JOINT CIRCULAR No. 05/2004/TTLT-BTM-BTC-BGTVT-BNN&PTNT-BYT Circular guiding the implementation of Decision No. 252/2003/QĐ-TTg dated November 24, 2003 of the Prime Minister on the management of cross-border trade with neighboring countries sharing borders with Vietnam.

MINISTRY OF TRANSPORT - MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT - MINISTRY OF FINANCE - MINISTRY OF TRADE - MINISTRY OF FISHERIES - MINISTRY OF HEALTH - STATE BANK OF VIETNAM ********	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ********
No.: 05/2004/TTLT-BTM-BTC-BGTVT-BNN-BYT-BTS-NHNN	Hanoi, August 17, 2004

JOINT CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF TRADE - MINISTRY OF FINANCE - MINISTRY OF TRANSPORT - MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT - MINISTRY OF HEALTH - MINISTRY OF AQUATIC RESOURCES - STATE BANK OF VIETNAM NO. 05/2004/TTLT-BTM-BTC-BGTVT-BNN&PTNT-BYT-BTS-NHNN DATE AUGUST 17, 2004 GUIDING IMPLEMENTATION OF DECISION NO. 252/2003/QD-TTg OF THE GOVERNMENT PRIME MINISTER ON MANAGEMENT OF COMMERCE ACROSS BORDERS WITH NEIGHBORING COUNTRIES

Pursuant to Decision No. 252/2003/QD-TTg dated November 24, 2003 of the Government Prime Minister on management of commerce across borders with neighboring countries,
The Ministry of Trade, Ministry of Finance, Ministry of Transport, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Aquatic Resources, and State Bank of Vietnam jointly guide the implementation of Decision No. 252/2003/QD-TTg dated November 24, 2003 of the Government Prime Minister on management of commerce across borders with neighboring countries as follows:

I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

Activities of commerce across borders as stipulated in this Circular include:

1.1. Activities of buying and selling goods by border residents are activities exclusively for border residents in accordance with Articles 2, Article 5.2, and Article 6 of Decision No. 252/2003/QD-TTg dated November 24, 2003 of the Government Prime Minister on management of commerce across borders with neighboring countries.

1.2. Commerce at border markets, customs clearance markets, and economic zones.

1.3. Export and import activities of goods across borders shall be conducted by the subjects specified in Articles 6 and 8 of this Circular according to non-traditional international practices (which may or may not involve contracts, and may involve various forms of payment).

2. Goods for commerce across borders

All goods, except those prohibited from export and import, and goods subject to conditional trade must comply with the provisions of Decision No. 46/2001/QD-TTg dated April 4, 2001 of the Government Prime Minister on management of export and import of goods during the period 2001-2005, other related Decisions of the Government Prime Minister, and guiding documents of the Ministry of Trade and relevant specialized ministries and agencies. Other goods can be freely traded, sold, and exported/imported across borders.

3. Quality of goods for commerce across borders

3.1. Regarding health quarantine at borders:

3.1.1. All types of goods traded across borders must undergo quarantine in accordance with the Regulations on Border Health Quarantine issued together with Decree No. 41/1998/NĐ-CP dated June 11, 1998 of the Government and current guiding legal documents.

3.1.2. The Ministry of Health is the agency assisting the Government in performing state management functions regarding border health quarantine. The Preventive Medicine and HIV/AIDS Prevention Department under the Ministry of Health is the border health quarantine agency responsible for implementing border health quarantine activities nationwide. The organizational structure of the Vietnamese border health quarantine agency is regulated by the Government Prime Minister.

3.1.3. In this joint circular:

a. "Border health quarantine" means medical inspection to detect diseases subject to quarantine and to monitor infectious diseases for people, transport vehicles upon entry and exit, luggage, goods, containers, postal items upon import and export, in accordance with the Regulations on Border Health Quarantine issued together with Decree No. 41/1998/NĐ-CP dated June 11, 1998 of the Government and current guiding legal documents.

b. "Border health quarantine agency" is the health agency directly responsible for implementing medical measures prescribed by the Border Health Quarantine Regulations within its jurisdictional area.

c. "Quarantine zone" is the area designated for people and transport vehicles to stop for quarantine at border checkpoints.

d. "Medical quarantine officer" is the person assigned the responsibility to implement medical measures within their jurisdiction as prescribed by the Border Health Quarantine Regulations.

e. "Medical inspection" refers to the implementation of medical procedures against people, transport vehicles, and other quarantine objects before entry and exit, import and export.

g. "Infectious disease surveillance" involves epidemiological investigation, serological testing, etiological examination, clinical symptom evaluation, and assessment of the potential development and spread of an infectious disease.

h. "Backward investigation" uses epidemiological methods, microbiological testing, and serological testing to determine a disease subject to quarantine or an infectious disease that has occurred and its causes.

i. "Vector" refers to medical insects, rodents (including rats, etc.) carrying pathogens subject to quarantine or infectious agents for humans.

k. "Medical measures" include vaccination, isolation, detention, surveillance, health checks, and hygiene measures such as disinfection, sterilization, and vector control.

l. "Diseases subject to quarantine" include plague, cholera, yellow fever, and other newly emerging dangerous infectious diseases as defined by the Ministry of Health.

m. "Infectious disease" is a disease caused by pathogenic microorganisms or their toxins that can be transmitted directly or indirectly through intermediate hosts, vectors, or the environment.

n. "Port authority supervisor": refers to the head of the state management agency at the port which has been directly assigned to supervise and coordinate the activities of other state management agencies at the port, depending on whether the agency is customs or border guard.

p. "State management agency at the port" is the agency responsible for state management at the port, including customs, border guards, animal and plant quarantine, health quarantine, and other agencies as prescribed by the state.

3.1.4. Subjects and locations for health quarantine

3.1.4.1. All persons, transport vehicles, and objects capable of carrying or transmitting diseases from areas where such diseases are present or circulating, when entering or exiting, importing or exporting, must be monitored by the border health quarantine agency at the port of entry, exit, import, or export. If they are found to be infected or carrying vectors that transmit diseases subject to quarantine or dangerous infectious diseases as stipulated in the aforementioned Regulations on Border Health Quarantine, they must undergo quarantine in designated areas.

Prior to processing, the health quarantine agency promptly informs the animal and plant quarantine agencies at the border port to cooperate in conducting their respective quarantine procedures without affecting the content of each sector's quarantine.

When a means of transport requires quarantine, all persons on board and objects capable of carrying infectious diseases on that means of transport must also undergo quarantine.

The procedures and formats for border health quarantine shall be prescribed by the Ministry of Health.

3.1.4.2 However, if the object capable of transmitting disease also falls within the scope of animal and plant quarantine (for example, cattle, pigs, chickens...), it only needs to be inspected at one stage or undergo health quarantine as stipulated in Section 3.1 or animal and plant quarantine as stipulated in Section 3.2.

3.1.5. The transportation of corpses or remains across the border must be medically inspected and certified by the border health quarantine authority.

The procedures and formats for medical inspections shall be prescribed by the Ministry of Health.

3.1.6. Special products such as medical bacteria, medical viruses, biological medical products, human tissues, organs, blood, and blood components must be inspected and certified by the border health quarantine agency before being imported or exported.

The procedures and formats for medical inspections shall be prescribed by the Ministry of Health.

3.1.7. The health quarantine area at the border checkpoint shall be uniformly defined by the border checkpoint management authority in coordination with the border health quarantine authority.

3.1.8. Health quarantine officers performing their duties must wear identification cards and uniforms bearing insignia as prescribed by the Ministry of Health.

3.1.9. Health quarantine for individuals entitled to diplomatic privileges and immunities, consular privileges and immunities, and other special categories shall be carried out in accordance with guidelines issued by the joint ministries of Health and Foreign Affairs.

3.2. Animal quarantine, plant quarantine, aquatic product quarantine:

3.2.1. Only goods listed in the catalog of goods subject to animal quarantine, plant quarantine published by the Minister of Agriculture and Rural Development, and aquatic product quarantine published by the Minister of Aquatic Resources, must go through quarantine procedures.

3.2.2. The list of goods (objects) subject to plant quarantine upon import, temporary import for re-export, temporary export for re-import, and transit is announced periodically by the Minister of Agriculture and Rural Development and issued together with Circular No. 73/2003/TT-BNN-BVTV dated July 1, 2003 of the Ministry of Agriculture and Rural Development guiding the implementation of domestic plant quarantine work.

3.2.3. The list of goods (animals) subject to animal quarantine upon export and import is implemented according to Decision No. 607 NN-TY/QĐ dated June 9, 1994 of the Ministry of Agriculture and Food Industry (now the Ministry of Agriculture and Rural Development).

3.2.4. The list of objects subject to quarantine for animals and aquatic animal products for export and import shall be implemented according to Circular No. 02/TS-TT dated June 25, 1994, of the Ministry of Fisheries.

3.2.5. The units authorized to issue quarantine certificates and confirm quarantine registration certificates for goods as specified in point 3.2.1 above (hereinafter referred to collectively as quarantine authorities) are those units assigned tasks pursuant to the Decision of the Minister of Agriculture and Rural Development and the Minister of Fisheries (the list of quarantine authorities is recorded in Circular Joint No. 17/2003/TTLT-BTC-NN&PTNT-BTS dated March 14, 2003 guiding the inspection and supervision of export and import goods subject to animal quarantine, plant quarantine, and aquatic product quarantine, and Decision No. 05/2003/QĐ-BTS dated April 29, 2003 of the Minister of Fisheries amending Appendix 1 (Aquatic Products Section) of the aforementioned joint circular).

3.2.6. For non-commercial export and import goods (not for business purposes) serving the consumption and living needs of passengers exiting and entering the country, diplomatic agencies, international organizations, and goods bought and exchanged by border residents, customs authorities shall process clearance without requiring the submission of a Quarantine Registration Certificate or a Quarantine Certificate, except when the quarantine authority notifies that specific items must be quarantined at specific times.

3.2.7. The quarantine of imported goods shall be conducted through pre-registration and post-inspection, specifically:

- Before customs procedures, the consignor must register for quarantine with the quarantine authority.

- The quarantine authority may conduct quarantine simultaneously with the customs authority's inspection of goods or conduct quarantine after the goods have completed customs procedures according to the time and place specified in the quarantine registration form (as per Appendix 2 attached to Circular Joint No. 17/2003/TTLT-BTC-NN&PTNT-BTS dated March 14, 2003 guiding the inspection and supervision of export and import goods subject to animal quarantine, plant quarantine, and aquatic product quarantine).

3.2.8. Responsibilities of the consignor:

3.2.8.1. For exported goods:

Prior to exporting goods, the consignor must register and declare to the quarantine authority to handle the inspection procedures and obtain a quarantine certificate for goods required to be quarantined in accordance with the law or at the request of the buyer.

3.2.8.2. For imported goods:

Before processing customs formalities, the consignor must register for quarantine (filling out three copies according to the form in Appendix 2 attached to Circular Joint No. 17/2003/TTLT/BTC-NN&PTNT-BTS dated March 14, 2003 guiding the inspection and supervision of export and import goods subject to animal quarantine, plant quarantine, and aquatic product quarantine) with the quarantine authority.

3.2.8.2.1. When processing customs formalities, in addition to the dossier required by the customs authority, the consignor must submit the quarantine registration certificate confirmed by the quarantine authority.

3.2.8.2.2. After registering for quarantine but not importing the goods anymore, two copies of the Quarantine Registration Certificate must be returned to the quarantine authority (where confirmation was made). In cases where, during import procedures, the customs authority determines that the goods cannot be imported into Vietnam, the consignor must return the Quarantine Registration Certificate (consignor's copy) with the customs authority's confirmation of the reason for non-importation to the quarantine authority (where confirmation was made).

3.2.8.2.3. For goods that undergo quarantine procedures after completing customs formalities:

- The goods must be returned to the registered location and time stated in the Quarantine Registration Certificate in their original condition.

- In cases of force majeure where it is impossible to return the goods to the registered location and time for quarantine, the consignor must explain to the quarantine authority.

3.2.8.2.4. Strictly fulfill the obligations:

- Goods may only be circulated after the quarantine authority issues a Health Certificate.

- Comply with the decision on handling issued by the quarantine authority (if any) regarding the consignment.

- For consignments that fail to meet import conditions after quarantine and are forced to be re-exported, when processing export procedures, the customs declaration for import, the decision on forced re-export issued by the quarantine authority, and the goods must be presented to the customs authority where the import procedures were initially processed.

3.2.9. Responsibilities of the quarantine authority:

3.2.9.1. Responsibility for registering and confirming on the Quarantine Registration Certificate, returning two copies to the consignor, and retaining one copy.

3.2.9.2. After confirming the Quarantine Registration Certificate, monitor, quarantine, issue a Health Certificate, or handle according to regulations.

3.2.9.3. For consignments that have completed customs procedures before undergoing quarantine, the goods must be compared with the consignor's declaration and the customs file. If there are discrepancies, a record must be made and handled according to the law.

3.2.9.4. After quarantine, if the goods must be destroyed, they shall be destroyed in accordance with the law; if the goods are forced to be re-exported, a decision on forced re-export shall be issued, specifying the time for re-export implementation, providing the consignor with one copy to implement and sending another copy to the customs authority (where the import procedures were processed) for coordination; monitoring the consignment until re-export is completed; handling violations by the consignor who does not strictly comply with the decision on forced re-export.

3.2.9.5. Timely notify the provincial or municipal customs office about organizations and individuals who fail to comply with commitments and registered quarantine, and propose compulsory customs procedures for subsequent consignments.

3.2.9.6. When organizations or individuals have implemented the disposal decision, the quarantine authority (where the customs procedure enforcement was requested) shall issue a confirmation document to submit to the customs authority to lift the enforcement and process the procedures, clearly stating the enterprise subject to enforcement according to which notice (number, date, violation act, penalty form).

3.2.10. Responsibilities of the customs authority:

3.2.10.1. For exported goods:

The customs authority shall require the submission of a Health Certificate for goods that must be quarantined according to the law.

3.2.10.2. For imported goods:

3.2.10.2.1. When receiving the customs declaration dossier, request the consignor to submit one original copy of the Quarantine Registration Certificate confirmed by the quarantine authority; process according to regulations.

3.2.10.2.2. For imported goods that have completed customs procedures and are forced to be re-exported according to the decision of the quarantine authority and the customs office (where the import procedures were processed), the customs office shall compare the import file of the consignment with the actual goods. If they match, re-export procedures shall be processed; if they do not match, a record shall be made and reported to the quarantine authority (where the decision on forced re-export was issued) for handling according to the law.

3.2.10.2.3. For consignments that have registered for quarantine but are not allowed to be imported due to violations in export and import management policies, the customs office where the confirmation procedures were carried out shall record the reasons on the Quarantine Registration Certificate.

3.2.10.2.4. Enforce customs procedures on exported and imported goods of organizations and individuals upon the request of the quarantine authority due to violations of quarantine laws for imported goods that have registered for quarantine.

3.2.10.2.5. Lift the enforcement when organizations or individuals submit a copy and present the original document from the quarantine authority (where the enforcement was requested) confirming the implementation of the disposal decision. The organization's copy must be certified, signed, and stamped, while the individual's copy is a photocopied version.

3.2.11. Coordination relationship:

3.2.11.1. In cases where the quarantine authority requires the completion of quarantine before completing customs procedures, the two relevant authorities must closely cooperate with each other, and the customs authority shall only decide to clear the goods after receiving the conclusion from the quarantine authority.

3.2.11.2. Annually, Customs Branches shall convene meetings with related quarantine authorities to review experiences in coordinating inspections and supervising goods subject to quarantine. In necessary cases, extraordinary meetings can be organized at the request of the customs authority or the quarantine authority.

3.3. Regarding food safety control:

3.3.1. For food exported and imported through formal channels, informal channels, enterprises must present the basic standards (which have been announced for quality to the competent health authority) and the testing results for the batch from a state inspection agency on quality designated by the Ministry of Health. Those entities lacking the aforementioned documents must undergo quality inspection before circulation.

3.3.2. In case of an epidemic, quarantine measures are necessary and continuous (especially when there is an epidemiological indication that the disease can be transmitted to humans, animals, or plants) in accordance with the regulations of the competent ministry.

3.3.3. When there is no epidemic, food hygiene inspections must be carried out randomly or periodically by competent authorities.

3.4. On quality control:

3.4.1. The following goods, luggage, and equipment of the following entities are exempt from state quality inspection:

- Goods bought and sold by border residents; goods brought into border markets, customs clearance markets, and markets within special economic zones;

- Personal luggage, diplomatic goods, samples, exhibition goods, fair goods, gifts;

- Materials, equipment, machinery of joint ventures for investment not directly circulating on the market, only serving production needs of the entity;

- Temporarily imported goods for re-export;

- Transit goods, transshipment goods;

- Goods stored in bonded warehouses;

- Goods processed by Vietnamese enterprises for foreign traders;

3.4.2. Goods exported and imported across borders must be subject to state inspection for quality based on ensuring the requirements for state inspection for quality of goods exported and imported listed in the catalog of goods required to undergo state inspection for quality declared by the competent state authority.

3.4.3. The state quality inspection provided for in this Circular shall be conducted through pre-registration and post-inspection procedures:

- Pre-registration refers to the consignor's registration for inspection with the state quality inspection agency (hereinafter referred to as the inspection agency) before completing customs procedures for importation.

- Post-inspection refers to the inspection agency conducting quality inspections after the goods have been cleared by customs.

3.4.4. The inspection agency will not issue a Quality Inspection Registration Certificate for the following goods, and such goods will only be cleared by customs after the inspection agency notifies that they meet the quality requirements:

- The inspection agency has objective evidence that the imported consignment of goods applying for registration does not meet the specified quality requirements;

- The inspection agency discovers that previous consignments of the same type of goods imported by the same consignor do not meet the specified quality requirements.

3.4.5. Quality inspections of Vietnamese export goods shall be carried out according to bilateral or multilateral agreements between Vietnam and relevant countries or international organizations.

3.4.6. The inspection agency will issue a notification exempting inspection for imported goods of the consignor in the following cases:

- Imported goods bear marks indicating compliance with standards of the exporting country recognized and announced by the General Bureau of Standards-Measurement-Quality (under the Ministry of Science and Technology) during specific periods;

- Batches of goods of the same type, from the same manufacturer, and from the same supplier (foreign exporter) that the consignee has previously imported and which have been inspected and found to meet quality requirements (within six months from the most recent import).

- Goods meeting the conditions for exemption from inspection as stipulated by the specialized management ministry.

3.4.7. Goods that fall under both the catalog of goods required to undergo state inspection for quality and other inspection requirements (determining the remaining quality of used goods) shall all be carried out by the state inspection agency for quality (for example, used motor vehicles only need to undergo state inspection at the Vietnam Vehicle Inspection Center), without requiring an appraisal to confirm the conformity of the quality of used equipment according to Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Government on managing export and import of goods during the period 2001-2005.

3.4.8. Responsibilities of the consignor:

The consignee shall be responsible for complying with the law regarding the importation of goods meeting quality requirements and must fulfill the following requirements when importing goods listed in the catalog of goods required to undergo state inspection for quality:

- Before the goods arrive at the customs checkpoint, the consignor must register for quality inspection with the inspection agency. The Quality Inspection Registration Certificate is prescribed by the inspection agency.

- Within one working day from the time the goods are cleared, the consignee must present the goods in their original condition along with the complete customs declaration file and other documents as prescribed for the state inspection agency to conduct the quality inspection at the location registered by the consignee with the inspection agency.

- The imported goods may only be put into use after receiving a Notification of Meeting Import Quality Requirements from the inspection agency.

- Must implement the decision on handling issued by the specialized state management agency if there is a violation of the state quality inspection regulations for imported goods.

- In cases where goods are compulsorily re-exported, the consignee must re-export within the time limit specified in the decision compelling re-export issued by the specialized state management agency. When re-exporting, the consignee must present the goods, customs declaration file, and the decision compelling re-export for the customs office at the border gate to process the re-export procedures.

3.4.9. Responsibilities of the inspection agency:

3.4.9.1. Conduct inspections and issue notifications of the results of state quality inspections of imported goods or Notifications of Exemption from Inspection as stipulated in Point 3.4.6 of this Circular.

3.4.9.2. Within one working day from the date of receiving the application from the consignee, the inspection agency must confirm the State Inspection Registration Form for Imported Goods Quality Inspection or issue a notification exempting inspection for the consignee to submit to the customs agency when processing the import procedures for goods.

- For goods under Point 3.4.4 of this Circular, the inspection agency will not confirm the State Inspection Registration Form; in this case, the goods can only be cleared upon receipt of a Notification Meeting Import Quality Requirements.

- Monitor and require the consignee to present the goods together with the completed import declaration file to inspect. Before conducting the quality inspection, the inspection agency must compare and examine; if the goods remain in their original condition and fully match the customs declaration regarding the name and type of goods, the inspection agency will proceed with the inspection as prescribed; if the goods are not in their original condition and do not match the customs declaration, the inspection agency will prepare a record, report to the specialized state management agency for handling according to regulations.

- Not later than five days from the time the consignee presents the goods and provides all related documents as prescribed for inspection, the inspection agency must notify the inspection results. For special types of goods, the time for notifying the inspection results is determined by the specialized management agency.

- In cases where goods fail to meet import quality requirements and are compulsorily re-exported, the inspection agency must seal the entire quantity of goods to be re-exported, report to the specialized state management agency for handling, and issue a decision compelling re-export, notifying the customs agency where the import procedures were processed for the batch. The decision compelling re-export issued by the specialized state management agency is sent to the customs agency where the re-export procedures are processed. The deadline for re-exporting out of Vietnam is stipulated in the decision compelling re-export.

3.4.10. Responsibilities of the customs authority:

3.4.10.1. For exported goods: Customs does not require submission or presentation of a Quality Certificate.

3.4.10.2. For imported goods: in addition to the customs declaration file as prescribed, when processing import procedures for goods, the consignee must submit one State Inspection Registration Form for Imported Goods Quality Inspection confirmed by the inspection agency or a Notification Exempting Inspection. Based on the valid files and goods, the customs agency processes clearance for the batch according to regulations. The customs agency is not responsible for the quality of imported goods after clearance.

- Specifically, for imported motor vehicles listed in the catalog of goods required to undergo state inspection for quality, after the inspection agency (Vietnam Vehicle Inspection Center, Ministry of Transport) issues a Certificate of Imported Motor Vehicle Quality, the customs agency will base its confirmation of the Vehicle Origin Declaration on the content of the certificate, confirming it if it complies with current regulations, and preparing a record for handling according to the law if it does not comply.

Upon receiving the decision of the specialized state management agency compelling re-export for imported goods failing to meet quality requirements, the customs agency at the border gate where the import procedures were processed for the batch shall be responsible for comparing the retained file of the previously cleared batch with the actual goods presented by the consignee and the decision compelling re-export; if they match, the customs agency will process the re-export. If the batch according to the decision compelling re-export does not match the retained customs declaration file, the customs agency will return it to the specialized state management agency for further handling according to the law.

3.4.11. Organizations implementing state inspection of quality.

- Inspection agencies of export-import goods under specialized ministries;

- Businesses engaged in appraisal services, meeting conditions recognized and designated by the Ministry of Science and Technology to inspect specific items after negotiating with specialized ministries.

The name of goods subject to inspection and the name of the inspection agency are specified in the Catalogue of Goods Subject to State Inspection.

3.5. Regarding forest inspection work: implemented according to Decree No. 11/2002/NĐ-CP dated January 22, 2002 of the Government on managing export, import, and transit of wild animals and plants and Circular No. 123/2003/TT-BNN dated November 14, 2003 of the Ministry of Agriculture and Rural Development guiding the implementation of this Decree.

3.6. Customs authorities, inspection, quarantine agencies must closely coordinate in procedures, timeframes, and scientific, reasonable methods to ensure that all goods exchanged across borders are inspected and quarantined while still maintaining smoothness without causing congestion, inconvenience, or overlapping inspections.

4. Payment for goods

4.1. Payments in border residents' trade and exchange of goods, payments in border market transactions, border gate markets, border economic zone markets, and cross-border import and export goods payments according to international practices shall be made in freely convertible foreign currencies, Vietnamese dong (VND), or the currency of neighboring countries such as Renminbi (RMB), Kip (LAK), Riel (KHR).

4.2. Payment methods in cash or non-cash shall be agreed upon by the parties involved in trade in accordance with Vietnam's and neighboring countries' foreign exchange management regulations.

4.3. The carrying of Vietnamese dong and cash of neighboring countries through border gates for payment purposes as stipulated in Point 4.1 above must comply with the current regulations of the State Bank of Vietnam regarding the carrying of foreign currency cash and Vietnamese dong cash when importing and exporting.

4.4. Parties engaged in cross-border import and export trade may choose payment forms in accordance with the regulations of the State Bank of Vietnam based on bilateral settlement agreements signed between Vietnam and neighboring countries, encouraging business entities to conduct bank-based settlements in the following forms:

4.4.1. Payment through banks of both countries in freely convertible foreign currencies according to international practice (including banks located within or outside border provinces);

4.4.2. Payment in freely convertible foreign currencies or Vietnamese dong through accounts opened at Vietnamese banks in compliance with current foreign exchange management regulations;

4.4.3. Payment in Vietnamese dong or the currency of neighboring countries through foreign exchange banks operating in Vietnam's border provinces and banks of neighboring countries according to the agency settlement relationship agreement between both parties;

4.4.4. Barter transactions in accordance with the current laws of each country regarding the management of exported and imported goods. The currency used for or to settle the difference in barter transactions is freely convertible foreign currency, Vietnamese dong, or the currency of neighboring countries.

4.5. Based on bilateral agreements on payments already signed between Vietnam and neighboring countries and considering the specific characteristics of trade, exchange, and import-export activities in each border region, the State Bank of Vietnam will issue specific regulations guiding detailed payment procedures.

5. Tax and fee policies

5.1. For goods traded across borders: Taxes and fees (if applicable) must be paid according to the provisions of the law.

5.2. For goods exchanged or sold by border residents:

5.5.2.1. Only goods produced by border residents of neighboring countries within the quota specified in Point 5.2.2 below are eligible for exemption from import duties.

5.2.2. The quota for duty-free imports: not exceeding 500,000 VND/person/day.

Goods that cannot be separated and whose value exceeds this quota must pay taxes on the excess amount (including whole animals, whole items, whole sets, or complete units).

5.2.3. Goods not produced by border residents of neighboring countries are not entitled to the duty-free import quota specified in Point 5.2.2 above.

5.2.4. Goods bought and sold or exchanged by non-border residents are not entitled to the duty-free import quota specified in Point 5.2.2 above.

II. PURCHASE AND SALE, EXCHANGE OF GOODS BY BORDER RESIDENTS

6. Subjects eligible to buy and sell, exchange goods with border residents

Citizens with permanent residence registration in border counties adjacent to neighboring countries may engage in trade and exchange of goods suitable for cross-border trade as specified in Article 2 of this Circular.

7. Border gates and locations for buying and selling, exchanging goods by border residents

7.1. Border gates agreed upon and opened by the Government of Vietnam and the Government of neighboring countries.

7.2. Border gates and other customs clearance points within border economic zones approved by the Government of Vietnam.

7.3. Border gates are agreed upon by the border provinces of Vietnam and the border provinces of neighboring countries and permitted by the Ministry of Trade to process customs clearance procedures for imported and exported goods.

7.4. Trails determined through negotiations between local authorities of border provinces of both countries in accordance with current laws and related regulations of the governments of both countries.

8. Customs procedures for goods bought and sold, exchanged by border residents

8.1. Customs documents:

8.1.8.1.1. Goods exchanged or sold by border residents of neighboring countries do not require declaration on the customs declaration form.

8.1.2. The owner of the goods must present a border identity card or border pass issued by the competent authority of a neighboring country to enjoy the duty-free quota.

8.1.3. If goods exchanged or sold by border residents of neighboring countries exceed the prescribed quota, the customs authority will directly calculate taxes on the Tax Receipt.

8.1.4. Goods traded by residents of neighboring countries do not need to submit a Certificate of Origin (C/O). The determination of origin for these goods is based on actual inspection of the goods.

8.2. Actual inspection of goods:

8.2.1. Inspection is only conducted if there is a possibility of exceeding the duty-free quota or smuggling detected through supervision.

8.2.2. Regarding daily monitoring: Mainly through supervision to detect individuals exploiting the system for trading, without the need to maintain a record.

III. EXPORT AND IMPORT OF GOODS ACROSS THE BORDER

9. Vietnamese subjects eligible for export and import of goods across the border

9.1. Enterprises and units belonging to various economic sectors registered and established under Vietnamese law.

9.2. Individual businesses in border provinces registered in accordance with Decree No. 109/2004/NĐ-CP dated April 2, 2004, of the Government on business registration.

10. Border gates for export and import of goods across the border

10.1. Border gates agreed upon and opened by the Government of Vietnam and the Government of neighboring countries.

10.2. Border gates and other customs clearance points within border economic zones approved by the Government of Vietnam.

10.3. Border gates agreed upon and opened by border provinces of Vietnam and border provinces of neighboring countries, and permitted by the Ministry of Trade to conduct customs procedures for import and export goods.

10.3. Border gates agreed upon by the border provinces of Vietnam and the border provinces of neighboring countries and permitted by the Ministry of Trade to process customs clearance procedures for imported and exported goods.

11.1. Customs documents:

11.1.1. Customs declaration form: Use the Import Goods Declaration Form (code HQ/2002-NK issued together with Decision No. 1257/2001/QĐ-TCHQ dated December 4, 2001, of the General Department of Customs): Two original copies.

11.1.1. Customs declaration form: Use the import goods declaration form (HQ/2002-NK code issued together with Decision No. 1257/2001/QD-TCHQ dated December 4, 2001 by the General Director of the General Department of Customs): Two original copies;

11.2. Other documents shall be implemented in accordance with the regulations on customs documents and customs procedures for exported and imported goods under purchase contracts issued together with Decision No. 56/2003/QD-BTC dated April 16, 2003 by the Minister of Finance, except for bills of lading.

For individual businesses located in border provinces of Vietnam and neighboring countries trading at border markets, border gate markets, and markets within border economic zones, they are not required to have the aforementioned documents, except for two types of documents: Quality inspection certificate or notification of exemption from quality inspection issued by the state quality inspection agency (for goods requiring quality inspection).

11.1.3. Imported goods eligible for preferential import duties according to bilateral agreements between the Government of Vietnam and the Government of neighboring countries must have a Certificate of Origin (C/O).

11.1.3. Imported goods through the border benefiting from preferential import duties under bilateral agreements between the Government of Vietnam and the Government of neighboring countries if accompanied by a Certificate of Origin (C/O).

No exemption from actual inspection of goods is applied to imported goods across the border and goods brought into border markets, border gate markets, or within border economic zones.

12. Customs procedures for exported goods across the border

12.1. Customs documents:

12.1.1. Customs declaration form:

12.1.1. Customs declaration form:

a. In case of export goods under purchase contracts: Use the export goods declaration form (HQ/2002-XK code issued together with Decision No. 1257/2001/QD-TCHQ dated December 4, 2001 by the General Director of the General Department of Customs): Two original copies;

b. In case of export goods without purchase contracts: Use the border export goods declaration form (HQ/2002-XKBG code issued together with Decision No. 1473/2002/QD-TCHQ dated May 24, 2002 by the General Director of the General Department of Customs; Decision No. 24/2004/QD-BTC dated March 5, 2004 by the Minister of Finance): Two original copies;

12.1.2. Other documents shall be implemented in accordance with the regulations on customs documents and customs procedures for exported and imported goods under purchase contracts issued together with Decision No. 56/2003/QD-BTC dated April 16, 2003 by the Minister of Finance, appropriate to each type of transaction.

12.1.3. For terrestrial animals and their products, a veterinary export health certificate from the Vietnamese animal quarantine authority must be provided as required by the importing country or the consignor.

12.2. Export goods through the border are entitled to preferential export duties according to bilateral agreements between the Government of Vietnam and the Government of neighboring countries;

12.3. Physical inspection of export goods;

Export goods through the border shall apply the forms of inspection as prescribed by the Law on Customs;

IV. TRADE AT BORDER MARKETS, GATEWAY MARKETS, AND MARKETS IN GATEWAY ECONOMIC ZONES

13. Border markets, gateway markets, and markets in gateway economic zones;

13.1. A land border market is a market located within a distance of no more than 1 kilometer from the border that has been established for many years and other areas that require the establishment of a border market due to the needs of residents;

13.2. A gateway market is a market established within the border area on land connected to export and import gateways but not part of a gateway economic zone;

13.3. A market within a border economic zone is a market established within a border economic zone pursuant to Decision No. 53/2001/QD-TTg dated April 19, 2001 by the Prime Minister on policies for border economic zones.

14. Business subjects at markets;

14.1. Vietnamese enterprises and individual businesses with business registration certificates issued by competent state authorities are permitted to operate in border markets, border gate markets, and markets within border economic zones.

Specifically, enterprises and households engaged in drug trading must comply with the provisions of Circular No. 01/2004/TT-BYT dated January 6, 2004, issued by the Ministry of Health guiding the implementation of the Ordinance on Private Medical and Pharmaceutical Practice and current relevant regulations. For business establishments dealing in goods derived from plants, animals, minerals, etc., used as raw materials for the healthcare sector, such establishments must hold a certificate of compliance with business standards and conditions issued by the Provincial Health Department adjacent to the border.

14.2. Enterprises and households of countries sharing borders must adhere to the provisions of Decree No. 34/2000/NĐ-CP dated August 18, 2000, of the Government regarding the Border Regulations on Land Borders of the Socialist Republic of Vietnam and related regulations concerning movement, residence, and trade in border areas.

14.2.1. They are allowed to conduct business at gateway markets and border markets when granted a business license by the Provincial Commerce and Tourism Department adjacent to the border;

14.2.2. They are allowed to organize and conduct business at markets in gateway economic zones when granted a business license by the management board of the gateway economic zone;

14.3. Citizens of countries sharing borders, when permitted to engage in trade at border markets, customs gate markets, and markets within economic zones at border gates and holding valid business licenses at these markets, may apply for temporary residence certificates or temporary residence cards from competent Vietnamese authorities if they have a need for temporary stay in Vietnam, following the guidelines of the Ministry of Public Security, Vietnam.

15. Market Management;

15.1. The decision to establish (or dissolve) and define the functions, duties, and powers of market management agencies for border markets and customs gate markets shall be implemented according to the classification specified in Decree No. 02/2003/NĐ-CP dated January 14, 2003, of the Government on the development and management of markets, Circular No. 06/2003/TT-BTM dated August 15, 2003, of the Ministry of Trade guiding the functions, duties, powers, and organization of market management boards, Decision No. 0772/2003/QĐ-BTM of the Minister of Trade promulgating Model Market Regulations, and Circular No. 2730/TM-CSTTTN of the Ministry of Trade dated June 24, 2003 guiding the reporting of market trading activities, Circular No. 07/2003/TT-BKH dated September 11, 2003, of the Ministry of Planning and Investment guiding the preparation of planning projects for market development and construction investment, and Circular No. 67/2003/TT-BTC of the Ministry of Finance guiding the financial mechanism applicable to market management boards, trading enterprises, exploitation, and market management.

15.2 Markets within economic zones at border gates shall be established (or dissolved) and their market management agencies' functions, duties, and powers defined by the Director of the Border Economic Zone Management Board according to the provisions of Decree No. 02/2003/NĐ-CP dated January 14, 2003, of the Government on the development and management of markets, Circular No. 06/2003/TT-BTM dated August 15, 2003, of the Ministry of Trade guiding the functions, duties, powers, and organization of market management boards, Decision No. 0772/2003/QĐ-BTM of the Minister of Trade promulgating Model Market Regulations, and Circular No. 2730/TM-CSTTTN of the Ministry of Trade dated June 24, 2003 guiding the reporting of market trading activities, Circular No. 07/2003/TT-BKH dated September 11, 2003, of the Ministry of Planning and Investment guiding the preparation of planning projects for market development and construction investment, and Circular No. 67/2003/TT-BTC of the Ministry of Finance guiding the financial mechanism applicable to market management boards, trading enterprises, exploitation, and market management.

15.2 Markets within economic zones at border gates shall be established (or dissolved) and their market management agencies' functions, duties, and powers defined by the Director of the Border Economic Zone Management Board according to the provisions of Decree No. 02/2003/NĐ-CP dated January 14, 2003, of the Government on the development and management of markets, Circular No. 06/2003/TT-BTM dated August 15, 2003, of the Ministry of Trade guiding the functions, duties, powers, and organization of market management boards, Decision No. 0772/2003/QĐ-BTM of the Minister of Trade promulgating Model Market Regulations, and Circular No. 2730/TM-CSTTTN of the Ministry of Trade dated June 24, 2003 guiding the reporting of market trading activities, Circular No. 07/2003/TT-BKH dated September 11, 2003, of the Ministry of Planning and Investment guiding the preparation of planning projects for market development and construction investment, and Circular No. 67/2003/TT-BTC of the Ministry of Finance guiding the financial mechanism applicable to market management boards, trading enterprises, exploitation, and market management. 15.3 Other matters related to border markets, customs gate markets, and markets within economic zones at border gates not mentioned in this Circular shall be implemented according to the provisions of Decree No. 02/2003/NĐ-CP dated January 14, 2003, of the Government on the development and management of markets, Circular No. 06/2003/TT-BTM dated August 15, 2003, of the Ministry of Trade guiding the functions, duties, powers, and organization of market management boards, Decision No. 0772/2003/QĐ-BTM of the Minister of Trade promulgating Model Market Regulations, and Circular No. 2730/TM-CSTTTN of the Ministry of Trade dated June 24, 2003 guiding the reporting of market trading activities, Circular No. 07/2003/TT-BKH dated September 11, 2003, of the Ministry of Planning and Investment guiding the preparation of planning projects for market development and construction investment, and Circular No. 67/2003/TT-BTC of the Ministry of Finance guiding the financial mechanism applicable to market management boards, trading enterprises, exploitation, and market management.

15.4 Provisions regarding border markets, customs gate markets, and markets within economic zones at border gates set forth in this Circular, if differing from bilateral agreements between the Government of the Socialist Republic of Vietnam and the Government of neighboring countries, shall be implemented according to the bilateral agreements already signed between the two Governments.

15.4 Provisions regarding border markets, customs gate markets, and markets within economic zones at border gates set forth in this Circular, if differing from bilateral agreements between the Government of the Socialist Republic of Vietnam and the Government of neighboring countries, shall be implemented according to the bilateral agreements already signed between the two Governments.

16. Customs procedures for goods traded at border markets, customs checkpoint markets, and markets within cross-border economic zones.

Customs procedures for goods traded at border markets, customs checkpoint markets, and markets within cross-border economic zones shall be carried out in accordance with the customs procedures for goods imported through the border as stipulated in Point 11 of this Circular.

as stipulated in Point 11 of this Circular.

V. ENTRY AND EXIT OF PERSONS AND MEANS RELATED TO THE EXPORT AND IMPORT OF GOODS ACROSS THE BORDER

17. Persons and means of transport of Vietnam

Male

17.1 Shippers, drivers of cargo transport vehicles, and service personnel on board ships, trains, or boats must present passports, ship's logbooks, border identity cards, and border transit permits upon request by border officials at checkpoints.

17.2. The owner of the means of transport and the person in charge of the cargo transport vehicle must present or submit the required documents when entering locations in the border area.

17.3 When vehicles enter locations other than border areas: they must comply with bilateral agreements, protocols, and agreements that Vietnam has signed with neighboring countries: presenting through-transport permits or permits agreed upon between the two border provinces.

17.4 Drivers entering and exiting border markets, customs gate markets, and markets within economic zones at border gates are exempt from visa requirements and subject to inspection and control by specialized state management agencies at checkpoints; if they proceed further inland, they must complete entry and exit formalities.

17.5. Health quarantine for entry and exit:

17.5.1. Before departure, for trains, automobiles, the owner of the means of transport or their representative must notify the border health quarantine agency of the following information: Name, nationality, itinerary of the transport vehicle;

Number of passengers and crew members on the transport vehicle;

Health declaration forms according to the prescribed format (for persons on the transport vehicle).

17.5.2. The checkpoint manager, owners of transport vehicles parked at the checkpoint, or their representatives, if they discover any disease requiring quarantine or dangerous infectious diseases, must immediately report to the border health quarantine agency or port health authority using the fastest means of communication, followed by a formal written report.

17.5.2 The person in charge of the checkpoint, the owner of the vehicle parked at the checkpoint, or their representative, upon discovering any disease requiring quarantine or dangerous infectious diseases, must immediately report to the border health quarantine agency or port health authority using the fastest means of communication, followed by a formal written report.

17.5.3 If a vehicle entering the country due to damage or other reasons cannot reach the designated health quarantine area, the owner of the vehicle or their representative must promptly inform the border health quarantine agency.

17.5.4. During the entry, exit quarantine inspection, the health quarantine officer requests the vehicle owner or representative to present necessary documents and health declaration forms of the crew members and passengers on board in accordance with the format prescribed by the border health quarantine authority.

17.5.5. Based on the results of the quarantine inspection, the border health quarantine authority issues a quarantine certificate for persons and vehicles that have been inspected upon entry. The quarantine certificate clearly states the measures to be taken regarding those persons and vehicles.

17.5.6. When a vehicle is subject to quarantine, the vehicle owner or representative must comply fully with the quarantine regulations and facilitate the work of the quarantine officers on their vehicle.

17.5.7.1. When a person entering or exiting the country is found to be infected or carrying vectors that transmit diseases requiring quarantine or dangerous infectious diseases, the border health quarantine agency will compulsorily detain or take necessary health measures against such individuals.

17.5.7.1. When a person entering or exiting is found to be infected or carrying vectors that transmit diseases requiring quarantine, or suffering from dangerous infectious diseases, the border health quarantine authority shall compulsorily detain them or enforce necessary medical measures against such individuals.

17.5.7.2. In cases where vectors transmitting diseases requiring quarantine or dangerous infectious diseases are found on a vehicle, the border health quarantine authority shall compel the vehicle owner or representative and the cargo owner or their representatives to implement medical measures, while simultaneously informing the head of the customs management agency at that port. After the vehicle has completed the prescribed measures, the border health quarantine authority will issue a quarantine certificate.

17.5.7.3. When foreign vehicles arrive at a Vietnamese port and the vehicle owner or representative fails to implement medical measures, the health quarantine authority will refuse to process entry health procedures and request relevant authorities to require the vehicle to immediately leave Vietnamese territory without stopping anywhere within Vietnam. In exceptional cases where immediate departure is not possible, the vehicle must implement medical measures as prescribed by the border health quarantine authority.

17.5.7.4. When implementing medical treatment measures, the person responsible for medical treatment must ensure the following requirements:

a. Not to harm the health of people or cause harm to animals on the means of transport;

b. Not to damage the machinery parts and architecture of the means of transport;

c. Not to cause a fire;

d. Not to damage luggage, goods, deform packaging, or change the color of goods labels.

In case of damage caused to people and means of transport when implementing medical treatment measures, the border sanitary quarantine agency shall compensate for the damage in accordance with the provisions of the law.

17.5.7.5. Parcels, newspapers, books, and other printed materials sent through postal services are exempt from medical treatment unless they are suspected by the border health quarantine authority to be sources of disease transmission.

17.5.7.6. All used items and waste items that clearly show signs of being able to transmit diseases must be quarantined and subjected to medical treatment before importation or exportation.

17.5.7.7. The border health quarantine authority does not need to implement medical measures on vehicles that have already undergone medical treatment at previous ports, or on transit vehicles passing through Vietnam without changing personnel or goods on Vietnamese territory, except in the following cases:

a. Unexpectedly discovering signs of infectious disease contamination on the means of transport or at the checkpoint;

b. Medical treatment measures at the previous checkpoint were ineffective.

17.5.7.8. The border sanitary quarantine agency will implement medical treatment measures for any means of transport entering or exiting if the means of transport:

a. Comes from an area with infectious diseases or dangerous communicable diseases;

b. Has individuals infected with infectious diseases or dangerous communicable diseases;

c. Has vectors exceeding the permitted limits.

The Ministry of Health specifies the specific permissible vector limits for each infectious disease or dangerous communicable disease.

17.5.7.9. For individuals currently suffering from or suspected of having infectious diseases, the border sanitary quarantine agency must implement the following measures:

a. Isolate and treat the sick individual at the designated location until they recover or are no longer capable of spreading the disease;

b. Detain individuals suspected of having a disease requiring quarantine, with the detention period not exceeding the incubation period of the disease. If a disease requiring quarantine is discovered among the detained individuals, those affected must be isolated and treated.

17.5.7.10. Individuals on vehicles that have a disease, or are suspected of having a disease requiring quarantine, or have come from areas with diseases requiring quarantine or dangerous infectious diseases, must undergo a health check at the local health facility within the period specified in the health monitoring certificate issued by the border health quarantine authority; meanwhile, the border health quarantine authority is responsible for promptly notifying the local health facility where the individual resides.

17.6. The driver presents or submits documents required for vehicle and cargo inspection, control, and supervision as stipulated, including: Vehicle registration certificate, ship registration certificate, or temporary vehicle registration certificate;

Safety technical inspection and environmental protection certificate for the means of transport;

Driving permit for the means of transport;

Certificate of liability insurance of the means of transport owner for third parties.

Bill of lading or transportation documents attached with necessary permits related to goods;

Declaration form for temporary import for re-export or temporary export for re-import of the means of transport;

Passenger list;

Luggage declaration form;

Declaration form for temporary import for re-export or temporary export for re-import of the means of transport with a time limit;

Permit for temporary import for re-export or temporary export for re-import of the means of transport with a time limit;

Through-transport permit;

17.5.2. The checkpoint manager, owners of transport vehicles parked at the checkpoint, or their representatives, if they discover any disease requiring quarantine or dangerous infectious diseases, must immediately report to the border health quarantine agency or port health authority using the fastest means of communication, followed by a formal written report.

17.7. Customs procedures for imported, exported, and transiting means of transport through land border checkpoints:

17.7.1. At the border control point:

17.7.1.1. For inbound vehicles:

17.7.1.1.1. Responsibilities of the driver:

- Stop the vehicle at the designated location at the customs checkpoint, present documents and the vehicle for customs inspection, and record in the logbook.

- Sign to confirm in the customs agency's logbook.

17.7.1.1.2. Responsibilities of the customs agency:

- Inspect the vehicle and documents presented by the driver and record in the logbook.

- Supervise the inbound vehicle.

17.7.1.2. For outbound vehicles:

17.7.1.2.1. Responsibilities of the driver: Present the outbound vehicle declaration form, export goods declaration form (if the vehicle carries export goods) after completing customs procedures.

17.7.1.2.2. Responsibilities of the customs agency:

- Accept, inspect the vehicle and documents presented by the driver, and record in the logbook.

- Through surveillance activities and the collection of information related to exported consignments, if there is evidence to confirm that the goods are smuggled or tax-evaded, report to the customs branch director to re-inspect and handle violations according to regulations.

- Supervise the vehicle and goods until they exit the border..

17.7.2. At the customs office premises:

Customs procedures for outbound, inbound, and transiting vehicles are as follows:

17.7.2.1. The driver is responsible for declaring and submitting to the customs agency the following documents:

17.7.2.1.1. For trucks transporting goods for entry, exit, or transit: Truck Entry/Exit Declaration Form at Border Gate (HQ/2002/01-TVT issued together with Decision No. 1473/2002/QĐ-TCHQ dated May 24, 2002 by the General Director of the General Customs Department): Two original copies;

Export and import luggage declaration form of the driver (if the vehicle operates outside the checkpoint area): One original copy;

Passenger list (if carrying passengers): One original copy;

Present the permit (if required under the Road Transport Agreement signed between the Government of Vietnam and the Governments of neighboring countries).

17.7.2.1.2. For foreign trucks entering the Vietnamese port area to deliver imported goods or pick up exported goods and then return to their country on the same day, and for Vietnamese trucks crossing the border to deliver exported goods or pick up imported goods directly at the port area and then return to Vietnam on the same day, no declaration or submission of documents as mentioned above is required.

17.7.2.1.3. For temporarily imported/exported vehicles with a term defined in Article 52 of Decree No. 101/2001/NĐ-CP dated December 31, 2001 of the Government and Point 1, Part 1, Circular No. 11/2003/TT-BCA (C11 dated July 3, 2003 of the Ministry of Public Security, including: Tourist cars (sedans, passenger cars, cars for both passengers and cargo), motorcycles, motorized boats or non-motorized boats, in addition to submitting and presenting the documents specified in Point 17.7.2.1.1 above, the driver must also submit one of the following documents to the customs authority:

A temporary import permit for circulation issued by the public security agency: one original copy;

A permit issued by the Customs Office of the border province or city (for vehicles temporarily exported for re-import through different ports of entry): one original copy.

17.7.2.2. The customs authority shall be responsible for:

- Receiving and examining the documents submitted by the driver.

- Comparing the declaration form with the actual vehicle and inspecting the vehicle if there is evidence that imported goods not declared to customs are present on the vehicle.

- The head of the Border Gate Customs Sub-office shall decide to allow the vehicle to enter, exit, or transit based on the vehicle's declaration form HQ/2002/01-PTVT.

- Returning one original copy of the vehicle's declaration form HQ/2002/01-PTVT to the driver as proof of travel.

- Recording in the tracking logbook and storing the customs file according to regulations.

17.7.2.3. The issuance of permits for Vietnamese vehicles temporarily exported for re-import within a time limit shall be carried out as follows:

- In cases where the vehicle temporarily exports and re-imports through the same port of entry, the Head of the Border Gate Customs Office shall grant permission by directly recording on the Vietnamese import/export declaration form of the driver.

- In cases where a temporarily exported/re-imported vehicle does not use the same port, the vehicle owner or driver must submit a written request (including: name of the vehicle owner, name of the driver, type of vehicle, brand, chassis number, engine number, license plate, temporary export port, re-import port, temporary export time, re-import time) to the Director of the Provincial or City Customs Office where the temporary export port is located to obtain permission.

The permit (GP/2002/02-PTVT issued together with Decision No. 1473/2002/QĐ-TCHQ dated May 24, 2002 by the General Director of the General Customs Department) consists of three copies: Two copies are given to the vehicle owner or driver to submit to the customs office of the temporary export port and the re-import port each, and one copy is retained by the customs office issuing the permit. This permit is valid at both the temporary export and re-import ports.

18. Foreign persons and vehicles sharing a border

18.1. Permit foreign transport vehicles from neighbouring countries to pass through the border gates specified in Points 10.1, 10.2, and 10.3 of this Circular to enter designated points for delivery and receipt of goods within the border area as prescribed by competent Vietnamese authorities.

18.2. Only permitting vehicles transporting animal products to pass through border ports after undergoing disinfection and decontamination as prescribed.

18.3. Foreign citizens from neighbouring countries who are owners of goods or persons authorized by the owner, drivers, and crew members of foreign transport vehicles are permitted to travel with the transport vehicle through the border gates specified in Points 10.1, 10.2, and 10.3 of this Circular to enter designated points for delivery and receipt of goods using passports, seaman’s books, border identity cards, or border transit permits issued by the competent authorities of the neighbouring country.

18.4. In cases where foreign transport vehicles and subjects specified in Points 17.1, 17.2, and 17.3 of this Circular wish to enter locations other than the border area and border economic zones for delivery and receipt of goods, they must comply with the provisions of agreements, protocols, and other agreed documents between Vietnam and neighbouring countries regarding entry and exit and road transport.

18.5. Transport vehicles and foreign citizens from neighbouring countries who are drivers of transport vehicles owned by business entities of neighbouring countries when entering and exiting border markets, border gate markets, and markets within border economic zones for the transportation of goods are exempted from visa requirements for entry and exit from Vietnam and are subject to inspection and control by specialized state management agencies at the border gate; if they wish to leave the border market, border gate market, and markets within the border economic zone to enter deeper into the interior of Vietnam, they must complete the necessary procedures for entry and exit for both individuals and vehicles according to Vietnamese laws. The immigration management agency (Ministry of Public Security) will issue visas immediately at the border economic zone.

18.6. Quarantine for foreigners:

Persons entering Vietnam from areas requiring quarantine or dangerous infectious disease areas must declare their health status to the border health quarantine authority. The Ministry of Health shall specify the content and procedures for health declaration.

When there is an outbreak of quarantine diseases or dangerous infectious diseases at Vietnamese ports of entry, the border health quarantine agency must vaccinate foreigners upon their request.

VI. IMPLEMENTATION

19. Handling violations

Violations in cross-border trade activities will be handled based on the provisions of the Government Decree on administrative penalties in the field of commerce and related legal regulations of Vietnamese law.

20. Responsibilities of the Ministry of Trade

20.1. The Ministry of Trade shall take the lead and coordinate with relevant ministries, sectors, and People's Committees of border provinces based on Decision No. 252/2003/QĐ-TTg dated November 24, 2003, of the Prime Minister, this Joint Circular, and other relevant legal regulations of Vietnam to guide and direct the management and operation of cross-border trade activities.

20.2. The Ministry of Trade shall establish a Steering Committee for Cross-Border Trade Activities under the Ministry of Trade, with members being representatives of ministries, sectors, and provincial people's committees adjacent to the border.

The Steering Committee for Cross-Border Trade Activities shall assist the Minister of Trade in implementing the inter-ministerial coordination mechanism and directing and managing cross-border trade activities as stipulated in Decision No. 252/2003/QĐ-TTg dated November 24, 2003, of the Prime Minister and this guiding Circular.

The Ministry of Trade and relevant agencies shall proactively and coordinate to handle issues arising during implementation, and report to the Prime Minister on matters exceeding their authority.

21. Responsibilities of Relevant Ministries and Agencies

21.1. Heads of relevant ministries and agencies shall strictly implement Decision No. 252/2003/QĐ-TTg dated November 24, 2003 of the Prime Minister and the guiding provisions of this Circular.

21.2. Relevant ministries and agencies shall appoint representatives to participate in the Border Goods Trade Steering Committee under the Ministry of Trade.

21.3. Relevant ministries and sectors shall regularly inspect and urge the implementation of Decision No. 252/2003/QĐ-TTg dated November 24, 2003, of the Prime Minister and this guiding Circular, and closely cooperate with the Ministry of Trade and other relevant ministries and sectors in handling issues involving multiple ministries and sectors.

22. Responsibilities of People's Committees of Border Provinces

22.1. People's Committees of border provinces are responsible for organizing the management and operation of all cross-border trade activities within the border areas under their jurisdiction; effectively implementing the inter-ministerial coordination mechanism for the management and operation of cross-border trade activities.

22.2. People's Committees of border provinces shall designate the Department of Trade/Trade and Tourism as the lead agency assisting the provincial People's Committee in managing cross-border goods trade.

22.3. They shall be subject to the management direction of the Border Goods Trade Steering Committee and related ministries and agencies regarding cross-border goods trade.

23. Repeal of Circular No.

Circular No. 47/2004/TT-BTC dated May 31, 2004, of the Ministry of Finance and all regulations issued by ministries/sectors and localities that contradict Decision No. 252/2003/QĐ-TTg dated November 24, 2003, of the Prime Minister and the provisions of this Circular.

24. Supplementing and Amending the Circular

During the implementation of this Circular, if there is a need to supplement or amend any content related to a particular ministry, that ministry shall be responsible for such supplementation or amendment.

VII. EFFECTIVE DATE OF IMPLEMENTATION

This Circular takes effect fifteen days after its publication in the Official Gazette.

BUU BA BONG (Signed)

Truong Chi Trung (Signed)

PHUNG KHAC KE (Signed)

Phan The Viet (Signed)

Nguyen Tien Sam (Signed)

Le Ngoc Trong (Signed)

Nguyen Thi Hong Minh (Signed)