Circular No. 14/2001/TT-BTM guides the sale and purchase of goods across the land border between Vietnam and China, applicable to traders and individual business households in border provinces. The document stipulates subjects, goods, quality, customs checkpoints, payment, customs procedures, and taxes, while defining the scope of regulation.
Đối tượng áp dụng
Vietnamese traders (enterprises belonging to various economic sectors), individual business households in Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau.
Các điểm cốt lõi
- Subjects selling and purchasing goods across the border must be Vietnamese traders or individual business households as prescribed in border provinces.
- Goods for sale and purchase must comply with the Business Registration Certificate, and only the subjects mentioned in Section 1 of the Circular are permitted to sell and purchase export and import goods according to the permits of the Ministry of Trade or specialized management ministries.
- Subjects engaged in the sale and purchase of goods across the border must comply with regulations on goods quality and bear legal responsibility for the quality of goods they sell and purchase.
- Goods exported and imported through six border provinces have been agreed upon by the Governments of Vietnam and China to open customs checkpoints or approved by the Prime Minister of Vietnam.
- Payment for goods sold and purchased across the border shall use freely convertible foreign currencies, Vietnamese Dong, or Chinese Renminbi, according to the agreement between the parties.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Creating favorable conditions for traders and individual business households in border provinces in the sale and purchase of goods across the border.
- Negative impact: May impose administrative burdens on subjects selling and purchasing goods due to compliance with numerous legal regulations.
❓ Câu hỏi thường gặp
Which traders are permitted to sell and purchase goods across the border?
Only Vietnamese traders belonging to various economic sectors and individual business households in Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau are permitted to sell and purchase goods across the border.
What goods can be sold and purchased across the border?
Goods for sale and purchase must comply with the Business Registration Certificate, and only the subjects mentioned in Section 1 of the Circular are permitted to sell and purchase export and import goods according to the permits of the Ministry of Trade or specialized management ministries.
How many customs checkpoints are permitted for export and import?
Goods are permitted to be exported and imported through six border provinces that have been agreed upon by the Governments of Vietnam and China to open customs checkpoints or approved by the Prime Minister of Vietnam.
What types of currency are used for payment when selling and purchasing goods across the border?
Payment for goods sold and purchased across the border uses freely convertible foreign currencies, Vietnamese Dong, or Chinese Renminbi.
What are the customs procedures and taxes when selling and purchasing goods across the border?
Goods sold and purchased across the border must undergo customs procedures and pay taxes and fees as prescribed by Vietnamese law.
Toàn văn
CIRCULAR
Guidelines for cross-border trade in goods between Vietnam and China
_____________________________
Pursuant to Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade regarding export, import, processing, and agency sales of goods with foreign countries;
Pursuant to Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Government Prime Minister on management of export and import of goods during the period 2001-2005;
To implement the Agreement on Trade in Goods at Border Areas between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on October 19, 1998 in Beijing;
The Ministry of Commerce issues specific guidelines on cross-border trade in goods between the two countries for uniform implementation as follows:
1. Subjects engaged in cross-border trade in goods
a) Vietnamese traders are enterprises belonging to various economic sectors established in accordance with the provisions of the law;
b) Individual business households in accordance with Decree No. 02/2000/NĐ-CP dated February 3, 2000 of the Government on business registration, located in the provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau.
2. Goods traded across borders
a) Goods traded must be consistent with the contents of the Business Registration Certificate of the subjects mentioned in Section 1 of this Circular. For goods listed in the Catalogue of Prohibited Export and Import Goods and those temporarily suspended from export and import, they shall be implemented in accordance with the provisions of the law.
b) As for goods listed in the Catalogue of Export and Import Goods requiring permits issued by the Ministry of Commerce or by specialized ministries, only the subjects mentioned in Clause a of Section 1 of this Circular may engage in trading under the condition that they obtain permits from competent authorities in accordance with the provisions of the law.
3. Quality of goods traded across borders
a) Subjects engaged in cross-border trade in goods must comply with the provisions of the law on quality of goods and bear responsibility before the law for the quality of goods they trade.
b) For goods listed in the Catalogue of Goods Subject to State Inspection for Quality, the consignor must request a commodity inspection service trader to conduct a commodity inspection in accordance with the state inspection requirements for quality as stipulated in Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on commodity inspection services and Circular No. 33/1999/TT-BTM dated November 18, 1999 of the Ministry of Commerce guiding the implementation of this Decree.
4. Customs checkpoints for export and import of goods
Goods traded across borders between the two countries are permitted to be exported and imported through border checkpoints on land in the six provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau, including:
a) Checkpoints agreed upon and opened by mutual consent of the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China;
b) Checkpoints approved for opening by the Government of Vietnam and other points of clearance within the border economic zones between Vietnam and China according to decisions of the Prime Minister of Vietnam.
5. Payment for goods traded across borders
a) The currency for payment in cross-border trade between the two countries is freely convertible foreign currencies, Vietnamese Dong, or Chinese Renminbi.
b) The method of payment shall be agreed upon by the parties involved in the trade in compliance with the regulations of the State Bank of Vietnam on cross-border trade in goods.
6. Customs procedures and export duties, import duties on goods
Goods traded across borders must go through customs procedures and pay taxes and fees as prescribed by Vietnamese law.
7. Implementation organization
a) This Circular takes effect fifteen days from the date of signature and replaces Circular No. 05/TMDL-QLTT dated May 7, 1992 of the Ministry of Commerce and Tourism guiding the implementation of Directive No. 94/CT dated March 25, 1992 of the Council of Ministers Chairman on organizing and managing the border market between Vietnam and China in the new situation.
b) Goods crossing the border on land between Vietnam and China for sale at border markets between Vietnam and China are not subject to the scope of regulation of this Circular./.
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