Circular No. 05-TMDL/QLTT guiding the implementation of Directive No. 94/CT dated March 25, 1992, issued by the Chairman of the Council of Ministers.

CIRCULAR

OF THE MINISTRY OF TRADE AND TOURISM

GUIDELINES FOR IMPLEMENTING THE DIRECTIVE

94/CT (March 25, 1992) OF THE CHAIRMAN OF THE STATE COUNCIL OF MINISTERS

On March 25, 1992, the Chairman of the State Council of Ministers issued Directive No. 94/CT on the organization and management of border markets between Vietnam and China under new circumstances. The Ministry of Trade and Tourism provides guidelines for implementing the contents of this directive within the scope of trade and tourism management as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

The provisions of Directive No. 94/CT of the Chairman of the State Council of Ministers apply to forms of goods exchange across the land border between Vietnam and China.

Goods exchanged across the land border between Vietnam and China may be import-export merchandise or goods exchanged by border residents (including small-scale import-export).

Cooperation and joint ventures with China (including agency, restaurant, and hotel operations) are not within the scope of this directive and must be carried out in accordance with the Law on Foreign Investment in Vietnam and related guiding documents.

II. REGARDING IMPORT-EXPORT TRADE

Import-export trade is the activity of exporting and importing conducted by enterprises engaged in import-export (which have been granted business licenses for import-export by the Ministry of Trade and Tourism) through the border gates of Dong Dang-Bang Tang, Huu Nghi-Huu Nghi Quan, Mong Cai-Dong Hung, Lao Cai-Ha Kou, and other gates agreed upon by both countries. Such activities must comply with:

1. The Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China (signed on November 7, 1991), and the Circular of the Ministry of Trade and Tourism guiding the implementation of this agreement (Circular No. 11-TMDL/TT, December 7, 1991).

2. Decree No. 114/HĐBT (April 7, 1992) of the State Council of Ministers ("State Management of Export and Import") and guidance from the Ministry of Trade and Tourism and relevant ministries and sectors regarding the implementation of this decree.

III. REGARDING THE PURCHASE AND SALE OF GOODS
BY BORDER RESIDENTS

Border residents' goods exchange refers to the exchange of goods conducted by residents in border areas (in the Vietnam-China Trade Agreement, border residents' goods exchange is referred to as folk trade, and in the temporary agreement on handling matters in the two countries' border regions, it is called border trade and local trade). Border residents' goods exchange includes two forms: resident exchange and small-scale import-export.

1. Resident exchange: is the exchange of goods by ethnic compatriots living in border areas when attending market fairs or visiting relatives across the border; carrying products they produce themselves and daily consumer goods for exchange for personal and family use, without the aim of trading for profit. In resident exchanges, prohibited export-import goods (attached to this circular) cannot be carried. The quantity or value each time crossing the border, exempted from tax, shall not exceed the limit set by the General Customs Department and the Provincial People's Committee at the border.

2. Small-scale import-export: is the border trade for profit conducted by traders who are residents in border areas.

2.1. Small-scale import-export is implemented according to the following regulations:

a) The subjects engaging in small-scale import-export (referred to as small-scale import-export traders) are traders with permanent residence registration in communes (and equivalent administrative units) adjacent to the border, who have been granted business licenses by the District People's Committee in accordance with Decree No. 66/HĐBT (March 2, 1992) and have been granted small-scale import-export business licenses by the Provincial People's Committee at the border.

State-owned enterprises at the provincial level under the Provincial People's Committee at the border that need to engage in small-scale import-export may establish networks (shops, stations, companies, factories, etc.) in border areas for the Provincial People's Committee to consider granting small-scale import-export business licenses.

b) Only permitted to trade in goods specified in the business license.

c) Not allowed to trade in goods listed in the prohibited export-import goods list (attached to this circular). This list will be reviewed and published by the Ministry of Trade and Tourism at different times.

d) The value of goods each time exported or imported shall not exceed 500,000 VND (five hundred thousand dong), equivalent to the value of 200 kg of white rice, based on current prices.

e) Allowed to settle transactions in cash, in accordance with banking instructions.

g) Small-scale import-export goods must be transported through border gates or agreed-upon footpaths by the provincial authorities of both sides, subject to inspection and control by customs officers at the gate or border guard posts (where there is no customs).

h) Must pay small-scale import-export duties as stipulated in Decision No. 115/HĐBT (April 9, 1992), guided by the Ministry of Finance and the General Customs Department on the implementation of this decision.

2.2. Management of small-scale import-export.

a) Each time exporting or importing, a small-scale import-export goods declaration form must be filled out. The small-scale import-export goods declaration form is jointly issued by the General Customs Department and the Ministry of Trade and Tourism. In the declaration form, the commodity code must be recorded for easy tracking and statistics. The commodity code for small-scale import-export also follows the commodity code for regular trade import-export as prescribed by the Ministry of Trade and Tourism.

b) Within five days after receiving the declaration form, the customs officer at the gate or border guard post (where there is no customs) has the responsibility to send one copy of the declaration form to the Ministry of Trade and Tourism for monitoring. Periodically (monthly, quarterly, annually), the Director of the Department of Trade and Tourism prepares a report (with recommendations on issues requiring resolution) on the situation of small-scale import-export and sends it to the Ministry of Trade and Tourism for consolidation and reporting to the Chairman of the State Council of Ministers.

c) The Department of Trade and Tourism is responsible for coordinating with border guards and customs to monitor and inspect small-scale import-export activities, ensuring compliance with regulations.

IV. ORGANIZATION AND MANAGEMENT OF BORDER MARKETS

Border markets are primary locations for border residents to conduct goods exchange, including small-scale import-export.

1. Subjects participating in trade and sales at border markets:

1.1. Residents with permanent residence registration in border areas.

1.2. Economic organizations and Vietnamese traders outside the border area may only open shops, stores, or sales counters for regular business transactions at border markets when they meet the following conditions:

a) Possessing a domestic business license issued by the competent state authority.

b) Receiving written approval from the Director of the Commerce and Tourism Department of the border province where the market is located.

c) Holding a permit to enter the border area issued by the provincial public security agency of the border province where the market is located, in accordance with Articles 9 and 10 of Decree 99/HĐBT (March 27, 1992) of the Council of Ministers on the regulations of the border area.

d) Not crossing the border into China, but only participating in the border market on the Vietnamese side.

1.3. Economic organizations and Chinese traders may engage in buying and selling activities at the border market on the Vietnamese side when they meet the following conditions:

a) Being residents of the Vietnam-China border area, possessing a cross-border travel permit issued by the competent authority in China.

b) Having a business license (or certificate) issued by the competent authority in China.

c) Being introduced in writing by the county-level government (or equivalent) on the Chinese side, and obtaining a business license for the border market on the Vietnamese side from the Director of the Commerce and Tourism Department of the border province in Vietnam.

d) Not bringing across the border goods that Vietnam prohibits from being exported or imported through informal channels (as listed in this Circular).

e) Paying the full export and import duties for informal trade when transporting goods across the border.

g) When conducting business at the border market, paying all turnover taxes, income taxes according to Vietnamese tax laws, and fees (market fees, rental fees for sales locations, etc.) as stipulated by the People's Committee of the border district where the market is located.

h) Strictly adhering to Vietnamese laws during their stay and trading activities within Vietnam.

1.4. Residents of the border area on the Chinese side, holding cross-border travel permits to attend border markets or visit relatives on the Vietnamese side, may only exchange goods and items within the border area, primarily at the border market.

2. Border Market Organization:

Border markets are established within the border area, based on pairs of markets agreed upon by the Government of Vietnam and the Government of China.

The Provincial People's Committee, through its advisory body, the Commerce and Tourism Department, bases on demand, management capacity, and customs, selects convenient locations for setting up markets that facilitate trade and inspection, formulates market procedures, and informs the corresponding authorities on the Chinese side.

For now, it is necessary to consolidate existing markets: Dong Dang (Lang Son), Cai Long (Quang Ninh), Ta Nung (Cao Bang), and establish new markets in Lao Cai, Thanh Thuy (Ha Giang), and Malutang (Lai Chau).

Construction funds for the markets mainly come from contributions by the people (primarily from regular traders at the market) and local government budget support. Where conditions permit, joint venture investments can be solicited from domestic or foreign economic organizations or individuals. In cases of joint ventures with foreign entities, the Law on Foreign Investment in Vietnam must be followed.

3. Management of Border Markets:

Each border market must establish a Border Market Management Board. The Border Market Management Board is a self-financing public service organization responsible for organizing and arranging traders in the market; ensuring order, hygiene, and safety in the market; and collecting fees as prescribed.

For large and medium-sized markets (with 100 or more fixed traders), the financial-commerce department of the district helps the District People's Committee organize and manage the market. For small markets (with fewer than 100 fixed traders), the District People's Committee entrusts the Commune People's Committee to organize and manage them.

The District People's Committee directs the police, border guard, finance, and customs departments within the district to closely cooperate with the Market Management Board in managing the operation of the border market.

V. IMPLEMENTATION

To ensure the effective implementation of Directive 94/CT of the Chairman of the Council of Ministers, replacing previous provisions in Directive 405/CT (November 19, 1990), the Provincial People's Committees, through their advisory bodies, the Commerce and Tourism Departments, urgently implement this Circular, initially focusing on the following tasks:

1. Formulating plans to quickly rectify provincial import-export enterprises in accordance with Decree 114/HĐBT (April 7, 1992) of the Council of Ministers and guiding documents from the Ministry of Commerce and Tourism implementing this decree; first, reviewing and compiling lists of enterprises to request the Ministry of Commerce and Tourism to issue import-export business licenses.

2. Issuing unified import-export business licenses for informal trade as issued by the Ministry of Commerce and Tourism, issuing business licenses to Chinese organizations and individuals coming to trade at the border market on the Vietnamese side in accordance with the provisions of this Circular, with clear and convenient procedures. The Commerce and Tourism Department is responsible for assisting the Provincial People's Committee in managing trade, cooperation, and tourism with China as stipulated in this Circular.

3. Proactively contacting the corresponding authorities on the Chinese side to discuss and coordinate the implementation of management measures by both sides based on the regulations of the two countries and ensuring that our border residents can trade in China under equivalent conditions.

4. Organizing coordination among sectors and levels within the province to prepare for formal trade in line with the Vietnam-China Trade Agreement and related agreements (Railway Agreement, Temporary Agreement on Border Affairs Resolution, Visa Exemption Agreement, etc.).

5. Organizing coordination among sectors and levels within the province to implement border market inspection and control work, including enhancing training and equipping necessary equipment for inspection and protection forces.

6. Regularly or unexpectedly, the Ministry of Commerce and Tourism will organize inspections of the exchange of goods across the Vietnam-China border and the implementation of Directive 94/CT and the provisions in this guiding Circular.

7. Any violation of the spirit of Directive 94/CT and any breach of the provisions of this Circular shall be dealt with according to their severity based on current laws.

This Circular takes effect from the date of issuance. During the implementation of Directive 94/CT of the Chairman of the Government Council and this Circular, if there are difficulties or obstacles, the People's Committees of border provinces and Provincial Departments of Trade and Tourism shall report to the Ministry of Trade and Tourism for timely guidance.

LIST
PROHIBITED EXPORT AND IMPORT GOODS AT THE VIETNAM-CHINA BORDER
ACROSS THE VIETNAM-CHINA BORDER
(Issued together with Circular No. 05-TMDL/QLTT dated May 7, 1992
of the Ministry of Trade and Tourism)

I. ITEMS PROHIBITED FROM EXPORT

1. Weapons, ammunition, explosives.

2. Antiques and cultural products under state monopoly ownership.

3. Narcotics and toxic chemicals.

4. Round logs and sawn timber harvested from natural forests.

5. Shells processed as raw materials.

6. Rare animals (as listed by the Ministry of Forestry).

II. ITEMS PROHIBITED FROM IMPORT

1. Weapons, ammunition, military uniforms, military supplies, explosives, fireworks.

2. Narcotics and toxic chemicals.

3. Obscene and subversive cultural products.

4. Cigarettes.

III. SPECIFIC REGULATIONS FOR THE FOLLOWING ITEMS
(AS GUIDED BY MINISTRIES OR JOINT MINISTRIES):

Export:

2. Peanuts

2. Cultural products

Import:

1. Passenger cars with less than 12 seats.

2. Two-wheeled motorized vehicles.

3. Raw and auxiliary materials for tobacco production.

4. Electronic parts and accessories in CKD form for domestic assembly and consumption.

5. Various types of radio and television transmitters.

6. Cultural products.

7. Medicines for human treatment and medical equipment.

Note:

1. The Ministry of Culture, Information, and Sports and the Ministry of Trade and Tourism shall issue detailed guidelines regarding antiques and cultural products.

2. The Ministry of Heavy Industry and the Ministry of Trade and Tourism shall issue detailed guidelines regarding toxic chemicals.

3. Items 4 and 5 in the list of prohibited exports shall refer to the Circular guiding the implementation issued by the Joint Ministries of Trade and Tourism - Forestry - Finance - National Planning. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).IN ACCORDANCE WITH THE STATE PLAN.

ANNEX

LIST OF PROTECTED WILD ANIMALS PROHIBITED FROM EXPORT
(Announced by the Ministry of Forestry)

A. CLASS MAMMALIA

Order Flying Lemurs-Dermoptera:

1. Flying Lemur-Galeopithecus.

Order Primates:

2. Pygmy Slow Loris-Nycticebus pygmaeus.

3. Golden Snub-nosed Monkey-Rhinopithecus avunculus.

4. Grey Snub-nosed Monkey-Trachypithecus phayres.

5. Central Black Crested Gibbon-Pygathrix nemaeus.

6. Southern Black Crested Gibbon-Pygathrix nigripes.

7. Black Crested Gibbon-Prebytis francoisi, including five subspecies:

White-cheeked Black Crested Gibbon-Prebytis francoisi francoisi.

White-headed Black Crested Gibbon-Prebytis francoisi poliocephalus.

White-rumped Black Crested Gibbon-Prebytis francoisi delacouri.

Ha Tinh Black Crested Gibbon-Prebytis francoisi hatinhensis.

Northern Black Crested Gibbon-Prebytis francoisi sp.

8. Black Gibbon-Hylobates concolor concolor.

9. White-cheeked Black Gibbon-Hylobates concolor leucogenys.

10. White-handed Gibbon-Hylobates lar.

11. Southern White-cheeked Black Gibbon-Hylobates concolor gabriellae.

Order Rodents-Rodentia:

12. Colored Flying Squirrel-Petaurista lylei.

13. Small Flying Squirrel-Belomys.

14. Black-and-white Flying Squirrel-Hylopetes alius.

15. Eared Flying Squirrel-Belomys pearsoni.

Order Odd-toed Ungulates-Perissodactyla:

16. One-horned Rhinoceros-Rhinoceros sondaicus.

Order Even-toed Ungulates-Artiodactyla:

17. Gaur-Bos gaurus.

18. Serow-Novibos sauveli.

19. Wild Water Buffalo-Bos banteng.

20. Wild Asian Water Buffalo-Bubalus bubalis.

21. Eld's Deer-Cervus eldi.

22. Red Deer-Cervus porcinus.

23. Musk Deer-Moschus moschiferus.

Order Proboscidea:

24. Elephant-Elephas maximus.

Order Carnivores-Carnivora:

25. Tiger-Felis tigris.

26. Leopard-Felis pardus.

27. Clouded Leopard-Neofelis nebulosa.

28. Asiatic Golden Cat-Felis marmorata.

29. Leopard Cat-Felis bengalensis.

30. Bearcat-Arctictis binturong.

31. Striped Civet-Chrotogale owstoni.

32. Golden Palm Civet-Prionodon pardicolor.

33. Malayan Sun Bear-Helarctos malayanus.

34. Yellow-throated Marten-Martes flavigula.

B. CLASS BIRDS-AVES:

35. Peacock-Pavo muticus imperator.

36. Silver Pheasant-Lophura nycthemera.

37. Germain's Peacock Pheasant-Lophura germaini.

38. Reeves's Pheasant-Syrmaticus reevesii.

39. Imperial Pheasant-Lophura imperialis delacouri.

40. Delacour's Pheasant-Lophura diardi delacouri.

41. Bonaparte's Pheasant-Lophura diardi bonaparte.

42. Javanese Peacock Pheasant-Lophura javanica.

43. Red-crowned Crane-Grus antigone.

C. CLASS REPTILES-REPTILIA:

44. Freshwater Crocodile-Crocodylus siamensis.

45. King Cobra-Ophiophagus hannah.

46. Tam Dao Toadfish-Paramesotriton.