Chương 4 Quyết định 254/2006/QĐ-TTg: Mua bán hàng hoá tại chợ biên giới, chợ cửa khẩu và chợ trong khu kinh tế cửa khẩu

Chapter 4

GOODS PURCHASE AND SALE IN BORDER MARKETPLACES, BORDER-GATE MARKETPLACES AND MARKETPALCES IN BORDER-GATE ECONOMIC ZONES

Article 10. Border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones

1. Border marketpalces are marketplaces established in border areas on the land within Vietnam’s territory but outside the marketplaces stipulated in clause 2 and clause 3 below.

2. Border-gate marketplaces are marketpalces established in border areas on the land within Vietnam’s territory and connected to goods export, import border-gates but not belonging to Border-gate economic zones.

3. Marketpalces in Border-gate economic zones are marketplaces established in Border-gate economic zones under the Prime Minister’s Decision No. 53/2001/QD-TTg of April 19, 2001 on the policy on Border-gate economic zones.

Article 11. Business subjects at marketplaces

1. Vietnamese enterprises, business households with business registration certificates issued by competent State agencies are entitled to conduct business at border marketpalce, border-gate marketplaces and marketplaces in border-gate economic zones

2. Enterprises, business households of bordering countries must comply with the Government's Decree No. 34/2000/ND-CP of August 18, 2000 on the Regulation on mainland border areas of The Socialist Republic of Vietnam and provisions relating to the travel, residence and business in border areas:

a) Entitled to conduct business at border-gate marketplaces and border marketplaces upon being issued the business permits by Departments of Trade in provincial bordering provinces;

b) Entitled to conduct business at marketplaces in Border-gate economic zones upon being issued the business permits by the Management board of Border-gate economic zones.

3. Citizens of bordering countries who are entitled to conduct business at border marketplaces, border-gate marketplaces or marketplaces in Border-gate economic zones with the license of business at those marketplaces have not yet expired, if having demand for residence temporarily in Vietnam shall be considered and issued the temporary residence certificates or temporary residence cards by Vietnam’s competent agencies under the guidance of the Ministry of Public Security.

Article 12. Marketplace management

1. The decisions on establishing (or dissolving) and prescribing the functions, tasks and powers of the marketplace management agencies regarding border marketplaces, border-gate marketplaces shall be implemented under the decentralization of each kind of marketplaces prescribed in the Government's Decree No. 02/2003/ND-CP of January 14, 2003 on marketplace management and development.

2. The Heads of the Management board of the Border-gate economic zones shall issue decisions on the establishment (or dissolution) of marketplaces in Border-gate economic zones and prescribe the functions, tasks and powers of the marketplace management agencies as prescribed in the Government's Decree No. 02/2003/ND-CP of January 14, 2003 on market management and development.

3. Other contents relating to border marketplaces, border-gate marketplaces and marketplaces in Border-gate economic zones not being prescribed in this Decision shall be implemented as prescribed in the Government's Decree No. 02/2003/ND-CP of January 14, 2003 on marketplace management and development.

4. Provisions on border marketplaces, border-gate marketplaces and marketplaces in Border-gate economic zones in this Decision which are different from bilateral agreements between the Government of The Socialist Republic of Vietnam and the Government of the bordering countries shall be implemented under the bilateral agreements signed by both Governments.