Circular No. 13/2009/TT-BCT on the import and export of goods through secondary border gates and border crossings outside the Border Economic Zones

CIRCULAR

Regulations on Import and Export of Goods through Border Sub-Passports and Openings Outside Border Economic Zones

 border areas outside border economic zones

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 32/2005/NĐ-CP dated March 14, 2005 of the Government on the Border Gate Regulations;

Pursuant to Decision No. 254/2006/QĐ-TTg dated November 7, 2006 of the Prime Minister on management of cross-border trade activities with neighboring countries;

Implementing the guidance of the Prime Minister in Document No. 1420/TTg-KTTH dated August 27, 2008 on clearance of goods for import and export at border trade,

Article 1. Scope of Regulation

1. This Circular applies to the import and export of goods through border sub-passports and openings outside border economic zones but currently have sufficient Customs, Border Guard, Inspection forces, and technical facilities to ensure state management.

2. For border sub-passports and openings outside border economic zones that do not yet have the functional forces mentioned in Clause 1 of this Article, only allow residents along the border to engage in buying and selling, exchanging goods according to current regulations.

Article 2. Exported Goods

1. Legally exported goods according to current regulations may be exported through border sub-passports and openings outside border economic zones.

2. Specifically, for goods that are natural resources and minerals, the Chairman of the People's Committee of the border province with border sub-passport and opening meeting the provisions of Clause 1 of Article 1 of this Circular shall decide to permit export based on written consent from the Ministry of Industry and Trade.

Article 3. Imported Goods

1. Goods imported through border sub-passports and openings outside border economic zones must belong to the list of goods specified in Appendix 1 and Appendix 2 issued together with this Circular.

2. The Chairman of the People's Committee of the province with border sub-passport and opening shall decide to permit importation of goods listed in Appendix 1 issued together with this Circular.

3. Specifically, for goods listed in Appendix 2 issued together with this Circular, the Chairman of the People's Committee of the province with border sub-passport and opening shall decide to permit importation based on written consent from the Ministry of Industry and Trade.

Article 4. Reporting Obligation

Provincial People's Committees with border sub-passports and openings shall be responsible for reporting to the Ministry of Industry and Trade on the import and export activities at border sub-passports and openings outside border economic zones at the end of the last week of each quarter or report promptly as required.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. Provincial People's Committees with borders shall establish a list of border sub-passports and openings meeting the provisions of Clause 1 of Article 1 of this Circular, notify the Ministry of Industry and Trade, and publicly announce to enterprises and relevant agencies the border sub-passports and openings permitted for import and export of goods.

2. State management agencies for Customs, Border Guard, and Inspection shall perform their functions of managing, inspecting, supervising, and processing export or import procedures through border sub-passports and openings according to regulations.

Article 6. Effectiveness

This Circular takes effect forty-five days from the date of issuance./.