Decree No. 112/2014/ND-CP on management of land border gates

DECREE

Article 24Regarding the management of land border gatesn

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on National Border dated June 17, 2003;

At the proposal of the Minister of National Defense,

The Government issues this Decree on the management of land border gates.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates:

1. Inspection, control, and supervision activities of specialized state management agencies at gates and border crossings.

2. Exit and entry for persons; exit, entry, transit, temporary import for re-export, temporary export for re-import for means of transport (hereinafter referred to as exit and entry); export, import, temporary import for re-export, temporary export for re-import, transit, transshipment for goods and items (hereinafter referred to as export and import) through gates and border crossings.

3. Gate area; entering, exiting, residing, temporarily residing, and operating within the gate area; conditions, authority, time limits, or suspension of cross-border activities at gates and border crossings.

4. Opening, upgrading, planning, constructing, and developing the system of land border gates.

5. Responsibilities of state management agencies in gate management work.

Article 2. Applicability

1. Organizations and individuals from Vietnam and foreign countries exporting and importing through gates; entering, exiting, residing, and operating within the gate area and border crossings.

2. Specialized state management agencies and related state management agencies for activities of exporting and importing through gates and border crossings.

3. State management agencies with authority to open, upgrade, limit, suspend cross-border activities at gates and border crossings and to plan, construct, and develop the system of land border gates.

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

1. National gate is the national gateway, constructed at gates, reflecting Vietnamese cultural characteristics, expressing national independence, and serving as a symbol of friendship and solidarity with neighboring countries.

4. The gate border area (hereinafter referred to as the gate area) is an area defined where part of its administrative boundary coincides with the national border on land, including functional zones to ensure state management activities and service, trade activities at gates.

5. Specialized state management agencies at gates are agencies performing functions and tasks of processing procedures, inspection, control, and supervision of persons, means of transport, goods, and items exiting and entering through gates; including Border Guard; Customs; Quarantine (health, animals, plants).

6. Neighboring country is a country sharing a land border with the Socialist Republic of Vietnam, including the People's Republic of China, the Lao People's Democratic Republic, and the Kingdom of Cambodia.

7. Border residents on both sides are Vietnamese citizens and citizens of neighboring countries registered as permanent residents in communes, wards, towns (or equivalent administrative areas) where part of their administrative boundaries coincide with the national border on land.

8. Goods of border residents are goods produced in the Socialist Republic of Vietnam or neighboring countries purchased, sold, or exchanged by border residents in the border areas on both sides to meet their living and production needs.

9. Items are material products exported or imported through border gates without commercial purposes, including:

a) Medical items are corpses, remains, ashes, biological products, medical microbiological samples, tissues, body parts;

b) Cultural and artistic items, containers containing cultural and artistic content;

c) Metal, gemstones, jewelry items;

d) Mineral, animal, plant specimens for research, collection, and exhibition activities;

đ) Items belonging to passenger luggage and personal effects exiting and entering through border gates;

e) Other material products are items as prescribed by relevant legal documents.

10. Cross-border procedures are administrative procedures carried out by specialized state management agencies at gates for persons, means of transport, goods, and items exiting and entering the border, including: Border Guard procedures, Customs procedures, Quarantine procedures, and other related procedures as prescribed by international treaties to which the Socialist Republic of Vietnam is a member.

Based on the scope of objects for export and import, land border gates are divided into international border gates, main border gates (bilateral border gates), auxiliary border gates, and border crossing points (hereinafter referred to collectively as border gates).

1. International border gates are opened for Vietnamese and foreign individuals and means of transport to exit and enter; for exported and imported goods and items.

2. Main border gates (bilateral border gates) are opened for Vietnamese and neighboring country individuals and means of transport to exit and enter; for exported and imported goods and items.

3. Auxiliary border gates are opened for Vietnamese and neighboring country individuals and means of transport from border provinces on both sides to exit and enter; for exported and imported goods and items.

4. Border crossing points (border market passage routes, paired border markets; border cargo clearance points; temporary passage routes) are opened for residents of both sides of the border, their means of transport, and goods for mutual passage and other cases to implement border trade policies according to the regulations of the Prime Minister; or may be opened in cases of force majeure or special requirements of both sides of the border.

Article 5. Principles of Exit and Entry through Border Gates

1. Individuals, means of transport, goods, and items exiting and entering through border gates must have complete valid documents, comply with the principles and procedures stipulated in the regulations on exit and entry, export and import, and other laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a member; and be subject to management, inspection, supervision, and monitoring by specialized state management agencies at the border gate.

2. Individuals, means of transport, and goods that do not belong to border residents passing through border crossing points to implement border trade policies according to the regulations of the Prime Minister shall comply with such policies.

3. Activities of exit and entry across the border for Vietnamese and foreign individuals, means of transport, and goods shall only be carried out at border gates and border crossing points as specified in Article 4 of this Decree.

a) Advise the Ministry of National Defense on the implementation of state management responsibilities for border gates under the purview of the Ministry of National Defense;

b) Take the lead and coordinate with other specialized state management agencies at the border gate to carry out border control procedures and work on inspecting, supervising, and monitoring the exit and entry activities of individuals and means of transport; border management and protection of national sovereignty; crime prevention, maintaining political security, and social order and safety; conduct military diplomacy and border defense diplomacy;

c) Coordinate in inspecting and supervising goods and items exiting and entering through border gates; ensure the security of exported and imported goods; prevent smuggling and commercial fraud;

d) Carry out issuance, amendment, supplementation, revocation of visas, and issuance of temporary residence certificates in accordance with the law.

3. The quarantine agency (health, animal, plant) shall take the lead and coordinate with other specialized state management agencies at the border gate to resolve issues related to quarantine activities and disease prevention at border gates.

Article 7. Prohibited Acts in Border Gate Areas

1. Using counterfeit passports, false documents, passports, or documents that contravene Vietnamese laws; organizing, guiding, transporting people to exit or enter the country illegally.

2. Propagandizing, inciting, or engaging in acts that disrupt national security, cause disturbances, disrupt public order, create traffic jams hindering lawful activities at border gates; failing to comply with or obstructing inspections and controls conducted by specialized state management agencies at border gates; illegally possessing, buying, selling, or transporting classified documents, items containing military secrets, state secrets, harmful books, and cultural products.

3. Picking up, dropping off people, loading, unloading goods in unauthorized areas, entering restricted zones.

4. Causing public sanitation issues, environmental pollution, and other actions that negatively impact the appearance of border gate areas.

5. Other activities that contravene Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter II

REGULATIONS ON CROSSING THE BORDER GATE,BORDER GATE AREA,

MANAGEMENT OF ACTIVITIES IN THE BORDER GATE AREA

Article 8. Persons Exiting and Entering the Country

1. Vietnamese Citizens:

b) Vietnamese citizens residing in border areas or border provinces who cross into adjacent border areas or provinces of neighboring countries must have a border pass or valid travel document as stipulated by international treaties to which the Socialist Republic of Vietnam is a party.

2. Foreign Nationals:

b) Citizens of neighboring countries residing in border areas or border provinces who cross into Vietnamese border areas or provinces must have a border pass or valid travel document as stipulated by international treaties to which the Socialist Republic of Vietnam is a party.

Article 9. Means of Transport for Exit and Entry

a) Vehicle registration certificate;

b) International transit permit, transportation permit;

c) Passenger transport permit (for passenger-carrying vehicles);

d) Cargo documentation (for cargo-carrying vehicles);

đ) Safety and technical inspection certificate and environmental protection certificate;

e) Civil liability insurance policy for the vehicle owner;

g) Other documents as prescribed by Vietnamese laws or international treaties to which the Socialist Republic of Vietnam is a party.

3. The driver and passengers on means of transport exiting or entering must have the following documents:

a) Documents specified in Article 8 of this Decree;

b) Vehicle driving permit (for drivers);

Article 10. Exported and Imported Goods and Articles

Exported and imported goods and articles, temporarily imported for re-export, temporarily exported for re-import, transshipment, and transit through border gates must have complete valid documents, comply with the principles and procedures stipulated by Vietnamese laws on export and import and international treaties to which the Socialist Republic of Vietnam is a member, and be subject to inspection, supervision, and control by specialized state management agencies at the gate.

Article 11. Border Gate Area

1. National Gate.

2. Area for implementing procedures, inspections, controls, and supervision of export and import activities by specialized state management agencies at the border gate.

a) The Barrie Control System: To maintain security and order while regulating the movement of people, means of transport, and goods across the border gate;

b) Joint Inspection House, designated for the operational activities of specialized state management agencies, including: waiting area for procedures; area for export and import procedures; foreign affairs room; violation handling room; command and control room of specialized state management agencies; equipment and technical means arrangement area; meeting and reception room;

d) Area for procedures, inspection, and supervision of means of transport and goods for export and import;

đ) Warehousing and stacking areas for goods awaiting export and import; intermediate transfer warehouses;

e) Passenger pick-up and drop-off area (for railway border gates);

g) Wharf and anchorage area for watercraft awaiting departure, entry, and transit procedures (for inland waterway border gates);

3. Working area for related state agencies.

a) Office of the Border Gate Management Board;

b) Offices of Transport, Banking, Treasury, and other related agencies;

4. Area for service and trade activities.

a) Duty-free shops; retail stores, supermarkets, and commercial centers;

b) Postal services;

c) Tourism services;

d) Parking and docking areas;

đ) Duty-free zone (if applicable);

e) Other service and trade areas;

5. Prohibited area and other areas (if applicable);

6. The Ministry of National Defense establishes the Barrie Control System and technical facilities to define the boundaries between the border gate area and other areas, and maintains political security and social order within the border gate area.

7. The border gate area is marked with signs reading "Border Gate Area" and a unified system of directional signs and notice boards as prescribed by the Ministry of National Defense.

8. The area for inspection, control, and supervision procedures at the border gate is established for specialized state management agencies to carry out inspection, control, and supervision procedures according to their functions and tasks as prescribed.

9. Within the border gate area, specialized state management agencies may arrange facilities and equip technical means to perform inspection, control, and supervision procedures as stipulated by law.

1. The People's Committee of the province shall take the lead and coordinate with the Ministries of National Defense, Public Security, Foreign Affairs, Finance, Industry and Trade to determine the scope of international border gates and main border gates (bilateral border gates) and report to the Government for decision.

2. The Border Guard Command of the province shall take the lead and coordinate with provincial departments, including the Military Command, Public Security, Foreign Affairs, Industry and Trade, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transportation, and the People's Committee of the district having sub-border gates and border openings to determine the scope of sub-border gates and border openings and propose the Chairman of the Provincial People's Committee to decide.

Article 13. Activities in the border gate area

1. Persons permitted to enter and exit the border gate area:

a) Departing and arriving passengers;

b) Officials, soldiers, staff, civil servants of specialized state management agencies and related state agencies with offices or workplaces within the border gate area;

c) Staff of agencies, organizations, and individuals engaged in service and trade activities within the border gate area;

d) Drivers and workers on vehicles transporting goods and passengers for export, import, departure, and arrival;

đ) Owners of goods, traders of exported and imported goods entering and exiting the border gate area to complete export and import procedures;

e) Persons coming to work with specialized state management agencies and related agencies with offices or workplaces within the border gate area;

g) Persons coming for medical examination and treatment (in cases where there is a healthcare area within the border gate area);

h) In addition to the cases specified in Points a, b, c, d, đ, e, and g of this Clause, persons entering and exiting the border gate area for sightseeing, welcoming and seeing off, or other purposes must be permitted and subject to inspection, control, supervision, and guidance by the Border Guard Post at the border gate.

2. Persons permitted to temporarily reside in the border gate area:

a) Officials, soldiers, staff, civil servants of specialized state management agencies and related agencies with offices or workplaces within the border gate area;

b) Staff of agencies, organizations, and individuals engaged in service and trade activities within the border gate area;

c) Vietnamese and foreign nationals remaining in the border gate area due to incomplete exit or entry procedures for persons, vehicles, or goods, or those remaining for other lawful reasons, must register temporary residence and be subject to management, inspection, and supervision by the Border Guard Station at the border gate.

3. Organizations and individuals engaged in service and trade activities within the border gate area must have a permit issued by the competent authority and must operate within the scope specified in the permit.

4. Vehicles permitted to enter, exit, operate, and reside in the border gate area:

a) Vehicles transporting departing and arriving passengers and goods for export and import; vehicles transporting and loading/unloading goods at warehouses and storage areas within the border gate area;

b) Vehicles that are exported and imported goods;

c) Vehicles transporting officials, soldiers, staff, and civil servants to work at the border gate or vehicles belonging to officials, soldiers, staff, and civil servants working at the border gate;

d) Vehicles of Vietnam and foreign countries remaining in the border gate area due to incomplete exit or entry procedures for vehicles or goods must register temporary residence and be subject to management, inspection, and supervision by the Border Guard Station at the border gate;

đ) Vehicles entering, exiting, operating, and residing in the border gate area must have valid documents consistent with their purpose of operation at the border gate.

5. The Border Guard shall take the lead and coordinate with specialized state management agencies to guide procedures, inspect, control, and supervise organizations, individuals, and vehicles of Vietnam and foreign countries operating in the border gate area according to this Decree, relevant laws, and international treaties to which the Socialist Republic of Vietnam is a party.

1. For persons, means of transportation exiting and entering; exported and imported goods:

a) Exit gate: Customs - Quarantine (health, animals, plants) - Border Guard;

b) Entry gate: Border Guard - Quarantine (health, animals, plants) - Customs.

2. In case of epidemic, the inspection and control chain for persons, means of transportation exiting and entering; exported and imported goods shall be arranged as follows:

a) Exit gate: Quarantine (health, animals, plants) - Customs - Border Guard;

b) Entry gate: Quarantine (health, animals, plants) - Border Guard - Customs.

Article 15. Inspection, control, and supervision at auxiliary border gates and open border crossings

1. At auxiliary border gates and open border crossings where there are sufficient specialized state management agencies and infrastructure and technical facilities to ensure state management (areas for exit and entry procedures, export and import inspections, storage areas for goods awaiting export and import, transportation routes for goods, parking areas), the activities of inspecting, controlling, and supervising cross-border movements are carried out as at international border gates and main border gates.

2. At auxiliary border gates and open border crossings where there are insufficient specialized state management agencies and infrastructure and technical facilities, the procedures for inspecting, controlling, and supervising cross-border movements of residents on both sides are conducted at Border Guard Control Posts.

3. The Ministries of National Defense, Industry and Trade, Finance, and the People's Committees of border provinces coordinate to direct and manage cross-border movements through open border crossings to implement effective border trade policies in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 16. Working hours at border gates

1. Working hours at border gates are implemented according to the provisions of international treaties to which the Socialist Republic of Vietnam is a party.

2. The governments of both sides jointly decide to change working hours at international border gates and main border gates (bilateral border gates) through diplomatic channels.

3. The Chairperson of the People's Committee of border provinces unifies with the provincial authorities across the border to establish and change working hours at auxiliary border gates and open border crossings after coordinating with the Ministry of National Defense and the Ministry of Finance.

4. The Commander of the Provincial Border Guard Command unifies with the competent authority of the neighboring country, decides to open border gates outside regular working hours for urgent reasons related to national defense, security, natural disasters, fires, rescue of injured people, pursuit of criminals, or other force majeure reasons, and must promptly report to the People's Committee of the province, the Border Guard Command, and bear legal responsibility for their decisions.

In cases of national defense, security, natural disasters, disease prevention, special reasons, or upon request from neighboring countries, the authority to decide to limit or suspend cross-border activities at border gates is stipulated as follows:

1. The Prime Minister decides to limit or suspend cross-border activities at international border gates based on the proposal of the Minister of National Defense or the Minister of Public Security.

2. The Chairman of the People's Committee of the province decides to limit or suspend cross-border activities at main border gates (bilateral border gates) based on the proposal of the Commander of the Provincial Border Guard not exceeding 24 hours and must immediately report to the Prime Minister.

3. The Commander of the Provincial Border Guard decides to limit or suspend cross-border activities at main border gates (bilateral border gates) not exceeding six hours; at auxiliary border gates and open border crossings not exceeding twelve hours and must immediately report to the Border Guard Command and the People's Committee of the province.

4. The Station Chief of the Border Guard Station decides to limit or suspend cross-border activities at auxiliary border gates and open border crossings not exceeding six hours and must immediately report to the Provincial Border Guard Command and the People's Committee of the border district.

5. The Ministry of Public Security, the Ministry of Health, and the Ministry of Agriculture and Rural Development take the lead and coordinate with the Ministry of National Defense and the People's Committee of the province with land border gates to implement the provisions of Clauses 1, 2, 3, and 4 of this Article for cases of limiting or suspending cross-border activities at border gates and open border crossings due to national security reasons and disease prevention.

6. Before the end of the time limit for restricting or suspending cross-border activities at border gates, if it is deemed necessary to continue such restrictions or suspensions, the following actions shall be taken:

a) The Chairman of the People's Committee of the province decides to extend the time limit for restricting or suspending cross-border activities at main border gates (bilateral border gates), with the extension period not exceeding twenty-four hours;

b) The Commander of the Provincial Border Guard decides to extend the time limit for restricting or suspending cross-border activities at main border gates (bilateral border gates) not exceeding six hours, at auxiliary border gates and open border crossings, with the extension period not exceeding twelve hours;

c) The Station Chief of the Border Guard Station decides to extend the time limit for restricting or suspending cross-border activities at auxiliary border gates and open border crossings, with the extension period not exceeding six hours.

7. The person with authority stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article bears legal responsibility for their decisions; before deciding to restrict, suspend, or extend the time limit for restricting or suspending cross-border activities at border gates and when the situation returns to normal, they must inform local authorities, competent authorities of neighboring countries, relevant agencies, and the public to comply.

In cases where border crossing activities at border gates or border crossings are restricted or suspended without mutual agreement between the two sides, the authority prescribed in Clauses 1, 2, 3, 4, 5, and 6 of this Article must notify the Department of Foreign Affairs of the province (for restrictions or suspensions of border crossing activities at sub-border gates or border crossings) or notify the Ministry of Foreign Affairs (for restrictions or suspensions of border crossing activities at international border gates or main border gates (bilateral border gates)) for coordination in handling foreign affairs matters.

8. Restrictions or suspensions of border crossing activities at border gates must comply with the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

Chapter III

PLANNING AND CONSTRUCTION OF BORDER GATES

1. The planning, construction, and development of the border gate system must be based on the specific conditions of each border line, each locality, and must meet the requirements for economic and social development while ensuring national defense, security, and territorial sovereignty.

2. The Government shall uniformly manage the planning for the development of the border gate system nationwide; approve the planning of the border gate system for each province and approve the scope of the border gate area for international border gates and main border gates.

3. The Ministry of Foreign Affairs shall take the lead and coordinate with the Ministries of National Defense, Public Security, Finance, Industry and Trade, Transport, Planning and Investment, and the People's Committees of land border provinces to establish and review the planning for the development of the border gate system nationwide, and submit it to the Government for approval.

4. The Ministry of Construction shall take the lead and coordinate with the Ministries of National Defense, Public Security, Foreign Affairs, Finance, Industry and Trade, Transport, Planning and Investment, and the People's Committee of the province having international border gates and main border gates to establish and review the planning for the construction of the areas of international border gates and main border gates, and submit it to the Government for approval.

5. The People's Committee of the border province:

a) Shall take the lead and coordinate with the Ministries of National Defense, Public Security, Foreign Affairs, Finance, Industry and Trade, Transport, Planning and Investment to establish and review the planning for the development of the border gate system within the province (based on the planning for the development of the border gate system nationwide), and submit it to the Government for approval;

b) Shall survey and determine the scope of the border gate and border crossing areas within the province; approve the scope of the sub-border gate and border crossing areas; submit the scope of international border gates and main border gates to the Government for approval;

c) Shall establish, review, and approve the planning for the construction of sub-border gate and border crossing areas.

6. The construction of border gates shall be carried out in accordance with the laws on construction and current regulatory legal documents.

Article 19. Principles and Authority for Opening and Upgrading Border Gates

1. Principles for opening and upgrading border gates:

a) With the agreement of the provincial authorities on both sides of the border gate; the consent of the Government of the Socialist Republic of Vietnam and the neighboring country's government, or by the competent authority of Vietnam deciding to open according to this Decree;

c) Ensuring factors of national territorial sovereignty and national defense, security, and diplomacy;

2. Authority for opening and upgrading border gates:

b) The People's Committee of the border province shall implement the opening of sub-border gates and border crossings after reaching consensus with relevant ministries and agencies and obtaining the consent of the Government.

1. The procedures and formalities for opening and upgrading international border gates and main border gates (bilateral border gates) shall be carried out as follows:

a) Upon the proposal of the Border Guard Command of the province, the Chairman of the People's Committee of the border province decides to establish a working delegation representing relevant departments and agencies of the province, including: the Border Guard Command, the Military Command, Public Security, Foreign Affairs, Industry and Trade, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transport, and the People's Committee of the district where the proposed border gate is located, which will be chaired by the Border Guard Command of the province to conduct surveys to determine the location for opening and upgrading the border gate, the current situation of infrastructure, equipment, inspection and control forces, and the volume of people, vehicles, and goods exiting and entering. Within ten working days from the completion of the survey, the Border Guard Command of the province will compile the survey results and propose to the Chairman of the People's Committee of the province regarding the opening and upgrading of international border gates and main border gates (bilateral border gates).

b) Within fifteen working days from the date of receiving the proposal from the Border Guard Command of the province on the opening and upgrading of international border gates and main border gates (bilateral border gates), the People's Committee of the border province will send a letter to the provincial government of the neighboring country's border area requesting to hold talks to agree on the location, opening or upgrading, and implementation plan (expected time for opening and upgrading) of the border gate.

d) Within twenty working days from the completion of the survey, the Ministry of Foreign Affairs will compile the survey results and opinions from relevant ministries, and report to the Government for a decision on the opening and upgrading of international border gates and main border gates.

e) Within ten working days from the date the Government makes a decision on the opening and upgrading of the border gate, the Ministry of Foreign Affairs will send a diplomatic note to the neighboring country informing the Government's policy of the Socialist Republic of Vietnam agreeing to open and upgrade international border gates and main border gates.

Within five working days from the date of receipt of the reply from the provincial government of the neighboring country's border area agreeing to the time for organizing the opening ceremony of the international border gate and main border gate, the People's Committee of the border province will notify the ministries specified in Point d Clause 1 of this Article to coordinate in implementing the agreement.

b) Within fifteen working days from the date of receiving the proposal from the Border Guard Command of the province on the opening of sub-border gates and the upgrading of border crossing points to sub-border gates, the People's Committee of the border province will send a letter to the provincial government of the neighboring country's border area requesting to hold talks to agree on the location and expected time for opening and upgrading sub-border gates and border crossing points.

Within ten working days from the date of receipt of the notification of the Government's approval, the Chairman of the People's Committee of the border province will issue a decision on the opening and upgrading of sub-border gates and border crossing points and notify the ministries specified in Point c Clause 1 of this Article.

đ) Within seven working days from the date of issuing the decision to open or upgrade the secondary border gate or border crossing point, the People's Committee of the border province shall send a document to the provincial border authority of the neighboring country to exchange and agree on the official operating time of the secondary border gate or border crossing point (based on actual circumstances, it may propose organizing a ceremony to announce the opening of the secondary border gate or border crossing point).

Within five working days from the date of receipt of the reply from the provincial government of the neighboring country's border area agreeing to the official operation time of the sub-border gate and border crossing point, the People's Committee of the border province will notify the ministries specified in Point c Clause 1 of this Article to coordinate in implementing the agreement.

Chapter IV

STATE MANAGEMENT AND RESPONSIBILITIES OF MINISTRIES AND SECTORS,

PEOPLE'S COMMITTEES OF PROVINCES FOR BORDER GATES

Article 21. Contents of state management over border gates

1. Issuing and implementing legal normative documents on border gates.

2. Propaganda, dissemination, and education on laws related to border gates.

3. Developing overall plans for the development of the system of land border gates; opening and upgrading border gates and border crossing points.

4. Formulating policies to manage activities involving exit and entry through border gates.

5. Organizing training and enhancing the professional skills of specialized state management forces at border gates; investing in equipment, building infrastructure in the border gate area, researching and applying science and technology to facilitate management and create favorable conditions for activities involving exit and entry through border gates.

6. Negotiating, signing, and implementing international treaties on border gates; international cooperation in the construction and management of border gates.

7. Inspecting, supervising, resolving complaints and denunciations, and handling violations of laws related to border gates.

Article 22. Responsibilities of the Ministry of National Defense

1. Taking the lead and coordinating with relevant ministries, sectors, and People's Committees of border provinces to be responsible before the Government for state management over border gates.

3. Coordinating with the Ministry of Foreign Affairs, relevant ministries, and People's Committees of border provinces in constructing, planning, and developing the border gate system to meet requirements for national defense and security.

4. Annually, coordinating with the Ministry of Finance and the Ministry of Planning and Investment to prepare the budget for the implementation of this Decree.

Article 23. Responsibilities of the Ministry of Finance

1. Coordinating with the Ministry of National Defense in ensuring the budget for the implementation of this Decree according to the provisions of the State Budget Law and guiding documents.

2. Directing customs agencies to perform their state management functions regarding customs at border gates in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

Article 24. Responsibilities of the Ministry of Health

1. Organize, guide, and ensure equipment for health quarantine agencies to perform health quarantine functions at border gates and land border crossings in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

2. Coordinate with the Ministry of National Defense to limit or temporarily suspend cross-border activities at border gates and land border crossings when an epidemic occurs among people as prescribed by this Decree.

Article 25. Responsibilities of the Ministry of Agriculture and Rural Development

1. Direct animal and plant quarantine agencies to perform animal and plant quarantine functions at border gates and land border crossings in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

2. Coordinate with the Ministry of National Defense to limit or temporarily suspend cross-border activities at border gates and land border crossings when an epidemic occurs as prescribed by this Decree.

Article 26. Responsibilities of Relevant Ministries and Agencies

a) Take the lead and coordinate with the Ministries of National Defense, Planning and Investment, and People's Committees of border provinces to develop an overall plan for the development of land border gates nationwide, to be submitted to the Government for approval;

b) Implement responsibilities related to opening and upgrading border gates as stipulated in Article 20 of this Decree; provide guidance on procedures and processes for opening and upgrading border gates and border crossings; if international treaties to which the Socialist Republic of Vietnam is a member have different provisions, implement those treaties.

2. The Ministry of Public Security:

a) Coordinate with the Ministry of National Defense to provide guidance on exit and entry control activities through border gates;

b) Direct public security units and localities to cooperate with Border Guard forces and relevant agencies to carry out national security protection tasks, maintain social order and safety, and combat crime in border gate areas.

3. The Ministry of Industry and Trade:

a) Carry out state management over export, import, and border trade activities through border gates;

b) Develop annual and period-specific border trade policies to be submitted to the Prime Minister for approval;

c) Coordinate with relevant ministries, sectors, and provincial People's Committees to combat smuggling and commercial fraud through border gates.

Direct the construction of projects and investmentprojects according to requirements and standards for air defense safety.Direct the organization of construction of key shelters.

b) Study and develop design standards, seek opinions from the Ministries of National Defense, Finance, Health, Agriculture and Rural Development, Planning and Investment, Culture, Sports and Tourism regarding the construction of State Gates and Joint Control Houses, to be submitted to the Prime Minister for approval to implement uniformly nationwide;

c) Carry out state management over technical infrastructure construction and construction projects within land border gate areas according to their functions, tasks, and authorities as prescribed.

5. The Ministry of Planning and Investment:

a) Take the lead and coordinate with the Ministries of National Defense, Public Security, Foreign Affairs, and other relevant ministries and sectors, and provincial People's Committees to advise the Government on developing strategies for economic and social development in border gate areas nationwide;

b) Annually, take the lead and coordinate with the Ministry of Finance to balance the budget for investment development and mobilize other resources to invest in construction projects within land border gate areas.

6. The Ministry of Transport:

a) Develop a plan for the development of transportation infrastructure systems for border gates nationwide, to be submitted to the Government for approval; take the lead and coordinate with relevant ministries and provincial People's Committees to connect roads at Vietnamese border gates with neighboring countries' border gates;

b) Implement regulations on transportation vehicle activities entering and exiting border gates according to international treaties to which the Socialist Republic of Vietnam is a member.

7. The Joint Management Committee for Border Gates of Vietnam:

Take the lead and coordinate with relevant ministries, sectors, and localities to implement the Border Gate Agreement and Border Gate Management Regulations between Vietnam and China in accordance with the functions, tasks, and authorities prescribed in the Charter of the Joint Management Committee for Border Gates between Vietnam and China and related legal documents.

1. Direct the construction of National Gates, Joint Inspection Houses, infrastructure, and traffic systems in the border gate area.

2. Allocate budget funds to install various types of signs and directional boards at border gates.

3. Annually allocate local government budget funds to implement the Decree; coordinate with the Ministry of National Defense and relevant ministries and sectors to organize propaganda, dissemination, and implementation of the Decree.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Decree takes effect from January 15, 2015, and replaces Government Decree No. 32/2005/NĐ-CP dated March 14, 2005, on the Border Gate Regulations for land borders.

Article 29. Responsibilities for guidance and enforcement

1. The Ministers of National Defense, Public Security, Finance, Industry and Trade, Foreign Affairs, Health, Agriculture and Rural Development, Transport, Construction shall, within their respective authorities, be responsible for detailing and guiding the provisions stipulated in this Decree.

2. The Ministry of National Defense shall take the lead, coordinating with relevant ministries and sectors to guide and inspect the implementation of this Decree.

3. The Ministers, Heads of ministerial-level agencies equivalent to ministries, Heads of central government agencies, Chairmen of provincial People's Committees under the Central Government, agencies, organizations, and individuals concerned shall be responsible for enforcing this Decree./.