Circular No. 17/2017/TT-BCT guiding the implementation of provisions on border market zones (points) under the Border Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

CIRCULAR

Guidelines for Implementing Provisions on Border Market Zones (Points) under

the Border Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China

Vietnam Pursuant to the Border Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on September 12, 2016;

____________________________

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Domestic Market Department,

The Minister of Industry and Trade issues this Circular guiding the implementation of provisions on border market zones (points) under the Border Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China (hereinafter referred to as the Agreement).

This Circular guides the implementation of certain provisions of the Agreement, including:

Article 1. Scope of Regulation

1. Procedures and formalities for establishing border market zones (points).

2. Procedures and formalities for registering business activities at border market zones (points).

1. Business operators and residents of the border area of Vietnam.

Article 2. Applicability

2. Business operators and residents of the border area of China who participate in export, import, purchase, sale, and exchange of goods at border market zones (points).

3. State management agencies for cross-border trade between Vietnam and China.

4. Other organizations and individuals related to cross-border trade between Vietnam and China.

Article 3. Border Market Zones (Points)

1. Border market zones (points) include border markets, gate markets, and markets within economic zones at gates that engage in export, import, purchase, sale, and exchange of goods by business operators and border residents.

2. Persons and means of transport exiting and entering; exported and imported goods entering and exiting border market zones (points) through border gates and open border crossings.

Article 4. Procedures and Formalities for Establishing Border Market Zones (Points)

1. The Provincial Department of Industry and Trade shall take the lead and coordinate with relevant provincial departments including the Border Guard Command, Military Command, Public Security, Foreign Affairs, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transportation, and the People's Committee of border districts/cities in conducting site surveys and assessing the need to establish border market zones (points).

2. Within ten working days from the date of receiving the survey report and assessment of the need to establish border market zones (points) from the Provincial Department of Industry and Trade, the Provincial People's Committee shall send a letter to the local government authority at the provincial level/region of China requesting to hold talks or provide comments on jointly establishing corresponding border market zones (points) on both sides of the territory.

3. Based on the talks or written comments from the local government authority at the provincial level/region of China, the Provincial People's Committee shall send a letter to the Ministry of Industry and Trade regarding the establishment of border market zones (points), clearly stating whether to jointly establish corresponding border market zones (points) on both sides of the territory or only establish border market zones (points) within the territory of Vietnam.

4. Within five working days from the date of receiving the request from the Provincial People's Committee, the Ministry of Industry and Trade shall seek opinions from relevant ministries and sectors on the establishment of border market zones (points). Within ten working days from the date of receiving the opinion solicitation letter from the Ministry of Industry and Trade, the ministries and sectors solicited shall respond in writing.

5. Within ten working days from the date of receiving the opinions of the ministries and sectors, the Ministry of Industry and Trade shall issue its opinion on the establishment of border market zones (points).

6. Within ten working days from the date of receiving the written opinion of the Ministry of Industry and Trade, the Provincial People's Committee shall issue a Decision establishing border market zones (points); simultaneously sending a letter to the local government authority at the provincial level/region of China informing them of the establishment of border market zones (points).

7. Before December 31 each year, the Provincial People's Committee shall be responsible for reporting to the Ministry of Industry and Trade on the List of operating and newly established border market zones (points).

7. Before December 31 of each year, the People's Committee of the border province shall notify the Ministry of Industry and Trade about the list of border market areas (points) that are currently operating and newly established.

Article 5. Procedures and formalities for business registration at border market areas (points)

1. Vietnamese traders and residents conducting business at border market areas (points) shall comply with the conditions stipulated in Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Government on the management of cross-border trade activities with neighboring countries.

2. Chinese traders and residents conducting business at border market areas (points) shall register according to the following procedures and formalities:

a) Chinese traders and residents who wish to conduct business at border market areas (points) must submit one set of application documents directly or via postal service to the Department of Industry and Trade or authorized agencies (People's Committee of district/city under province); the application package includes:

- An application form for business registration at border market areas (points) in accordance with Model I attached to this Circular.

- One certified copy (or a copy from the original book or a copy presented together with the original for verification) of the following documents: (i) Contract or agreement with the Market Management Unit regarding the rental of stalls, shops, or kiosks at the market (if applicable); (ii) Valid exit and entry documents of border residents or legal representatives of traders (passport or border pass or border area entry-exit pass or other valid exit-entry documents); (iii) Business registration certificate for traders.

- Two (2) photographs of border residents or legal representatives of traders: size 4x6.

b) Within seven working days from the date of receipt of complete and valid application documents, the Department of Industry and Trade or authorized agencies shall, based on local market demand and the ability to arrange business locations at border market areas (points), be responsible for reviewing and confirming the business registration of traders at border market areas (points) in accordance with Model II attached to this Circular, or not confirm and specify the reasons.

- In case the application documents are incomplete or invalid, within three working days from the date of receipt of the documents, the Department of Industry and Trade or authorized agencies shall send a written request for the trader or border resident to supplement the documents.

- In cases where additional time is needed to seek opinions from relevant agencies of Vietnam and China, the Department of Industry and Trade or authorized agencies shall notify the trader or border resident in writing.

Article 6. Implementation Organization

1. The Domestic Market Department of the Ministry of Industry and Trade shall be responsible for inspecting and supervising the implementation of this Circular.

2. The Department of Industry and Trade shall assist the People's Committee of border provinces between Vietnam and China in inspecting, supervising, and organizing the implementation of this Circular.

Article 7. Effective Date

1. This Circular takes effect from December 1, 2017.

2. Business licenses for border markets, customs gate markets, and markets within economic zones of customs gates issued before the effective date of this Circular shall continue to be valid until their expiration date.

3. During the implementation process, if the referenced documents in this Circular are amended, supplemented, or replaced, the new documents shall apply.