JOINT CIRCULAR No. 05/2004/TTLT-BTM-BTC-BGTVT-BNN-BYT-NHNN ON GUIDELINES FOR IMPLEMENTING DECISION No. 252/2003/QĐ-TTg dated November 24, 2003 OF THE GOVERNMENT ON BORDER TRADE MANAGEMENT WITH NEIGHBORING COUNTRIES

JOINT CIRCULAR

||| Guidelines for implementing Decision No.
||| 252/2003/QĐ-TTg dated November 24, 2003, of the Prime Minister

||| on management of trade in goods 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, the Ministry of Finance, the Ministry of Transport, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Fisheries, and the State Bank of Vietnam jointly issue guidelines for implementing Decision No. 252/2003/QĐ-TTg dated November 24, 2003, of the Prime Minister on management of trade in goods 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 the provisions of Article 2, Clause 5.2, and Article 6 of Decision No. 252/2003/QĐ-TTg dated November 24, 2003, of the Prime Minister on management of trade in goods 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 carried out by the subjects specified in Articles 6 and 8 of this Circular according to non-conventional 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 trading must comply with the regulations stipulated in Decision No. 46/2001/QĐ-TTg dated April 4, 2001, of the Prime Minister on management of export and import of goods during the period 2001-2005, other related Decisions of the Prime Minister, and guiding documents issued by the Ministry of Trade and relevant specialized ministries and agencies. Other goods can be freely traded, sold, and exported or 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 provisions of the Border Health Quarantine Regulations promulgated 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 prescribed by the 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 among people, conveyances upon entry or exit, luggage, goods, containers, mail items upon import or export, in accordance with the Border Health Quarantine Regulations promulgated 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" refers to the agency with state management functions 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, conveyances, and objects capable of carrying or transmitting diseases subject to quarantine or dangerous infectious diseases upon entry or exit, import or export, must be supervised by the border health quarantine agency at the port of entry or exit, import or export. If found infected or carrying vectors that transmit diseases subject to quarantine or dangerous infectious diseases as prescribed in the aforementioned Border Health Quarantine Regulations, they must undergo quarantine in designated areas.

||| Prior to processing, the border health quarantine agency promptly notifies 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 category of animals or plants subject to quarantine (for example, cattle, pigs, chickens...), it only needs to be inspected at one stage or undergo health quarantine as prescribed in Section 3.1 or animal and plant quarantine as prescribed 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 health products, human tissues, organs, blood, and blood components must be inspected and certified by the border health quarantine agency before being allowed to be 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, and aquatic product quarantine published by the Minister of Agriculture and Rural Development need to 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 published by the Minister of Agriculture and Rural Development for each period 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 in accordance with 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 Circular Joint).

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 one copy to the consignor to execute and one copy to the customs authority (where the import procedures were processed) for coordination, monitoring the consignment until re-export is completed, and handling violations by the consignor who does not strictly implement 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 handling 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, handling method).

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 was made shall note the reason on the Quarantine Registration Certificate.

3.2.10.2.4. Customs procedure enforcement against exported and imported goods of organizations and individuals shall be carried out 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. Enforcement shall be lifted when organizations or individuals submit a certified copy and present the original document from the quarantine authority (where enforcement was requested) confirming the execution of the handling decision. Certified copies from organizations must be signed, stamped, while individual copies are photocopies.

3.2.11. Coordination relationship:

3.2.11.1. In cases where the quarantine authority requires the completion of quarantine before the goods complete customs procedures, the two relevant authorities must closely cooperate, 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 supervision of goods subject to quarantine. In necessary cases, emergency meetings can be organized upon the proposal 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 from one state agency responsible for quality control designated by the Ministry of Health for the consignment. 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 quality control based on ensuring compliance with the requirements for state quality control for goods listed in the catalog of goods required to undergo state quality control 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;

- Consignments 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 importation).

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

3.4.7. Items that fall under both the list of goods required to undergo state quality control and other inspection requirements (determining the residual quality of used goods) shall all be carried out by the state quality control agency (for example, used motor vehicles only need to undergo state inspection at the Vietnam Registration Bureau), without requiring an appraisal to confirm the conformity of the quality of used equipment according to Decision No. 46/2001/QD-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 is responsible for complying with the laws regarding the import of goods meeting quality requirements and must fulfill the following requirements when importing goods listed in the catalog of goods required to undergo state quality control:

- 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 date of customs clearance, 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 quality control 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. Upon re-export, 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 receipt of the application from the consignee, the inspection agency must confirm the State Quality Inspection Registration Certificate for imported goods 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 Quality Inspection Registration Certificate; 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 along with the completed import declaration file to inspect. Before conducting the quality inspection, the inspection agency must compare and review; 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 date 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 department.

- If imported goods fail to meet quality requirements and must be 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 consignment. 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 Quality Inspection Registration Certificate for imported goods confirmed by the inspection agency or a Notification Exempting Inspection. Based on the valid files and goods, the customs agency processes the clearance procedures for the consignment according to regulations. The customs agency is not liable for the quality of imported goods after clearance.

- Specifically, for imported motor vehicles listed in the catalog of goods required to undergo state quality control, after the inspection agency (Vietnam Registration Bureau, Ministry of Transport) issues a Vehicle Import Quality Certificate, the customs agency will base its confirmation on the content of the certificate; if it complies with current regulations, the customs agency will confirm the Vehicle Origin Declaration for imported vehicles; if it does not comply, the customs agency will prepare a record and handle it according to the law.

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 consignment is responsible for comparing the retained file of the previously cleared consignment 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 procedures. If the consignment 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, and quarantine agencies must closely coordinate regarding 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 for the purchase and exchange of goods by border residents, payments for the purchase and sale of goods at border markets, border gate markets, and markets within special economic zones at border gates, and payments for import and export of goods across borders 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), Lao kip (LAK), Cambodian 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 from 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 on carrying foreign currency cash and Vietnamese dong cash when importing and exporting.

4.4. Parties involved in the purchase and sale, import and export of goods across borders may choose payment forms in accordance with the regulations of the State Bank of Vietnam based on bilateral payment agreements signed between Vietnam and neighboring countries, encouraging business entities to conduct bank-based payments 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 pursuant to the agency payment 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 shall be freely convertible foreign currencies, Vietnamese dong, or the currency of neighboring countries.

4.5. Based on bilateral agreements on payments already signed between Vietnam and neighboring countries and taking into account the specific characteristics of trade relations in each border region, the State Bank of Vietnam will issue specific guidelines to regulate payment matters.

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 districts adjacent to neighboring countries may engage in the purchase and sale, exchange of goods in accordance with the provisions on cross-border trade goods set forth 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 for opening by border provinces of Vietnam and border provinces of neighboring countries and are 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 purchased and exchanged 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 are entitled to import and export goods across borders.

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 are agreed upon for opening by border provinces of Vietnam and border provinces of neighboring countries and are 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 (code HQ/2002-NK 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 sales contracts issued together with Decision No. 56/2003/QD-BTC dated April 16, 2003 by the Minister of Finance, except for waybills.

For individual businesses located in border provinces of Vietnam and neighboring countries trading at border markets, border gate markets, and markets within special economic zones at border gates, they are not required to have the aforementioned documents, except for the following 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 across borders are eligible for preferential import duties according to 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 of goods under a sales contract: Use the Export Goods Declaration Form (code HQ/2002-XK 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 of goods without a sales contract: Use the Border Gate Export Goods Declaration Form (code HQ/2002-XKBG 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 Ministry 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 sales 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 certificate of export quarantine issued by 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. PURCHASE AND SALE OF GOODS AT BORDER MARKETS, GATEWAY MARKETS, AND MARKETS WITHIN SPECIAL ECONOMIC ZONES AT GATEWAYS
MARKETS WITHIN SPECIAL ECONOMIC ZONES AT GATEWAYS

 

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. Markets within special economic zones at gateways are established within special economic zones at gateways pursuant to Decision No. 53/2001/QD-TTg dated April 19, 2001 by the Prime Minister on policies for special economic zones at border gateways.

14. Business subjects at markets;

14.1. Vietnamese enterprises and individual businesses with a business registration certificate issued by competent state authorities are permitted to operate in border markets, gateway markets, and markets within special economic zones at gateways.

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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;

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15. Market Management;

15.1. The establishment (or dissolution) and the definition of the functions, duties, and powers of the market management agency 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, issued by the Government on the development and management of markets, Circular No. 06/2003/TT-BTM dated August 15, 2003, issued by 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 the Model Market Regulations, Document 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, issued by 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 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, issued by the Government on the development and management of markets, Circular No. 06/2003/TT-BTM dated August 15, 2003, issued by 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 the Model Market Regulations, Document 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, issued by 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 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, issued by the Government on the development and management of markets, Circular No. 06/2003/TT-BTM dated August 15, 2003, issued by 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 the Model Market Regulations, Document 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, issued by 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, issued by the Government on the development and management of markets, Circular No. 06/2003/TT-BTM dated August 15, 2003, issued by 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 the Model Market Regulations, Document 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, issued by 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. Any provisions regarding border markets, customs gate markets, and markets within economic zones at border gates set forth in this Circular that differ from bilateral agreements between the Government of the Socialist Republic of Vietnam and the Governments of neighboring countries shall be implemented according to the bilateral agreements already signed between the two Governments.

10 ||| Customs procedures for goods traded or exchanged at border markets, customs gate markets, and markets within economic zones at border gates shall be conducted in accordance with the customs procedures for goods imported through the border as stipulated in Point 11 of this Circular.

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

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V. BORDER CROSSING OF PERSONS AND MEANS RELATED TO THE IMPORT AND EXPORT OF GOODS ACROSS THE BOUNDARY
THROUGH THE BOUNDARY
 

17. Persons and means of Vietnam

17.1. The consignor, the driver of the transport vehicle, and the crew members on the vehicle, ship, or boat must have passports, seamen's books, border identity cards, border travel permits, and must present them to the authorities at the checkpoint.

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 areas other than the border zone: they shall comply with bilateral agreements, protocols, and agreements that Vietnam has signed with neighboring countries: presenting through-trip permits or permits agreed upon between the two border provinces.

17.4. Drivers entering and exiting border markets, checkpoint markets, and markets within special economic zones at checkpoints are exempt from visas and subject to inspection and control by specialized state management agencies at the checkpoint; if entering inland, they must complete entry and exit procedures.

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 checkpoint manager, the owner of the transport vehicle parked at the checkpoint, or their representative, if they discover any quarantine diseases or dangerous infectious diseases, must immediately report to the border health quarantine agency or the port health authority using the fastest means possible, followed by a formal written report.

17.5.3. Where transport vehicles enter the country due to damage or for other reasons and cannot reach the designated health quarantine area, the owner of the transport vehicle or their representative must immediately inform the border health quarantine authority.

17.5.4. During the entry and exit health quarantine process, the health quarantine officer requests the owner of the transport vehicle or their representative to present necessary documents and health declaration forms of the crew members and passengers on the transport vehicle according to the prescribed format by the border health quarantine authority.

17.5.5. Based on the results of the quarantine, the border health quarantine authority issues a health quarantine certificate for persons and transport vehicles that have been quarantined. The health quarantine certificate clearly states the measures taken for those persons and transport vehicles.

17.5.6. When a transport vehicle is subject to quarantine, the owner of the transport vehicle or their representative must comply fully with the quarantine regulations and facilitate the work of the quarantine officers on their transport 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 an individual entering or exiting the country is found to be infected or carrying vectors that transmit diseases requiring quarantine, or suffering from dangerous infectious diseases, the border health quarantine authority must detain them for examination 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 transport vehicle, the border health quarantine authority compels the owner of the transport vehicle or their representative and the owner of the goods or their representative to implement medical measures, while simultaneously reporting to the head of the customs management agency at that location. After the transport vehicle has completed the prescribed measures, the health quarantine authority issues a health quarantine certificate.

17.5.7.3. When foreign transport vehicles arrive at a Vietnamese border gate and the owner of the transport vehicle or their representative does not implement medical measures, the health quarantine authority refuses to carry out entry medical procedures and requests relevant authorities to require the transport vehicle to leave Vietnam's border gate immediately and not park anywhere within Vietnamese territory. In exceptional cases where immediate departure is not possible, they 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 via parcels do not need to undergo medical treatment except when these parcels 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 against transport vehicles that have already undergone medical treatment at a previous border gate, or transport vehicles transiting 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 transport vehicles that have a disease, or are suspected of having a disease requiring quarantine, or who 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 informing the health facility where the individual resides.

17.6. The driver presents or submits documents required for the inspection, control, and supervision of the vehicle and cargo 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 export, import, or transit: Declaration Form for Trucks Entering and Leaving Border Gates by Road (HQ/2002/01-TVT issued together with Decision No. 1473/2002/QD-TCHQ dated May 24, 2002 by the General Director of the General Department of Customs): 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 border gate area to deliver imported goods or pick up exported goods and then return to their home country on the same day, and for Vietnamese trucks passing through the border to deliver exported goods or pick up imported goods directly at the border gate area and then return to Vietnam on the same day, no declaration or submission of the above-mentioned documents is required.

17.7.2.1.3. For temporarily imported/exported transport vehicles with a time limit as stipulated 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: passenger cars, motorcycles, boats, and motorized or non-motorized rafts, 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 temporarily exported/re-imported vehicles do not use the same border gate, 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 border gate, re-import border gate, temporary export date, re-import date) to the Director of the Provincial or City Customs Bureau where the temporary export border gate is located to obtain permission.

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

18. Foreign persons and vehicles sharing a border

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

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

18.3. Foreign citizens sharing a border who are the owners of goods or persons authorized by the owners, drivers, and service personnel on foreign transport vehicles sharing a border may travel with the transport vehicles through the customs 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 neighboring countries.

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

18.5. Transport vehicles and foreign citizens sharing a border who are drivers of transport vehicles owned by business entities from neighboring countries when entering and exiting border markets, border gate markets, and markets within the border economic zone for transporting goods are exempted from visa requirements for entry and exit to Vietnam and are subject to inspection and control by specialized state management agencies at the border gate. When there is a need to leave the border market, border gate market, and market within the border economic zone to enter deeper into the interior of Vietnam, they must follow the procedures for entry and exit of persons and vehicles as stipulated by Vietnamese laws. The immigration authority (Ministry of Public Security) will consider issuing visas immediately at the border economic zone.

18.6. Quarantine for foreigners:

Persons entering Vietnam from areas requiring quarantine due to infectious diseases must declare their health status to the border health quarantine agency. The Ministry of Health shall specify the contents 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 by 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 according to Decision No. 252/2003/QĐ-TTg dated November 24, 2003 by 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 by 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 Circular No. 47/2004/TT-BTC dated May 31, 2004 by the Ministry of Finance and all regulations issued by ministries/sectors and localities that contradict the provisions of Decision No. 252/2003/QĐ-TTg dated November 24, 2003 by 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.