Decree No. 34/2023/ND-CP Amending and supplementing some articles of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE GOVERNMENTAL DECREE NUMBER 112/2014/NĐ-CP

DATED NOVEMBER 21, 2014 ON

BORDER GATE MANAGEMENT

On the basis of Law on Government Organization dated June 19, 2015;

On the basis of Law on Local Administration Organization dated June 19, 2015;

On the basis of Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of Law on National Border dated June 17, 2003;

On the basis of Law on Border Defense dated November 11, 2020;

On the basis of Law on Exit and Entry of Vietnamese Citizens dated November 22, 2019;

On the basis of Law on Entry and Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014; Law Amending and Supplementing Certain Provisions of the Law on Entry and Exit, Transit, and Residence of Foreigners in Vietnam dated November 25, 2019;

On the basis of Law on Foreign Trade Management dated June 12, 2017;

On the basis of Law on Planning dated November 24, 2017;

"Based on the proposal of the Minister of National Defense;"

The Government issues this Decree amending and supplementing certain provisions of the Governmental Decree No. 112/2014/NĐ-CP dated November 21, 2014 on border gate management.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No. 112/2014/NĐ-CP dated November 21, 2014 on border gate management

1. Amend Clause 2, Clause 3, and add Clause 11 to Article 3 as follows:

a) Amending Clause 2 as follows:

“2. A land border gate (hereinafter referred to as a border gate or a gate) is a place where exit, entry, export, import, and cross-border activities take place on land. A border gate may include one or more types of operational characteristics: Road border gate, railway border gate, and inland waterway border gate.”

b) Amending Clause 3 as follows:

“3. An inland waterway border gate (waterway border gate/river border gate) is a border gate opened on inland waterways passing through national borders on land.”

c) Add Clause 11 as follows:

“11. Border gate planning is the process of determining the direction for developing the system of border gates along each land border between Vietnam and China, Vietnam and Laos, and Vietnam and Cambodia.”

2. Amending Article 4 as follows:

“Article 4. Types of border gates; border crossing paths; customs clearance routes, dedicated cargo transport roads within international border gates, main border gates (bilateral border gates)

1. Types of border gates

a) International border gates are opened for Vietnamese and foreign individuals and means of transportation to exit and enter; goods and items for export and import;

b) Main border gates (bilateral border gates) are opened for Vietnamese and neighboring country individuals and means of transportation to exit and enter; goods and items for export and import;

c) Subsidiary border gates (local border gates) are opened for Vietnamese and neighboring country individuals and means of transportation from the border province where the border gate is located to exit and enter; goods and items for export and import.

2. Border crossing paths (paths through border markets, paired border markets; border goods clearance points; temporary crossing paths) are opened for residents on both sides of the border, their means of transportation, and goods and items according to the provisions of the Governmental Decree No. 14/2018/NĐ-CP dated January 23, 2018 detailing border trade activities; or in cases of force majeure or special requirements of both sides of the border.

3. Customs clearance routes, dedicated cargo transport roads within international border gates, main border gates (bilateral border gates) are opened for exporting and importing goods and items or for other border crossings as agreed between the Government of the Socialist Republic of Vietnam and its neighboring countries sharing the border gate.

4. Types of border gates; border crossing paths; customs clearance routes, dedicated cargo transport roads, and subjects exiting, entering, exporting, and importing through each type of border gate; border crossing paths; customs clearance routes, dedicated cargo transport roads are implemented along each land border between Vietnam and China, Vietnam and Laos, and Vietnam and Cambodia according to the provisions of treaties and agreements between Vietnam and its neighboring countries.

3. Amend Clause 1, Clause 2, and add Clause 4, Clause 5 to Article 6 as follows:

a) Amend Clause 1 as follows:

“1. Border Guard Force at border gates

a) Advise the Ministry of National Defense to implement state management responsibilities over border gates under the responsibility of the Ministry of National Defense;

b) Manage and protect the national border, the national boundary marker system, boundary markers, boundary signs, border works within the border gate area, border gate works; take the lead and coordinate with security, public order, social safety organizations, and protect the legitimate rights and interests of agencies, organizations, and individuals in the border gate area according to the law;

c) Control exit and entry at border gates managed by the Ministry of National Defense; perform border procedures, issue, amend, supplement, revoke visas, issue temporary residence certificates according to the law on exit and entry; inspect and handle violations of the law on exit and entry at border gates managed by the Ministry of National Defense; inspect and control means of transportation when there are signs of violation of the law, handle means of transportation violating the law in the border area, border gate area according to the law;

d) Coordinate to inspect and supervise goods and items exported and imported through border gates, ensuring the security of exported and imported goods; prevent smuggling and commercial fraud;

đ) Take the lead and coordinate with specialized administrative agencies at border gates to establish regulations for cooperation in operations in implementing tasks at border gates.”

b) Amend Clause 2 as follows:

“2. Customs Authority at border gates shall take the lead in performing customs procedures, inspecting, supervising, and controlling goods for export, import, transit, and baggage of individuals exiting and entering; preventing smuggling and illegal transportation of goods across the border. Coordinate in controlling means of transportation for exit, entry, and transit. Organize the implementation of tax laws on exported and imported goods and other tasks as prescribed by the Customs Law.”

c) Add Clause 4 as follows:

"4. The specialized state management agencies at border gates shall be responsible for connecting and sharing information in the fields of export, import, transit of goods; exit, entry, transit of persons and means of transport under the national single-window mechanism."

d) Supplement Clause 5 as follows:

"5. Based on their functions, tasks, and authorities as prescribed by law, the specialized state management agencies at border gates may establish mechanisms for exchange and negotiation with the relevant agencies at the opposite border gate to coordinate in resolving issues within their areas of responsibility in activities of exit, entry, export, and import."

4. Amend Point a Clause 1 and Point a Clause 2 Article 8 as follows:

a) Amend point a, Clause 1 as follows:

“a) Vietnamese citizens exiting and entering through border gates must ensure conditions as stipulated in Articles 33 and 34 of the Law on Exit and Entry of Vietnamese Citizens.”

b) Amending Point a Clause 2 as follows:

“a) Foreigners exiting and entering through border gates must ensure conditions as stipulated in Articles 20 and 27 of the Law on Entry and Exit, Transit, and Residence of Foreigners in Vietnam, amended and supplemented in Clause 11 and Clause 12 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Entry and Exit, Transit, and Residence of Foreigners in Vietnam.”

5. Amend Clause 1, Clause 2, and Point c Clause 3 Article 9 as follows:

a) Amend Clause 1 as follows:

“1. Vietnamese and foreign vehicles when exiting and entering through border gates must comply with Vietnamese laws and international treaties on transportation to which the Socialist Republic of Vietnam is a member, and must be subject to inspection, control, and supervision by the specialized state management agencies at the border gates.”

b) Amend Clause 2 as follows:

“2. Vietnamese and foreign vehicles when exiting and entering through border gates must have the types of documents as prescribed by Vietnamese laws and the provisions of international treaties to which the Socialist Republic of Vietnam is a member.”

c) Amend Point c Clause 3 as follows:

“c) Other documents as prescribed by law and international treaties on transportation to which the Socialist Republic of Vietnam is a member.”

6. Amend Point c Clause 2 Article 11 as follows:

“c) Quarantine and medical treatment isolation zones; animal and animal product isolation and treatment zones.”

“Article 12. Competence to determine the scope of border gate areas; border crossing paths; dedicated cargo transport routes and planning for construction of border gate areas and border crossing paths

1. The Government decides to approve the scope of international border gate areas, main border gates (bilateral border gates); customs clearance routes, dedicated cargo transport routes.

2. Provincial People's Committee

a) Decides to approve the scope of sub-border gate areas (local border gates), border crossing paths;

b) Takes the lead and coordinates with the Ministries of National Defense, Public Security, Foreign Affairs, Finance, Industry and Trade, Health, Natural Resources and Environment, Agriculture and Rural Development, Construction to determine the scope of international border gate areas, main border gates (bilateral border gates); customs clearance routes, dedicated cargo transport routes and reports to the Government for decision;

c) Takes the lead and coordinates with the Ministries of National Defense, Public Security, Foreign Affairs, Finance, Industry and Trade, Construction, Transport, Planning and Investment, Natural Resources and Environment to develop, review, and submit plans for construction of international border gate areas, main border gates (bilateral border gates) for approval by the Prime Minister;

d) Develops, reviews, and approves detailed construction plans and zoning plans for international border gate areas, main border gates (bilateral border gates);

đ) Develops, reviews, and approves plans for construction of sub-border gate areas (local border gates), border crossing paths.”

3. The Border Guard Command of the province takes the lead and coordinates with provincial departments including the Military Command, Public Security, Foreign Affairs, Industry and Trade, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transport, Natural Resources and Environment, and the People's Committee of the district having sub-border gates (local border gates), border crossing paths to determine the scope of sub-border gate areas (local border gates), border crossing paths and report to the Provincial People's Committee for decision.”

8. Add Clause 3 to Article 14 as follows:

“3. In cases where international treaties to which the Socialist Republic of Vietnam is a member provide different regulations on inspection and control chains as provided in Clauses 1 and 2 of this Article, such regulations shall be implemented according to the provisions of those international treaties.”

9. Amend Article 17 as follows:

“Article 17. Implementing restrictions or temporary suspension of cross-border activities at border gates; border crossing points; customs clearance routes, dedicated cargo transportation roads.

Restrictions or temporary suspension of cross-border activities at border gates; border crossing points; customs clearance routes, dedicated cargo transportation roads shall be carried out in accordance with the provisions of Clause 1, Point c Clause 2, Clause 4, Clause 5, Clause 6, and Clause 7, Article 11 of the Law on Border Defense of Vietnam.

“Article 18. Border gate planning

1. Border gate planning, construction, and development of the border gate system must be based on the specific conditions of each border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia, each locality, and must meet the requirements for economic and social development and ensure national defense, security, territorial sovereignty, as directed in regional planning, provincial planning; it must comply with the relevant laws on construction and planning.

2. The Prime Minister shall approve border gate planning along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia, and decide to adjust or supplement the planning when necessary.

3. The Ministry of Foreign Affairs

a) Take the lead and coordinate with the Ministries of National Defense, Public Security, Finance, Natural Resources and Environment, Industry and Trade, Transport, Planning and Investment, Agriculture and Rural Development, Construction, and Health to organize the establishment, review, and approval of tasks for border gate planning along each border line, including: Planning for border gates along the land border line between Vietnam and China, Planning for border gates along the land border line between Vietnam and Laos, Planning for border gates along the land border line between Vietnam and Cambodia according to the procedures stipulated in Appendix I of this Decree;

b) Take the lead and coordinate with the agencies mentioned in Point a Clause 3 of this Article and related localities to establish, review border gate planning along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia for submission to the Prime Minister for consideration and approval according to the procedures stipulated in Appendix I of this Decree;

c) Organize the publication and provision of information on planning; organize the implementation, evaluation, and proposal for adjustment or supplementation of border gate planning along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia according to the provisions in Appendix I of this Decree and relevant provisions of the Law on Planning."

11. Amend Point b, Point d Clause 1 and Point a Clause 2 of Article 19 as follows:

a) Amending Point b Clause 1 as follows:

“b) In line with bilateral agreements on border gate development between Vietnam and neighboring countries; within the scope of border gate planning along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia.

In special cases, the Government may decide to open or upgrade border gates not included in the border gate planning along each land border line between Vietnam and China, Vietnam and Laos, Vietnam and Cambodia to meet the requirements for economic and social development or to serve other urgent needs.”

b) Amend Point d Clause 1 as follows:

“d) Meet the general criteria specified in Appendix III attached to this Decree.”

c) Amend Point a Clause 2 as follows:

“a) The Government decides on the opening or upgrading of international border gates, main border gates (bilateral border gates), and the opening of customs clearance routes, dedicated cargo transportation roads in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.”

12. Amend the name of Article 20 and amend and supplement Point c, Point d, Point g Clause 1; Point a, Point c, Point d Clause 2 and add Clause 3 to Article 20 as follows:

a) Amend the name of Article 20 as follows:

“Article 20. Procedures for opening, upgrading border gates; border crossing paths; customs clearance routes, dedicated cargo transportation roads.

b) Amend point c, Clause 1 as follows:

“c) Within twenty working days from the date of concluding talks with the provincial border authority of the neighboring country, the provincial border People's Committee shall report to the Government (through the Ministry of Foreign Affairs) the dossier on the opening and upgrading of border gates (one set of dossier, including: Detailed report on the opening and upgrading of international border gates and main border gates (bilateral border gates); Master plan diagram and map of the area for opening and upgrading international border gates and main border gates (bilateral border gates) (original); original report on criteria for opening and upgrading international border gates and main border gates (bilateral border gates) (according to the criteria stipulated in Appendix III attached to this Decree); original impact assessment report on economy, society, national defense, and security; original report on volume of people, vehicles, and goods exiting and entering (for upgraded border gates); copy of the Memorandum of Understanding and negotiation records.”

“d) Within thirty working days from the date of receiving the dossier on the opening and upgrading of border gates reported by the provincial border People's Committee, the Ministry of Foreign Affairs shall take the lead and coordinate with the Ministries of National Defense, Public Security, Industry and Trade, Finance, Planning and Investment, Construction, Transport, Agriculture and Rural Development, Health, Natural Resources and Environment to conduct surveys at locations where international border gates and main border gates (bilateral border gates) need to be opened and upgraded.”

d) Amend Point g Clause 1 as follows:

“g) Within ten working days from the date of receiving the diplomatic note agreeing to open and upgrade border gates from the neighboring country, the Ministry of Foreign Affairs shall notify the provincial border People's Committee to exchange and agree with the provincial border local authority of the neighboring country on organizing the inauguration ceremony for opening and upgrading international border gates and main border gates (bilateral border gates) or agreeing on the official operation time of international border gates and main border gates (bilateral border gates).

Within five working days from the date of receiving the reply document from the provincial border local authority of the neighboring country agreeing on the time to organize the inauguration ceremony for opening and upgrading international border gates and main border gates (bilateral border gates) or agreeing on the official operation time of international border gates and main border gates (bilateral border gates), the provincial border People's Committee shall notify the ministries specified in Point d of this Clause to coordinate and implement.”

“a) At the request of the Border Guard Command of the province, the Chairman of the provincial border People's Committee shall decide to establish a working delegation representing relevant departments of the province, including: Border Guard Command, Military Command, Public Security, Foreign Affairs, Industry and Trade, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transport, Natural Resources and Environment, People's Committee of the district having sub-border gates (local border gates), proposed border crossing paths to be opened and upgraded, which will be conducted by the Border Guard Command of the province to survey and determine the location for opening and upgrading sub-border gates (local border gates), border crossing paths, infrastructure conditions, equipment, inspection and control forces, volume of people, vehicles, and goods exiting and entering. Within seven working days from the completion of the survey, the Border Guard Command of the province shall compile the survey results and propose to the Chairman of the provincial People's Committee on the opening and upgrading of sub-border gates (local border gates), border crossing paths.”

“c) Within twenty working days from the date of concluding talks with the provincial border local authority of the neighboring country, based on the negotiation results, the provincial border People's Committee shall issue a document seeking opinions from the Ministries of National Defense, Foreign Affairs, Public Security, Industry and Trade, Finance, Agriculture and Rural Development, Planning and Investment, Construction, Transport, Health, Natural Resources and Environment (including one set of dossier, including: Detailed report on the opening and upgrading of sub-border gates (local border gates) and border crossing paths (original); master plan diagram and map of the area for opening and upgrading sub-border gates (local border gates) and border crossing paths (original); original report on criteria for opening and upgrading sub-border gates (local border gates) and border crossing paths (according to the criteria stipulated in Appendix III attached to this Decree); original impact assessment report on economy, society, national defense, and security; original report on volume of people, vehicles, and goods exiting and entering (for upgrading from border crossing path to sub-border gate (local border gate)); copy of the Memorandum of Understanding and negotiation records. Within ten working days from the date of receiving the document seeking opinions from the provincial border People's Committee, the ministries must provide their responses.”

g) Amend Point d Clause 2 as follows:

“d) Based on the opinions of the ministries specified in Point c of this Clause, the provincial border People's Committee shall compile and report to seek the Government's opinion (including one set of dossier, including: Original proposal to the Government (according to the model stipulated in Appendix II attached to this Decree); master plan diagram and map of the area for opening and upgrading sub-border gates (local border gates) and border crossing paths (original); report on criteria for opening and upgrading sub-border gates (local border gates) and border crossing paths (according to the criteria stipulated in Appendix III attached to this Decree); original impact assessment report on economy, society, national defense, and security; original report on the compilation of opinions from the ministries and sectors; copy of the Memorandum of Understanding and negotiation records;

Within ten working days from the date of receiving the notification document of the Government's agreement, the Chairman of the provincial border People's Committee shall issue a decision on opening and upgrading sub-border gates (local border gates) and border crossing paths and notify the ministries specified in Point c of this Clause.”

h) Add Clause 3 after Clause 2 of Article 20 as follows:

“3. The procedures for opening customs clearance routes and dedicated cargo transportation roads shall be implemented according to the provisions of Clause 1 of this Article.”

13. Amend Clause 2 of Article 22 as follows:

"2. Direct the Border Guard Force

a) To perform the state management functions regarding national defense, security, foreign affairs, and ensuring political security and social order and safety as stipulated in Articles 13, 14, and 15 of the Law on Border Guard of Vietnam;

b) To fulfill the responsibilities of the Border Gate Border Guard Force as prescribed in Clause 3 of Article 1 of this Decree."

14. Amend Clause 1 of Article 26 as follows:

"1. The Ministry of Foreign Affairs

a) To take the lead and coordinate with relevant ministries, sectors, and localities to develop border gate master plans along each land border between Vietnam and China, Vietnam and Laos, and Vietnam and Cambodia as prescribed in Clause 10 of this Article and related documents for submission to the Prime Minister for approval;

b) To take the lead and coordinate with relevant ministries and sectors to examine and advise the Government on policies for opening and upgrading border gates as prescribed in Clause 12 of this Article and Article 20 of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on the management of land border gates; to guide the implementation procedures and formalities for opening and upgrading border gates and border crossings as prescribed in this Decree and related documents."

15. Repeal Point a of Clause 4 of Article 26.

16. Amend Clause 4 and supplement Clause 5 to Article 27 as follows:

a) Amend Clause 4 as follows:

"4. Direct the Management Board of the Border Economic Zone and the Management Board of the Border Gate to implement their responsibilities for managing activities at border gates as prescribed in Articles 9, 10, and 11 of Decision No. 45/2013/QĐ-TTg dated July 25, 2013 of the Prime Minister on the Regulations for Managing Activities at Land Border Gates."

b) Add Clause 5 as follows:

"5. To take the lead and coordinate with relevant ministries and sectors to decide on investment projects in border gate areas in accordance with the law; to implement infrastructure construction at border gates and complete within thirty-six months from the date of the Government's Resolution on opening or upgrading border gates; to allocate human resources and equipment according to the standards specified for the corresponding type of border gate as prescribed in Appendix IV attached to this Decree."

Article 2. Effective Date

1. This Decree takes effect from July 31, 2023.

3. The provisions of Articles 5, 6, 7, 13, 16, 21, 22, 23, 24, 25, 26, and 27 of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on the management of land border gates shall apply to the border crossing points as prescribed in Clause 2 of Article 1 of this Decree.

 

ANNEX I

PROCEDURES FOR THE PREPARATION, REVIEW, APPROVAL, AND AMENDMENT OF BORDER GATE MASTER PLANS
(Attached to Decree No. 34/2023/NĐ-CP dated June 16, 2023 of the Government)

I. PREPARATION OF MASTER PLANS

1. Procedures for preparation, review, and approval of master plans

a) The Minister of Foreign Affairs assigns the task of preparing the master plan to the planning agency.

b) The planning agency organizes the preparation or hires consultants to prepare the task of preparing the master plan, and submits it to the Minister of Foreign Affairs for review and approval.

c) The planning agency implements the preparation of the master plan and solicits opinions in accordance with Clause 10 of Article 1 of this Decree.

d) The planning agency incorporates and explains the comments received and completes the master plan for submission to the Review Committee.

đ) The planning agency finalizes the master plan based on the conclusions of the Review Committee, reports to the Minister of Foreign Affairs for consideration and submission to the Prime Minister for approval.

2. Tasks of preparing the master plan

The tasks of preparing the master plan include the following main contents:

a) Name of the master plan.

b) Basis for preparing the master plan.

c) Planning period, boundary limits of the master plan.

d) Views, objectives, contents, and methods of preparing the master plan.

đ) Time limit for preparing the master plan.

e) Components, quantity, and standards and specifications of the products of the master plan.

g) Costs of preparing the master plan.

3. Review of the task of preparing the master plan

a) The Minister of Foreign Affairs decides to establish the Review Committee for the task of preparing the master plan.

b) The Review Committee for the task of preparing the master plan includes: The Chairman of the Committee is a leader of the Ministry of Foreign Affairs; the Vice-Chairman and members of the Committee include representatives from the Ministries of National Defense, Public Security, Planning and Investment, Finance, Natural Resources and Environment, Industry and Trade, Transport, Agriculture and Rural Development, Health, Construction, and the People's Committee of border provinces, representatives from the planning agency and related units under the Ministry of Foreign Affairs, and experts in planning, including two members as critical reviewers.

c) The meeting to review the task of preparing the master plan will be held when at least two-thirds (2/3) of the members of the Review Committee are present, including the Chairman or Vice-Chairman of the Committee and two members as critical reviewers.

d) Mechanism for decision-making by the Review Committee for the task of preparing the master plan:

- The Review Committee for the task of preparing the master plan operates in a collective manner, openly discusses, and votes by ballot with a majority;

- The task of preparing the master plan is eligible for approval when at least two-thirds (2/3) of the members of the Review Committee present vote in favor of its approval or approval with amendments.

đ) Documents for reviewing the task of preparing the master plan include:

- Petition for approval of the task of preparing the master plan;

- Draft decision on approving the task of preparing the master plan;

- Task of preparing the master plan;

- Other Relevant Documentation (if any).

e) Contents of the review of the task of preparing the master plan:

- The appropriateness of legal bases;

- The appropriateness, scientific nature, and reliability of the content and method of preparing the master plan;

- The consistency between the content of the planning task with the budgeted costs and funding sources for the planning task;

- The feasibility of the plan to establish the planning task.

g) The Appraisal Council shall organize the appraisal of the planning task within twenty days from the date when all required documents are available as stipulated at point d, Clause 3, Part I of the Appendix herein.

h) Minutes of the appraisal meeting on the planning task:

- The minutes of the appraisal meeting on the planning task must clearly reflect the opinions of the members of the Appraisal Council and the conclusion of the Chairman of the Appraisal Council;

- Within ten days from the date of the Appraisal Council's meeting, the Council is responsible for completing the minutes of the appraisal meeting on the planning task;

- Within fifteen days from the date of receiving the minutes of the appraisal meeting on the planning task, the agency responsible for planning shall complete the dossier and submit it to the Minister of Foreign Affairs for approval;

4. Approval of the Planning Task

a) The Minister of Foreign Affairs approves the planning task.

b) The dossier for the approval of the planning task includes:

- Petition for approval of the task of preparing the master plan;

- Draft Decision of the Minister of Foreign Affairs approving the planning task along with the planning task;

- Minutes of the appraisal meeting on the planning task;

- Other Relevant Documentation (if any).

c) The approval decision on the planning task shall include the following main contents:

- Name of the plan, period of the plan, scope of the plan;

- Requirements regarding viewpoints, objectives, principles of the plan;

- Requirements regarding the content and methods of the plan;

- Time limit for the plan;

- Regulations on the components, quantity, standards, and formats of the plan dossier;

- Costs of the plan.

5. Soliciting Opinions on the Plan

a) The entities solicited for opinions on the plan include the ministries and agencies mentioned in Clause 10, Article 1 of this Decree and the People's Committees of border provinces concerned.

b) Soliciting opinions from ministries, agencies at ministerial level, and People's Committees of border provinces concerned on the plan shall be carried out as follows:

- The Ministry of Foreign Affairs sends the plan dossier including: Summary Report, Executive Summary, Strategic Environmental Assessment Report, diagrams, maps showing current status and planning schemes based on topographic maps of the Vietnam-China, Vietnam-Laos, and Vietnam-Cambodia borders;

- The agencies and localities solicited for opinions are responsible for responding in writing within twenty days from the date of receipt of the plan opinion solicitation dossier.

c) The agency responsible for planning shall compile opinions and provide explanations and incorporate opinions before submitting the plan for appraisal.

d) Soliciting opinions from other related agencies, organizations, and individuals shall be conducted by posting the draft plan on the electronic information website of the Ministry of Foreign Affairs (excluding those contents related to state secrets as prescribed by law) for a minimum period of thirty days from the date of posting the plan opinion solicitation dossier.

II. APPRAISAL AND APPROVAL OF THE PLAN

1. The Appraisal Council for the Plan

a) The Minister of Foreign Affairs decides to establish the Appraisal Council for the Plan and the Supporting Team of the Appraisal Council.

b) The Appraisal Council for the Plan consists of:

- The Chairman of the Council is a leader of the Ministry of Foreign Affairs;

- Deputy Chairmen of the Council;

- Members of the Appraisal Council for the Plan include representatives from the Ministries of National Defense, Public Security, Planning and Investment, Finance, Natural Resources and Environment, Industry and Trade, Transport, Agriculture and Rural Development, Construction, Health, representatives from the planning agency and relevant units under the Ministry of Foreign Affairs, planning experts, among whom there are two members who are review committee members.

c) Responsibilities and authorities of the Appraisal Council for the Plan

- The Chairman of the Council is responsible for the activities of the Appraisal Council; organizing and managing meetings of the Appraisal Council; assigning tasks to members of the Appraisal Council; reporting the results of the plan appraisal;

- Review Committee members are responsible for fully participating in meetings of the Appraisal Council; studying the dossier submitted for plan appraisal; preparing written comments for submission to the Supporting Team of the Appraisal Council before the Appraisal Council meeting;

- Members of the Appraisal Council participate in meetings of the Appraisal Council; studying the dossier submitted for plan appraisal; preparing written opinions at meetings of the Appraisal Council on their specialized fields and other tasks assigned by the Chairman of the Council; having the right to reserve their opinions.

d) The Supporting Team of the Appraisal Council is responsible for receiving, studying, and processing the dossier; providing the dossier for plan appraisal to members of the Appraisal Council for study and participation in opinions; organizing meetings of the Appraisal Council upon request of the Chairman of the Appraisal Council; drafting the minutes of the Appraisal Council meeting and the report on plan appraisal.

2. Dossier for Plan Appraisal

a) Summary Report; Comprehensive Report on the Plan;

b) Strategic Environmental Assessment Report;

c) Diagrams and maps showing current status and planning schemes based on topographic maps of the Vietnam-China, Vietnam-Laos, and Vietnam-Cambodia borders;

d) Summary Report on opinions contributed by agencies, organizations, communities, and individuals on the plan; copies of opinions contributed by ministries, agencies at ministerial level, and related localities; Report on explaining and incorporating opinions on the plan.

6. The procedure for the Standing Committee of the National Assembly to consider the draft legislative direction proposal for the National Assembly's term shall be carried out in accordance with the provisions of Article 23 of this Regulation."

3. Contents of Plan Appraisal

a) Consistency with the approved planning task;

b) Consistency, scientific nature, reliability of planning methods and solutions;

c) Consistency among the main topics of the plan to be established;

d) Connectivity with infrastructure planning and related plans;

đ) Feasibility of the plan.

4. Plan Appraisal

a) The agency responsible for planning sends the plan appraisal dossier to the Appraisal Council through the Supporting Team of the Appraisal Council to send to the members of the Appraisal Council for the Plan.

b) Within twenty days from the date of receipt of the plan appraisal dossier, the review committee members must submit their written opinions to the Appraisal Council through the Supporting Team of the Appraisal Council to organize the meeting.

In case of necessity, the Planning Review Council shall seek opinions from experts, social-professional organizations, and other relevant organizations on the content of the plan through organizing conferences, seminars, specialized roundtables, and compiling the opinions to report to the Planning Review Council; the Planning Review Council has the right to request the agency submitting the plan for review to provide additional information and explain related contents.

c) The meeting for reviewing the plan shall be held when at least two-thirds (2/3) of the members of the Planning Review Council are present, including the Chairman or Vice-Chairman of the Planning Review Council and two opposing members.

d) Decision-making mechanism of the Planning Review Council

- The Planning Review Council operates under a collective system, conducts public discussions, and votes by ballot with a majority rule;

- The plan is eligible for approval if at least two-thirds (2/3) of the members of the Planning Review Council who attend the meeting vote in favor of its passage or passage with amendments.

đ) Report on the results of the plan review

- Within ten days from the date of the Planning Review Council's meeting, the Council is responsible for completing the report on the results of the plan review. The report on the results of the plan review must clearly reflect the opinions of the Council members and the conclusion of the Chairman of the Planning Review Council;

- The report on the results of the plan review must clearly reflect the opinions of the Council members and the conclusion of the Chairman of the Planning Review Council.

e) In case the plan is approved or approved with amendments by the Planning Review Council, within thirty days from the date of receiving the report on the results of the plan review, the agency drafting the plan is responsible for perfecting the dossier and reporting to the Minister of Foreign Affairs. In case the plan is not approved by the Planning Review Council, within ninety days from the date of receiving the report on the results of the plan review, the agency drafting the plan is responsible for revising the dossier and reporting to the Minister of Foreign Affairs.

5. Approval of the Plan

The Minister of Foreign Affairs submits the plan for approval by the Prime Minister, the dossier includes:

a) Proposal for approval of the plan;

b) Draft Decision of the Prime Minister approving the plan, mainly including: planning period, scope of planning, viewpoints, objectives, planning solutions, implementation budget, and organization of implementation;

c) Report on the review of the plan;

d) Report on explanations and adoption of opinions of the Planning Review Council regarding the content of the plan;

đ) Report on the compilation of opinions contributed by agencies and organizations on the plan; copies of opinions contributed by ministries, ministerial-level agencies, and People's Committees of border provinces; reports on explanations and adoption of opinions contributed on the plan;

e) Report on the detailed explanation of the plan that has been revised and completed;

g) Diagrams and maps showing the current status and planning schemes on the basis of topographic maps of the Vietnam-China, Vietnam-Laos, and Vietnam-Cambodia borders;

h) Other documents (if any).

III. AMENDMENT AND SUPPLEMENTATION OF THE PLAN

1. Review of the Plan

a) Border gate plans are reviewed every five years to adjust and supplement appropriately according to the socio-economic development situation in each stage.

b) The agency drafting the plan is responsible for organizing the review of the plan.

c) The Ministry of Foreign Affairs reports to the Prime Minister the results of the plan review and proposes the content of the plan adjustment and supplementation and necessary measures to enhance the effectiveness and quality of the plan implementation.

2. Basis for amendment and supplementation of the plan

The amendment and supplementation of the border gate plan shall be carried out when there is one of the bases prescribed in Article 53 of the Law on Planning.

3. Procedure and formalities for amendment and supplementation of the plan

a) In case the amendment and supplementation change the plan's objectives, it shall be implemented according to the procedures stipulated in Parts I and II of this Appendix.

b) In case the amendment and supplementation only make partial changes to the plan without altering the overall objectives and specific objectives (if any) of the plan already approved, it shall be carried out as follows:

- Ministries, ministerial-level agencies, provincial People's Committees within the scope of the plan shall prepare a dossier requesting the amendment and supplementation of the plan and submit it to the Ministry of Foreign Affairs;

- The dossier requesting the amendment and supplementation of the plan includes: Document requesting the amendment and supplementation of the plan; Report on the detailed explanation of the amendment and supplementation of the plan and other supporting documents (if any);

- The Ministry of Foreign Affairs compiles and submits to the Prime Minister for decision.

4. Costs for drafting, reviewing, approving, amending, and supplementing the plan

Costs for drafting, reviewing, approving, publishing, implementing, evaluating, and amending and supplementing the border gate plan shall be taken from the regular budget of the Ministry of Foreign Affairs and related ministries, sectors, and localities./.

 

ANNEX II

PETITION REGARDING THE OPENING AND UPGRADE OF BORDER GATE SUBSIDIARIES (LOCAL BORDER GATES) AND BORDER CROSSINGS
(Attached to Decree No. 34/2023/NĐ-CP dated June 16, 2023 of the Government)

 

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

On the matter of opening (upgrading) subsidiary border gates (local border gates), border crossings... (3) in... (4)

Respectfully submitted to: Government.

Implementing Article 20 of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates (amended and supplemented by Decree No.../2023/NĐ-CP on.../.../2023); the People's Committee of Province... (5) respectfully petitions the Government on the matter of opening (upgrading) subsidiary border gates (local border gates), border crossings... (6) as follows:

1. General situation

(General assessment of the border situation, the situation of the border gate system in the province, and the situation related to the proposed subsidiary border gates (local border gates), border crossings.)

2. Current operation, infrastructure investment, and force deployment in the area of subsidiary border gates (local border gates), border crossings...(7)

a) Vietnamese side

…………………….…………………………………………………………………………………

…………………….…………………………………………………………………………………

…………………….…………………………………………………………………………………

b) Opposite side

…………………….…………………………………………………………………………………

…………………….…………………………………………………………………………………

…………………….…………………………………………………………………………………

3. Impact of opening and upgrading subsidiary border gates (local border gates), border crossings... (8)

(General assessment of the impact of opening and upgrading subsidiary border gates (local border gates), border crossings on three areas: economy-society; national defense-security; environment.)

4. Process of implementing the procedures for opening and upgrading subsidiary border gates (local border gates), border crossings...(9)

…………………….…………………………………………………………………………………

…………………….…………………………………………………………………………………

…………………….…………………………………………………………………………………

5. Evaluation of the necessity of opening and upgrading subsidiary border gates (local border gates), border crossings...(10) and proposals, recommendations

…………………….…………………………………………………………………………………

…………………….…………………………………………………………………………………

…………………….…………………………………………………………………………………

Above is the Memorandum proposing to open and upgrade border gates (local border gates), border passages... (11), ... (12), respectfully submitted for the Government's consideration and decision.

(Please attach: ...) (13)

 

Note:

(1), (4), (5), (12) Name of the People's Committee proposing to open and upgrade the border gate;

(2) Place name;

(3), (6), (7), (8), (9), (10), (11); Name of the proposed border gate (local border gate), border passage to be opened and upgraded;

(13) Documents as stipulated at Point d Clause 2 Article 20 Decree No. 112/2014/NĐ-CP (amended and supplemented at Clause 12 Article 1 Decree No.../2023/NĐ-CP dated ..., ..., 2023).

 

ANNEX III

CRITERIA FOR PROPOSING TO OPEN AND UPGRADE BORDER GATES AND BORDER PASSAGES
(Attached to Decree No. 34/2023/NĐ-CP dated June 16, 2023 of the Government)

I. CRITERIA FOR PROPOSING TO OPEN AND UPGRADE BORDER GATES

1. Ensuring a minimum construction area for the border gate zone commensurate with each type of border gate.

a) International border gate: Ensuring the border gate zone has a minimum area of approximately 10 hectares;

b) Main border gate (bilateral border gate): Ensuring the border gate zone has a minimum area of approximately 07 hectares;

c) Subsidiary border gate (local border gate): Ensuring the border gate zone has a minimum area of approximately 03 hectares.

2. Having a road connecting the border gate to major roads that is convenient and has technical classification commensurate with each type of border gate based on the requirements for technical classification of automobile roads specified in Item 3.4.2, Vietnamese Standard TCVN 4054: 2005.

a) International border gate: Having a convenient road from Class IV or higher connecting the border gate to major road axes;

b) Main border gate (bilateral border gate): Having a convenient road from Class V or higher connecting the border gate to major road axes;

c) Subsidiary border gate (local border gate): Having a convenient road from Class VI or higher connecting the border gate to major road axes.

3. Forecasting the volume of people, vehicles entering and exiting, and imported and exported goods over the next five years equivalent to the average volume of at least one border gate of the same type being upgraded along the same border line.

II. CRITERIA FOR PROPOSING TO OPEN BORDER PASSAGES

1. Being located conveniently for economic and social development, easy to control and facilitate exchanges.

2. Conveniently connected to important provincial traffic axes.

3. Minimum construction area of approximately 03 hectares.

4. Prospects for goods and items exchanged through the border passage suitable for the needs of the commune (township, town) or equivalent administrative unit on both sides of the border.

5. Having favorable infrastructure conditions (land surface, transportation, water, etc.) and resources for investment in developing technical infrastructure.

 

ANNEX IV

STANDARDS FOR DIFFERENT TYPES OF BORDER GATES
(Attached to Decree No. 34/2023/NĐ-CP dated June 16, 2023 of the Government)