Chương VI Nghị định 14/2018/NĐ-CP quy định chi tiết về hoạt động thương mại biên giới: Tổ chức thực hiện và hiệu lực thi hành

Chapter VI

IMPLEMENTATION AND EFFECT

Article 23. Responsibilities of the Ministry of Industry and Trade

1. Take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in providing guidelines for implementing this Decree.

2. Take charge or cooperate with relevant ministries and industries in advising the Government or the Prime Minister to manage and operate border trade.

3. Cooperate with relevant ministries, industries and People’s Committees of bordering provinces in directing, operating and providing guidelines for border trade within its competence.

4. Take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in conducting border trade at auxiliary checkpoints or border crossing.

5. Take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in regulating cross-border trade in goods conducted by traders in case of congestion or potential congestion of goods at checkpoints or border crossings of bordering provinces, risk of environmental pollution, natural disasters, epidemics and other necessary cases.

6. Cooperate, exchange or reach an agreement with competent authorities of neighboring countries on cooperation mechanism in management of border trade.

7. Consolidate or make periodic or ad-hoc reports on border trade and send them to competent authorities.

Article 24. Responsibilities of relevant ministries and industries

1. The Ministry of National Defense shall take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in carrying out state management at border checkpoints within its competence.

2. The Ministry of Finance shall take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in providing guidelines for implementing tax, fee and charge policies and customs procedures for imported/exported goods; cooperate with the Ministry of National Defense in managing vehicles arriving at or leaving bordering areas in border trade.

3. The Ministry of Health shall take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in managing or providing guidelines for carrying out health quarantine in bordering areas and inspection of food safety in accordance with regulations of law on food safety in border trade.

4. The Ministry of Agriculture and Rural Development shall take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in managing or providing guidelines for carrying out quarantine of plants, animals or aquatic products or food safety in accordance with regulations of law on food safety in border trade.

5. The Ministry of Science and Technology shall take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in managing or providing guidelines for carrying out inspection of goods quality in border trade.

6. The Ministry of Transport shall take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in facilitating transport infrastructure development serving border trade; providing guidelines for implementing international agreements and regulations related to vehicles arriving at or leaving bordering areas.

7. The State Bank of Vietnam shall take charge or cooperate with relevant ministries, industries and People’s Committees of bordering provinces in managing or providing guidelines for making payments in border trade.

8. The Ministry of Public Security within its competence shall cooperate with relevant ministries, industries and People’s Committees of bordering provinces in managing residence in bordering areas, ensuring bordering security, managing immigration and vehicles arriving at or leaving bordering areas in border trade; intensify international cooperation with law enforcement authorities of foreign countries in taking actions against and response to criminals committing violations of border trade.

9. Relevant ministries and authorities shall cooperate with the Ministry of Industry and Trade in ensuring consistency with guidelines and directing management and operation of border trade within their competence.

Article 25. Responsibilities of People’s Committees of bordering provinces

1. Manage and operate border trade at border checkpoints in accordance with regulations of law and the Prime Minister in each period.

2. Comply with operation directions on border trade given by the Ministry of Industry and Trade and relevant ministries or industries.

3. Actively develop mechanisms or policies to encourage traders of all types of ownership to invest and develop activities supporting trade at checkpoints.

4. Direct relevant departments, industries and authorities of provinces to closely monitor border trade; report border trade in their provinces to the Ministry of Industry and Trade on a periodic or ad hoc basis.

5. Publish the list of auxiliary checkpoints and border crossings mentioned in Clause 2 Article 6 herein.

6. Take actions against congestion of goods in their provinces in compliance with Clause 2 Article 54 of the Law on Foreign trade management.

Article 26. Effect

1. This Decree comes into force from January 23, 2018.

2. The Decision No. 52/2015/QD-TTg dated October 20, 2015 by the Prime Minister on management of border trade with neighboring countries shall be superseded.

3. Documents publishing auxiliary checkpoints and border crossings where border trade is allowed issued by People’s Committees of bordering provinces in compliance with the Decision No. 52/2015/QD-TTg and Circulars issued under such Decision before the effective date of this Decree shall continue the effective periods mentioned in such documents.

4. Ministers, heads of ministerial and governmental authorities, chairpersons of People’s Committees of provinces/central-affiliated cities shall implement this Decree.