Chương IV Nghị định 112/2014/NĐ-CP quy định về quản lý cửa khẩu biên giới đất liền: Quản lý nhà nước và trách nhiệm của các bộ, ngành, ủy ban nhân dân các tỉnh đối với cửa khẩu biên giới

Chapter IV

BORDER-GATE STATE MANAGEMENT AND RESPONSIBILITIES OF MINISTRIES, SECTORS AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES

Article 21. Contents of the state management of border gates

1. To promulgate, and organize the implementation of, legal documents on border gates.

2. To propagate, disseminate and educate in the law on border gates.

3. To formulate master plans on development of border gate systems; opening and upgrading of border gates.

4. To develop policies for management of exit and entry activities through border gates.

5. To organize, train and retrain the specialized state management forces at border gates to raise their professional qualifications; to invest in equipment and facilities, construction of infrastructure facilities in border gate areas, to conduct scientific and technological research and application to managerial work and facilitate exit and entry activities through border gates.

6. To negotiate, conclude and organize the implementation of, treaties on border gates; to implement international cooperation on construction and management of border gates.

7. To inspect, examine and settle complaints and denunciations and handle violations of the law on border gates.

Article 22. Responsibilities of the Ministry of National Defense

1. To assume the prime responsibility for, and coordinate with related ministries and sectors and People’s Committees of border provinces in, taking responsibility to the Government for the state management of border gates.

2. To direct the Border Guard to perform the function of state management of national defense; to ensure the national territorial sovereignty, to maintain political security, social order and safety in border gate areas; to assume the prime responsibility for carrying out the procedures, inspection, control and supervision of exit and entry of people and vehicles; to coordinate in inspecting and supervising imports and exports; to issue permits as prescribed; to assume the prime responsibility for, and coordinate with related ministries and sectors in the opening and upgrading of border gates and border crossings; to guide the procedures applicable to people and vehicles outside the border gate areas on entry or exit via border crossings.

3. To coordinate with the Ministry of Foreign Affairs, other related ministries and People’s Committees of border provinces in building, planning and developing the border gate system, ensuring defense and security requirements.

4. To annually coordinate with the Ministry of Finance and the Ministry of Planning and Investment in preparing budget estimates for implementation of this Decree.

Article 23. Responsibilities of the Ministry of Finance

1. To coordinate with the Ministry of National Defense in ensuring budgets for the implementation of this Decree in accordance with the Law on the State Budget and its guiding documents.

2. To direct the General Department of Customs to perform the state management of border-gate customs according to Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 24. Responsibilities of the Ministry of Health

1. To organize, guide and supply equipment for, the medical quarantine agencies to perform the function of medical quarantine at land border gates and crossings according to Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. To coordinate with the Ministry of National Defense in restricting or suspending the cross-border movement at land border gates and crossings in case of human epidemics as prescribed by this Decree.

Article 25. Responsibilities of the Ministry of Agriculture and Rural Development

1. To direct the animal and plant quarantine agencies to perform the function of animal and plant quarantine at land border gates and crossings according to Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. To coordinate with the Ministry of National Defense in restricting or suspending cross- border movement at land border gates and crossings in case of epidemic occurrence as prescribed by this Decree.

Article 26. Responsibilities of related ministries and sectors

1. The Ministry of Foreign Affairs:

a/ To assume the prime responsibility for, and coordinate with the Ministries of National

Defense; and Planning and Investment, and People’s Committees of border provinces in, formulating the master plans on development of the systems of land border gates nationwide, and submit them to the Government for approval;

b/ To discharge the responsibilities related to the opening and upgrading of border gates under Article 20 of this Decree; to guide the processes and procedures for opening and upgrading border gates and crossings; if a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides, that treaty prevails.

2. The Ministry of Public Security:

a/ To coordinate with the Ministry of National Defense in guiding the control of exit and entry activities through border gates;

b/ To direct public security units and local forces to coordinate with the border guard forces and related agencies in performing the tasks of protecting the national security, maintaining social order and safety, and preventing and fighting crimes in border gate areas.

3. The Ministry of Industry and Trade:

a/ To perform the state management of export and import and border trade activities through border gates;

b/ To formulate annual and periodical border trade policies and submit them to the Prime Minister for approval;

c/ To coordinate with related ministries and sectors and People’s Committees of border provinces in combating smuggling and trade frauds across border gates.

4. The Ministry of Construction:

a/ To assume the prime responsibility for, and coordinate with the Ministries of National Defense; Finance; Foreign Affairs; Planning and Investment; Health; and Agriculture and Rural Development, and the People’s Committees of border provinces in, formulating master plans on construction of international border gate and main border gate areas;

b/ To study and formulate designing standards, asking for comments of the Ministries of National Defense; Finance, Health, Agriculture and Rural Development; Planning and Investment; and Culture, Sports and Tourism for the construction of national gates and joint control houses, and submit them to the Prime Minister for approval for implementation nationwide;

c/ To perform the state management of construction of technical infrastructure facilities and works in land border gate areas according to its prescribed functions, tasks and powers.

5. The Ministry of Planning and Investment:

a/ To assume the prime responsibility for, and coordinate with the Ministries of National Defense; Public Security; Foreign Affairs and related ministries and sectors and the People’s Committees of border provinces in, advising the Government on the formulation of strategies for socio-economic development of land border gate areas nationwide;

b/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, balancing annual development investment budgets and mobilizing other resources for investment in the construction of facilities in land border gate areas.

6. The Ministry of Transport:

a/ To formulate master plans on development of transport infrastructure facilities within the system of land border gates nationwide and submit them to the Government for approval; to assume the prime responsibility for, and coordinate with related ministries and People’s Committees of border provinces in, connecting roads from Vietnamese border gates to border gates of neighboring countries;

b/ To implement the regulations on via-border gate exit and entry of transport vehicles under the provisions of treaties to which the Socialist Republic of Vietnam is a contracting party.

7. The Vietnam Committee for Cooperation on Border Gate Management:

To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, implementing the Vietnam-China Agreement on Border Gates and Regulation on Management of Land Border Gates according to its functions, tasks and powers defined in the Charter of the Vietnam-China Committee for Management of Land Border Gates and relevant legal documents.

Article 27. Responsibilities of the People’s Committees of provinces with border gates

1. To direct the construction of national gates, joint control houses, infrastructure facilities and transport systems in border gate areas.

2. To arrange budget sources for placing signboards and instruction signs at border gates.

3. To annually deduct local budgets for implementation of the Decree; to coordinate with the Ministry of National Defense and related ministries and sectors in organizing the propagation, study and implementation of the Decree.

4. To direct the Border Gate Management Boards to administer and coordinate with specialized state management agencies and related state management agencies in handling matters in the administrative procedures and environmental sanitation and the management of common infrastructures, property and equipment, aiming to ensure the state management at border gates.