Decree No. 34/2023/ND-CP dated June 16, 2023 on amendments to some Articles of Government's Decree No. 112/2014/ND-CP on management of land border checkpoints

DECREE

AMENDMENTS TO SOME ARTICLES OF GOVERNMENT'S DECREE NO. 112/2014/ND-CP DATED NOVEMBER 21, 2014 ON MANAGEMENT OF LAND BORDER CHECKPOINTS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

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

Pursuant to the Vietnam Border Guard Law dated November 11, 2020;

Pursuant to the Law on Entry and Exit of Vietnamese Citizens dated November 22, 2019;

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Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Law on Planning dated November 24, 2017;

At the request of the Minister of National Defense;

The Government promulgates Decree on amendments to some Articles of Government's Decree No. 112/2014/ND-CP dated November 21, 2014 on management of land border checkpoints.

Article 1. Amendments to some Articles of Government's Decree No. 112/2014/ND-CP dated November 21, 2014 on management of land border checkpoints

1. Clauses 2 and 3 Article 3 shall be amended and Clause 11 shall be added to Article 3 as follows:

a) Clause 2 shall be amended as follows:

“2. Land border checkpoint (hereinafter referred to as “border checkpoint or checkpoint”) means a place where exit, entry, import, export and movements across the national land border take place.  A border checkpoint may include one or various types of operational characteristics. Border checkpoints include land border checkpoints, railway border checkpoints and inland waterway border checkpoints.

b) Clause 3 shall be amended as follows:

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c) Clause 11 shall be added as follows:

“11. Border checkpoint planning means identification of the development orientation of the border checkpoint system on each land border between Vietnam - China, Vietnam - Laos, and Vietnam – Cambodia”.

2. Article 4 shall be amended as follows:

Article 4.Types of land bordercheckpoints; border crossings; customs clearance crossings, specialized roads for transport of goods of international border checkpoints, main border checkpoints (bilateral border checkpoints)

1. Types of land border checkpoints

a) International border checkpoints which are opened for the entry and exit of Vietnamese and foreign people and vehicles; export and import of goods and articles.

b) Main border checkpoints (bilateral border checkpoints) which are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries; import and export of goods and articles.

c) Secondary border checkpoints (local checkpoints) which are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries in bordering provinces where there are border checkpoints; import and export of goods and articles.

2. Border crossings (crossings for travel to and from border markets of either or two sides; border customs clearance places for goods; temporary crossings) which are opened for border inhabitants of two sides and their vehicles, goods and articles, and traders’ vehicles and goods to travel according to regulations in Government's Decree No. 14/2018/ND-CP dated January 23, 2018 on border trade; or opened in force majeure cases or at the special request of two sides.

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4. Types of land border checkpoints; border crossings; customs clearance crossings, specialized roads for transport of goods, and people and vehicles on entry and exit, goods and articles that are imported and exported across each type of land border checkpoint; each border crossing; each customs clearance crossing, and each specialized road for transport of goods specified in Clauses 1, 2 and 3 of this Article on each land border between Vietnam - China, Vietnam - Laos, Vietnam - Cambodia under regulations of treaties and agreements between Vietnam and neighboring countries.

3. Clauses 2 and 3 shall be amended and Clauses 4 and 5 shall be added to Article 6 as follows:

a) Clause 1 shall be amended as follows:

“1. Border guards at border checkpoints shall:

a) Advise the Ministry of National Defense on the implementation of the contents of state management at border checkpoints under the management by the Ministry of National Defense;

b) Manage and protect the national border, system of national landmarks, border markers and signs, border works in border-checkpoint areas, border-checkpoint works; take charge and cooperate with agencies and organizations in ensuring security, social order and safety, and protecting the lawful rights and interests of agencies, organizations and individuals in border-checkpoint areas in accordance with the law.

c) Control entry and exit at border checkpoints managed by the Ministry of National Defense; carry out border-guard procedures, issue, amend and cancel visas and issue temporary residence certificates in accordance with the law on entry and exit; inspect and handle violations against regulations in the law on entry and exit at border checkpoints managed by the Ministry of National Defense; inspect and control vehicles when there are signs of law violation, handle violating vehicles in border areas or border checkpoints according to regulations of the law;

d) Cooperate in inspecting and supervising goods and articles exported and imported through border checkpoints, ensuring the security of imports and exports; preventing and combating smuggling and commercial fraud;

dd) Take charge and cooperate with specialized state management agencies at border checkpoints in formulating regulations on cooperation in performance of tasks at the border checkpoints.

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“2. The border checkpoint customs offices shall preside over carrying out customs procedures, inspecting and controlling exported, imported and transited goods, and luggage of people on exit or entry; preventing and combating smuggling and illegal transportation of goods across borders. Cooperate in controlling vehicles on exit, entry or transit. Organize the implementation of tax regulations for imports and exports and performance of tasks according to regulations of the Customs Law”.

c) Clause 4 shall be added as follows:

“4. Specialized state management agencies at border checkpoints shall be responsible for connecting and sharing information in fields of export, import and transit of goods; exit, entry and transit of people and vehicles according to the national single window mechanism.

d) Clause 5 shall be added as follows:

“5. According to their functions, tasks and powers as prescribed by law, specialized state management agencies at border checkpoints may establish mechanisms for exchange and discussion with the authorities of the other country in order to cooperate in solving problems in fields of exit, entry, export and import under their management.

4. Point a Clause 1 and point a Clause 2 Article 8 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Vietnamese citizens on exit and entry via Vietnamese border checkpoints shall fulfil requirements specified in Articles 33 and 34 of the Law on Entry and Exit of Vietnamese Citizens”.

b) Point a Clause 2 shall be amended as follows:

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5. Clause 1 Clause 2 and point c Clause 3 Article 9 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Vietnamese and foreign vehicles on exit and entry via border checkpoints shall comply with Vietnamese law and treaties on land transport to which the Socialist Republic of Vietnam is a signatory, and be subject to the inspection, control and supervision by specialized state management agencies at border checkpoints.

b) Clause 2 shall be amended as follows:

“2. Vietnamese and foreign vehicles on exit and entry via border checkpoints shall have papers and documents according to regulations of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a signatory”.

c) Point c Clause 3 shall be amended as follows:

“c) Other papers prescribed by law and international treaties on transport to which the Socialist Republic of Vietnam is a signatory”.

6. Point c Clause 2 Article 11 shall be amended as follows:

“c) Medical quarantine and medical treatment isolation area; animal/animal product isolation and treatment area”. 

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“Article 12. Authority to determine the scope of checkpoint areas; border crossings; customs clearance crossings, specialized roads for transport of goods and planning for construction of checkpoint areas and border crossings

1. The Government decides to approve the scope of international border-checkpoint areas and main border-checkpoint areas (bilateral border checkpoint areas); customs clearance crossings, specialized roads for transport of goods.

2. The People's Committee of the bordering province shall

a) Decide to approve the scope of a secondary border-checkpoint area (local checkpoint area), and a border crossing;

b) Take charge and cooperate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development and the Ministry of Construction in determination of the scope of the international border-checkpoint area, the main border-checkpoint area (bilateral border checkpoint area); the customs clearance crossing, the specialized road for transport of goods and report to the Government for decision;

c) Take charge and cooperate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Construction, the Ministry of Transport, the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment in formulation and appraisal of the planning for construction of the international border-checkpoint area, the main border-checkpoint area (bilateral border checkpoint area); and submission to the Prime Minister for approval;

d) Formulate, appraise and approve construction zoning planning and detailed construction planning at the international border checkpoint area and the main border checkpoint area (bilateral border checkpoint area);

dd) Formulate, appraisal and approve the planning for construction of the secondary border-checkpoint area (local checkpoint area) and the border crossing”.

3. Provincial-level Border Guard Commands shall take charge and cooperate with provincial-level departments and authorities, including the provincial-level Military Command, Public Security Department, Foreign Affairs Department, Industry and Trade Department, Health Department, Customs Department, Agriculture and Rural Development Department, Planning and Investment Department, Construction Department, Finance Department, Transport Department, Natural Resources and Environment Department and People’s Committees of districts where there are secondary border checkpoints (local checkpoints) and border crossings, in determination of the scope of secondary border checkpoint areas (local checkpoint areas) and border crossings and report to provincial-level People’s Committees for decision.

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“3. In case an international treaty to which the Socialist Republic of Vietnam is a signatory contains other regulations on inspection and control chains specified in Clauses 1 and 2 of this Article, the regulations of such international treaty shall be applied”.

9. Article 17 shall be amended as follows:

“Article 17. Restriction orsuspension of cross-border movements at bordercheckpoints; border crossings; customs clearance crossings, specialized roads for transport of goods

The restriction or suspension of cross-border movements at border checkpoints; border crossings; customs clearance crossings, specialized roads for transport of goods shall comply with regulations in Clause 1, Point c Clause 2, Clause 4, Clause 5, Clause 6 and Clause 7 Article 11 of the Vietnam Border Guard Law”.

10. Article 18 shall be amended as follows:

“Article 18.Border checkpoint planning

1. The planning for border checkpoints, construction and development of border checkpoint systems shall be based on the situation of each border between Vietnam - China, Vietnam - Laos, Vietnam – Cambodia, each local area, conformable to the requirements of socio-economic development and maintenance of national defense, security and territorial sovereignty that have been orientated in regional and provincial planning; and conformable to regulations of the law on construction and planning.

2. The Prime Minister approves the planning for border checkpoints on each land border between Vietnam - China, Vietnam - Laos, Vietnam - Cambodia and decides to adjust and amend the planning when necessary.

3. The Ministry of Foreign Affairs shall:

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b) Take charge and cooperate with the agencies mentioned at Point a, Clause 3 of this Article and relevant local authorities in formulating and appraising the planning for border checkpoints on each land border between Vietnam - China, Vietnam - Laos, and Vietnam and Cambodia, and submitting the planning to the Prime Minister for consideration and approval according to the order specified in Appendix I of this Decree;

c) Organize dissemination and provision of information on the planning; organize implementation, assessment and proposal for adjustment and amendment to the border checkpoint planning on each land border between Vietnam - China, Vietnam - Laos, Vietnam - Cambodia according to regulations in Appendix I of this Decree and relevant regulations of the Planning Law.

11. Point b, Point d Clause 1 and point a Clause 2 Article 19 shall be amended as follows:

a) Point b Clause 1 shall be amended as follows:

“b) Be conformable to bilateral agreements on the development of border checkpoints between Vietnam and neighboring countries; be included in the border checkpoint planning on each land border of Vietnam - China, Vietnam - Laos, Vietnam - Cambodia.

In special cases, the Government decides to open or upgrade border checkpoints that are not included in the border checkpoint planning on each land border between Vietnam - China, Vietnam - Laos, Vietnam - Cambodia in order to meet requirements for socio-economic development or serve other urgent requirements”.

b) Point d Clause 1 shall be amended as follows:

“d) Ensuring general criteria specified in Appendix III enclosed with this Decree”.

c) Point a Clause 2 shall be amended as follows:

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12. Name of Article 20 and Points c, d and g, Clause 1; point a, point c, point d Clause 2 shall be amended and Clause 3 shall be added to Article 20 as follows:

a) Name of Article 20 shall be amended as follows:

“Article 20.Order of opening and upgradation of bordercheckpoints; border crossings; customs clearance crossings, specialized roads for transport of goods”.

b) Point c Clause 1 shall be amended as follows:

"c) Within 20 working days after the conclusion of negotiations with the provincial-level administration of the neighboring country, the People’s Committee of the bordering province shall send an application for opening or upgradation of the border checkpoint to the Government (through the Ministry of Foreign Affairs). An application includes an explanatory report on the opening and upgradation of international border checkpoint and main border checkpoint (bilateral border checkpoint); the planning diagram, map of the area for opening or upgradation of the international border checkpoint or main border checkpoint (the original copy); an original copy of a report on criteria for request for the opening or upgradation of international border checkpoint or main border checkpoint (bilateral border checkpoint) (according to criteria specified in Appendix III to this Decree); a report on assessment of the socio-economic, defense and security impacts (an original copy); a report on the flows of people, vehicles and goods on entry and exit (for checkpoints to be upgraded); and copies of the agreement and negotiation minutes;”

c) Point d Clause 1 shall be amended as follows:

"d) Within 30 working days after receiving the report on the application for opening or upgradation of the border checkpoint of the People’s Committee of the bordering province, the Ministry of Foreign Affairs shall take charge and cooperate with the Ministries of National Defense; Public Security; Industry and Trade; Finance; Planning and Investment; Construction; Transport; Agriculture and Rural Development; and Health in, surveying the site of the to-be-opened or -upgraded international border checkpoint or main border checkpoint (bilateral border checkpoint);.

d) Point g Clause 1 shall be amended as follows:

"g) Within 10 working days after receiving the neighboring country’s note via diplomatic channels agreeing to the border checkpoint opening or upgradation, the Ministry of Foreign Affairs shall notify it to the People’s Committee of the bordering province for discussion with the provincial- level administration of the neighboring country, cooperation in holding a ceremony to officially start the opening or upgradation of the international border checkpoint or main border checkpoint (bilateral border checkpoint); or agreement on the time for official operation of international border checkpoint, main border checkpoint (bilateral border checkpoint).

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dd) Point a Clause 2 shall be amended as follows:

"a) At the proposal of the provincial-level Border Guard Command, the president of the People’s Committee of the bordering province shall decide to form a working team composed of representatives of the related provincial-level departments and authorities, including the Border Guard Command, the Military Command, the Departments of 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 where there is the to-be-opened or -upgraded secondary border checkpoint or border crossing, with the provincial-level Border Guard Command taking charge of conducting surveys to identify the site for the to-be-opened or -upgraded secondary border checkpoint or border crossing, physical foundations, equipment and facilities and human resources for inspection and control, and the flows of people, vehicles and goods on entry and exit.  Within 07 working days after completing the survey, the provincial-level Border Guard Command shall summarize the survey result and propose the provincial-level People’s Committee on the opening or upgradation of the secondary border checkpoint (local checkpoint) or border crossing”.

e) Point c Clause 2 shall be amended as follows:

“c) Within 20 working days after the conclusion of negotiations with the provincial-level administration of the neighboring country, according to the negotiation results, the People’s Committee of the bordering province shall send an official letter asking for comments of the Ministries of National Defense; Foreign Affairs; Public Security; Industry and Trade; Finance; Agriculture and Rural Development; Construction; Natural Resources and Environment, Planning and Investment; Transport; and Health enclosed with an application. An application includes an explanatory report on the opening and upgradation of the secondary border checkpoint or border crossing (an original copy); the planning diagram, map of the area for opening or upgradation of the secondary border checkpoint or border crossing (an original copy); an original copy of a report on criteria for request for the opening or upgradation of the secondary border checkpoint or border crossing (according to criteria specified in Appendix III to this Decree); a report on assessment of the socio-economic, defense and security impacts (an original copy); a report on the flows of people, vehicles and goods on entry and exit (in case of upgradation from the crossing to the secondary border checkpoint); and copies of the agreement and negotiation minutes;”< Within 10 working days after receiving the official letter of the People’s Committee of the bordering province, the ministries shall reply in writing”.

g) Point d Clause 2 shall be amended as follows:

“d) According to the comments of the ministries specified at Point c of this Clause, the People’s Committee of the bordering province shall send a summarization report to the Government (enclosed with an application). An application includes a report to the Government (an original copy according to form specified in Appendix II to this Decree); the planning diagram and map of the area for opening or upgradation of the secondary border checkpoint or border crossing (an original copy); a report on criteria for request for the opening or upgradation of the secondary border checkpoint or border crossing (according to criteria specified in Appendix III to this Decree); a report on socio-economic, defense and security impacts (an original copy); a summarization report on comments of the ministries and authorities (an original copy); and copies of the agreement and negotiation minutes;

Within 10 working days after receiving the written approval of the Government, the People’s Committee of the bordering province shall issue a decision to open or upgrade the secondary border checkpoint or border crossing and notify it to the ministries specified at Point c of this Clause”;

h) Clauses 3 shall be added after Clause 2 of Article 20 as follows:

“3. The order of opening and upgradation of customs clearance crossings, specialized roads for transport of goods shall comply with regulations in Clause 1 of this Article”.

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“2. Direct the Border Guard to 

a) Perform the function of state management of national defense, security and foreign affairs, assurance about the maintenance of political security, social order and safety as prescribed in Articles 13, 14 and 15 of the Vietnam Border Guard Law;

b) Carry out the responsibility of the Border Guard at the border checkpoint as prescribed in Clause 3, Article 1 of this Decree.

14. Clause 1 Article 26 shall be amended as follows:

"1. The Ministry of Foreign Affairs shall:

a) Take charge and cooperate with relevant ministries, central and local authorities in making the planning for border checkpoints on each land border between Vietnam - China, Vietnam - Laos, and Vietnam and Cambodia according to regulations in Clause 10 of this Article and relevant documents for submission to the Prime Minister for approval;

b) Take charge and cooperate with relevant ministries and authorities in considering and advising the Government to implement the policy on opening and upgradation of border checkpoints as prescribed in Clause 12 of this Article and Article 20 of the Government’s Decree No. 112/2014/ND-CP dated November 21, 2014 on management of land border checkpoints; provide guidance on the implementation of processes and procedures for opening and upgradation of border checkpoints and border crossings according to regulations of this Decree and relevant documents”.

15. Point a Clause 4 Article 26 shall be annulled.

16. Clause 4 shall be amended and Clause 5 shall be added to Article 27 as follows:

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“4. Direct the Border-Checkpoint Economic Zone Management Boards and Border Checkpoint Management Boards to carry out their responsibilities for administration of operations at the border checkpoints according to regulations in Article 9, Article 10, Article 11 of the Decision No. 45/2013/QD- TTg dated July 25, 2013 of the Prime Minister on promulgation of the Regulation on administration of operations at land border checkpoints”.

b) Clause 5 shall be added as follows:

“5. Take charge and cooperate with relevant ministries and authorities in deciding investment in projects on border checkpoint areas in accordance with law; construct border checkpoint infrastructure and complete it within 36 months after the Government's Resolution on opening and upgradation of border checkpoints is issued; allocate human resources and equipment according to standards of corresponding types of border checkpoints specified in Appendix IV enclosed with this Decree”.

Article 2. Effect

1. This Decree comes into force from July 31, 2023.

2. Regarding applications for opening or upgradation of international border checkpoints, main border checkpoints that are being sent to the Government (via the Ministry of Foreign Affairs) and applications for opening or upgradation of secondary border checkpoints or border crossings that People's Committees of bordering provinces are collecting opinions from ministries including the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Finance, the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, the Ministry of Transport and the Ministry of Health before the effective date of this Decree, the application of procedures and compositions of these applications shall comply with regulations of Government's Decree No. 112/2014/ND-CP dated November 21, 2014 on management of land border checkpoints.

3. Regulations in Article 5, Article 6, Article 7, Article 13, Article 16, Article 21, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27 of Government’s Decree No. 112/2014/ND-CP dated November 21, 2014 on management of land border checkpoints shall be applied to border crossings specified in Clause 2, Article 1 of this Decree.

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