Decision No. 21/2008/QĐ-BCT on the issuance of the regulations on the operation of the Border Trade Steering Committee with neighboring countries sharing borders with Vietnam.

Pursuant to …;

Regarding the issuance of regulations on the operation of the Border Trade Steering Committee with countries sharing borders with Vietnam

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THE MINISTER OF INDUSTRY AND TRADE

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 Decision No. 254/2006/QĐ-TTg dated November 7, 2006, of the Government Chairman on managing border trade activities with countries sharing borders;
Considering the proposal of the Deputy Minister in charge of Mountainous Region Trade Department,

DECISION:

Article 1. Issuing along with this Decision the Regulations on the Operation of the Border Trade Steering Committee with countries sharing borders with Vietnam.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 1684/2004/QĐ-BTM dated November 16, 2004, of the Minister of Trade on establishing the Border Trade Steering Committee and promulgating the Regulations on its operations for cross-border trade between Vietnam and neighboring countries.

Article 3. Heads of relevant ministries and sectors, Chairpersons of People's Committees of land border provinces; Director of the Office, Heads of relevant Departments and Divisions, and Deputy Minister in charge of Mountainous Region Trade Department of the Ministry of Industry and Trade are responsible for implementing this Decision.

REGULATIONS

Operation of the Border Trade Steering Committee with countries sharing borders with Vietnam

(Issued together with Decision No. 21/2008/QĐ-BCT dated July 31, 2008, of the Minister of Industry and Trade)

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Chapter I.

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. These regulations stipulate the operation of the Border Trade Steering Committee with countries sharing borders with Vietnam (hereinafter referred to as the Steering Committee), responsibilities of relevant ministries and sectors, People's Committees of border provinces, members of the Steering Committee, provincial-level Border Trade Steering Committees (hereinafter referred to as provincial-level Steering Committees), and related units of the Ministry of Industry and Trade in managing border trade activities with neighboring countries.

Members of the Steering Committee, provincial-level Steering Committees, and related units of the Ministry of Industry and Trade according to their assigned functions and tasks shall be responsible for implementing these regulations to ensure stable and developing border trade activities.

Article 2. Principles of Operation

Clause 1. The Steering Committee operates based on democratic principles and adheres to the decisions of the Chairman, subsequently reporting to the Minister of Industry and Trade for approval; reporting to the Prime Minister on matters exceeding authority.

Clause 2. The Chairman of the Provincial People's Committee issues decisions to establish and define the functions, tasks, powers, and operating budget of the provincial-level Steering Committee.

Chapter II.

TASKS AND AUTHORITIES

Article 3. Tasks and Limitations

Point 1. The Chairman of the Steering Committee is responsible for:

a) Organizing and directing the operation of the Steering Committee;

b) Assigning tasks to members;

c) Being accountable to the Minister of Industry and Trade regarding the operation of the Steering Committee.

Point 2. The Vice-Chairman in charge of day-to-day operations is responsible for:

a) Assisting the Chairman in directing certain areas of activity and being accountable to the Chairman for assigned tasks;

b) Coordinating work among Steering Committee members, urging members to fulfill assigned tasks;

c) Representing the Chairman in chairing meetings and working with ministries, sectors, and localities to resolve issues related to border trade activities;

d) Fulfilling other tasks assigned by the Chairman.

Point 3. Members of the Steering Committee are responsible for:

a) Being accountable to the heads of related units and simultaneously to the Chairman;

b) Proposing opinions of ministries, sectors, and localities on issues related to managing border trade activities;

c) Attending all Steering Committee meetings and joint activities; in case of job transfer, reporting and recommending successors to the Chairman;

d) Representing ministries, sectors, and localities in coordinating work with other ministries, sectors, and localities in managing border trade activities within their areas of concern.

Point 4. Ministries, sectors, and People's Committees of border provinces are responsible for:

a) Through their representatives as members of the Steering Committee, effectively implementing inter-sectoral coordination mechanisms to facilitate healthy, stable, and lawful development of border trade activities according to current laws;

b) Creating conditions for Steering Committee members to fully participate in activities and fulfill tasks assigned by the Steering Committee Chairman.

Chapter III.

REPORTING AND MEETING REGIME

Article 5. Reporting System

Clause 1. Members of the Steering Committee are responsible for strictly implementing periodic reports (monthly, quarterly, semi-annually, annually) or ad hoc reports as required by the Chairman on the situation of border trade activities under their jurisdiction.

a) For Steering Committee members from ministries and sectors: report on the situation of border trade activities managed by their ministry or sector, prominent issues, difficulties arising, and proposed solutions.

b) For provincial-level Steering Committees: report on the situation of border trade activities in their province including formal and informal trade, resident trade through border gates; trading activities at border markets, gate markets, and markets in border economic zones; border economic zone trade activities; implementation of policies towards traders, goods, and residents in border regions; anti-smuggling and commercial fraud; proposals and recommendations.

Clause 2. Reports are to be sent to the Permanent Office: Mountainous Region Trade Department - Ministry of Industry and Trade.

Clause 3. The Permanent Office of the Steering Committee is responsible for compiling and reporting to the heads of relevant ministries and sectors, Chairpersons of People's Committees of border provinces, and the Prime Minister.

Article 6. Meeting System

1. The Standing Board shall convene regular meetings every three months; the time, place, and participants of such meetings shall be decided by the Chairman.

2. The Chairman may convene extraordinary meetings as required by work needs; the time, place, and participants of such meetings shall be decided by the Chairman.

3. The Board shall organize regular meetings every six months with provinces bordering each country (China, Laos, and Cambodia); the time, place, and participants of such meetings shall be alternately decided by the Chairman in the respective provinces.

4. The Board shall convene summary meetings every two years; the time, place, and participants of such meetings shall be decided by the Chairman.

5. The Chairman of the Board shall preside over the Board's meetings. In the absence of the Chairman, the Deputy Chairman shall be authorized to preside over the meeting. Depending on the nature and content of the meeting, the Chairman shall decide the participants.

6. At least fifteen days prior to regular meetings, the Permanent Office-Mountainous Region Trade Department must send the agenda and requirements of the meeting for members to study and prepare.

Chapter IV.

IMPLEMENTING PROVISIONS

Article 7. Responsibilities in Implementation

1. The Chairmen, Deputy Chairmen, and members of the Board; Heads of related agencies, People's Committees of border provinces; Directors of the Office, Department Heads, Bureau Chiefs, and related Departments and Bureaus of the Ministry of Industry and Trade shall be responsible for implementing this Regulation.

2. The Mountainous Region Trade Department shall be responsible for monitoring, compiling relevant documents, preparing meeting contents; reporting to the Ministry of Industry and Trade on the implementation of this Regulation by members and related agencies.

Article 8. Supplement and Amendment

During the course of implementation, if there are any difficulties or new issues, Board members shall report to the Permanent Office of the Board for compilation, recommendation for resolution, and supplementation.