Circular No. 04/2012/TT-BNG guiding the procedures and formalities for officially opening, newly establishing, and upgrading border gates and cross-border roads between Vietnam and China on land.

CIRCULAR

HGuidelines for the formal opening, new establishment, upgrading of border gates and cross-border routes

on the land border between Vietnam and China

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Based on the Law on National Borders dated June 17, 2003;specialized agency under the People's Committee of the province/city. Based on Decree No. 32/2005/NĐ-CP dated March 14, 2005 of the Government on the regulations of border gates on the land border;

Pursuant to the Law on Legislative Acts of 03 June 2008;

On the basis of Decree No. 77/2017/NĐ-CP dated July 3, 2017 of the Government on management and protection of security and public order at port border gates;

The Ministry of Foreign Affairs guides the procedures for the formal opening, new establishment, upgrading of border gates and cross-border routes on the land border between Vietnam and China as follows:

Based on Decree No. 15/2008/NĐ-CP dated February 4, 2008, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

The entire system of border gates includes: international border gates, bilateral border gates, and cross-border routes on the land border between Vietnam and China.

1. This Decree adjusts the pension levels, social insurance benefits, and monthly allowances for individuals receiving pensions, social insurance benefits, and monthly allowances prior to July 1, 2023, including:

In this Circular, the terms are understood as follows:

Article 2. Explanation of terms

1. Border gate on the land border between Vietnam and China is the area designated on both sides of the land border between Vietnam and China for people, means of transport, goods, and items to directly enter and exit; import and export.

2. International border gate (including railway border gate and road border gate) is opened for people, means of transport, goods, and items of Vietnam, China, and third countries (or territories) to enter and exit; transit and import and export through the border.

3. Bilateral border gate (also known as main border gate or national border gate) is opened for people, means of transport, goods, and items of Vietnam and China to enter and exit; import and export through the border.

4. Cross-border route (also known as temporary cross-border route, auxiliary border gate, market path, paired market trail) is opened in cases of force majeure or other special requirements, allowing people, means of transport, and goods in the border areas of Vietnam and China to pass through.

Principles for the formal opening, new establishment, upgrading of border gates and cross-border routes

Article 3. The formal opening, new establishment, and upgrading of border gates and cross-border routes shall comply with the following principles:

1. The formal opening applies to the following 13 pairs of border gates:

Name of Vietnamese border gate

3. The formal opening, new establishment, and upgrading of border gates and cross-border routes must ensure that they do not harm sovereignty, territory, security - defense; contribute to strengthening the protection of the integrity of the border line and boundary markers, while ensuring the improvement of the effectiveness of border management and protection on the land border between Vietnam and China.

Conditions for the formal opening, new establishment, and upgrading of border gates and cross-border routes

Article 4. 1. The formal opening, new establishment, and upgrading of border gates and cross-border routes must meet the long-term economic and social development needs in the border areas, border provinces, and the country currently and in the future, and must be consistent with the overall planning for economic and social development of the province and the country approved and announced by the Government.

2. The current technical infrastructure at the site of the formal opening, new establishment, and upgrading of border gates and cross-border routes must be constructed in accordance with the detailed planning of the border gates and cross-border routes already approved, meeting the requirements of state management and contributing to promoting economic and social development, security, and defense of the country in the present and future.

3. Border provinces must fully explain about:

a) The necessity of the formal opening, new establishment, and upgrading of border gates and cross-border routes;

b) The trend of development of the pair of border gates or cross-border routes reflected through the actual flow of people, means of transport, and goods passing through the border gates and cross-border routes in the last three years from the time when the provincial border authority initiated discussions with the provincial authority across the border regarding the formal opening, new establishment, and upgrading of border gates and cross-border routes;

c) The projected flows of these in the next three years from the time of the planned formal opening, new establishment, and upgrading of border gates and cross-border routes.

c) Estimate these flows for the three years following the anticipated official opening, new opening, or upgrade of the border gate, crossing route.

Article 5. Procedures and formalities for officially opening, newly establishing, and upgrading border gates and crossing routes

1. The People's Committee of the province shall establish a delegation comprising representatives from relevant departments and agencies (Foreign Affairs, Border Defense, Industry and Trade, Health, Customs, Public Security, Transportation...) to conduct on-site surveys of the areas intended for official opening, new establishment, or upgrading of border gates and crossing routes; direct relevant departments and agencies to prepare adequate infrastructure, equipment, and personnel necessary for implementing border control and import/export activities at border gates and crossing routes in accordance with legal provisions.

2. Based on unified opinions from relevant departments and agencies, the People's Committee of the province shall conduct negotiations and reach consensus with the local government of the Chinese province regarding the scale of construction, operational plans, and the anticipated time for officially opening, newly establishing, or upgrading border gates and crossing routes.

3. Upon receiving the minutes of agreement, layout diagrams, and overall planning maps for construction sent by the local provincial government, the Ministry of Foreign Affairs shall coordinate with the Ministries of National Defense, Public Security, Industry and Trade, Finance, Planning and Investment, Construction, Transport, Agriculture and Rural Development, and Health (hereinafter referred to as relevant ministries and agencies) to conduct on-site surveys, compile opinions, and submit them to the Government for decision-making and approval of officially opening, newly establishing, or upgrading border gates and crossing routes.

4. After the Government's approval, the Ministry of Foreign Affairs shall send a diplomatic note to the Chinese side informing of Vietnam's agreement to officially open, newly establish, or upgrade border gates and crossing routes. In case of non-consensus from the Chinese side, the Vietnamese Sub-committee within the Joint Committee shall continue to raise the issue during the meetings of the Joint Committee on the Sino-Vietnamese Land Border.

5. Upon receipt of confirmation from the Chinese side, the Ministry of Foreign Affairs shall notify relevant ministries, agencies, and localities. The People's Committee of the province shall agree with the local government of the Chinese province to organize the announcement ceremony for officially opening, newly establishing, or upgrading border gates and crossing routes.

Article 6. Implementation Organization

1\. This Circular takes effect forty-five days from the date of issuance.

2. During implementation, if there are any issues, the People's Committee of the province and related agencies and units shall contact the Ministry of Foreign Affairs for coordination and resolution./.