Circular No. 22/2014/TT-BCT detailing certain contents of the regulation on managing activities at border gate customs areas issued together with Decision No. 45/2013/QĐ-TTg dated July 25, 2013 of the Prime Minister.

CIRCULAR

Detailed regulations on certain contents of the management regime for activities at border gates issued together with Decision No. 45/2013/QĐ-TTg dated July 25, 2013 of the Prime Ministerthe terrestrial border gates attached to Decision No. 45/2013/QD-TTg dated July 25, 2013 of the Government Prime Minister

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decision No. 45/2013/QĐ-TTg dated July 25, 2013 of the Prime Minister on the issuance of the Management Regime for Activities at Border Gates;

At the proposal of the Director of the Department of Border Trade and Mountainous Areas;

The Minister of Industry and Trade issues this Circular detailing certain contents of the Management Regime for Activities at Border Gates issued together with Decision No. 45/2013/QĐ-TTg dated July 25, 2013 of the Prime Minister,

Article 1. Scope of Regulation

This Circular details certain contents regarding the Border Gate Management Board, the Head of the Border Gate Management Board, the Office of the Border Gate Management Board, the Gate Regulations, fees, and charges under the Management Regime for Activities at Border Gates issued together with Decision No. 45/2013/QĐ-TTg (hereinafter referred to as the Regime).

Article 2. Applicability

This Circular applies to the Border Gate Management Board, the Head of the Border Gate Management Board (hereinafter referred to as the Gate Head), relevant agencies, organizations, and individuals involved in the management and operation of border gates as stipulated in Article 2 of the Regime.

Article 3. Border Gate Management Board and Gate Head

1. In cases where the annual value of goods trade turnover at international border gates and main border gates (hereinafter referred to as border gates) is less than 1,000 billion VND:

a) For border gates located outside Special Economic Zones: The Border Gate Management Board shall be established according to Clause 1, Article 9 of the Regime; the Gate Head shall perform according to Point b, Clause 2, Article 12 of the Regime.

b) For border gates located within Special Economic Zones and currently having a Special Economic Zone Management Board: The Border Gate Management Board shall operate according to Clause 2, Article 9 of the Regime; the Gate Head shall perform according to Point a, Clause 2, Article 12 of the Regime.

c) For border gates located within Special Economic Zones but without a Special Economic Zone Management Board: The Special Economic Zone Management Board of the province shall undertake the functions and responsibilities of the Border Gate Management Board; the Gate Head shall concurrently hold the position of the Head of the Special Economic Zone Management Board of the province.

2. In cases where the annual value of goods trade turnover at border gates is 1,000 billion VND or more:

a) For border gates located outside Special Economic Zones: The Border Gate Management Board shall be established according to Clause 1, Article 9 of the Regime; the Gate Head shall perform according to Point c, Clause 2, Article 12 of the Regime.

b) For border gates located within Special Economic Zones and currently having a Special Economic Zone Management Board: The Border Gate Management Board shall operate according to Clause 2, Article 9 of the Regime; the Gate Head shall perform according to Point c, Clause 2, Article 12 of the Regime.

c) Other cases shall be reported by the Head of the Central Border Trade Steering Committee to the Prime Minister for consideration and decision.

Article 4. Office of the Border Gate Management Board

1. The Border Gate Management Board stipulated in Article 9 of the Regime has an Office of the Border Gate Management Board as an assisting unit for the Gate Head.

2. The Office of the Border Gate Management Board may be organized in one of the following cases:

a) In cases where the annual value of goods trade turnover at border gates is 1,000 billion VND or more: The Office of the Border Gate Management Board shall be established at each international border gate and main border gate.

b) In cases where the annual value of goods trade turnover at border gates is less than 1,000 billion VND: The Office of the Border Gate Management Board shall be located at the Special Economic Zone Management Board of the province (or the Special Economic Zone Management Board) or the Department of Industry and Trade.

3. The Office of the Border Gate Management Board shall have dedicated staff and the number of contractual employees as prescribed in Clause 3, Article 12 and Article 14 of the Regime.

Article 5. Gateway Regulations

The gateway regulations shall be established by the Gateway Management Board in accordance with the guidelines set forth in the Appendix attached to this Circular and submitted to the Chairman of the Provincial People's Committee for approval and issuance.

Article 6. Operating Expenses

1. The Gateway Management Board is a service entity with revenue, self-financing part of its regular operating expenses, with the remaining portion being provided by the State Budget according to Clause 1 of Article 16 of the Charter.

2. The Gateway Management Board exercises autonomy and assumes financial responsibility in accordance with the provisions of Government Decree No. 43/2006/NĐ-CP dated April 25, 2006, which stipulates the rights to self-management, self-responsibility for performing tasks, organizational structure, staffing, and finance for public service entities.

Article 7. Fees and Charges

1. The Gateway Management Board is authorized to collect various fees and charges for services or state management activities provided by the Gateway Management Board as prescribed by current laws on fees and charges.

2. The Gateway Management Board shall publicly announce and post information about services subject to fees and charges, along with the rates for each service at the office of the Gateway Management Board.

Article 8. Information and Reporting System

1. The Gateway Management Board shall implement an information and reporting system regarding import and export activities of goods; entry and exit of persons and transportation vehicles; trade support services activities; coordination work with local authorities and border gate management agencies of neighboring countries; and other activities at the border gate on a monthly, quarterly, semi-annual, and annual basis or as required; periodic and ad hoc reports shall be sent to the Department of Industry and Trade, the Provincial People's Committee, the Central Border Trade Steering Committee and provincial level, the Ministry of Industry and Trade, and relevant ministries and sectors.

2. The Gateway Management Board has the duty and obligation to provide ad hoc information and reports upon request from competent authorities as stipulated by law.

Article 9. Implementation Organization

1. This Circular takes effect from September 1, 2014.

2. The Gateway Management Board, the Chief of the Border Gate, related agencies, organizations, and individuals during the implementation of the Charter shall be responsible for enforcing this Circular.

3. The People's Committee of the province shall manage, direct, and control the activities of the Gateway Management Board at the border gate within its jurisdiction and be responsible for organizing the implementation in accordance with this Circular.

In the course of implementation, if there are any difficulties, agencies, organizations, and individuals are requested to report to the Ministry of Industry and Trade for research and appropriate amendments and supplements./.