Circular No. 10/2016/TT-BCT guiding the implementation of certain Articles of the Border Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic.

CIRCULAR

Guidelines for Implementing Certain Articles of the Border Trade Agreement

between the Government of the Socialist Republic of Vietnam

and the Government of the Lao People's Democratic Republic

________________________

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on the Border Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic dated June 27, 2015 (hereinafter referred to as the Vietnam-Laos Border Trade Agreement);

Considering the proposal of the Director of the Department of Border Trade and Mountainous Areas,

The Minister of Industry and Trade issues this Circular guiding the implementation of certain articles of the Vietnam-Laos Border Trade Agreement.

Article 1. Scope of Regulation

This Circular guides the implementation of certain provisions of the Vietnam-Laos Border Trade Agreement regarding the activities of buying and selling goods by border traders and border residents.

Article 2. Applicability

1. Border traders are Vietnamese traders who register to operate border trade in the border provinces of Vietnam-Laos according to the procedures and formalities stipulated in this Circular to enjoy preferential policies under the Vietnam-Laos Border Trade Agreement.

2. Vietnamese border residents and Lao border district residents.

3. Vietnamese enterprises with investment production, breeding, and cultivation in Lao provinces adjacent to Vietnam.

4. Other organizations and individuals related to Vietnam-Laos border trade activities.

Article 3. Documents and Procedures for Registering Border Traders

The documents and procedures for registering border traders shall be implemented in accordance with the provisions of Article 4 of Circular No. 52/2015/TT-BCT dated December 30, 2015, issued by the Minister of Industry and Trade detailing the activities of purchasing goods across borders by traders pursuant to Decision No. 52/2015/QD-TTg dated October 20, 2015, of the Prime Minister on managing border trade with neighboring countries.

Article 4. Notification of List of Border Traders

The People's Committee of border provinces shall notify the list of border traders in their province to the border provinces of Laos and relevant agencies in Vietnam.

Article 5. Importation of Goods by Border Traders

1.   Goods imported by border traders shall enjoy preferential import tax rates as stipulated in Clause 1 of Article 6 of the Vietnam-Laos Border Trade Agreement when they have a Certificate of Origin (C/O) model S issued by the competent authority of Laos.

2. Border traders importing goods into Vietnam in accordance with Article 7 and Clause 2 of Article 13 of the Vietnam-Laos Border Trade Agreement must submit the following documents when processing import procedures:

a) Confirmation of goods under the project of Vietnamese investors issued by the Department of Industry and Trade of the border province or the Industry and Trade Office of the border district of Laos;

b) Confirmation from the competent authority of Laos regarding health quarantine, animal, plant, aquatic product inspection, quality control, and food safety supervision.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 6. Activities of Buying and Exchanging Goods by Border Residents

1. Border residents as defined in Clause 1 of Article 5 of the Vietnam-Laos Border Trade Agreement may carry out buying and exchanging goods and enjoy tax exemption quotas as prescribed in Decision No. 52/2015/QD-TTg dated October 20, 2015, of the Prime Minister on managing border trade with neighboring countries and Circular No. 54/2015/TT-BCT dated December 30, 2015, of the Minister of Industry and Trade specifying the list of goods for buying and exchanging by border residents.

2. Plants, livestock, and goods produced by residents in Lao border districts shall enjoy the preferential provisions stipulated in Clause 4 of Article 5 of the Vietnam-Laos Border Trade Agreement, and when processing import procedures, they must submit the following documents:

a) Confirmation that the goods were produced by residents in Lao border districts issued by the Department of Industry and Trade of the border province or the Industry and Trade Office of the border district of Laos.

b) Confirmation from the competent authority of Laos regarding health quarantine, animal, plant, aquatic product inspection, quality control, and food safety supervision.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 7. is agencies and organizations registered to participate in the System with one or more roles as follows: LIMITATION carrying out, if currently

1. The Ministry of Industry and Trade (Department of Border Trade and Mountainous Areas - Central Steering Committee for Border Trade Secretariat) shall guide, inspect, supervise, and organize the implementation of this Circular.

2. Departments of Industry and Trade of Vietnam-Laos border provinces shall assist the People's Committees of Vietnam-Laos border provinces in guiding, inspecting, supervising, and organizing the implementation in accordance with this Circular.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 8. eff in force ect htoealth

This Circular takes effect from July 1, 2016./.