Circular No. 34/2016/TT-BCT details the activities of traders engaging in cross-border trade of goods as stipulated in Decision No. 52/2015/QĐ-TTg dated October 20, 2015, of the Government Chairman on managing border trade with neighboring countries sharing borders with Vietnam.

CIRCULAR

Detailed regulations on cross-border trade activities of traders as provided for in Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Government Chairman regarding management of border trade with neighboring countries.of Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Government Chairman concerning the management of border trade with neighboring countries.of Decision No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international goods trading activities and agency buying, selling, processing, and transiting goods with foreign countries.Pursuant to Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Government Chairman concerning the management of border trade with neighboring countries;

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;

On the basis of The Minister of Industry and Trade issues this Circular detailing the cross-border trade activities of traders as provided for in Chapter II of Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Government Chairman concerning the management of border trade with neighboring countries.;

This Circular applies to Vietnamese traders; other agencies, organizations, and individuals involved in cross-border trade activities as stipulated in Decision No. 52/2015/QĐ-TTg.

At the proposal of the Director of the Import-Export Department,

Article 3. Traders engaging in cross-border trade through border gates and border crossings

Article 1. Scope of Regulation

1. Traders permitted to engage in cross-border trade activities are Vietnamese traders, including enterprises, individual households, cooperatives as prescribed by law.

2. In cases where Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a party provide that foreign-invested traders, foreign companies and their branches in Vietnam may engage in cross-border trade activities, such activities shall be carried out according to the provisions of this Circular.

Article 2. Applicability

Article 4. Documents and procedures for registration to conduct cross-border trade activities through border gates and border crossings

1. Based on technical infrastructure conditions at border gate and border crossing areas, the People's Committee of the province selects traders who meet the legal requirements to carry out cross-border trade activities through these border gates and border crossings.

2. Traders as specified in Clause 1 of Article 3 of this Circular submit one set of documents to the Department of Industry and Trade of the border province where the border gate or border crossing is located. The documents include:

a) A registration form for cross-border trade activities through border gates and border crossings as prescribed in Appendix I attached to this Circular: one original copy.

b) Investment certificate or business registration certificate/trading registration certificate/household business registration certificate/cooperative registration certificate: one copy certified true copy by the trader.

3. Within four working days from the date of receipt of complete documents, the Department of Industry and Trade submits a list of traders meeting the legal requirements to the People's Committee of the border province for conducting cross-border trade activities through border gates and border crossings.

4. Within three working days from the date of receipt of the list proposed by the Department of Industry and Trade, the People's Committee of the border province announces the list of traders permitted to conduct cross-border trade activities through border gates and border crossings. If the selection of traders is rejected, the People's Committee of the border province responds in writing to the traders and specifies the reasons.

5. The People's Committee of the border province announces the list of traders permitted to conduct cross-border trade activities through border gates and border crossings on mass media and sends the list to the Ministry of Industry and Trade.

6. Quarterly, the People's Committee of the border province checks and reviews the compliance of traders with legal regulations to adjust, supplement, or remove traders violating regulations in cross-border trade activities; summarizes and reports to the Ministry of Industry and Trade for coordinated management.

3. Within four (4) working days from the date of receiving valid files, the Department of Industry and Trade shall submit to the People's Committee of the border province a list of traders meeting the conditions stipulated by law for conducting trade activities through sub-border gates and border passages.

4. Within three (3) working days from the date of receiving the proposed list from the Department of Industry and Trade, the People's Committee of the border province shall announce the list of traders permitted to conduct trade activities through sub-border gates and border passages. In case of refusal to select a trader, the People's Committee of the border province shall respond in writing to the trader and specify the reasons.

5. The People's Committee of the border province shall notify the list of traders permitted to conduct trade activities through sub-border gates and border passages on mass media and send the list to the Ministry of Industry and Trade.

6. Quarterly, the People's Committee of the border province shall inspect and review the compliance with legal regulations by traders, adjust, supplement, or remove traders who violate regulations in cross-border trade activities from the list; compile and report to the Ministry of Industry and Trade for coordination in management.

Article 5. Goods traded across borders by traders

1. Goods traded across borders by traders shall be implemented in accordance with Clause 1 of Article 6 of Decision No. 52/2015/QĐ-TTg.

2. Goods exported through secondary border gates, open border crossings

Goods exported through secondary border gates, open border crossings must comply with the provisions set out in Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries.

3. Goods imported through secondary border gates, open border crossings

a) For secondary border gates, open border crossings within border economic zones, imported goods must comply with the provisions set out in Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries.

b) For secondary border gates, open border crossings outside border economic zones, only the importation of raw materials, fuels, materials, and supplies for domestic production according to the list of goods specified in Appendix II attached hereto is allowed.

c) For raw materials, fuels, materials, and supplies for domestic production not included in the list of goods specified in Appendix II attached hereto, importation through secondary border gates, open border crossings outside border economic zones during a specific period announced by the People's Committee of the border province after consulting the Ministry of Industry and Trade is permitted.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; ll other technical means and equipment;h) Circular No. 05/2020/TT-BKHĐT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing certain articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Minister of Planning and Investment detailing the selection of contractors through the National Public Procurement Network. Object (if poor household, mark secondary border gates, open border crossings carrying out, if currently purchase bJune 2024;For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. htoenergy hshalla email - Column (2) records the type of mineral and its export quality.êFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. category of ENVIRONMENTograms andenergy ealthâFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

1. Based on current laws, the People's Committee of the border province announces secondary border gates, open border crossings within its jurisdiction where traders can engage in cross-border trade.

2. In cases where secondary border gates, open border crossings are congested due to overload or blockage, the People's Committee of the border province shall manage and apply measures to implement:

a) Prioritize the export of fresh food products, perishable agricultural products, and other export goods; or

b) Regulate the import of goods through secondary border gates, open border crossings so as not to affect exports.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 7. Sales inventory htoenergy hshalla email - Column (2) records the type of mineral and its export quality.êFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. category of ENVIRONMENTograms andenergy ealthâFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

The sales inventory of goods traded across borders in accordance with Clause 2 of Article 9 of Decision No. 52/2015/QĐ-TTg shall be carried out in accordance with the model specified in Appendix III attached hereto.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 8. Implementation organization

1. The Ministry of Industry and Trade shall be responsible for:

a) Guide the implementation of this Circular, compile opinions from relevant agencies, organizations, individuals, and traders engaged in cross-border trade to resolve difficulties and obstacles during the implementation process.

b) Guide and inspect relevant agencies, organizations, traders, and other individuals in implementing the provisions of this Circular.

2. The People's Committee of border provinces shall be responsible for:

a) Organize the management of cross-border trade activities of traders within its jurisdiction in accordance with this Circular and related documents.

b) Establish coordination mechanisms among functional forces and regulate goods at border gates to prevent congestion, smuggling, and commercial fraud within the province.

c) Implement information and reporting systems to the Ministry of Industry and Trade on cross-border trade activities of traders every six months or report promptly upon request of the Ministry of Industry and Trade.

3. Traders, relevant agencies, organizations, and individuals involved in cross-border trade activities are responsible for strictly implementing the provisions of this Circular.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 9. Effectiveness ect htoealth

1. Transitional Provisions

Announcements selecting traders to engage in cross-border trade through secondary border gates, open border crossings issued by the People's Committee of the border province before the effectiveness of this Circular shall continue to be implemented.

2. Effective Date

a) This Circular takes effect from February 15, 2017.

b) This Circular abolishes Circular No. 52/2015/TT-BCT dated December 30, 2015 of the Ministry of Industry and Trade detailing the implementation of cross-border trade activities of traders under Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Prime Minister on the management of border trade with neighboring countries.

c) Abolish related documents guiding the implementation of Circular No. 52/2015/TT-BCT.

d) During the implementation process, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, and traders engaged in border trade shall reflect them in writing to the Ministry of Industry and Trade for timely consideration and resolution./.