry, transit, temporary import for re-export, temporary export for re-import for means of transport (hereinafter referred to as departure, entry); export, import, temporary import for re-export, temporary export for re-import, transit, transshipment for goods and items (hereinafter referred to as export, import) through border gates and open border crossings (hereinafter referred to as departure, entry through border gates).

3. Border gate area; entering, exiting, residing temporarily, residing, activities within the border gate area; conditions, authority, time limits for restricting or suspending cross-border activities at border gates and open border crossings.

4. Opening, upgrading, planning, constructing and developing the system of land border gates.

5. Responsibilities of state management agencies in border gate management work and open border crossings.

Article 2. Applicability

1. Organizations and individuals of Vietnam and foreign countries departing, entering through border gates; entering, exiting, residing, engaging in activities within the border gate area and open border crossings.

2. Specialized state management agencies and related state management agencies for activities of departure, entry through border gates and open border crossings.

3. State management agencies with authority to open, upgrade, restrict, suspend cross-border activities at border gates and open border crossings and plan, construct and develop the system of land border gates.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

National Gate is the national gateway, constructed at border gates, reflecting Vietnamese cultural characteristics, expressing national independence and being a symbol of friendly relations and solidarity with neighboring countries.

2.[2] A land border gate (hereinafter referred to as border gate or gate) is a place where departure, entry, export, import, and cross-border activities on land are carried out. A border gate may include one or more types of operational characteristics: Road border gate, railway border gate, and inland waterway border gate.

3.[3] An inland waterway border gate (waterway border gate/river border gate) is a border gate opened on inland waterways passing through the national border on land.

4. The land border gate area (hereinafter referred to as border gate area) is a defined area where part of the administrative boundary coincides with the national border on land, including functional zones to ensure state management activities and service, trade activities at the border gate.

5. Specialized state management agencies at border gates are agencies performing functions and tasks of procedures, inspection, control, and supervision over persons, means of transport, goods, and items departing, entering through border gates; including: Border Guard; Customs; Quarantine (health, animals, plants).

6. Neighboring country is a country sharing a land border with the Socialist Republic of Vietnam, including the People's Republic of China, the Lao People's Democratic Republic, and the Kingdom of Cambodia.

7. Border residents on both sides are Vietnamese citizens and citizens of neighboring countries with permanent residence registration in communes, wards, towns (or equivalent administrative areas) where part of the administrative boundary coincides with the national border on land.

8. Goods of border residents are goods produced in the Socialist Republic of Vietnam or neighboring countries purchased, sold, exchanged in the border area on both sides to serve the living and production needs of border residents.

9. Items are material products departing, entering through border gates without commercial purposes, including:

a) Medical items are corpses, remains, ashes, biological products, medical microbiological samples, tissues, body parts;

b) Cultural and artistic items, containers containing cultural and artistic content;

c) Metal, gemstones, jewelry items;

d) Mineral, animal, plant specimens for research, collection, exhibition activities;

e) Items belonging to passenger luggage, personal effects departing, entering through border gates;

f) Other material products are items according to relevant laws and regulations.

10. Cross-border procedures are administrative procedures carried out by specialized state management agencies at border gates for persons, means of transport, goods, and items departing, entering across borders, including: Border Guard procedures, Customs procedures, Quarantine procedures, and other related procedures as prescribed by international treaties to which the Socialist Republic of Vietnam is a member.

11.[4] Border gate planning is the determination of development orientation for the border gate system along each land border between Vietnam-China, Vietnam-Laos, and Vietnam-Cambodia.

Article 4. Types of border gates; border crossing paths; customs clearance routes, dedicated cargo transport routes at international border gates, main border gates (bilateral border gates)[5]

1. Types of border gates

a) International border gate opened for Vietnamese and foreign individuals and means of transportation to exit and enter; for export and import goods and items;

b) Main border gate (bilateral border gate) opened for Vietnamese and neighboring country's individuals and means of transportation to exit and enter; for export and import goods and items;

c) Auxiliary border gate (local border gate) opened for Vietnamese and neighboring country's individuals and means of transportation belonging to the border province where the border gate is located to exit and enter; for export and import goods and items.

2. Border crossing paths (market border crossing roads, paired market border crossings; border goods clearance points; temporary crossing roads) opened for residents on both sides of the border, their means of transportation, goods and items, and traders' means of transportation and goods according to the provisions of Decree No. 14/2018/NĐ-CP dated January 23, 2018 by the Government detailing border trade activities; or may be opened in cases of force majeure or special requirements of both sides of the border.

3. Customs clearance routes, dedicated cargo transport routes at international border gates, main border gates (bilateral border gates) opened for exporting, importing goods and items or for other border crossings as agreed between the Government of the Socialist Republic of Vietnam and its neighboring countries sharing the border gate.

4. Types of border gates; border crossing paths; customs clearance routes, dedicated cargo transport routes and subjects exiting, entering, exporting, and importing through each type of border gate; border crossing paths; customs clearance routes, dedicated cargo transport routes for goods as stipulated in Clause 1, Clause 2, Clause 3 of this Article shall be implemented along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia according to the provisions of treaties and agreements between Vietnam and its neighboring countries.

Article 5. Principles of Exit and Entry through Border Gates

1. Individuals, means of transportation, goods, and items exiting and entering through border gates must have valid documents, comply with principles and procedures prescribed by laws on exit, entry, export, import, and other relevant laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a member; subject to management, inspection, supervision, and monitoring by specialized state management agencies at the border gate.

2. Individuals, means of transportation, and goods not belonging to border residents crossing through border crossing paths shall implement border trade policies as prescribed by the Prime Minister.

3. Activities of exit and entry across the border involving Vietnamese and foreign individuals, means of transportation, and goods and items can only be carried out at border gates and border crossing paths as stipulated in Article 4 of this Decree.

Article 6. Responsibilities of Specialized State Management Agencies at Border Gates

1.[6] Border Guard Force at the border gate:

a) Advise the Ministry of National Defense to implement state management contents concerning border gates under the responsibility of the Ministry of National Defense;

b) Manage and protect the national border, the system of national boundary markers, signs, and features, border works within the border gate area, border gate works; take the lead and coordinate with agencies and organizations to maintain security, public order, social safety, and protect the legitimate rights and interests of agencies, organizations, and individuals in the border gate area according to the law;

c) Control exit and entry at border gates managed by the Ministry of National Defense; carry out border procedures, issue, amend, supplement, cancel visas, issue temporary residence certificates according to the law on exit and entry; inspect and handle violations of the law on exit and entry at border gates managed by the Ministry of National Defense; inspect and control means of transportation when there are signs of violation of the law, handle means of transportation violating the law in the border area, border gate area according to the law;

d) Coordinate to inspect and supervise goods and items exiting and entering through border gates, ensuring the security of exported and imported goods; prevent smuggling and commercial fraud;

đ) Take the lead and coordinate with specialized state management agencies at border gates to establish cooperation regulations in carrying out tasks at border gates.

2.[7] The Customs Agency at the border gate takes the lead in implementing customs procedures, inspecting, supervising, and controlling exported, imported, transiting goods, and the luggage of individuals exiting and entering; preventing smuggling and illegal transportation of goods across the border. Coordinate to control means of transportation exiting, entering, and transiting. Organize the implementation of tax laws on exported and imported goods and other tasks as prescribed by the Customs Law.

3. The quarantine agency (health, animal, plant) leads and coordinates with specialized state management agencies at border gates to resolve issues related to quarantine activities and disease prevention at border gates.

4.[8] Specialized state management agencies at border gates are responsible for connecting and sharing information in the fields of export, import, transit of goods; exit, entry, transit of individuals and means of transportation according to the national single window mechanism.

5.[9] Based on their functions, tasks, and authorities as prescribed by law, specialized state management agencies at border gates may establish exchange mechanisms and consultations with counterpart agencies at the opposite border gate to cooperate in resolving issues within their areas of responsibility in exit and entry, export and import activities.

Article 7. Prohibited Acts in Border Gate Areas

1. Using counterfeit passports, documents, or passports and documents contrary to Vietnamese laws; organizing, guiding, transporting people for illegal exit or entry.

2. Propaganda, incitement, or acts that undermine security, cause disturbances, disrupt public order, create traffic jams hindering lawful activities at border gates; failing to comply with or obstructing inspections and controls by specialized state management agencies at border gates; illegally possessing, buying, selling, or transporting classified military, state secrets, harmful books, and cultural products.

3. Picking up, dropping off people, loading, unloading goods not in designated areas, entering restricted zones.

4. Causing public sanitation issues, environmental pollution, and other acts detrimental to the appearance of border gate areas.

5. Other activities contrary to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter II. REGULATIONS ON EXIT AND ENTRY THROUGH BORDER GATES, MANAGEMENT OF ACTIVITIES IN BORDER GATE AREAS

Article 8. Persons Exiting and Entering the Country

1. Vietnamese Citizens:

a)[10] Vietnamese citizens exiting and entering through border gates must meet the conditions stipulated in Articles 33 and 34 of the Law on Exit and Entry of Vietnamese Citizens;

b) Vietnamese citizens residing in border areas or border provinces who cross into adjacent border areas or provinces of neighboring countries must have a border pass or travel documents as prescribed by international treaties to which the Socialist Republic of Vietnam is a party.

2. Foreign Nationals:

a)[11] Foreign nationals exiting and entering through border gates must meet the conditions stipulated in Articles 20 and 27 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, amended and supplemented by Clauses 11 and 12 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam;

b) Citizens of neighboring countries residing in border areas or border provinces who cross into adjacent Vietnamese border areas or provinces must have a border pass or travel documents as prescribed by international treaties to which the Socialist Republic of Vietnam is a party.

Article 9. Means of Transport for Exit and Entry

1.[12] When Vietnamese and foreign means of transport exit or enter through border gates, they must comply with Vietnamese laws and international treaties on transportation to which the Socialist Republic of Vietnam is a party, and be subject to inspection, control, and supervision by specialized state management agencies at border gates.

2.[13] When Vietnamese and foreign means of transport exit or enter through border gates, they must possess the required documents as prescribed by Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

3. The person operating the means of transport and persons traveling on the means of transport for exit or entry must have the following documents:

a) Documents prescribed at Article 8 of this Decree;

b) Driver's license (for drivers);

c)[14] Other documents as prescribed by law and international treaties on transport to which the Socialist Republic of Vietnam is a party.

Article 10. Exported and imported goods

Exported and imported goods, temporarily imported for re-export, temporarily exported for re-import, transshipment, transit through border gates must have valid documents, comply with the principles and procedures stipulated by Vietnamese laws on export and import and international treaties to which the Socialist Republic of Vietnam is a party, and be subject to inspection, control, and supervision by specialized state management agencies at the gate.

Article 11. Border Gate Area

1. National gate.

2. Area for implementing procedures, inspections, controls, and supervision of the activities of export and import by specialized state management agencies at the border gate.

a) Barrier control system: To maintain security and order while regulating the activities of export and import of people, vehicles, and goods passing through border gates;

b) Joint control house, designated for the operational activities of specialized state management agencies, including: Waiting area for procedures; area for export and import procedures; foreign affairs room; violation handling room; command and operation room of specialized state management agencies; equipment and technical means area; meeting and reception room;

c)[15] Quarantine and medical treatment area; animal quarantine and treatment area;

d) Area for procedures, inspection, and supervision of vehicles and goods for export and import;

đ) Area for warehouses and docks for goods awaiting export and import; intermediate goods storage area;

e) Passenger pick-up and drop-off area (for railway border gates);

g) Wharf and anchorage area for watercraft waiting for departure, entry, and transit procedures (for inland waterway border gates);

3. Working area of related state agencies.

a) Office of the Border Gate Management Board;

b) Office of agencies such as Transport, Bank, Treasury, and other related agencies;

4. Area for service and trade activities.

a) Duty-free shops; retail stores, supermarkets, shopping centers;

b) Postal services;

c) Tourism services;

d) Parking lot and dock area;

đ) Duty-free zone (if any);

e) Other service and trade areas;

5. Prohibited area and other areas (if any);

6. The Ministry of Defense establishes the barrier control system and technical facilities to define the boundary between the border gate area and other areas and ensure political security and social order in the border gate area.

7. The border gate area shall be marked with signs "Border Gate Area" and a unified signposting system as prescribed by the Ministry of Defense.

8. The area for procedures, inspections, controls, and supervision at the border gate is established for specialized state management agencies to carry out procedures according to their functions and tasks as prescribed.

9. Within the border gate area, specialized state management agencies may arrange facilities and equip technical means to perform inspection, control, and supervision procedures as prescribed by law.

Article 12. Competence to determine the scope of border gate areas; border crossing paths; customs clearance routes, dedicated cargo transportation roads, and planning for border gate area construction and border crossing paths.

1. The Government decides to approve the scope of international border gate areas, main border gates (bilateral border gates); customs clearance routes, dedicated cargo transportation roads.

2. Provincial People's Committees along the border

a) Decide to approve the scope of sub-border gate areas (local border gates), border crossing paths;

b) Take the lead and coordinate with the Ministries of National Defense, Public Security, Foreign Affairs, Finance, Industry and Trade, Health, Natural Resources and Environment, Agriculture and Rural Development, Construction to determine the scope of international border gate areas, main border gates (bilateral border gates); customs clearance routes, dedicated cargo transportation roads and report to the Government for decision;

c) Take the lead and coordinate with the Ministries of National Defense, Public Security, Foreign Affairs, Finance, Industry and Trade, Construction, Transport, Planning and Investment, Natural Resources and Environment to establish, review and submit plans for constructing international border gate areas, main border gates (bilateral border gates) for approval by the Prime Minister;

d) Establish, review and approve detailed construction plans and zoning plans within international border gate areas, main border gates (bilateral border gates);

đ) Establish, review and approve plans for constructing sub-border gate areas (local border gates), border crossing paths.

3. The Border Guard Command of the province shall take the lead and coordinate with provincial agencies including the Military Command, Public Security, Foreign Affairs, Industry and Trade, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transport, Natural Resources and Environment, and the People's Committee of the district having sub-border gates (local border gates), border crossing paths to determine the scope of sub-border gate areas (local border gates), border crossing paths and report to the provincial People's Committee for decision.

Article 13. Activities in border gate areas

1. Persons permitted to enter and exit border gate areas:

a) Departing and arriving passengers;

b) Officials, soldiers, staff, civil servants of specialized state management agencies and related state agencies with offices or working premises within border gate areas;

c) Staff of agencies, organizations, individuals engaged in service and trade activities within border gate areas;

d) Drivers and workers on means of transport carrying exported, imported goods, departing, arriving passengers;

đ) Exporters, importers entering and exiting border gate areas to perform export and import procedures;

e) Persons coming to work with specialized state management agencies and related agencies with offices or working premises within border gate areas;

g) Persons coming for medical examination and treatment (in cases where there are medical zones within border gate areas);

h) In addition to the cases specified in Points a, b, c, d, đ, e, g of this Clause, persons entering and exiting border gate areas for sightseeing, welcoming and seeing off purposes or other purposes must be authorized and subject to inspection, supervision, guidance by the Border Gate Police Station.

2. Persons permitted to temporarily reside in border gate areas:

a) Officials, soldiers, staff, civil servants of specialized state management agencies and related agencies with offices or working premises within border gate areas;

b) Staff of agencies, organizations, individuals engaged in service and trade activities within border gate areas;

c) Vietnamese and foreigners staying in border gate areas due to incomplete departure or arrival procedures for persons, means of transport, goods, or those staying for other lawful reasons must register temporary residence and be subject to management, inspection, supervision by the Border Gate Police Station.

3. Organizations and individuals engaged in service and trade activities within border gate areas must have permits issued by competent authorities and operate according to the fields specified in the permits.

4. Means of transport permitted to enter, exit, operate, and stay in border gate areas:

a) Means of transport carrying departing and arriving passengers, exported and imported goods; means of transport loading and unloading goods at warehouses and yards within border gate areas;

b) Means of transport that are exported and imported goods;

c) Means of transport carrying officials, soldiers, staff, civil servants to work at border gates or means of transport belonging to officials, soldiers, staff, civil servants working at border gates;

d) Means of transport of Vietnam and foreign countries staying in border gate areas due to incomplete departure or arrival procedures for means of transport, goods must register temporary stay and be subject to management, inspection, supervision by the Border Gate Police Station;

đ) Means of transport entering, exiting, operating, and staying in border gate areas must have complete valid documents consistent with their purpose of operation at the border gate.

5. The Border Guard shall take the lead and coordinate with specialized state management agencies to guide procedures, inspect, supervise organizations, individuals, means of transport of Vietnam and foreign countries operating in border gate areas in accordance with this Decree, relevant laws, and international treaties to which the Socialist Republic of Vietnam is a member.

Article 14. Inspection and control chains of specialized state management agencies at international border gates, main border gates (bilateral border gates)

1. For persons, means of transport exiting and entering; exported and imported goods:

a) Exit gate: Customs - Quarantine (health, animals, plants) - Border Guard;

b) Entry gate: Border Guard - Quarantine (health, animals, plants) - Customs.

2. In case of disease outbreaks, the inspection and control chain for persons, means of transport exiting and entering; exported and imported goods shall be arranged as follows:

a) Exit gate: Quarantine (health, animals, plants) - Customs - Border Guard;

b) Entry gate: Quarantine (health, animals, plants) - Border Guard - Customs.

3.[17] In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different regulations on inspection and control chains as stipulated in Clause 1 and Clause 2 of this Article, such provisions shall be implemented according to the treaty's regulations.

Article 15. Inspection, control, and supervision at secondary border gates and border crossings

1. At secondary border gates and border crossings that have all specialized state management agencies and infrastructure and technical facilities ensuring state management (areas for exit and entry inspection, control, and supervision procedures; areas for warehouses and docks for goods awaiting export and import; transportation routes for goods; parking and docking areas), the activities of inspection, control, and supervision of cross-border movement of persons and goods shall be conducted as at international border gates and main border gates.

2. At secondary border gates and border crossings lacking all specialized state management agencies and infrastructure and technical facilities, the inspection, control, and supervision procedures for cross-border movement of residents on both sides shall be carried out at Border Guard Control Posts.

3. The Ministries of National Defense, Industry and Trade, Finance, and People's Committees of border provinces shall coordinate to direct and manage cross-border movements through border crossings to effectively implement border trade policies in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 16. Working hours at border gates

1. Working hours at border gates shall be implemented according to the provisions of international treaties to which the Socialist Republic of Vietnam is a party.

2. The governments of both sides shall jointly decide to change working hours at international border gates and main border gates (bilateral border gates) through diplomatic channels.

3. The Chairman of the People's Committee of a border province shall coordinate with the provincial government across the border to establish and change working hours at secondary border gates and border crossings after coordinating with the Ministry of National Defense and the Ministry of Finance.

4. The Commander of the Border Guard Command of a border province shall coordinate with the competent agency of the neighboring country, and decide on opening border gates outside regular working hours for urgent reasons related to national defense, security, natural disasters, fires, rescue operations, pursuit of criminals, or other force majeure reasons, while promptly reporting to the People's Committee of the province, the Border Guard Command, and bearing legal responsibility for their decisions.

Article 17. Implementation of restrictions or temporary suspension of cross-border activities at border gates; border crossing points; customs clearance routes, dedicated cargo transportation roads.

The implementation of restrictions or temporary suspension of cross-border activities at border gates; border crossing points; customs clearance routes, dedicated cargo transportation roads shall be carried out in accordance with the provisions of Clause 1, Point c Clause 2, Clause 4, Clause 5, Clause 6, and Clause 7, Article 11 of the Law on Border Defense of Vietnam.

Chapter III. PLANNING AND CONSTRUCTION OF BORDER GATES

Article 18. Planning of border gates

1. The planning of border gates, construction, and development of the border gate system must be based on the specific conditions of each border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia, each locality, in line with the requirements for economic and social development and ensuring national defense, security, territorial sovereignty, as directed in regional planning, sectoral planning; it must comply with the relevant laws on construction and planning.

2. The Prime Minister approves the planning of border gates along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia, and decides to adjust or supplement the planning when necessary.

3. The Ministry of Foreign Affairs

a) To take the lead and coordinate with the Ministries of National Defense, Public Security, Finance, Natural Resources and Environment, Industry and Trade, Transport, Planning and Investment, Agriculture and Rural Development, Construction, Health in organizing the preparation, examination, and approval of tasks for border gate planning along each border line, including: Planning of border gates along the land border line between Vietnam and China, Planning of border gates along the land border line between Vietnam and Laos, Planning of border gates along the land border line between Vietnam and Cambodia according to the procedures stipulated in Appendix I this Decree;

b) To take the lead and coordinate with the agencies mentioned in Point a Clause 3 of this Article and related localities in preparing and examining the planning of border gates along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia for submission to the Prime Minister for consideration and approval according to the procedures stipulated in Appendix I this Decree;

this Decree; Appendix I c) To organize the publication and provision of information on planning; to implement, evaluate, and propose adjustments or supplements to the planning of border gates along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia according to the provisions in

this Decree and relevant regulations of the Law on Planning.

Article 19. Principles and authority for opening and upgrading border gates

1. Principles for opening and upgrading border gates:

b)[20] a) With the agreement of the provincial authorities on both sides of the border gate; the consent of the Government of the Socialist Republic of Vietnam and the neighboring country's government or by the competent authority of Vietnam deciding to open in accordance with the provisions of this Decree;

In line with bilateral agreements on border gate development between Vietnam and the neighboring country; within the planning of border gates along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia;

In special cases, the Government decides to open or upgrade border gates not included in the planning of border gates along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia to meet the requirements for economic and social development or to serve urgent needs.

d)[21] Ensuring factors of national border territory sovereignty and national defense-security, foreign relations; ANNEX III Meeting the general criteria prescribed in

the annexes to this Decree.

a)[22] 2. Authority for opening and upgrading border gates:

The Government decides on the opening and upgrading of international border gates, main border gates (bilateral border gates), and the opening of customs clearance routes, dedicated cargo transportation roads in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party;

Article 20[23]. Procedures for opening and upgrading border gates; border crossing points; customs clearance routes, dedicated transportation routes for goods

1. The procedures and formalities for opening and upgrading international border gates and main border gates (bilateral border gates) shall be carried out as follows:

a) Upon the proposal of the Border Guard Command of the province, the Chairman of the People's Committee of the border province decides to establish a working delegation representing relevant provincial departments, including: the Border Guard Command, the Military Command, Public Security, Foreign Affairs, Industry and Trade, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transport, People's Committees of districts with the proposed border gate to be opened or upgraded, which will be conducted by the Border Guard Command of the province to survey and determine the location for opening and upgrading the border gate, the situation of infrastructure, equipment, inspection and control forces, flow of people, vehicles, and goods exported and imported. Within ten working days from the completion of the survey, the Border Guard Command of the province compiles the survey results and proposes to the Chairman of the People's Committee of the province on the matter of opening and upgrading the international border gate and main border gate (bilateral border gate);

b) Within fifteen working days from the date of receiving the proposal of the Border Guard Command of the province regarding the opening and upgrading of the international border gate and main border gate (bilateral border gate), the People's Committee of the border province sends a letter to the local government of the neighboring border province requesting to hold talks to agree on the location, opening or upgrading, and implementation plan (estimated time for opening and upgrading) of the border gate;

c)[24] Within twenty working days from the end of the talks with the neighboring border provincial government, the People's Committee of the border province reports to the Government (through the Ministry of Foreign Affairs) the dossier on the matter of opening and upgrading the border gate (one set of dossier, including: Detailed report on the matter of opening and upgrading the international border gate and main border gate (bilateral border gate); Diagrams and maps of the overall planning area for the international border gate and main border gate (bilateral border gate) (original); original Report on the criteria for proposing the opening and upgrading of the international border gate and main border gate (bilateral border gate) (according to the criteria stipulated in ANNEX III this Decree); Original report on the impact assessment on the economy, society, national defense, and security; original report on the flow of people, vehicles, and goods exported and imported (for the proposed upgraded border gate); copy of the Minutes of the agreement and talks;

d)[25] Within thirty working days from the date of receiving the report on the dossier for opening and upgrading the border gate from the People's Committee of the border province, the Ministry of Foreign Affairs leads and coordinates with the Ministries of National Defense, Public Security, Industry and Trade, Finance, Planning and Investment, Construction, Transport, Agriculture and Rural Development, Health, Natural Resources and Environment to conduct surveys at the locations intended for opening and upgrading the international border gate and main border gate (bilateral border gate);

d) Within twenty working days from the completion of the survey, the Ministry of Foreign Affairs compiles the survey results and opinions of the ministries, and reports to the Government for a decision on the matter of opening and upgrading the international border gate and main border gate;

e) Within ten working days from the date the Government makes a decision on the matter of opening and upgrading the border gate, the Ministry of Foreign Affairs sends a diplomatic note to the neighboring country informing the policy of the Socialist Republic of Vietnam agreeing to open and upgrade the international border gate and main border gate;

g)[26] Within ten working days from the date of receiving the diplomatic note from the neighboring country agreeing to open and upgrade the border gate through diplomatic channels, the Ministry of Foreign Affairs informs the People's Committee of the border province to exchange and unify with the local government of the neighboring border province, coordinating to organize the inauguration ceremony for opening and upgrading the international border gate and main border gate (bilateral border gate) or unifying the official operation time of the international border gate and main border gate (bilateral border gate);

Within five working days from the date of receiving the reply from the local government of the neighboring border province agreeing to the time for organizing the inauguration ceremony for opening and upgrading the international border gate and main border gate (bilateral border gate), or unifying the official operation time of the international border gate and main border gate (bilateral border gate), the People's Committee of the border province notifies the ministries specified in point d clause of this article to coordinate in implementing the matter;

2. The procedures and formalities for opening and upgrading sub-border gates and border crossing points shall be carried out as follows:

a)[27] Upon the proposal of the Border Guard Command of the province, the Chairman of the People's Committee of the border province decides to establish a working delegation representing relevant provincial departments, including: the Border Guard Command, the Military Command, Public Security, Foreign Affairs, Industry and Trade, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transport, Natural Resources and Environment, People's Committees of districts with the proposed sub-border gate (local border gate), border crossing point to be opened or upgraded, which will be conducted by the Border Guard Command of the province to survey and determine the location for opening and upgrading the sub-border gate (local border gate), border crossing point, the situation of infrastructure, equipment, inspection and control forces, flow of people, vehicles, and goods exported and imported. Within seven working days from the completion of the survey, the Border Guard Command of the province compiles the survey results and proposes to the Chairman of the People's Committee of the province on the matter of opening and upgrading the sub-border gate (local border gate), border crossing point;

b) Within fifteen working days from the date of receiving the proposal of the Border Guard Command of the province regarding the opening of the sub-border gate, or upgrading the border crossing point to a sub-border gate, the People's Committee of the border province sends a letter to the local government of the neighboring border province requesting to hold talks to agree on the location and estimated time for opening and upgrading the sub-border gate and border crossing point;

c)[28] Within twenty working days from the date of concluding talks with the provincial border authority of the neighboring country, based on the results of the talks, the People's Committee of the border province shall submit a request for opinions to the following Ministries: National Defense, Foreign Affairs, Public Security, Industry and Trade, Finance, Agriculture and Rural Development, Planning and Investment, Construction, Transport, Health, Natural Resources and Environment (accompanied by one set of files including: Detailed report on the establishment and upgrading of the sub-border gate (local border gate) and border crossing route (original copy); overall planning diagram and map of the area for establishing and upgrading the sub-border gate (local border gate) and border crossing route (original copy); original copy of the report on criteria for establishing and upgrading the sub-border gate (local border gate) and border crossing route (according to the criteria stipulated in ANNEX III this Decree); report on impact assessment on economy, society, national defense, and security (original copy); original copy of the report on the volume of people, vehicles, and goods exiting and entering (in case of upgrading from a border crossing route to a sub-border gate (local border gate)); copy of the Minutes of agreement and talks. Within ten working days from the date of receiving the request for opinions from the People's Committee of the border province, the ministries must provide their responses in writing.

d)[29] Based on the opinions of the ministries specified in point c of this clause, the People's Committee of the border province shall compile and submit a report requesting the Government's opinion (accompanied by one set of files including: Original copy of the proposal to the Government (according to the model prescribed in Seal Registration Certificate this Decree); overall planning diagram and map of the area proposed for establishing and upgrading the sub-border gate (local border gate) and border crossing route (original copy); report on criteria for establishing and upgrading the sub-border gate (local border gate) and border crossing route (according to the criteria stipulated in ANNEX III this Decree); report on impact assessment on economy, society, national defense, and security (original copy); report on the summary of opinions from the ministries and sectors (original copy); copy of the Minutes of agreement and talks;

Within ten working days from the date of receiving the notification of the Government's approval, the Chairman of the People's Committee of the border province shall issue a decision on establishing and upgrading the sub-border gate (local border gate) and border crossing route and notify the ministries specified in point c of this clause;

d) Within seven working days from the date of issuing the decision on establishing and upgrading the sub-border gate and border crossing route, the People's Committee of the border province shall send a letter to the provincial border authority of the neighboring country to exchange and agree on the official operating time of the sub-border gate and border crossing route (based on actual circumstances, it may be proposed to organize a ceremony to announce the opening of the sub-border gate and border crossing route);

Within five working days from the date of receiving the reply from the provincial border authority of the neighboring country agreeing on the official operating time of the sub-border gate and border crossing route, the People's Committee of the border province shall notify the ministries specified in Point c Clause this to coordinate implementation.

3.[30] The procedures for opening a border crossing route and dedicated transport routes for goods shall be carried out in accordance with the provisions of Clause 1 of this Article.

Chapter IV. STATE MANAGEMENT AND RESPONSIBILITIES OF MINISTRIES, SECTORS, AND PROVINCE PEOPLE'S COMMITTEES FOR BORDER GATES

Article 21. Contents of state management over border gates

1. Issuing and implementing regulatory legal documents on border gates.

2. Propagating, disseminating, and educating the law on border gates.

3. Developing overall planning for the development of the border gate system on land; opening, upgrading border gates, and border crossings.

4. Formulating policies to manage activities of export and import through border gates.

5. Organizing, training, and enhancing the professional expertise of specialized state management forces at border gates; investing in equipment, constructing infrastructure in the border gate area, researching, and applying science and technology to meet management requirements and facilitate export and import activities through border gates.

6. Negotiating, signing, and implementing international treaties on border gates; international cooperation in building and managing border gates.

7. Inspecting, checking, settling complaints and denunciations, and handling violations of the law on border gates.

Article 22. Responsibilities of the Ministry of National Defense

1. Taking the lead and coordinating with relevant ministries, sectors, and provincial people's committees along the border to be responsible before the Government for state management over border gates.

2.[31] Directing the Border Guard Force

a) Implementing the function of state management on national defense, security, and foreign affairs, ensuring political security and social order and safety as stipulated in Articles 13, 14, and 15 of the Law on Border Defense of Vietnam;

b) Fulfilling the responsibilities of the Border Gate Border Guard Force as prescribed in Clause 3, Article 1 of this Decree.

3. Coordinating with the Ministry of Foreign Affairs, related ministries, and provincial people's committees along the border in developing, planning, and developing the border gate system to meet requirements for national defense and security.

4. Annually, coordinating with the Ministry of Finance and the Ministry of Planning and Investment to prepare the budget to implement this Decree.

Article 23. Responsibilities of the Ministry of Finance

1. Coordinating with the Ministry of National Defense in financial work to implement this Decree according to the provisions of the State Budget Law and guiding documents.

2. Directing customs agencies to perform the function of state management on customs at border gates according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 24. Responsibilities of the Ministry of Health

1. Organizing, guiding, and ensuring equipment for health quarantine agencies to perform health quarantine functions at border gates and border crossings according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

2. Coordinating with the Ministry of National Defense to limit or suspend cross-border activities at border gates and border crossings when an epidemic occurs among people as prescribed in this Decree.

Article 25. Responsibilities of the Ministry of Agriculture and Rural Development

1. Directing animal and plant quarantine agencies to perform animal and plant quarantine functions at border gates and border crossings according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

2. Coordinating with the Ministry of National Defense to limit or suspend cross-border activities at border gates and border crossings when an epidemic occurs as prescribed in this Decree.

Article 26. Responsibilities of Relevant Ministries and Sectors

1.[32] Ministry of Foreign Affairs

a) Take the lead and coordinate with relevant ministries, sectors, and localities to develop border gate planning along each land border between Vietnam and China, Vietnam and Laos, and Vietnam and Cambodia in accordance with Clause 10 of this Article and related documents for submission to the Prime Minister for approval;

b) Take the lead and coordinate with relevant ministries and sectors to examine and advise the Government on policies for opening and upgrading border gates in accordance with Clause 12 of this Article and Article 20 of the Government's Decree number 112/2014/ND-CP dated November 21, 2014 on management of land border gates; guide the implementation of procedures and formalities for opening and upgrading border gates and border crossing paths in accordance with this Decree and related documents.

2. The Ministry of Public Security:

a) Coordinate with the Ministry of National Defense to guide activities of exit and entry control through border gates;

b) Direct public security units and localities to cooperate with Border Guard forces and relevant agencies to perform tasks of national security protection, maintaining social order and safety, and combating crime in border gate areas.

3. The Ministry of Industry and Trade:

a) Implement state management over export, import, and cross-border trade activities through border gates;

b) Develop annual and period-specific cross-border trade policies for submission to the Prime Minister for approval;

c) Coordinate with relevant ministries and sectors, People's Committees of border provinces to combat smuggling and commercial fraud through border gates.

Direct the construction of projects and investmentprojects according to requirements and standards for air defense safety.Direct the organization of construction of key shelters.

a)[33] (Repealed);

b) Study and develop design standards for the National Gate and Joint Inspection Building, seek opinions from the Ministries of National Defense, Finance, Health, Agriculture and Rural Development, Planning and Investment, Culture, Sports and Tourism, submit to the Prime Minister for approval to implement uniformly nationwide;

c) Implement state management over construction for technical infrastructure projects and construction works within land border gate areas according to their functions, tasks, and authorities as prescribed.

5. The Ministry of Planning and Investment:

a) Take the lead and coordinate with the Ministries of National Defense, Public Security, Foreign Affairs, and relevant ministries and sectors, People's Committees of border provinces to advise the Government on developing strategies for economic and social development in border gate areas nationwide;

b) Annually, take the lead and coordinate with the Ministry of Finance to balance the budget for investment development and mobilize other resources to invest in construction projects within land border gate areas.

6. The Ministry of Transport:

a) Develop planning for the development of transportation infrastructure systems at border gates nationwide for submission to the Government for approval; take the lead and coordinate with relevant ministries and sectors, People's Committees of border provinces to connect roads at Vietnamese border gates with those of neighboring countries;

b) Implement regulations on transportation vehicle activities exiting and entering border gates in accordance with international treaties to which the Socialist Republic of Vietnam is a party.

7. The Joint Management Committee for Border Gates of Vietnam:

Take the lead and coordinate with relevant ministries, sectors, and localities to implement the Agreement on Border Gates and Regulations on Border Gate Management between Vietnam and China, in accordance with the functions, tasks, and authorities stipulated in the Charter of the Joint Management Committee for Border Gates between Vietnam and China and related laws.

Article 27. Responsibilities of the People's Committees of border gate provinces

1. Direct the construction of National Gates, Joint Inspection Houses, infrastructure, and traffic systems in border gate areas.

2. Allocate budget funds to install various types of signs and directional boards at border gates.

3. Annually allocate local government budget funds to implement the Decree; coordinate with the Ministry of National Defense and relevant ministries and sectors to organize propaganda, dissemination, and implementation of the Decree.

4.[34] Direct the Management Board of Border Economic Zones and the Management Board of Border Gates to perform management responsibilities at border gates in accordance with Articles 9, 10, and 11 of Decision No. 45/2013/QĐ-TTg dated July 25, 2013, issued by the Prime Minister on the issuance of the Regulation on the management of activities at land border gates.

5.[35] Take the lead and coordinate with relevant ministries and sectors to decide on investment projects in border gate areas in accordance with the provisions of the law; implement the construction of border gate infrastructure and complete within a period not exceeding thirty-six months from the date of the Government's Resolution on opening and upgrading border gates; arrange manpower and equipment according to the standards of the corresponding type of border gate as stipulated in this Decree. REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS Meeting the general criteria prescribed in

Chapter V. IMPLEMENTATION PROVISIONS[36]

Article 28. Effective Date

This Decree takes effect from January 15, 2015, and replaces Decree No. 32/2005/NĐ-CP dated March 14, 2005, of the Government on the Regulations on land border gates.

Article 29. Responsibilities for guidance and enforcement

1. Ministers: National Defense, Public Security, Finance, Industry and Trade, Foreign Affairs, Health, Agriculture and Rural Development, Transport, Construction shall, within their respective authorities, be responsible for detailing and guiding the provisions set out in this Decree.

2. The Ministry of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide and inspect the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial People's Committees under the central government, related agencies, organizations, and individuals shall be responsible for implementing this Decree./.

Appendix I

PROCEDURES FOR THE PREPARATION, REVIEW, APPROVAL AND
AMENDMENT AND SUPPLEMENT OF BORDER GATE PLANS
dated October 1, 34/2023/ND-CP (Passed on June 16, 2023 by the Government)
________________________

I. PREPARATION OF PLANS

1. Procedures for preparation, review, and approval of plans

a) The Minister of Foreign Affairs assigns the task of preparing the plan to the planning agency.

b) The planning agency organizes the development, or hires consultants to prepare the task of preparing the plan, and submits it to the Minister of Foreign Affairs for review and approval.

c) The planning agency implements the development of the plan and sends it for comments in accordance with Clause 10, Article 1 of this Decree.

d) The planning agency incorporates and explains comments and completes the plan to submit to the Plan Review Council.

đ) The planning agency completes the plan according to the conclusions of the Plan Review Council, reports to the Minister of Foreign Affairs for consideration and submission to the Prime Minister for approval.

2. Tasks of preparing the plan

The tasks of preparing the plan include the following main contents:

a) Name of the plan.

b) Basis for preparing the plan.

c) Planning period, boundary limits of the plan.

d) Views, objectives, content, and methods of preparing the plan.

đ) Time limit for preparing the plan.

e) Components, quantity, and standards and specifications of planning products.

g) Costs of preparing the plan.

3. Review of the task of preparing the plan

a) The Minister of Foreign Affairs decides to establish the Plan Preparation Task Review Council.

b) The Plan Preparation Task Review Council consists of: The Chairman of the Council is the leadership of the Ministry of Foreign Affairs; the Vice-Chairman of the Council and members of the Council include representatives of the Ministries of National Defense, Public Security, Planning and Investment, Finance, Natural Resources and Environment, Industry and Trade, Transport, Agriculture and Rural Development, Health, Construction, and representatives of the People's Committee of border provinces, representatives of the planning agency and related units under the Ministry of Foreign Affairs, experts in planning, including two members as critical reviewers.

c) The meeting to review the task of preparing the plan will be held when at least two-thirds (2/3) of the members of the Plan Preparation Task Review Council are present, including the Chairman of the Council or the Vice-Chairman of the Council and two members as critical reviewers.

d) Mechanism for decision-making of the Plan Preparation Task Review Council:

- The Plan Preparation Task Review Council operates in a collective manner, openly discusses, and votes by ballot with a majority;

- The task of preparing the plan is eligible for approval when at least two-thirds (2/3) of the members of the Plan Preparation Task Review Council present at the meeting vote in favor of approval or approval with amendments.

đ) Documents for reviewing the task of preparing the plan include:

- Proposal for approval of the task of preparing the plan;

- Draft decision on approval of the task of preparing the plan;

- The task of preparing the plan;

- Other Relevant Documentation (if any).

e) Content of reviewing the task of preparing the plan:

- The appropriateness of legal bases;

- The appropriateness, scientific nature, and reliability of the content and methods of preparing the plan;

- The appropriateness between the content of the task of preparing the plan and the budget estimate and sources of funding for preparing the plan;

- The feasibility of the plan for preparing the plan.

g) The Plan Preparation Task Review Council conducts the review of the task of preparing the plan within twenty days from the date all necessary documents are available as provided in Point đ, Clause 3, Part I of the Appendix.

h) Minutes of the meeting to review the task of preparing the plan:

- The minutes of the meeting to review the task of preparing the plan must clearly reflect the opinions of the members of the Plan Preparation Task Review Council and the conclusion of the Chairman of the Plan Preparation Task Review Council;

- Within ten days from the date of the meeting of the Plan Preparation Task Review Council, the Council is responsible for completing the minutes of the meeting to review the task of preparing the plan;

- Within fifteen days from the date of receipt of the minutes of the meeting to review the task of preparing the plan, the planning agency completes the documents and submits them to the Minister of Foreign Affairs for approval.

4. Approval of the task of preparing the plan

a) The Minister of Foreign Affairs approves the task of preparing the plan.

b) Documents for approval of the task of preparing the plan include:

- Proposal for approval of the task of preparing the plan;

- Draft Decision of the Minister of Foreign Affairs approving the task of preparing the plan along with the task of preparing the plan;

- Minutes of the meeting to review the planning task;

- Other Relevant Documentation (if any).

c) The decision approving the planning task shall include the following main contents:

- Name of the plan, planning period, scope and boundary of the plan;

- Requirements regarding viewpoints, objectives, principles for planning;

- Requirements regarding the content and methods of planning;

- Deadline for planning;

- Provisions on the components, quantity, and standards and formats of the planning dossier;

- Costs for planning.

5. Soliciting Opinions on the Plan

a) The entities soliciting opinions on the plan include the ministries, sectors mentioned in Clause 10, Article 1 of this Decree and the People's Committees of border provinces concerned.

b) Soliciting opinions from ministries, agencies at ministerial level, and People's Committees of border provinces concerned on the plan shall be carried out as follows:

- The Ministry of Foreign Affairs shall submit the planning dossier including: Summary Report, Comprehensive Report, Strategic Environmental Assessment Report, diagrams, maps showing current status and planning schemes based on topographic maps of the Vietnam-China, Vietnam-Laos, and Vietnam-Cambodia borders;

- Entities asked for their opinions shall provide written responses within twenty days from the date they receive the dossier for soliciting opinions on the plan.

c) The entity drafting the plan shall compile opinions and explain, incorporate opinions before submitting for review of the plan.

d) Soliciting opinions from other relevant agencies, organizations, and individuals shall be conducted by posting draft plans on the electronic information website of the Ministry of Foreign Affairs (excluding those parts related to state secrets as prescribed by law) for at least thirty days from the date of posting the dossier for soliciting opinions.

II. REVIEWING AND APPROVING THE PLAN

1. Planning Review Board

a) The Minister of Foreign Affairs decides to establish the Planning Review Board and the Supporting Team of the Planning Review Board.

b) The Planning Review Board consists of:

- The Chairman of the Board is a leader of the Ministry of Foreign Affairs;

- Deputy Chairmen of the Board;

- Members of the Planning Review Board including representatives from the Ministries of National Defense, Public Security, Planning and Investment, Finance, Natural Resources and Environment, Industry and Trade, Transport, Agriculture and Rural Development, Construction, Health, representatives from the drafting entity and related units under the Ministry of Foreign Affairs, experts in planning, including two members who are critical reviewers.

c) Responsibilities and authorities of the Planning Review Board

- The Chairman of the Board is responsible for the activities of the Planning Review Board; organizing and chairing meetings of the Board; assigning tasks to members of the Planning Review Board; reporting the results of the plan review;

- Critical reviewers have the responsibility to attend all meetings of the Planning Review Board; studying the dossier submitted for plan review; preparing written critical reviews to be sent to the Supporting Team of the Planning Review Board before the meeting of the Planning Review Board;

- Members of the Planning Review Board attend meetings of the Planning Review Board; study the dossier submitted for plan review; prepare written opinions at meetings of the Planning Review Board on their specialized fields and other tasks assigned by the Chairman of the Board; have the right to reserve their opinions.

d) The Supporting Team of the Planning Review Board is responsible for receiving, studying, and processing the dossier; providing the dossier for plan review to members of the Planning Review Board for research and participation in opinions; organizing meetings of the Planning Review Board upon request of the Chairman of the Planning Review Board; drafting the Minutes of the Planning Review Board meeting and the Report on the Plan Review.

2. Dossier for Plan Review

a) Summary Report; Comprehensive Report on the Plan;

b) Strategic Environmental Assessment Report;

c) Diagrams and maps showing current status and planning schemes based on topographic maps of the Vietnam-China, Vietnam-Laos, and Vietnam-Cambodia borders;

d) Summary Report on opinions contributed by agencies, organizations, communities, and individuals on the plan; copies of opinions contributed by ministries, agencies at ministerial level, and related localities; Report on explaining and incorporating opinions on the plan;

6. The procedure for the Standing Committee of the National Assembly to consider the draft legislative direction proposal for the National Assembly's term shall be carried out in accordance with the provisions of Article 23 of this Regulation."

3. Contents of Plan Review

a) Compliance with the approved planning task;

b) Scientific nature, reliability of planning methods and solutions;

c) Consistency among major topics of the plan to be established;

d) Connectivity with infrastructure planning and related plans;

đ) Feasibility of the plan.

4. Plan Review

a) The entity drafting the plan sends the dossier for plan review to the Planning Review Board through the Supporting Team of the Planning Review Board to send to members of the Planning Review Board.

b) Within twenty days from the date of receipt of the dossier for plan review, critical reviewers must submit written opinions to the Planning Review Board through the Supporting Team of the Planning Review Board to organize a meeting.

If necessary, the Planning Review Board may seek opinions from experts, social-professional organizations, and other related organizations on the content of the plan by organizing conferences, seminars, and specialized roundtables and compiling opinions to report to the Planning Review Board; the Planning Review Board has the right to request the entity submitting the dossier for plan review to provide additional information and explanations on related contents.

c) The plan review meeting shall be held when at least two-thirds (2/3) of the members of the Planning Review Board are present, including the Chairman of the Planning Review Board or the Deputy Chairman of the Planning Review Board and two critical reviewers.

d) Decision-making mechanism of the Planning Review Board

- The Planning Review Board operates in a collective manner, openly discussing and voting by ballot with a majority;

- The plan is eligible for approval when at least two-thirds (2/3) of the members of the Planning Review Board attending the meeting vote in favor of its approval or approval with amendments.

đ) Reporting the Results of the Plan Review

- Within ten days from the date of the Planning Review Board meeting, the Board is responsible for completing the report on the results of the plan review. The report on the results of the plan review must clearly reflect the opinions of the Board members and the conclusion of the Chairman of the Planning Review Board;

- The report on the results of the planning scheme review must clearly reflect the opinions of the members of the Review Council and the conclusion of the Chairman of the Review Council.

e) In cases where the planning scheme is approved by the Review Council or approved with amendments, within thirty days from the date of receipt of the report on the results of the planning scheme review, the agency responsible for drafting the planning scheme shall be responsible for completing the dossier and reporting to the Minister of Foreign Affairs. In cases where the planning scheme is not approved by the Review Council, within ninety days from the date of receipt of the report on the results of the planning scheme review, the agency responsible for drafting the planning scheme shall be responsible for revising the dossier and reporting to the Minister of Foreign Affairs.

5. Approving the planning scheme

The Minister of Foreign Affairs shall submit to the Prime Minister for approval of the planning scheme, including the following documents:

a) A request for approval of the planning scheme;

b) A draft Decision of the Prime Minister approving the planning scheme, mainly including: the period of planning, the scope of planning, viewpoints, objectives, planning solutions, implementation costs, and organization of implementation;

c) Report on the review of the planning scheme;

d) Report on explaining and incorporating the opinions of the Review Council regarding the content of the planning scheme;

đ) Report summarizing the comments from relevant agencies and organizations on the planning scheme; copies of comments from ministries, ministerial-level agencies, and provincial people's committees bordering provinces related to the planning scheme; reports on explaining and incorporating comments on the planning scheme;

e) Report detailing the revised and completed planning scheme;

g) Diagrams and maps showing the current status and planning schemes based on the topographic maps of the Vietnam-China, Vietnam-Laos, and Vietnam-Cambodia borders;

h) Other documents (if any).

III. AMENDMENTS AND SUPPLEMENTS TO THE PLANNING SCHEME

1. Reviewing the planning scheme

a) Border gate planning schemes are reviewed every five years to adjust and supplement them appropriately according to the socio-economic development situation at each stage.

b) The agency responsible for drafting the planning scheme shall organize the review of the planning scheme.

c) The Ministry of Foreign Affairs shall report to the Prime Minister the results of the planning scheme review and propose adjustments and supplements to the border gate planning scheme and necessary measures to enhance the effectiveness and quality of implementing the planning scheme.

2. Grounds for amending and supplementing the planning scheme

Amendments and supplements to the border gate planning scheme shall be carried out when one of the grounds specified in Article 53 of the Planning Law is met.

3. Procedures and formalities for amending and supplementing the planning scheme

a) In cases where amendments and supplements change the planning objectives, they shall be implemented according to the procedures stipulated in Parts I and II of this Appendix.

b) In cases where amendments and supplements are made only to specific parts of the planning scheme without changing the overall objectives and specific objectives (if any) already approved, the process shall be as follows:

- Ministries, ministerial-level agencies, and provincial people's committees within the scope of the planning scheme shall prepare a dossier requesting amendments and supplements to the planning scheme and send it to the Ministry of Foreign Affairs;

- The dossier requesting amendments and supplements to the planning scheme shall include: a document requesting amendments and supplements to the planning scheme; a detailed report on the amendments and supplements to the planning scheme and other relevant documents (if any);

- The Ministry of Foreign Affairs shall compile and submit to the Prime Minister for decision.

4. Costs for preparing, reviewing, approving, amending, and supplementing the planning scheme

Costs for preparing, reviewing, approving, publishing, implementing, evaluating, and amending and supplementing the border gate planning scheme shall be taken from the regular budget of the Ministry of Foreign Affairs and related ministries, sectors, and localities./.

Seal Registration Certificate

PETITION FOR THE ESTABLISHMENT AND UPGRADE OF SUBORDINATE BORDER GATES (LOCAL BORDER GATES) AND BORDER OPENINGS
(PROVINCE...) (1)

dated October 1, 34/2023/ND-CP (Passed on June 16, 2023 by the Government)

^{___________________}

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

border openings... (3) in the province... (4)
Respected: Government.
___________

Implementing Article 20 of the Decree No.

November 21, 2014 of the Government on the management of land border gates (amended and supplemented by Decree No.../2023/NĐ-CP dated.../.../2023); the People's Committee of Province... (5) respectfully submits to the Government regarding the establishment (upgrade) of subordinate border gates (local border gates), border openings... (6) as follows: 112/2014/ND-CP 1. General situation

(General assessment of the border situation, the situation of the border gate system in the province, and the situation related to the proposed subordinate border gates (local border gates), border openings).

2. Current activities, infrastructure investment, and force deployment in the area of subordinate border gates (local border gates), border openings...

a) Vietnamese side...(7)

b) Opposite side...

3. Impact of establishing and upgrading subordinate border gates (local border gates), border openings...

(General assessment of the impact of establishing and upgrading subordinate border gates (local border gates), border openings on three areas: economy-society; national defense-security; environment).

4. Process of implementing the procedures for establishing and upgrading subordinate border gates (local border gates), border openings...

5. Evaluation of the necessity of establishing and upgrading subordinate border gates (local border gates), border openings...(9)

................................................................................................................................................

and recommendations(10) The above is the petition for the establishment and upgrade of subordinate border gates (local border gates), border openings... (11), ...(12) respectfully submitted to the Government for consideration and decision.

................................................................................................................................................

(Please attach: ...)

(1), (4), (5), (12) Name of the People's Committee proposing the establishment and upgrade of the border gate; (13)

Note:

(3), (6), (7), (8), (9), (10), (11) Name of the proposed subordinate border gates (local border gates), border openings;

(2) Place name;

(13) Documents as prescribed in Point d Clause 2 Article 20 of the Decree No.

(amended and supplemented by Clause 12 Article 1 of Decree No.../2023/NĐ-CP dated.../.../2023). 112/2014/ND-CP CRITERIA FOR PROPOSAL OF ESTABLISHMENT AND UPGRADE OF BORDER GATES AND BORDER OPENINGS

ANNEX III

I. CRITERIA FOR PROPOSAL OF ESTABLISHMENT AND UPGRADE OF BORDER GATES

dated October 1, 34/2023/ND-CP (Passed on June 16, 2023 by the Government)
_____________________

1. Ensuring minimum construction area for the border gate zone corresponding to each type of border gate.

a) International border gate: Ensuring the area of the border gate zone has a minimum area of about 10 hectares;

b) Main border gate (bilateral border gate): Ensuring the area of the border gate zone has a minimum area of about 7 hectares;

c) Subordinate border gate (local border gate): Ensuring the area of the border gate zone has a minimum area of about 3 hectares.

2. Having a road connecting the border gate to major roads that are technically classified according to the requirements for technical classification of automobile roads as stipulated in Point 3.4.2, Vietnamese Standard

TCVN 4054: 2005 a) International border gate: Having a convenient road of Class IV or higher connecting the border gate to major road axes and routes. .

a) International border gate: Has convenient transportation routes of grade IV or higher connecting the border gate to other main road axes and routes;

b) Main border gate (bilateral border gate): Has convenient transportation routes of class V or higher connecting the border gate with other main road axes;

c) Subsidiary border gate (local border gate): Has convenient transportation routes of class VI or higher connecting the border gate with other main road axes;

3. Forecast the volume of people, vehicles entering and exiting, and imported and exported goods in the next five years equivalent to the average flow of at least one border gate of the same type proposed for upgrading on the same border line;

II. CRITERIA FOR PROPOSING THE OPENING OF A BORDER CROSSING POINT

1. Located in a favorable position for economic and social development, easy to control and facilitate convenient exchanges;

2. Convenient transportation routes connecting with important provincial traffic axes;

3. Minimum construction area of approximately three hectares;

4. Prospects for goods and items exchanged through the opening point suitable for the needs of the commune (township, town) or equivalent administrative unit on both sides of the border;

5. Infrastructure conditions are favorable (land surface, transportation, water, etc.) and resources for investment in developing technical infrastructure;

REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS

STANDARDS FOR DIFFERENT TYPES OF BORDER GATES
dated October 1, 34/2023/ND-CP (Passed on June 16, 2023 by the Government)
_____________