Circular No. 181/2005/TT-BQP on guiding the implementation of Decree No. 32/2005/NĐ-CP of the Government on the regime of border gates

CIRCULAR

Regarding guidance on implementing Decree No. 32/2005/NĐ-CP of the Government on the Gate Regulations for Land Border Gates

On March 14, 2005, the Government issued Decree No. 32/2005/NĐ-CP on the Gate Regulations for Land Border Gates (referred to as Decree No. 32/2005/NĐ-CP), Article 24, Clause 2 of which stipulates that "The Ministry of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide and inspect the implementation of this Decree."

After reaching consensus with relevant ministries and sectors, the Ministry of National Defense provides specific guidance on the following matters:

1. Land border gates include international gates, main gates, and sub-gates established along land routes, railway lines, and inland waterways within the border area pursuant to Agreements on Border Regulations signed between the Government of the Socialist Republic of Vietnam and the Government of neighboring countries to facilitate exit, entry, transit, export, and import (hereinafter referred to as exit and entry) of persons, means of transport, and goods.

I. GENERAL PROVISIONS

a) International gates, main gates, and sub-gates as defined in Article 3 of Decree No. 32/2005/NĐ-CP.

b) Exit and entry activities of persons, means of transport, and goods from Vietnam and foreign countries, as well as other activities at land border gates must comply with the provisions of Decree No. 32/2005/NĐ-CP, laws on border management and protection, and meet requirements for opening up and economic integration, while enhancing state management over exit and entry activities at gates.

c) Upgrading of gates (from border crossing points to sub-gates; sub-gates to main gates; main gates to international gates) must satisfy the following general requirements:

- Meeting local development needs regarding economy and cross-border exchanges of persons, means of transport, and goods;

- Ensuring national defense and security;

- Not affecting the construction, management, and protection of the national border by both countries;

- Implementing according to signed agreements and mutual agreements of provincial authorities sharing the common border.

d) Procedures and formalities for establishing and upgrading gates shall be carried out in accordance with the guidelines of the Ministry of Foreign Affairs.

2. Scope of the gate area

a) Based on specific conditions in each locality, the Provincial Border Guard Command shall take the lead and coordinate with relevant agencies to propose the provincial People's Committee where the gate is located to determine the scope of the gate area for international gates and main gates after reaching consensus with the Ministry of National Defense, the Ministry of Public Security, and relevant ministries and sectors, and report to the Prime Minister for decision-making. The determination of the scope of the gate area for international gates and main gates shall be implemented in accordance with Clause 1, Article 4 and Article 11 of Decree No. 32/2005/NĐ-CP.

- For land gates, it includes:

+ Areas for passport and document inspection by competent authorities for persons, means of transport, goods, and luggage;

+ Areas for exit and entry procedures by competent authorities, waiting areas for procedures, parking lots, berths, cargo yards, areas for service and trade activities, banks, post offices, duty-free shops.

- For railway gates, it includes the first international railway station (for inbound direction) and the last international railway station (for outbound direction), comprising: Passport and document control areas; train parking areas; escort paths from the station to the border point.

- For inland waterway gates, it extends from the wharf upstream to the national border and downstream, including: Passport and document control areas; anchorage areas for inbound and outbound vessels; water areas of the port; cargo yard areas; waters before the wharf; wharfs; workshops; main port facilities and services.

b) At international gates and main gates, joint inspection stations shall be constructed according to the unified planning specified in Clause 1, Article 18 of Decree No. 32/2005/NĐ-CP, ensuring the operation of specialized state management agencies at the gate in a chain inspection process.

- Joint inspection stations that have been built but whose inspection chains do not conform to the provisions of Decree No. 32/2005/NĐ-CP shall be proposed by the Commander of the Provincial Border Guard to the Chairman of the Provincial People's Committee to implement in accordance with Clause 1, Article 18 of Decree No. 32/2005/NĐ-CP and this Circular.

c) The determination of the scope of the sub-gate area must be based on the situation of national defense, security, public order, and economic conditions in each locality, the terrain where the gate is opened, and the requirements for managing and protecting national border sovereignty and security to establish appropriate regulations. The Provincial Border Guard Command shall take the lead and coordinate with the Provincial Police, relevant provincial departments, and the People's Committee of the district or city where the gate is located to unify the scope of the gate area, planning, and report to the Chairman of the Provincial People's Committee for decision.

At sub-gates, border guard inspection stations shall be constructed according to the unified planning of the Provincial People's Committee upon the proposal of the Provincial Border Guard Command.

3. Signage in the gate area

a) The "Gate Area" sign shall be made according to a unified model of the Ministry of National Defense, using metal sheets 1.5mm thick; signposts shall be made of steel pipes with a diameter of 100mm; signs shall be made of reflective material, with a blue background and white letters; the sign shall be written in three languages in three lines: the first line in Vietnamese, the second line in the language of the neighboring country, and the third line in English (as per Appendix 1 and 2 attached to this Circular).

- The "Gate Area" sign shall be placed on the right side of traffic routes heading from inland to the border, in easily visible locations.

b) Specific area signage, directional signs, and internal rules at the gate area as stipulated in Article 11 of Decree No. 32/2005/NĐ-CP shall be determined by the Provincial Border Guard Command in coordination with relevant provincial functional agencies responsible for specialized inspections at the gate, and reported to the Chairman of the Provincial People's Committee for decision. Models of various signs shall be guided by the Border Guard Command.

II. REGULATIONS ON EXIT AND ENTRY FOR PERSONS, MEANS OF TRANSPORT, AND GOODS

1. For Vietnamese citizens

PERSONS, MEANS OF TRANSPORTATION, GOODS

1. REGARDING VIETNAMESE CITIZENS

a) Vietnamese citizens when exiting or entering through international border gates or main border gates must have one of the following documents:

- Passport;

- A valid travel document;

- Border crossing certificate.

b) Vietnamese citizens residing in border areas who cross to neighboring countries' border areas shall comply with Clause 2, Article 6 of Decree 32/2005/NĐ-CP. When implementing, they must base on the provisions of the Agreement on Border Regulations signed between the Government of Vietnam and the Government of the neighboring country along each border line, specifically:

- For the Vietnam-China border line: Must have a valid border area travel document (if the travel document does not contain a photograph, it must be accompanied by an identity card) or a travel document issued according to the agreement between Vietnam and China.

- For the Vietnam-Laos border line, one of the following documents must be possessed:

+ Border area travel document;

+ Border crossing certificate;

+ Certificate.

- For the Vietnam-Cambodia border line, one of the following documents must be possessed:

+ Border crossing certificate;

+ Border area travel document.

2. Regarding foreigners

a) For citizens of neighboring countries, they shall comply with the provisions of the Agreement on Border Regulations signed between Vietnam and the relevant neighboring country.

b) For citizens of third countries: When entering or exiting through international border gates or main border gates, they must have a valid passport or a document that can substitute for a passport (for overseas Vietnamese if they do not have a passport or a document that can substitute for a passport, they must have a document issued by an authorized foreign authority with entry-exit validity and such document has been officially notified to Vietnam through diplomatic channels) and must have a visa issued by an authorized Vietnamese state agency, except in cases where visa exemption is granted under bilateral agreements concluded by Vietnam or unilaterally granted by Vietnam for citizens of that country.

c) Citizens of third countries and neighboring countries when entering special economic zones at border gates are exempt from visa requirements.

3. Means of transport, goods for export, import, transit through border gates shall comply with Article 8 and Article 9 of Decree 32/2005/NĐ-CP, and must have all necessary legal documents, comply with principles and procedures stipulated by customs laws, other relevant Vietnamese laws, and international treaties to which the Socialist Republic of Vietnam is a member.

- For goods traded across borders, if they meet the conditions specified in Point 3, Section II of this Circular and Decision 252/2003/QĐ-TTg dated November 24, 2003 of the Prime Minister on managing goods trade across borders with neighboring countries sharing borders, they may be exported or imported through border gates without distinction whether the goods belong to border localities or the entire country.

- In special cases, upon request of provincial authorities or the government of a neighboring country, the Minister of Commerce, in coordination with the Minister of Finance, may permit the clearance of goods from third countries through main border gates or secondary border gates.

4. Individuals, means of transport, and goods when exiting or entering through border gates must have all necessary legal documents; they are subject to inspection and control by Border Guard forces and other authorized agencies at border gates.

5. Specialized inspection and supervision procedures at border gates

a) Customs inspection and quarantine (health, animal, plant) procedures shall be carried out in accordance with the provisions of the law and guidelines of the Ministry of Finance, the Ministry of Health, and the Ministry of Agriculture and Rural Development.

b) Border Guard inspection and supervision procedures at border gates

- For Vietnamese citizens exiting or entering, they must present one of the following documents:

+ Passport, travel document, border crossing certificate, certificate;

+ Exit-entry declaration form (for those exiting or entering using a passport).

- For foreigners:

+ Passport or a document that can substitute for a passport and must have a visa for entry to Vietnam issued by an authorized Vietnamese agency (except in cases of visa exemption or for working or operating in special economic zones at border gates);

+ Travel document or border crossing certificate, certificate;

+ Exit-entry declaration form (for those exiting or entering using a passport).

- For means of transport and their drivers exiting or entering Vietnam and foreign countries, they must present the following documents:

+ Passport or travel document, border crossing certificate;

+ Permit to operate the vehicle;

+ Certificate of ownership registration of the vehicle;

+ Vehicle registration certificate;

+ International carriage permit;

+ Permit for passenger and cargo transportation (if applicable);

+ Certificate of technical safety and environmental protection of the vehicle;

+ Certificate of vehicle insurance (if applicable);

+ Certificate of quarantine.

- Responsibilities of border guard posts with border gates:

+ Inspect and control passports, documents substituting for passports, and luggage of individuals and means of transport exiting or entering;

+ Stamp the passport or document substituting for a passport with an inspection seal;

+ Coordinate with Customs and other forces to combat drug-related crimes, smuggling, and commercial fraud;

+ Issue visas for foreigners based on notifications from the Ministry of Public Security and the Ministry of Foreign Affairs;

+ Provide temporary residence certificates for foreigners at border gates pursuant to the authorization and guidance of the Exit-Entry Administration Department under the Ministry of Public Security.

- Border surveillance locations:

+ Transit zone (for international border gates);

+ Inspection and control zone for means of transport and goods;

+ Waiting hall for processing;

+ Zone for exit-entry processing by competent agencies;

+ Zone for storage of goods awaiting export or import;

+ Duty-free shop zone;

+ Service and trade zone;

+ Parking lot and dock zone;

+ Restricted zone;

+ Other zones within the border gate area.

- Subjects of border surveillance in the border gate area:

+ Vietnamese and foreign individuals exiting or entering through border gates and those coming to the border gate area to see off or greet passengers or to carry out service, trade, press, sightseeing, and tourism activities;

+ Means of transport, goods, and luggage of Vietnamese and foreign entities entering or exiting the border gate area.

- Border surveillance tasks:

+ Maintain, manage, guide persons, means of transport, goods, luggage, and other activities within the border gate area in accordance with the provisions of the law and the Border Gate Regulations;

+ Maintain security and order in the border gate area, prevent, detect, and handle persons, means of transport, and goods exiting or entering illegally through the border gate;

6. In cases where persons, means of transport must stay overnight in the border gate area due to incomplete exit procedures for persons, means of transport; export procedures for goods or damaged means of transport, they must obtain permission and be subject to inspection and control by the Border Guard Post at the border gate;

If the temporary stay period expires but the matter has not been resolved, and there is a legitimate reason to remain, permission from the Border Guard Post must be sought;

III. RESPONSIBILITIES FOR MANAGING CROSS-BORDER ACTIVITIES

THROUGH BORDER GATES

1. Within their respective duties and authorities, relevant ministries and sectors shall be responsible for directing and guiding specialized forces under their jurisdiction at land border gates to carry out inspections, controls, and procedures for entry and exit as stipulated in Decree No. 32/2005/ND-CP and other legal regulations;

2. The provincial People's Committee with border gates shall coordinate with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of National Defense, the Ministry of Construction, the Ministry of Foreign Affairs, and other relevant ministries and sectors on planning the border gate area, constructing border gates; architectural designs, models, specifications, and symbols of border gates and joint inspection stations at international border gates and main border gates;

3. The Prime Minister decides to limit or suspend cross-border activities at international border gates specified in Clause 1, Article 17 of Decree No. 32/2005/ND-CP in the following cases:

- Request of the concerned country;

- Request of the Minister of National Defense when national territorial sovereignty and security are violated, enemy intrusion, causing riots, pursuing dangerous criminals, ensuring the safety of citizens' lives, or for special reasons;

- Request of the head of a specialized ministry for other cases of limitation or suspension within their specialized management domain and as prescribed by law;

4. The Chairman of the provincial People's Committee with border gates decides to limit or suspend cross-border activities at sub-border gates based on the proposal of the Commander of the Border Guard Force of the province;

5. The Commander of the Border Guard Force of the province and the Border Guard Post Commander implement decisions to limit or suspend cross-border activities as stipulated in Clauses 3 and 4 of Article 17 of Decree No. 32/2005/ND-CP; they must comply with the provisions set forth in Point 4, Section III of this Circular and other legal regulations regarding cases that can be limited or suspended and cross-border activities;

6. Decisions to limit or suspend must be notified in writing and made public to relevant agencies, local authorities, and the people to ensure implementation; simultaneously, such decisions must be communicated to the Border Guard Post and local authorities of neighboring countries; when the decision to limit or suspend ceases to be effective, the issuing authority must notify relevant agencies, the people, and the Border Guard Post of the neighboring country, and report back to higher authorities on the resumption of normal activities;

The person authorized to issue decisions to limit or suspend shall bear legal responsibility for their decisions;

7. In cases of emergency situations occurring in border areas, they shall be handled according to the Emergency Situation Ordinance dated March 23, 2000, and the Law on National Defense dated June 14, 2005;

8. The opening and closing times of border gates during the day shall be carried out in accordance with the Agreement on Border Regulations or the agreement of the governments and local authorities of the two provinces sharing the common border; if it is necessary to shorten or extend the opening and closing times of border gates during the day, it shall be implemented as follows:

- For international border gates: The provincial People's Committee with border gates shall coordinate with the local authority of the opposite province of the country sharing the common border before reporting to the Prime Minister for a decision. The Ministry of Foreign Affairs shall be responsible for notifying the Prime Minister's decision;

- For main border gates: The provincial People's Committee with border gates shall decide after coordinating with the local authority of the opposite province of the country sharing the common border and reporting to the Prime Minister. The provincial People's Committee with border gates shall be responsible for notifying relevant agencies to implement;

9. State management agencies at border gates include: Border Guard; Customs; Health Quarantine; Animal Quarantine; and Plant Quarantine;

- State management agencies at border gates operate according to their functions, tasks, and authorities prescribed by law and have the responsibility to cooperate and coordinate in performing their tasks and resolving incidents related to their sectors at the border gate;

- When performing their duties, officers, soldiers, and staff of functional sectors must wear uniforms, insignias, and identification badges as prescribed by each sector;

10. The Border Guard Post Commander shall take the lead and coordinate with state management agencies at the border gate and local authorities to resolve issues related to border gate management, protection of national sovereignty, security, maintaining social security, order, and safety in the border gate area;

- Deploying and utilizing personnel, various types of equipment, weapons, military supplies, technical equipment, and support tools; conducting border guard operational measures; keeping track of the situation, managing the area and subjects, maintaining social security, order, and safety in the border gate area;

- Deploying forces to inspect and control entry and exit at the border gate; guiding and supervising the entry and exit activities of persons and means of transport;

- Struggling against crime prevention, combating smuggling, and commercial fraud;

- Implementing border defense foreign affairs work in accordance with the law;

- Detecting, preventing, apprehending, and handling violations of the Border Gate Regulations, Border Area Regulations, Vietnamese laws, and international treaties to which the Socialist Republic of Vietnam is a party;

11. Responsibilities of the Border Gate Management Board

- Carry out functions, tasks, and authorities as decided by the Chairman of the People's Committee of the province with a border gate;

- Organize and chair meetings and briefings with specialized state management agencies at the border gate;

- Chair and direct the resolution of issues within the scope of administrative management, public order, social safety, hygiene, environment, foreign affairs, and activities ensuring operations at the border gate;

- Request specialized state management agencies at the border gate to report measures and results of resolving arising difficulties;

- Recommend to the Chairman of the People's Committee of the district or city directly under the Central Government to resolve arising difficulties within their authority related to the implementation of the Border Gate Regulation;

IV. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. Annually, the Border Guard Command shall base on requirements for managing and protecting the national border, maintaining security and public order in border areas, and inspecting and controlling entry and exit at border areas to prepare a budget estimate according to the content prescribed in Circular 162/2004/TTLT/BQP-BTC dated December 6, 2004 guiding the content of expenditures and budget management for implementing border management and protection work, maintaining security and public order, and social safety in border areas;

3. Annually, the People's Councils and People's Committees of provinces and centrally governed cities with border gates ensure the budget expenditure for surveying, planning, constructing border gates, sign systems, directional signs in specific areas of border gate zones, and administrative management activities as stipulated in Article 24 of Decree 140/2004/NĐ-CP dated June 25, 2004 of the Government detailing certain provisions of the National Border Law;

The preparation of estimates, execution, settlement, and management of budgets for surveying, planning, constructing border gates, sign systems, directional signs, and administrative management activities shall be carried out in accordance with the provisions of the State Budget Law;

4. The Border Guard Command shall be responsible for:

- Directing the Border Guard Commands of the provinces to organize and coordinate with the Department of Justice and relevant sectors to advise the Provincial People's Committee to organize conferences to disseminate the contents of Decree 32/2005/NĐ-CP and this Circular to all levels and sectors in the locality; widely publicize and propagate among the masses of people to implement uniformly;

- Assist the Ministry of Defense in monitoring, urging, and inspecting the organization and implementation; conduct mid-year reviews annually and report the results of implementation to the Ministry of Defense;

During the process of organizing and implementing, if there are any unsuitable issues, or when there are changes, adjustments, or upgrades to types of border gates, the Border Guard Commander shall propose and report to the Ministry of Defense./.