Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides:
1. Inspection, control and supervision activities of specialized state management agencies at land border gates or crossings.
2. The exit and entry of people; the exit, entry, transit, temporary import for re-export of vehicles (below referred to as exit and entry for short); the export, import, temporary import for re-export, temporary export for re-import, transit, border-gate transshipment of goods and products (below referred to as import and export) through land border gates or crossings (below referred to as via-border gate exit and entry).
3. Border gate areas; exit, entry, stay and temporary residence in border gate areas; the conditions, competence and time for restriction or suspension of movement through land border gates or crossings.
4. The opening, upgrading, planning, construction and development of land border gate systems.
5. Responsibilities of state management agencies for the management of land border gates and crossings.
Article 2. Subjects of application
1. Vietnamese and foreign organizations and individuals on exit or entry through border gates; leaving, entering, staying or operating in land border gate or crossing areas.
2. Specialized state management agencies and related state management agencies involved in exit and entry activities through land border gates or crossings.
3. State management agencies competent to open, upgrade, restrict and suspend the movement through land border gates and crossings, and plan, develop and construct land border gate systems.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. National gate means a gate built at a border gate, bearing the characteristics of Vietnamese culture, demonstrating the national independence and symbolizing the friendship and solidarity with the neighboring country.
2. Land border gate (below referred to as border gate for short) means a place where exit, entry, transit, import, export and movements across the national land border take place. Border gates include land border gates, railway border gates and inland waterway border gates.
3. Inland waterway border gate means a mainland border gate opened on a waterway running through the national land border.
4. Land border gate area (below referred to as border gate area) means the area identified with part of its administrative boundary overlapping the national land border line, which consists of functional zones to ensure state management activities and service and trading activities at the border gate.
5. Specialized state management agencies at a border gate include agencies performing the functions and tasks of carrying out procedures, inspecting, controlling and supervising people, vehicles, goods, articles on exit or entry through the border gate, which include the border guard; customs; and (medical, animal and plant) quarantine offices.
6. Neighboring countries are those sharing the land border lines with the Socialist Republic of Vietnam, including the People’s Republic of China, the Lao People’s Democratic Republic and the Cambodian Kingdom.
7. Border inhabitants of two sides means Vietnamese citizens and citizens of neighboring countries, who possess books of permanent residence in communes, wards or townships (or equivalent administrative areas) with part of their administrative boundaries overlapping the national land border line.
8. Border inhabitants’ goods means those produced in the Socialist Republic of Vietnam or a neighboring country, which are purchased, sold or exchanged by border inhabitants in border areas of two sides to meet their daily-life and production demands.
9. Articles means material products on exit or entry via border gates for non-commercial purposes, including:
a/ Medical products being human corpses, remains and ashes, bio-products, micro-bio samples, and human tissues or parts;
b/ Cultural and artistic products and objects containing cultural or artistic content;
c/ Precious metals, gemstones, and jewelries;
d/ Mineral, animal or plant samples for research, collection or exhibition activities;
dd/ Personal effects of passengers on exit or entry through border gates;
e/ Other material products being articles prescribed by relevant legal documents.
10. Cross-border movement procedures means the administrative procedures carried out by specialized state management agencies at border gates for people, vehicles, goods and articles on exit or entry. These procedures include the border-guard procedures, customs procedures, quarantine procedures and other relevant procedures under treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 4. Types of land border gates
Based on the scope of subjects on entry and exit, land border gates are classified into international border gates, main border gates (bilateral border gates), secondary border gates and border crossings (below refereed collectively to as border gates).
1. International border gates are opened for the entry and exit of Vietnamese and foreign people and vehicles; export and import of goods and articles.
2. Main border gates (bilateral border gates) are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries sharing the border gates; import and export of goods and articles.
3. Secondary border gates are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries in border provinces; import and export of goods and articles.
4. Border crossings (crossings for travel to and from border markets of either or two sides; border customs clearance places for goods; temporary crossings) are opened for border inhabitants of two sides and their vehicles and goods to travel and in other cases, aiming to implement the border trade policy prescribed by the Prime Minister; or opened in force majeure cases or at the special request of two sides.
Article 5. Principles of via-border gate exit and entry
1. People, vehicles, goods and articles on exit and entry through a border gate must have adequate valid papers; comply with the principles and procedures for exit, entry, import and export and other provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party; and be subject to the management, inspection, control and supervision by specialized state management agencies at the border gate.
2. People other than inhabitants on two sides, their vehicles and goods travelling through border crossings for implementation of the border trade policy shall comply with the Prime Minister’s regulations.
3. The exit and entry of Vietnamese and foreign people, vehicles, goods and articles must be made only through border gates or crossings defined in Article 4 of this Decree.
Article 6. Responsibilities of specialized state management agencies at border gates
1. The border guards at border gates
a/ To advise the Ministry of National Defense on the implementation of the contents of state management at border gates under the charge of the Ministry of National Defense;
b/ To assume the prime responsibility for, and coordinate with specialized state management bodies at border gates in, carrying out the border-guard procedures and the inspection, control and supervision of the exit and entry of people and vehicles; activities of managing and defending the national border sovereignty; preventing and fighting crimes, maintaining political security, social order and safety; and perform the tasks of military and border-guard external relations;
c/ To coordinate in inspecting and supervising goods and articles on exit and entry via border gates; to maintain security of imports and exports; to prevent and combat smuggling and trade frauds;
d/ To issue, modify, supplement and cancel visas; to issue temporary residence certificates in accordance with law.
2. The border gate customs offices shall assume the prime responsibility for, and coordinate with specialized state management agencies at border gates in, carrying out export and import procedures for goods at border gates; preventing and combating the transport and trading of goods on the list of banned goods, smuggling and trade frauds; and conducting customs inspection and supervision of vehicles on exit, entry or in transit in accordance with law.
3. The (medical, animal and plant) quarantine offices shall assume the prime responsibility for, and coordinate with specialized state management agencies at border gates in, settling matters related to quarantine and epidemic prevention activities at border gates.
Article 7. Acts prohibited in border gate areas
1. Using counterfeit passports and papers or passports and papers contrary to the provisions of Vietnamese law; organizing illegal exit and entry, sending, receiving, guiding and transporting people on illegal exit or entry.
2. Propagating for, inciting or committing acts of undermining security, causing troubles or public disorder, causing hindrances to lawful circulation activities at border gates; declining to abide by or obstructing the inspection and control by specialized state management agencies at border gates; illegally using, trading in and transporting documents and objects containing information on military secrets and state secrets, and harmful books, papers and cultural products.
3. Seeing off or receiving people, transporting, loading and unloading cargo not at designed places, entering restricted areas.
4. Badly affecting public sanitation, causing environmental pollution and other acts adversely affecting the landscapes of border gates.
5. Other activities in contravention of Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.
Tìm kiếm
Nghị định 112/2014/NĐ-CP quy định về quản lý cửa khẩu biên giới đất liền (Bản Word)
Nghị định 112/2014/NĐ-CP quy định về quản lý cửa khẩu biên giới đất liền (Bản Pdf)
