AGREEMENT

TEMPORARILY HANDLING WORKS IN BORDERING AREAS OF TWO COUNTRIES BETWEEN THE GOVENRMENT OF SOCIALIST REPBULIC OF VIETNAM AND THE GOVERNMENT OF PEOPLE’S REPUBLIC OF CHINA

The Government of Socialist Republic of Vietnam and the Government of People’ Republic of China (hereinafter referred to as “Parties”), on the principal of respect for each other's sovereignty, territorial integrit, neither intruding nor interfering each other’s internal affairs, equality, mutual benefits for the purpose of tightening the relationship of two parties which facilitate the stable living and cross-border movement of borderers and bordering security in pursuit of developing the Vietnam-China border into a border of peace and friendship, pending the starting of border negotiation between two parties, decide to sign the Temporary agreement on handling of works in the bordering areas of two parties containing provisions as follows:

Chapter I:

BORDER PROTECTION

Article 1

1. Two parties shall manage the border based on its geographical boundaries; neither parties may take any artificial acts to change the geographical boundaries at present as such natural borders will not affect the negotiation on the border between two parties in the coming time.

2. The Central Governments of two parties have the authority to deal with all issues regarding the border between them. All local authorities and local governments of both parties are prohibited from changing the border lines of two parties; any change will be considered invalid and must be discarded.

3. Both parties mutually agree to preserve the boundary markers; the party that discovers any change in boundary markers and other boundary criteria must immediately notify another party. The head of both parties will make a visit at site together to record the change and send a report to the department in charge of each country. The Department in charge of each party shall handle based on the results of the discussion or wait until the negotiation concerning the country’s border.

Chapter 2:

PRODUCTION AND OTHER ACTIVITIES IN BORDERING AREAS

Article 2

1. With regard to the hydrological measurement of border rivers, making use of such border rivers as well as other activities related to such border rivers, two parties need to consult with each other on the principle of equality and mutual benefits as well as respect for each other's benefits, avoiding losses for another party and changes in border rivers Any project affecting the border rivers must be mutually approved by both parties before being carried out.

2. Borderers may be engaged in production activities in the border rivers of their own country as regulated by the laws of their countries.

Article 3

1. Firing a gun or causing an explosion within 2 km from each other's boundary line is prohibited. Notify another party in advance if explosion is unavoidable.

2. Burning fields within 1 km from each other's boundary line is prohibited.

3. Above-mentioned activities must not harm the boundary marker, other boundary criteria as well as the life of human and cattle.

Article 4

Both parties must prohibit the borderers from crossing the border for the purpose of logging, animal husbandry, hunting, exploiting specialties or performing other actions for illegal purposes.

Article 5

Notify another party in advance when conducting an aerial photography and dropping an aerial exploration object for peaceful purposes in the bordering vicinity. The entry into the airspace of another party must be approved by such party.

Chapter 3:

CROSS-BORDER MOVEMENT OF BORDERERS

Article 6

1. Both parties permit their borderers to enter and exit each other's country for the purpose of visiting relatives, friends, undergoing medical examination and treatment, selling and purchasing goods and participating in friendship festivals on traditional national holidays.

2. The borderers of the Parties must carry the borer laissez passer issued by competent authorities of their country and enter or exit through the border checkpoints or border crossings specified by both parties.

The laissez passer must clearly specify full name, gender, date of birth, residence place, reasons for entry/exit, the border checkpoint of the entered country, validity and bear a photo of the passer's owner; any border laissez passer without its owner's photo must be accompanied by the owner's identity card. The border laissez passer shall be only granted to borderers of two parties, bordering traders and bordering workers participating in friendship festivals on traditional holidays of two parties when engaged in activities in bordering areas.

Children under 16 accompanying their parents when entering or exiting either country must be clearly specified in the laissez passer of their parents.

3. The laissez passer shall be printed out by competent authorities of each country in both Vietnamese and Chinese and sent to another party before it is put into use.0}

4. People not mentioned above must carry a passport with visa and go through the border checkpoints specified by both parties.

5. A person of either party when undertaking any activity in the territory of another party must comply with provisions of laws of such party and relevant regulations issued by both parties for the purpose of protecting the legitimate rights and benefits of the person of another party.

6. Pursuant to relevant regulations on customs, verification and inspection issued by each party, both parties shall inform each other of the type, value, quantity of goods and currency for trading in bordering market and private use carried by their people when entering or exiting each other's country.

Article 7

1. Both parties decide to open the following border checkpoints:

Above-mentioned border checkpoints will be gradually opened when possible, time and procedure for opening such border checkpoints will be determined by both parties and through diplomatic channels of two parties, both parties agree to create favorable conditions for the opening of seven pairs of border checkpoints as follows:

Dong Bang – Pingxang

Huu Nghi – Youyiguan

Mong Cai – Dongxing

Ta Lung – Shuikou

Lao Cai – Hekou

Ma Lu Thang - Jinshuihe

Thanh Thuy – Tianbao

2. Among border checkpoints mentioned in clause 1 in this Article, four pairs of border checkpoints which are Dong Dang - Pingxang, Huu Nghi - Youyiguan, Mong Cai - Dongxing, Lao Cai - Hekou will be opened for people carrying a passport with visa and people with a border laissez passer issued by either party or people carrying a passport with visa issued by a third country or transmitting through a third country as well as goods for trading purposes while three pairs of border checkpoints which are Ta Lung – Shuikou, Ma Lu Thang – Jinshuihe and Thanh Thuy – Tianbao will be opened for people carrying a passport with visa and people with a laissez passer issued by either party as well as goods for trading purpose in local areas and bordering areas. The other border checkpoints will be opened only for people with laissez passer and goods for trading purposes in bordering areas.

3. Where force majeure events occur in places far from border checkpoints prescribed in clause 1 in this Article or there are other special requirements, the local governments of bordering provinces of two parties shall consult with each other to open temporary crossings. After the consultation, the local governments of bordering of provinces of the Parties will send a report to their Government for approval for implementation.

The verification of the cross-border movement through temporary border crossings shall adhere to methods for managing official border checkpoints,

Chapter 4:

MANAGEMENT OF BORDER SECURITY

Article 8

1. Two parties cooperate with each other in maintaining the border order and security. Primary missions include notifying situations in bordering areas regarding the social security of another party, dealing with people entering or exiting another country illegally, discussing to conduct an investigation on cases concerning foreign countries. Cooperating in questioning, chasing, arresting and transferring criminals crossing the border, preventing and taking actions against crossing the border for smuggling, drug trafficking, arms trafficking, counterfeit silver production, women and children trafficking

2. Two parties, based on their own laws, take appropriate measures for violations against their regulations on management of border. The full name, photo and address of the litigant must be provided before the transfer; time for transferring and relevant evidences transferred at once to another party will be determined after receiving the approval from another party. This regulation on criminal transferring shall not cover people of a third country.

3. The competent authorities of two parties could contact with each other to discuss the maintenance of social order and security in the bordering areas of two parties.

Chapter 5:

BORDERING TRADING AND LOCAL TRADING

Article 9

1. Both parties permit trading agencies engaged in the bordering and local trading of two parties to carry out bordering trading and local trading in bordering areas. Particular methods for conducting bordering and local trading will be decided by the local governments of bordering provinces through discussion in accordance to law in force and relevant regulations issued by the Government of two parties.

2. Both parties agree to open market points in border crossings and bordering markets in communes located along the border of Vietnam and China, details will be decided by the local governments of bordering of provinces after discussion in accordance to law in force and relevant regulations issued by the Government of two parties.

3. Goods to be traded and transport vehicles in import and export of two parties must be licensed by competent authorities of each party and must comply with relevant law provisions and regulations issued by the Customs Department and verification, inspection departments of each party.

Article 10

1. Two parties shall collect the tariff and relevant taxes for goods to be traded prescribed in this agreement.

2. For modes of trading prescribed in this agreement, both parties must comply with provisions of the law on import and export of their own countries and prevent the import and export of prohibited goods and smuggling.

Chapter 6:

COMMUNICATION BETWEEN LOCAL GOVERNMENTS OF BORDERING AREAS OF TWO PARTIES

Article 11

For the purpose of enhancing the management of bordering areas of two parties, local governments of bordering areas must create a regime for communication:

1. Corresponding contacts between local governments of two parties is:

- Lai Chau– Yunnan xian (China)

- Lao Cai, Ha Giang (Vietnam)

- Cao Bang, Lang Son

Quang Ning (Vietnam) – Guangxi zhuang autonomous region (China)

2. The local governments of two parties shall be in charge of handling and carrying out mandatory tasks relating to this Agreement described as follows:

a) Tasks authorized by the central government

b) Verification management and protection of bordering segments, boundary markers under management

c) Civil issues in bordering areas including production, sale, marriage, relocation, activities regarding traditional friendship festivals, management of daily cross-border movement of borderers

d) Border security issues including the cooperation in management of security for preventing smuggling and drug trafficking, etc

e) Other issues to be handled by local governments approved by the Government of two parties

3. Communication between local governments of two parties will be established through consultation. Contents, time and place of the consultation shall be determined in advance through communication between two border defence agencies of two parties. The place of consultation could be near to the border checkpoints (border crossings) or the capital district. The consultation of provincial authorities could take place in the capital of relevant provinces.

4. Each consultation shall be recorded in a consultation minutes in both Vietnamese and Chinese, each with two copies bearing the signatures of the representative of two parties will be implemented after provincial authorities of two parties finish relevant procedures of their countries and notify each other.

5. Authorities of bordering districts may communicate with each other. Such communication shall be approved by provincial authorities of two parties and the communication results must be sent to provincial authorities.

Article 12

Agencies in charge of managing boundary lines and bordering areas as well as relevant agencies such as customs offices, border defense control agencies, goods control agencies, health quarantine - animal and plant quarantine agencies and trading agencies located in bordering areas of two parties may communicate with each other.

Chapter 7:

FINAL PROVISIONS

Article 13

1. Border rivers mentioned in this Agreement mean rivers crossing or coinciding with the border lines of two parties.

2. Borderers mentioned in this Agreement mean people living in communes adjacent to bordering areas of two parties.

3. Bordering areas referred in this Agreement mean districts adjacent to the boundary lines of two parties.

Article 14

This Agreement comes into force from the day on which it is signed.

This Agreement will expire after 2 years and 6 months, if neither party hereby informs in writing to each other of its termination, it will be automatically expanded for 2 more years. Where necessary, two parties will have a meeting to review and learn from the experiences in implementation of such Agreement or to identify the amendments to this Agreement 6 months prior to its expiration.

This Agreement is signed in Beijing on November 1991 and made into 2 copies, each in both Vietnamese and Chinese with equal validity.