Circular No. 09/2016/TT-BQP provides detailed regulations and guidance on implementing certain provisions of Government Decree No. 112/2014/NĐ-CP dated November 21, 2014, concerning land border gate management.

CIRCULAR

Regulations detailing and guiding the implementation of certain provisions of N |||Decision Decision number 112/2014/NĐ-CP November 21, 2014 of Cgovernment stipulating on border gate managementn

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Camendpursuant to the National Border Law on June 17, 2003;

Pursuant to the Law on Entry, Exit, Transit, and Residenceof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsof Foreigners in Vietnam on June 16, 2014;. Pursuant to the Customs Law on June 23, 2014

4/NĐ-CP dated November 21;

Decree No. 112/2014 of the Government stipulating 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;1border gateson company, reason along the land border;internationalPursuant to Decree No. 136/2007

NĐ-CP dated/August 14, 2007 of the Government on exit and entry of Vietnamese citizens and Decree No. 17 94/2015/NĐ-CP dated, October 6, 2015 of the Government amending and supplementing some articles of Decree No.No. 36/2007/NĐ-CP dated August 17, 2007 of the Government on exit and entry of Vietnamese citizens; 13/NĐ-CP dated April 22, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP2013 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense; 1The Minister of National Defense issues this Circular detailing and guiding the implementation of Decision No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on border gate management.

Pursuant to Decree No. 35/201This Circular details and guides the implementation of the following contents:to1. Determination of the nature of border gates along the land border.

Considering the proposal of the Commander of the Border Guard Force;

2. Templates for various types of signs, directional boards, and posted notices at border gates along the land border.No. This Circular guides the functions, tasks, powers and organizational structure of District Health Centers in districts, towns, urban districts, and cities under provinces and cities directly governed by the central government (referred to collectively as District Health Centers).No. 3. Barrier system for control at border gates along the land border.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

4. Layout of inspection and control chains at border gates along the land border in case of disease outbreaks and分流后的第二部分

and traffic diversion for exit and entry inspections.

5. Documents required for persons exiting and entering through border gates and border crossings.

6. Inspection, control, and supervision work of Border Guard units at border gates and border crossings.

7. Principles and procedures for determining the scope of border gate areas.

8. Procedures and formalities for implementing changes in operating hours at border gates along the land border or opening border gates outside regular working hours.

9. Implementation of restrictions or temporary suspension and related sample documents concerning restrictions or temporary suspension of cross-border activities at border gates and border crossings.

1. Vietnamese and foreign organizations and individuals exiting, entering, coming in, going out, residing, and conducting activities within border gate areas and border crossings.

2. Agencies, units, organizations, and individuals responsible for state management and performing tasks at border gates and border crossings.

1. Border Guard procedures at border gates and border crossings are operational processes carried out by border gate guards to examine and resolve matters for persons and means of transport exiting and entering, and regulations regarding documents that persons and means of transport exiting and entering; exported and imported goods must submit and present when exiting and entering through border gates and border crossings.

Article 2. Applicability

2. Citizens of border provinces of Vietnam are Vietnamese citizens with permanent residence registration in a province or equivalent administrative unit of Vietnam where part of the administrative boundary coincides with the national border on land.

3. Citizens of border districts of Vietnam (border residents) are Vietnamese citizens with permanent residence registration in a district or equivalent administrative unit of Vietnam where part of the administrative boundary coincides with the national border on land.

Article 3. Explanation of Terms

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

1. Thủ tục Biên phòng tại cửa khẩu, lối mở biên giới đất liền là quy trình nghiệp vụ do cán bộ Biên phòng cửa khẩu thực hiện để xem xét, giải quyết cho người, phương tiện xuất cảnh, nhập cảnh và các quy định về thủ tục giấy tờ mà người, phương tiện xuất cảnh, nhập cảnh; hàng hóa xuất khẩu, nhập khẩu phải nộp, xuất trình khi xuất, nhập qua cửa khẩu, lối mở biên giới đất liền.

Article 4. Determining the nature of land border gates according to the provisions of Article 4 of Decree No. 112/2014/ND-CP

1. Land border gates can only be officially determined as international border gates, main border gates (bilateral border gates), and auxiliary border gates after the governments of the two countries sharing the border agree to open and upgrade the border gate, and the provincial authorities on both sides coordinate to organize the opening ceremony for the border gate according to the procedures stipulated in Article 20 of Decree No. 112/2014/ND-CP dated November 21, 2014 of the Government on the management of land border gates (hereinafter referred to as Decree No. 112/2014/ND-CP).

2. In addition to the types of international border gates, main border gates (bilateral border gates), and auxiliary border gates officially determined according to the provisions of Clause 1 of this Article, for locations on the border where there are currently activities of people, means of transport, and goods crossing but have not been officially opened according to the procedures stipulated in Clause 2 of Article 20 of Decree No. 112/2014/ND-CP, to ensure management, the temporary determination as border crossing points shall be based on the following conditions:

a) Traditional locations (traditional border crossing points) for the movement of residents of the Vietnamese border area and the neighboring country's border area (hereinafter referred to as border residents of both sides), recognized (by written agreement or tacit recognition) by the provincial authorities of Vietnam and the neighboring country, with no form of obstruction or opposition to the normal crossing of border residents of both sides;

b) Locations formed from international treaties on borders and border gates that the Socialist Republic of Vietnam has signed with the neighboring country, which have not yet been officially agreed upon by the Vietnamese Government and the neighboring country's government but currently have normal crossing activities and neither side has any form of obstruction or opposition to the crossing of border residents of both sides;

c) Locations opened by competent authorities, ensuring infrastructure and management force requirements as prescribed, implementing effective border trade policies, tacitly recognized by the provincial authorities of Vietnam and the neighboring country;

d) In cases where national defense, security, diplomacy, border management and protection, or other legitimate needs and interests require it, the Border Guard Command reports to the Ministry of National Defense to request the Prime Minister to instruct the cessation of crossing activities at the locations specified in Points b and c of this Clause.

3. The import and export of goods (excluding goods of border residents of both sides) through the locations specified in Points a, b, and c of Clause 2 of this Article shall be carried out in accordance with the provisions of Clause 4 of Article 4 of Decree No. 112/2014/ND-CP.

Article 5. Models of signs, directional signs, and notice boards in the border gate area as stipulated in Clause 7 of Article 11 of Decree No. 112/2014/ND-CP

1. The "Border Gate Area" sign shall be placed on the right side of the traffic routes leading from inland to the border, at the boundary between inland and the border gate area, in a place easily visible; the material, size, and writing on the sign shall follow Model No. 1 in Appendix 1 issued together with this Circular.

2. The system of signs, directional signs, and notice boards in the border gate area shall follow the models in Appendices 1 and 2 issued together with this Circular;

Based on the specific circumstances of each border gate, the size of the signs, directional signs, and notice boards in the border gate area may be larger or smaller than the sizes of the models in Appendices 1 and 2 issued together with this Circular, but not more than one-third smaller.

Article 6. The Barrie control system at land border gates as prescribed in Clause 6, Article 11 of Decree No. 112/2014/ND-CP

1. Barrie control number 1 is established in front of the joint gatehouse facing the national border road.

The Border Guard Force deploys personnel to perform the tasks of opening and closing Barries, regulating and guiding people, vehicles, and goods to process at the joint gatehouse, and inspecting and supervising before leaving Vietnamese territory; organizing management and supervision of border traffic activities. Maintaining public security and order, detecting, preventing, apprehending, and handling individuals entering and exiting illegally; smuggling and commercial fraud.

2. Barrie control number 2 is established behind the joint gatehouse, facing inland, at the boundary between the gate area and other areas within the country.

The Border Guard Force deploys personnel to perform the tasks of opening and closing Barries, regulating and guiding people, vehicles, and goods to process at the joint gatehouse; inspecting and supervising people, vehicles, and goods entering and exiting the gate area; organizing management and supervision of border traffic activities. Maintaining public security and order, detecting, preventing, apprehending, and handling individuals entering illegally; smuggling and commercial fraud.

1. When there is a disease outbreak, the Department of Health of the province with the gate or open border crossing shall notify the Provincial Border Guard Command, the Provincial Customs Office, and the Gate Management Board.

Based on the disease notification from the Department of Health, the Provincial Border Guard Command shall take the lead and coordinate with the Department of Health of the province, the Provincial Customs Office, and the Gate Management Board to adjust the inspection chain at the gate.

2. When the disease outbreak ends, the Department of Health of the province shall notify the Provincial Border Guard Command, the Provincial Customs Office, and the Gate Management Board.

Based on the notification from the Department of Health, the Provincial Border Guard Command shall take the lead and coordinate with the Department of Health of the province, the Provincial Customs Office, and the Gate Management Board to adjust the inspection chain at the gate according to Clause 1, Article 14 of Decree No. 112/2014/ND-CP.

Article 8. Documents for persons exiting and entering through gates and open border crossings as prescribed in Article 8 of Decree No. 112/2014/ND-CP

1. Vietnamese citizens

- Diplomatic passport; Official passport; Ordinary passport (collectively referred to as passport);

- Seaman's book; Border pass; Entry-exit pass; Border region entry-exit pass; Repatriation pass; Pass; Identity card; Citizen Identification Card (for residents on the Vietnam-Laos and Vietnam-Cambodia border lines);

- Other documents in accordance with Vietnamese laws or international treaties to which the Socialist Republic of Vietnam is a party that are suitable for exiting and entering.

- Border pass; Entry-exit pass; Border region entry-exit pass; Repatriation pass; Pass; Identity card; Citizen Identification Card (for residents on the Laos and Cambodia border lines);

- Other documents in accordance with Vietnamese laws or international treaties to which the Socialist Republic of Vietnam is a party that are suitable for exiting and entering.

c) Residents on the Vietnam-Laos and Vietnam-Cambodia border lines exiting and entering through open border crossings may use appropriate documents in accordance with Vietnamese laws or international treaties to which the Socialist Republic of Vietnam is a party.

2. Foreign nationals

a) Third-country nationals entering and exiting through international gates must have a valid passport or travel document issued by competent authorities in Vietnam (except where visa exemptions apply under international treaties to which the Socialist Republic of Vietnam is a party or unilaterally granted by Vietnam to citizens of that country or otherwise provided for by Vietnamese laws on visa exemptions).

- Documents specified in Point a, this Clause;

- Border pass; Identity card (for Laos and Cambodian border residents); Border certificate (for Laos border residents);

- Other exit-entry documents in accordance with Vietnamese laws or international treaties signed by Vietnam with neighboring countries.

- Border pass; Border region entry-exit pass (for the Vietnam-China border line); Identity card (for Laos and Cambodian border residents); Border certificate (for Laos border residents);

- Other exit-entry documents in accordance with Vietnamese laws or international treaties signed by Vietnam with neighboring countries.

d) Neighboring country citizens exiting and entering through open border crossings may use appropriate documents in accordance with Vietnamese laws or international treaties signed by Vietnam with neighboring countries.

3. The Border Guard General Command shall unify with the competent agencies of the Ministry of Public Security regarding documents for passing through open border crossings to implement border trade policies as prescribed in Clause 4, Article 4 of Decree No. 112/2014/ND-CP.

Chapter II

BORDER GUARD INSPECTION, CONTROL, AND SUPERVISION AT GATES AND OPEN BORDER CROSSINGS ON LAND BORDERS BORDER GUARD INSPECTION, CONTROL, AND SUPERVISION AT GATES AND OPEN BORDER CROSSINGS ON LAND BORDERS

Article 9. Responsibilities for leading, coordinating inspection, control, and border surveillance at border gates and land border crossings as stipulated in Clause 1, Article 6 and Clause 5, Article 13 of Decree No. 112/2014/ND-CP.

1. Locations for inspection, control, and border surveillance: As prescribed in Clauses 1, 2, 3, 4, and 5, Article 11 of Decree No. 112/2014/ND-CP and areas around national boundary markers, areas with boundary marking points (objects), and regions related to national security and defense operations within border gates.

2. Subjects for inspection, control, and border surveillance

a) Persons, means of transportation exiting, entering, moving in and out, operating, and residing within the border gate area as prescribed in Article 13 of Decree No. 112/2014/ND-CP;

b) Goods being exported, imported, and stored in warehouses within the border gate area and border regions.

3. Tasks for inspection, control, and border surveillance

a) Processing procedures for persons and means of transportation exiting and entering; coordinating inspections and supervision of exported and imported goods;

b) Maintaining, managing, guiding persons, means of transportation, goods, luggage, and other activities within the border gate area according to Decree No. 112/2014/ND-CP and relevant laws;

c) Ensuring security and order in the border gate area, preventing, detecting, and handling persons, means of transportation, and goods exiting and entering illegally through border gates and other violations of the law;

d) Detecting, preventing, and handling acts violating national border sovereignty and security, encroaching on national boundary markers, altering boundary marking signs, and damaging border gate area facilities and sign systems;

đ) Coordinating to detect, prevent, and handle smuggling and commercial fraud activities in cargo storage areas awaiting export and import; transit cargo storage areas;

e) Handling violations concerning exit, entry, export, import, and other violations according to the law.

Article 10. Responsibilities for leading inspection, control, supervision, guidance, and processing procedures for persons exiting and entering, moving in and out, operating, and residing within the border gate area and land border crossing points.

1. At the area where exit and entry procedures are carried out at international border gates and main border gates (bilateral border gates), the Border Guard deploys separate inspection stations for each type of passport or travel document. Based on the volume of exits and entries, multiple inspection stations may be arranged (stations for VIPs or diplomatic and official passports; stations for ordinary passports; stations for tourist passports; stations for travel permits; stations for processing means of transportation), ensuring smooth border traffic flow.

2. Inspection, control, and processing procedures for persons exiting and entering

a) Guiding persons exiting and entering to the appropriate exit and entry procedure stations;

b) Receiving passports or travel documents valid for exit and entry;

c) Checking the validity of passports or travel documents valid for exit and entry;

d) Verifying the consistency between passports or travel documents valid for exit and entry and the persons exiting and entering;

đ) Registering information of persons exiting and entering;

e) Comparing with business management data; storing information of persons exiting and entering;

g) Verifying and issuing permits for persons exiting and entering:

- Verifying exit and entry in passports or travel documents valid for exit and entry;

- Issuing visas for foreigners entering at international border gates as prescribed in Article 18 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam;

- Issuing temporary residence certificates for foreigners entering as prescribed in Article 31 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam.

h) Guiding and supervising persons who have completed their exit and entry procedures.

3. Guidance, inspection, and supervision of persons moving in and out, operating, and temporarily residing within the border gate area

a) Guiding, inspecting, and supervising persons moving in and out and operating within the border gate area as prescribed in Clause 1, Article 13 of Decree No. 112/2014/ND-CP;

b) Guiding and supervising persons exiting and entering to complete their exit and entry procedures;

c) Registering and guiding persons temporarily residing within the border gate area as prescribed in Clause 2, Article 13 of Decree No. 112/2014/ND-CP;

d) Inspecting, controlling, and supervising organizations and individuals engaged in commercial services within the border gate area as prescribed in Clause 3, Article 13 of Decree No. 112/2014/ND-CP.

Article 11. Responsibilities for leading the inspection, supervision, monitoring, and guidance of vehicles exiting, entering, moving within, operating, and residing in border gate areas and land border crossings as stipulated in Point b Clause 1 Article 6 and Clause 5 Article 13 of Decree No. 112/2014/ND-CP.

1. Inspection, supervision, and monitoring of vehicles exiting and entering.

a) Preliminary inspection and control of vehicles to ensure security and safety conditions for exit and entry procedures.

In case of discovering signs of violation, conduct separate and strict inspections as prescribed.

b) Inspection of documents of vehicle drivers and vehicles exiting and entering according to Clauses 2 and 3 of Article 9 of Decree No. 112/2014/ND-CP:

- Verify the validity of the documents of vehicle drivers and vehicles.

- Confirm the consistency and suitability between documents and vehicle drivers and vehicles.

e) Register information on vehicle drivers and vehicles; compare with management data; store information as prescribed.

d) Process entry and exit procedures for vehicle drivers and vehicles according to regulations.

2. Guidance, inspection, supervision, and monitoring of vehicles moving within, operating, and residing in border gate areas and land border crossings.

a) Inspection and control of vehicles entering and leaving border gate areas in accordance with the objects specified in Clause 4 of Article 13 of Decree No. 112/2014/ND-CP.

b) Guide, regulate, and monitor vehicles moving within, operating, and residing in border gate areas to ensure public order and safety, smooth traffic flow at the border gate.

c) Register residence of vehicles in border gate areas according to Point d Clause 4 of Article 13 of Decree No. 112/2014/ND-CP.

Article 12. Responsibilities for coordinating inspection and supervision of goods exiting and entering through border gates and land border crossings as stipulated in Point c Clause 1 Article 6 of Decree No. 112/2014/ND-CP.

1. The Border Guard at the border gate shall coordinate with functional forces to inspect and supervise the import and export of goods to ensure national security, public order, and social safety; detect and handle smuggling and commercial fraud; guide and supervise transportation, loading, unloading, and transshipment activities to ensure public order and social safety in the border gate area.

2. The work of inspecting and supervising exported and imported goods by the Border Guard at the border gate.

To ensure that goods have completed import and export procedures before being transported out of the border gate area, the Border Guard at the border gate shall inspect relevant documents related to the consignor, enterprise, and imported and exported goods according to the law.

- Inspect and verify the consistency between actual goods and documentation; focus on detecting signs related to national security, public order, and social safety, smuggling, and commercial fraud, and handling violations in the field of import and export;

- Goods falling under the provisions of Clause 1 of Article 33 of the Customs Law are exempt from actual inspection of goods (except in cases where there are signs of violation of the law).

c) Coordinate to guide and supervise the process of transporting, loading, and unloading goods to ensure public order in the border gate area;

d) After ensuring security and completing the required procedures for inspected exported and imported goods, process exit and entry procedures for persons and vehicles transporting goods;

đ) Store information on exported and imported goods as prescribed, serving the purpose of compiling, searching, and handling when necessary.

3. The inspection of goods shall not affect the legitimate import and export activities of organizations and individuals; nor shall it hinder the performance of tasks by related state agencies.

4. At border gates and land border crossings without Customs presence, the Border Guard shall inspect and supervise the purchase and exchange of goods by border residents according to Clause 2 of Article 51 of the Customs Law and the Prime Minister's regulations on managing cross-border trade with neighboring countries.

5. The Border Guard at the border gate may apply investigative measures as prescribed by law to detect, prevent, combat, and coordinate in handling smuggling and commercial fraud activities in import and export operations.

Article 13. The responsibility for inspection, control, and supervision of border defense at open border crossings to implement the border trade policy as stipulated in Clause 4, Article 4 of Decree No. 112/2014/ND-CP.

1. Means of transport and goods that carry out border procedures at international border gates, main border gates (bilateral border gates), and auxiliary border gates shall comply with the provisions of Articles 9, 10, 11, and 12 of this Circular.

In cases where border procedures are carried out at other locations as specified by the Commander of the Border Guard Force.

2. At the location of actual export and import of goods, the Border Guard Force shall cooperate with competent agencies to inspect and supervise the process of actual export and import to ensure compliance with the law.

Article 14. Responsibilities for handling violations at border gates and open border crossings.

1. The Department of Border Gates is the leading agency responsible for directing the handling of violations according to its functions and authorities as prescribed and advising the Border Guard Command on directing the handling of violations related to exit, entry, export, and import at border gates and open border crossings.

2. During the implementation of tasks as prescribed in Articles 9, 10, 11, 12, and 13 of this Circular, when discovering violations related to immigration, customs, and other illegal acts at border gates and open border crossings, the Head of the Border Gate Border Guard Station has the responsibility to handle such violations within their authority and to coordinate with relevant forces to advise the Border Guard Post Commander to proceed with the legal procedures for handling violations.

Chapter III

DETERMINATION OF THE SCOPE OF BORDER GATES, CHANGE IN WORKING HOURS, LIMITATIONS TEMPORARILY SUSPENDING CROSS-BORDER ACTIVITIES AT BORDER GATES AND OPEN BORDER CROSSINGS

Article 15. Principles and procedures for determining the scope of border gate areas as stipulated in Clause 4, Article 3 and Article 12 of Decree No. 112/2014/ND-CP.

1. Principles for determining the scope of border gate areas and open border crossings.

a) Consistent with the nature and type of border gate areas, ensuring the spatial planning of construction projects within the border gate area as prescribed in Article 11 of Decree No. 112/2014/ND-CP;

b) Meeting requirements for national defense, security, diplomacy; facilitating state management and activities of exit, entry, export, and import; consistent with long-term planning for border gate construction and development;

c) Consistent with the provisions of international treaties on borders and border gates to which the Socialist Republic of Vietnam is a party.

2. Procedures for determining the scope of international border gates and main border gates (bilateral border gates).

c) On the basis of the unified opinions of the ministries specified in Point b of this Clause, the provincial People's Committee shall report to the Government for decision;

d) In case there are differing opinions among the ministries specified in Point b of this Clause, the provincial People's Committee shall organize an inter-ministerial team comprising representatives of the ministries specified in Point b of this Clause to conduct surveys and determine the scope of international border gates and main border gates (bilateral border gates); based on the survey results, the provincial People's Committee shall report to the Government for decision.

3. Procedures for determining the scope of auxiliary border gates and open border crossings.

4. In cases of changes to the scope of border gate areas and open border crossings, the procedures shall be implemented as prescribed in Clauses 2 and 3 of this Article.

Article 16. Procedures and formalities for changing working hours at border gates and border crossings; opening border gates and border crossings outside the working hours specified in Article 16 of Decree No. 112/2014/NĐ-CP

1. Changing working hours at international border gates and main border gates (bilateral border gates)

a) The People's Committee of the province with international border gates and main border gates (bilateral border gates) shall exchange and reach agreement with the provincial-level authority of the neighboring country on the change of working hours at the border gate;

b) Based on the results of reaching agreement with the provincial-level authority of the neighboring country, the People's Committee of the province shall report to the Government through the Ministry of National Defense (Border Guard Command);

d) The Ministry of National Defense shall compile the opinions of the ministries stipulated in Point c Clause of this Article and report to the Government for decision;

đ) After the Government's decision, the Ministry of National Defense shall notify the Ministry of Foreign Affairs to reach agreement with the neighboring country;

e) Based on the agreement of the neighboring country, the Ministry of National Defense shall notify relevant ministries, sectors, and the People's Committee of the province to reach agreement with the provincial-level authority of the neighboring country to implement;

a) The People's Committee of the province with sub-border gates and land border crossings shall exchange and reach agreement with the provincial-level authority of the neighboring country on the change of working hours at sub-border gates and land border crossings;

b) After reaching agreement with the provincial-level authority of the neighboring country, the People's Committee of the province shall seek opinions from the Ministries of National Defense and Finance regarding the change of working hours at sub-border gates and land border crossings;

c) Based on the agreement of the Ministries of National Defense and Finance, the People's Committee of the province shall direct the provincial departments and agencies: Border Guard Command, Customs Department, Health Department, Department of Agriculture and Rural Development, Port Management Board, and the People's Committee of the district with sub-border gates and land border crossings to implement;

a) The Commander of the Border Guard Command of the province shall reach agreement with the competent authority of the neighboring country on opening border gates and land border crossings outside working hours; promptly report to the People's Committee of the province and the Border Guard Command;

b) After reaching agreement with the competent authority of the neighboring country, the Commander of the Border Guard Command of the province shall instruct the Border Gate Station Commander to implement the opening of border gates and land border crossings outside working hours;

Depending on the situation and nature of the incident, the Border Gate Station Commander shall notify specialized state management agencies at the border gate and land border crossing to coordinate in implementation.

c) When the situation returns to normal, the Commander of the Border Guard Command of the province shall promptly report to the People's Committee of the province and the Border Guard Command; simultaneously notify the competent authority of the neighboring country and instruct the Border Gate Station Commander to coordinate with specialized state management agencies at the border gate and land border crossing and the opposite port management agency to maintain working hours at the border gate and land border crossing according to regulations;

1. Based on reasons for restriction or temporary suspension within their areas of responsibility, the Ministers of National Defense, Public Security, Health, Agriculture and Rural Development (hereinafter referred to collectively as the competent ministries) shall report and propose the Prime Minister to decide on restricting or temporarily suspending cross-border activities at international border gates; the report shall clearly state the reasons, start time, and end time for restricting or temporarily suspending cross-border activities at international border gates.

a) Upon implementation of the Prime Minister's decision, the Ministry of Foreign Affairs shall notify and exchange information through diplomatic channels with neighboring countries; the competent ministry shall inform relevant ministries, sectors, and provincial People's Committees with international border gates to implement and widely publicize such measures through mass media.

b) When the period of restriction or temporary suspension ends according to the Prime Minister's decision, the competent ministry shall coordinate with relevant ministries, sectors, and provincial People's Committees with international border gates to maintain normal operations at the border gate.

2. Based on reasons for restriction or temporary suspension, the Commander of the Border Guard Provincial Command shall report and propose the Chairman of the Provincial People's Committee to decide on restricting or temporarily suspending cross-border activities at main border gates (bilateral border gates) as prescribed in Clause 2 of Article 17 of Decree No. 112/2014/ND-CP; the report and proposal shall clearly state the reasons, start time, and end time for restricting or temporarily suspending cross-border activities at main border gates (bilateral border gates).

a) Upon implementation of the Chairman of the Provincial People's Committee's decision, the Commander of the Border Guard Provincial Command shall take the lead in coordinating with relevant provincial departments to direct the implementation.

b) When the period of restriction or temporary suspension ends according to the Chairman of the Provincial People's Committee's decision, the Border Guard Provincial Command shall take the lead in coordinating with relevant provincial departments to maintain normal operations at the border gate.

3. Based on reasons for restriction or temporary suspension, considering actual circumstances or upon the proposal of the Border Gate Commander, the Commander of the Border Guard Provincial Command shall decide on restricting or temporarily suspending cross-border activities at main border gates (bilateral border gates), secondary border gates, and land border crossings as prescribed in Clause 3 of Article 17 of Decree No. 112/2014/ND-CP.

When the period of restriction or temporary suspension ends, the Commander of the Border Guard Provincial Command shall take the lead in coordinating with relevant provincial departments to maintain normal operations at main border gates (bilateral border gates), secondary border gates, and land border crossings.

4. Based on reasons for restriction or temporary suspension, considering actual circumstances, the Border Gate Commander shall decide on restricting or temporarily suspending cross-border activities at secondary border gates and land border crossings as prescribed in Clause 4 of Article 17 of Decree No. 112/2014/ND-CP.

When the period of restriction or temporary suspension ends, the Border Gate Commander shall take the lead in coordinating with relevant agencies to maintain normal operations at secondary border gates and land border crossings.

5. The extension of the period of restriction or temporary suspension of cross-border activities at main border gates (bilateral border gates), secondary border gates, and land border crossings decided by the Chairman of the Provincial People's Committee, the Commander of the Border Guard Provincial Command, and the Border Gate Commander shall be implemented in accordance with the provisions of Clauses 2, 3, and 4 of this Article.

6. In case of absence, the Chairman of the Provincial People's Committee, the Commander of the Border Guard Provincial Command, and the Border Gate Commander may delegate their deputies to exercise the authority to decide on restricting or temporarily suspending, and extending the period of restriction or temporary suspension of cross-border activities at main border gates (bilateral border gates), secondary border gates, and land border crossings as prescribed.

7. When deciding on restricting or temporarily suspending, and extending the period of restriction or temporary suspension of cross-border activities at main border gates (bilateral border gates), secondary border gates, and land border crossings, the person authorized as prescribed in Clause 6 of this Article must report and notify in accordance with the provisions of Article 17 of Decree No. 112/2014/ND-CP.

8. The decisions on restricting or temporarily suspending, and extending the period of restriction or temporary suspension of cross-border activities at main border gates (bilateral border gates), secondary border gates, and land border crossings made by the person authorized as prescribed in Clause 6 of this Article shall be implemented in accordance with the form prescribed in Appendix 3 attached hereto.

Chapter IV

RESPONSIBILITIES FOR BUILDING AND MANAGING BORDER GATES, LAND BORDER CROSSINGS

Article 18. Border Guard Command

1. Take the lead in advising the Ministry of National Defense on the implementation of state management contents at border gates as stipulated in Article 6 and Article 21 of Decree No. 112/2014/ND-CP.

2. Direct the Border Gate Administration to take the lead and coordinate with relevant agencies:

a) Advise the Ministry of National Defense on the implementation of contents related to management, opening, upgrading border gates, border crossings, and planning, developing the system of border gates and border crossings within the responsibility of the Ministry of National Defense as stipulated in Decree No. 112/2014/ND-CP;

b) Advise the Ministry of National Defense on policies and guidelines for managing activities of entry and exit of persons, means of transport, and goods at land border gates and border crossings within the functions and tasks of the Ministry of National Defense;

c) Direct, inspect, and guide professional management, inspection, control, and supervision of entry and exit, import and export, protection of territorial sovereignty, national security, and social order and safety at land border gates and border crossings;

d) Guide the implementation of border defense foreign affairs work related to entry and exit, import and export activities within the responsibility of the Ministry of National Defense;

đ) Study and apply measures to simplify inspection, control procedures, and issuance of various types of documents according to regulations, facilitating activities of entry and exit through land border gates and border crossings.

a) Take the lead and coordinate with relevant local agencies to advise the Provincial People's Committee on implementing the contents prescribed in Article 21 of this Circular;

b) Direct the Border Guard units at border gates to take the lead and coordinate with specialized state management agencies and relevant agencies at border gates:

- Organize management, protect national border sovereignty, prevent crime, maintain political security and social order and safety in the border gate area and land border crossings;

- Implement border procedures and conduct inspections, controls, and supervision of the activities of exiting and entering of persons and means of transport;

- Conduct procedures, inspections, controls, and supervision of organizations, individuals, and means of transport of Vietnam and foreign countries entering and operating in the border gate area as stipulated in Article 13 of Decree No. 112/2014/ND-CP;

- Carry out military diplomacy and border defense foreign affairs work related to entry and exit, import and export;

- Coordinate with functional forces to inspect and supervise goods and items being exported and imported through border gates and land border crossings, ensuring the security of exported and imported goods, temporary import for re-export, temporary export for re-import, preventing smuggling and commercial fraud.

4. Develop procedures and regulations for border inspection, control, and supervision of persons, means of transport, and goods exiting and entering through border gates and land border crossings.

Coordinate and guide the Border Guard Command to ensure budget plans for implementing projects and proposals for purchasing equipment and supplies for border guard management and control activities as stipulated in Decree No. 112/2014/ND-CP and this Circular.

Shall coordinate and guide the Border Guard Command to utilize the state budget for implementing projects and programs to purchase equipment and materials to serve border management and control activities of the Border Guard as prescribed in Decree No. 112/2014/ND-CP and this Circular.

2. Direct the Border Guard Provincial Command to take the lead and coordinate with relevant departments and People's Committees of districts with border gates and border passages:

a) Review the system of border gates and border passages within the province, determine their names, classify them as international border gates, main border gates, sub-border gates, and land border passages; complete procedures and implement the process of officially opening and upgrading sub-border gates and land border passages according to the provisions of Decree No. 112/2014/ND-CP;

b) Review and survey to determine the scope of border gates and border passages; report to the provincial People's Committee for approval of the scope of sub-border gates and land border passages; complete procedures and report to the Government for approval of the scope of international border gates and main border gates;

c) Install signs indicating the area of border gates and border passages and establish a Barrie control system at border gates and border passages in accordance with the provisions of this Circular.

4. Annually ensure the state budget for surveys to open and upgrade border gates, determine the scope, plan areas of border gates, build infrastructure at border gates, traffic connection systems, signboards, and directional signs for specific areas of border gate zones, and administrative management activities as stipulated in Article 24 of Decree No. 140/2004/ND-CP dated June 25, 2004 of the Government detailing certain provisions of the National Border Law.

Chapter V

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Circular shall take effect from March 19, 2016.

2. This Circular replaces Circular No. 181/2005/TT-BQP dated November 17, 2005 of the Minister of Defense guiding the implementation of Decree No. 32/2005/ND-CP dated March 14, 2005 of the Government on the Regulations on Land Border Gates and abolishes Article 1 of Circular No. 90/2011/TT-BQP dated June 30, 2011 of the Minister of Defense amending and supplementing Circular No. 181/2005/TT-BQP dated November 17, 2005 of the Minister of Defense guiding the implementation of Decree No. 32/2005/ND-CP dated March 14, 2005 of the Government on the Regulations on Land Border Gates and Circular No. 05/2010/TT-BQP dated January 18, 2010 of the Minister of Defense guiding the implementation of Decree No. 50/2008/ND-CP dated April 21, 2008 of the Government on the management and protection of security and public order at sea ports.

1. The Border Guard Provincial Command shall take the lead and coordinate with the Provincial Department of Justice and relevant sectors to advise the provincial People's Committee to organize dissemination, promotion, and implementation of the contents of Decree No. 112/2014/ND-CP and this Circular to all levels, sectors in the locality, and the people to implement uniformly.

3. The Border Guard Command has the responsibility to monitor, urge, and inspect the implementation of Decree No. 112/2014/ND-CP and this Circular; annually conduct mid-term reviews and report the results of implementation to the Ministry of Defense.

4. Ministries, ministerial-level agencies, government agencies, provincial People's Committees under the central government, agencies, units, organizations, and individuals related have the responsibility to implement this Circular./.