Decree No. 32/2005/ND-CP on the Border Gate Regulation

DECREE OF THE GOVERNMENT

Regarding the Border Gate Regulation

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on National Border dated June 17, 2003;

At the proposal of the Minister of National Defense,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. This Decree stipulates the Border Gate Regulation; regulates the activities of exit, entry, transit, export, import (abbreviated as exit, entry) through land border gates for persons, means of transport, goods, and other activities in the border gate area to manage, protect national border sovereignty and security.

Article 2. A land border gate (hereinafter referred to collectively as a border gate) includes international border gates, main border gates, and auxiliary border gates, opened on road, railway, inland waterway routes within the border area pursuant to the Agreement on Border Regulations signed between the Government of the Socialist Republic of Vietnam and the neighboring government to implement exit, entry, and cross-border movement.

Article 3.

1. An international border gate is opened for persons, means of transport, and goods from Vietnam, neighboring countries, and third countries to exit and enter through the national border.

2. A main border gate is opened for persons, means of transport, and goods from Vietnam and neighboring countries to exit and enter through the national border.

3. An auxiliary border gate is opened for persons, means of transport, and goods from Vietnam and neighboring countries in the border area and border regions to cross the national border.

4. The upgrading of border gates, the determination of road, railway, and inland waterway routes for transit shall be decided by the Government in accordance with Vietnamese laws or international treaties to which Vietnam is a party.

Article 4.

1. The specific scope of the international border gate and main border gate areas shall be determined by the provincial People's Committee after consultation with the Ministry of National Defense, the Ministry of Public Security, relevant ministries and sectors, and reported to the Prime Minister for decision.

2. The specific scope of the auxiliary border gate area shall be determined by the Border Guard Command of the province after consultation with the provincial Public Security Department, relevant sectors, and seeking opinions from the district People's Committee where the border gate is located regarding planning, and reported to the Chairman of the People's Committee of the province where the border gate is located for decision.

3. The border gate area shall have signs indicating "Border Gate Area." These signs shall be made according to a unified model by the Ministry of National Defense and placed in easily visible locations.

4. A control zone shall be established at the border gate for competent state agencies to carry out inspection, supervision, and exit, entry procedures in accordance with the law.

Article 5. All activities of agencies, organizations, individuals, domestic and foreign means of transport in the border gate area must comply with this Decree, other relevant legal provisions, and international treaties to which Vietnam is a party; in cases where international treaties to which Vietnam is a party provide different provisions, such treaty provisions shall apply.

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

Article 6.

1. Vietnamese citizens holding valid passports or travel documents may exit and enter through Vietnamese border gates.

2. Vietnamese citizens residing in border areas when crossing into neighboring border areas must hold travel documents or border certificates issued by the People's Committee or public security police station, commune, ward, town.

Article 7.

1. Foreigners entering and exiting Vietnam must hold valid passports or documents substituting for passports (collectively called passports) and must have visas issued by competent Vietnamese state authorities, except in cases exempted from visa requirements.

2. Persons residing in neighboring border areas when crossing into Vietnamese border areas must hold travel documents or border certificates in accordance with the Agreement on Border Regulations signed between Vietnam and the relevant neighboring country.

Article 8.

1. Domestic and foreign means of transport when exiting and entering through border gates must have the following documents:

a) Vehicle registration certificate;

b) International carriage permit;

c) Passenger and cargo transportation permit (if applicable);

d) Technical safety and environmental protection certificate.

2. The person operating the means of transport, passengers on board, and goods must have the following documents:

a) Documents prescribed in Article 6, Article 7, and Article 9 of this Decree;

b) Means of transport operation permit (for the operator of the means of transport).

Article 9. Exported, imported, transited goods and means of transport exiting, entering, and transiting through border gates must have complete legal documents and comply with customs principles and procedures, other relevant Vietnamese laws, and international treaties to which Vietnam is a party.

Article 10. Cross-border procedures at auxiliary border gates are conducted at border guard checkpoints in accordance with the law.

CHAPTER III
MANAGEMENT OF ACTIVITIES IN THE BORDER GATE AREA

Article 11. The border gate area includes:

1. Transit area (for international border gates).

2. Inspection and control area for means of transport and goods when exiting and entering the border.

3. Waiting area for processing procedures.

4. Exit and entry processing area for functional agencies.

5. Office premises of functional agencies and related agencies.

6. Storage and stacking area for goods awaiting export and import.

7. Duty-free shop area.

8. Service and trade activity area.

9. Parking and docking area.

10. Restricted area; other areas (if any).

Article 12.

1. Persons temporarily residing in the border gate area.

a) Staff, soldiers, and employees of specialized state management agencies and related agencies having offices or working premises in the border gate area;

b) Employees of agencies, organizations, and individuals engaged in service and trade activities in the border gate area.

2. In cases where persons, means of transport, or goods remain in the border gate area due to incomplete exit procedures or damaged means of transport or goods, they must register temporary residence as required and be subject to inspection and supervision by the Border Gate Police Station.

Article 13.

1. For service and trade activities of agency, organization, and individual employees in the border gate area, permits must be obtained from the People's Committee or specialized management agencies in accordance with their authority.

2. Persons, means of transport, and goods exiting and entering through border gates must have complete legal documents and be subject to inspection and supervision by competent agencies at the border gate in accordance with the law.

Article 14. In the border gate area, all activities of persons and means of transport must comply with the regulations of the Government on the Border Area Regulations, the provisions of this Decree, and be subject to guidance, inspection, and control by competent authorities as prescribed by law.

Article 15. The following activities are strictly prohibited in the border gate area:

1. Acts that alter the signs or direction of the national boundary line; change the natural flow of border rivers and streams; damage national boundary markers and other facilities and equipment, signs in the border gate area, border zones, restricted areas.

2. Using counterfeit passports or other documents; organizing, guiding, transporting people to exit or enter the country illegally.

3. Inciting or engaging in acts that undermine security, disrupt public order, refuse or obstruct specialized management forces from conducting inspections and controls; using, selling, transporting, or promoting harmful materials, books, publications, and cultural products.

4. Smuggling, transporting, or using prohibited goods, currency, weapons, explosives, flammable substances, toxic chemicals, radioactive materials, narcotics, and other items banned for export or import by the State.

5. Trafficking women and children.

6. Using vehicles to pick up or drop off people, load or unload goods at unauthorized locations, or enter restricted areas.

7. Persons and means of transport entering or leaving the border gate area without proper documentation or failing to complete required procedures as prescribed by law.

8. Dumping waste that causes unsanitary conditions or environmental pollution.

9. Any other activities contrary to current laws and regulations.

PART IV
RESPONSIBILITY FOR MANAGING ACTIVITIES
CROSSING THE BORDER GATE

Article 16.

1. The Government shall uniformly manage all activities of crossing the border gate nationwide.

2. Ministries and functional agencies within their respective duties and powers shall be responsible for directing and guiding specialized forces and agencies under their jurisdiction at border gates to conduct inspections, controls, and handle procedures for crossing according to the law.

3. Provincial People's Committees with border gates shall coordinate with ministries and functional agencies to plan, construct border gates, ensuring activities of crossing and inspections and controls in the border gate area.

Article 17. In cases where there are reasons of national defense, security, special circumstances, or upon request of the relevant foreign country, the decision-making authority to limit or suspend activities and cross-border movements is as follows:

1. The Prime Minister decides to limit or suspend activities at international border gates based on the proposal of the Minister of National Defense; for other cases, it shall be carried out according to the law.

2. The Chairman of the Provincial People's Committee decides to limit or suspend cross-border activities at secondary border gates based on the proposal of the Commander of the Border Guard Force of the province.

3. The Commander of the Border Guard Force of the province:

- Decides to limit or suspend activities at main border gates (excluding international border gates) not exceeding six hours.

- Decides to limit or suspend activities at secondary border gates or temporary crossing routes not exceeding twelve hours.

4. The Station Commander of the Border Guard Station has the authority to decide to limit or suspend activities at secondary border gates or temporary crossing routes not exceeding six hours.

Article 18.

1. At international border gates and main border gates, inspection stations shall be constructed according to unified planning, ensuring the operation of specialized state management agencies along a chain of controls:

Exit Gate: Customs - Quarantine (health, animals, plants) - Border Guard;

Entry Gate: Border Guard - Quarantine (health, animals, plants) - Customs;

2. At secondary border gates, inspection stations shall be constructed according to unified planning by the Provincial People's Committee. 3. Specialized state management agencies operating at border gates shall be arranged to work in inspection stations suitable to their functions and responsibilities.

1. Specialized state management agencies at border gates shall operate according to their functions, duties, and powers prescribed by law and have the responsibility to cooperate and coordinate in performing tasks and resolving issues arising at border gates.

Article 19.

2. Officials, soldiers, and staff of specialized state management agencies at border gates, while on duty, must wear uniforms, badges, and inspection insignia as prescribed.

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

Article 20. Organizations, entities, and individuals who achieve outstanding results in implementing this Decree shall be commended according to the law.

CHAPTER V
REWARD AND VIOLATION HANDLING

Article 21. All violations by organizations and individuals against the provisions of this Decree shall be handled according to the law.

Article 22. 1. Annually, the Ministry of National Defense shall coordinate with the Ministry of Finance and the Ministry of Planning and Investment to prepare the budget for implementing this Decree.

Chapter VI
IMPLEMENTING PROVISIONS

Article 23. This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.

Article 24.

2. The Ministry of National Defense shall take the lead and coordinate with relevant ministries and agencies to guide and inspect the implementation of this Decree.

2. 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.

Article 25. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.