Decree No. 122/2024/ND-CP amends and supplements certain articles of Decree No. 14/2018/ND-CP dated January 23, 2018, of the Government detailing border trade activities.

DECREE

Amending and supplementing certain articles of Decree No. 14/2018/NĐ-CP

dated January 23, 2018 of the Government detailing the activities of border trade

về hoạt động thương mại biên giới

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Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law amending and supplementing certain articles of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 14/2018/NĐ-CP dated January 23, 2018 of the Government detailing the activities of border trade.

Article 1. Amending and supplementing certain articles of Decree No. 14/2018/NĐ-CP dated January 23, 2018 of the Government detailing the activities of border trade

1. Amend and supplement Clause 3 of Article 3 as follows:

"3. Border residents who are the subjects of this Decree are Vietnamese citizens with their permanent residence registered in communes, wards, towns, or equivalent administrative units where part of the administrative boundary coincides with the national land border."

2. Amending and supplementing Clause 2 of Article 4 as follows:

"2. Payment methods

a) Bank transfer;

b) Settlement of the difference between exported goods and services and imported goods and services (the balance is settled through bank transfer);

c) Cash payment shall only apply to the buying and selling, exchange of goods by border residents."

3. Supplementing Clause 4a after Clause 4 as follows:

"Clause 4a. Standards for goods in border trade activities

Goods in the buying and selling, exchange of goods across the border by traders and border residents must fully meet the standards, quality, traceability requirements, and other conditions stipulated by the laws of the importing country."

4. Amending and supplementing Clause 1 and Clause 2 of Article 16 as follows:

"1. Traders and citizens holding Vietnamese nationality registered as residing in border areas.

2. Traders and citizens holding the nationality of countries sharing a border, holding passports or other documents substituting for passports and visas, except in cases exempted from visa requirements under international treaties to which the Socialist Republic of Vietnam is a party and the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/QH13 amended and supplemented by Law No. 51/2019/QH14 and Law No. 23/2023/QH15; traders, households, individuals with business registration certificates issued according to the laws of countries sharing a border."

5. Amending and supplementing Clause 1 and Clause 3 of Article 21 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The consignor or the person authorized by the consignor, the owner of the means of transport, the driver of the means of transport carrying goods, and the crew members on board the vehicle, ship, or boat are Vietnamese citizens and must comply with the provisions of international treaties to which the Socialist Republic of Vietnam is a party and the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14 amended and supplemented by Law No. 23/2023/QH15.

In addition to the aforementioned documents, the driver must also have a valid driving license appropriate to the type of means of transport being driven."

b) Amending Clause 3 as follows:

"3. Means of transport, drivers of means of transport carrying goods, and Vietnamese business entities may pass through border gates and border crossings specified in this Decree to enter or exit border markets of neighboring countries and must be subject to inspection and control by specialized management forces at border gates and border crossings."

6. Amending and supplementing Clause 1 and Clause 3 of Article 22 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The consignor or the person authorized by the consignor, the owner of the means of transport, the driver of the means of transport carrying goods, and the crew members on board the vehicle, ship, or boat are foreign nationals entering or exiting through border gates and must comply with the provisions of international treaties to which the Socialist Republic of Vietnam is a party and the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/QH13 amended and supplemented by Law No. 51/2019/QH14 and Law No. 23/2023/QH15."

b) Amending Clause 3 as follows:

"3. Means of transport and citizens of countries sharing a border who are drivers of means of transport carrying goods and business entities of countries sharing a border when entering or exiting border markets, customs markets, and economic zones of Vietnam for the purpose of transporting goods must be subject to inspection, control, and quarantine by specialized state management agencies at customs gates."

7. Amending and supplementing Clause 2 of Article 24 as follows:

"2. The Ministry of Finance shall take the lead and coordinate with relevant ministries, sectors, and provincial people's committees along the border:

a) To guide the implementation of tax, fee, and surcharge policies;

b) To handle customs procedures, inspect, supervise, and control goods for export, import, and transit; means of transport for entry, exit, and transit."

Article 2. Implementation clause

1. This Decree takes effect from November 1, 2024.

2. By 2029, the Ministry of Finance shall report to the Government for consideration and decision on adjusting the number of times and amount of duty exemptions for imports of goods through the form of buying and selling, exchanging goods by border residents.

3. As of January 1, 2029, when conducting border trade activities, border residents must be present to handle import and export formalities.

4. As of January 1, 2030, goods can only be processed for import and export at international border gates; main border gates (bilateral border gates); secondary border gates; border crossing points, dedicated routes for transporting goods within international border gates, main border gates (bilateral border gates); border crossing points that have completed the procedures for opening and upgrading border gates and border crossing points in accordance with current laws and have reached bilateral agreements on allowing exports, imports, and exchanges of goods.

5. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial people's committees directly under the central government, and related agencies and individuals are responsible for implementing this Decree./.