Circular No. 44/2018/TT-BQP amending and supplementing certain Articles of Circular No. 09/2016/TT-BQP dated February 3, 2016, issued by the Minister of National Defense detailing and guiding the implementation of certain provisions of Decree No. 112/2014/NĐ-CP dated November 21, 2014, of the Government on border gate management.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 09/2016/TT-BQP dated February 3, 2016, issued by the Minister of National Defense detailing and guiding the implementation of certain provisions of Decree No. 112/2014/NĐ-CP dated November 21, 2014, of the Government on border gate management. 2014 of the Government on border gate management.

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

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to Decree No. 136/2007/NĐ-CP dated August 17, 2007, of the Government on exit and entry of Vietnamese citizens, and Decree No. 94/2015/NĐ-CP dated October 16, 2015, of the Government amending and supplementing certain provisions of Decree No. 136/2007/NĐ-CP dated August 17, 2007, of the Government on exit and entry of Vietnamese citizens;

Pursuant to Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates;

Pursuant to Decree No. 01/2015/NĐ-CP dated January 2, 2015, of the Government detailing the scope of customs operations and responsibilities for cooperation in preventing smuggling and illegal transportation of goods across borders;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 12/2018/NĐ-CP dated January 23, 2018, of the Government amending and supplementing certain provisions of Decree No. 01/2015/NĐ-CP dated January 2, 2015, of the Government detailing the scope of customs operations and responsibilities for cooperation in preventing smuggling and illegal transportation of goods across borders;

At the proposal of the Commander of the Border Guard Force,

The Minister of National Defense issues this Circular amending and supplementing certain Articles of Circular No. 09/2016/TT-BQP dated February 3, 2016, issued by the Minister of National Defense detailing and guiding the implementation of certain provisions of Decree No. 112/2014/NĐ-CP dated November 21, 2014, of the Government on border gate management.

Article 1. Amending and supplementing certain Articles of Circular No. 09/2016/TT-BQP dated February 3, 2016, issued by the Minister of National Defense detailing and guiding the implementation of certain provisions of Decree No. 112/2014/NĐ-CP dated November 21, 2014, of the Government on border gate management.

1. Points a and b, Clause 2, Article 12 shall be amended and supplemented as follows:

"2. Cooperation in inspecting and supervising exported and imported goods at border gates and border crossings by the Border Guard Force

a) For exported goods: At Barrier Control Point No. 1, the Border Guard Force at the border gate conducts checks on the documents of persons and means of transport carrying goods that have completed departure formalities. If signs of violation of the law are detected, they cooperate with the Customs Office at the border gate to conduct inspections and handle the situation according to the law.

b) For imported goods:

At Barrier Control Point No. 1, the Border Guard Force at the border gate conducts checks on the documents of persons and means of transport carrying goods that meet the conditions to enter Vietnam. They guide the person in charge of the means of transport to move the means of transport to a position where the Customs Office at the border gate can proceed with import procedures according to regulations.

At Barrier Control Point No. 2, the Border Guard Force at the border gate conducts checks on the entry documents of persons and means of transport carrying goods after completing entry formalities into Vietnam. If signs of violation of the law are detected, they cooperate with the Customs Office at the border gate to conduct inspections and handle the situation according to the law."

"b) Based on the opinions of the departments specified in Point a of this Clause, the Provincial Border Guard Command proposes to the People's Committee of the province for consideration and decision."

"2. Changing working hours at sub-border gates and land border crossings

a) The People's Committee of the province with sub-border gates and land border crossings seeks the opinions of the Ministry of National Defense and the Ministry of Finance to reach consensus on changing working hours at sub-border gates and land border crossings;

b) After reaching consensus on changing working hours at sub-border gates and land border crossings with the Ministry of National Defense and the Ministry of Finance, the People's Committee of the province with sub-border gates and land border crossings exchanges and reaches consensus with the provincial authorities of the neighboring country sharing the border about changing working hours at sub-border gates and land border crossings;

c) Based on the results of exchanging and reaching consensus with the provincial authorities of the neighboring country sharing the border about changing working hours at sub-border gates and land border crossings, the People's Committee of the province informs the Ministry of National Defense and the Ministry of Finance, and directs the Provincial Border Guard Command, the Customs Bureau, the Department of Health, the Department of Agriculture and Rural Development, the Border Gate Management Board, and the People's Committee of the district with sub-border gates and land border crossings to implement."

Article 2. Effective Date

This Circular takes effect from May 10, 2018

Article 3. Responsibility for Implementation

Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally-run cities, relevant agencies, units, organizations, and individuals are responsible for organizing the dissemination and implementation of this Circular./.