Decision No. 139/2009/QD-TTg amending and supplementing certain articles of Decision No. 254/2006/QD-TTg dated November 7, 2006, of the Government on the management of border trade activities with neighboring countries.

Pursuant to …;

Amending and supplementing certain Articles of Decision No. 254/2006/QĐ-TTg dated November 7, 2006 of the Government on the management of border trade activities with neighboring countries.

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PRIME MINISTER

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

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international goods purchase and sale activities and foreign goods agency purchase, sale, processing, and transit activities;

Pursuant to Decree No. 149/2005/NĐ-CP dated December 8, 2005 of the Government detailing the implementation of the Law on Export Tax and Import Tax;

Pursuant to bilateral agreements in economic and trade fields signed between the Socialist Republic of Vietnam and neighboring countries;
Considering the proposal of the Minister of Industry and Trade,

DECISION:

Article 1. Amending and supplementing certain Articles of Decision No. 254/2006/QĐ-TTg dated November 7, 2006 of the Government on the management of border trade activities with neighboring countries as follows:

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

"3. Cross-border import and export of goods through border gates according to the methods agreed upon in the Bilateral Trade Agreement between the Socialist Republic of Vietnam and neighboring countries."

2. Amending and supplementing Clause 2 Article 5 as follows:

"2. Specifically, imported goods into the Socialist Republic of Vietnam under the form of purchase, sale, exchange of goods produced by residents in neighboring countries (in accordance with the list of goods announced by the Minister of Industry and Trade for each period after consultation with relevant ministries and agencies) shall be exempt from import tax and other taxes (if any) with a value not exceeding VND 2,000,000 (two million) per person per day per transaction."

3. Amend and supplement Article 6 as follows:

"Border residents are citizens registered in border areas of Vietnam and neighboring countries who may buy, sell, and exchange goods in accordance with Clause 2, Article 5 of this Decree."

4. Amend and supplement Clause 4 of Article 9 as follows:

"4. Border gate sub-stations are opened for people, vehicles, and goods of Vietnam and neighboring countries to cross the national border in accordance with regulations of the competent authority of the Vietnamese Government."

"5. Amend and supplement Clause 3 of Article 10 as follows:"

"3. Border Economic Zone markets are markets established within Border Economic Zones."

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

"2. Establish a Border Trade Steering Committee chaired by the Minister of Industry and Trade, with a Vice Minister of Industry and Trade responsible for border trade affairs serving as the Deputy Chairman. Members include a Vice Minister from the Ministries of Foreign Affairs, National Defense, Finance, Transport, Agriculture and Rural Development, Health, Public Security, Culture, Sports and Tourism, a Deputy Governor of the State Bank of Vietnam, and a Deputy Chairman of the People's Committees of border provinces."

The members of the Committee work on a part-time basis. The Steering Committee uses the seal of the Ministry of Industry and Trade. The Chairman of the Border Trade Steering Committee consults with Committee members to issue the operational rules of the Committee and the tasks of its permanent office.

The operating budget of the Border Trade Steering Committee is guaranteed by the state budget and allocated within the regular operating budget of the Ministry of Industry and Trade.

7. The term "Ministry of Trade" is changed to "Ministry of Industry and Trade" and "Trade Department" is changed to "Industry and Trade Department".

Article 2. This Decision takes effect from March 1, 2010.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-administered city People's Committees, and organizations and individuals involved in border trade activities are responsible for guiding and implementing this Decision./.