Vietnam: What is the purpose of opening land border crossings? Does the Border Gate Department have the power to direct the handling of violations committed at land border crossings?
- What is the purpose of opening land border crossings in Vietnam?
- Does the Border Gate Department have the power to direct the handling of violations committed at land border crossings in Vietnam?
- What are the regulations on the inspection and supervision of goods exported and imported through land border crossings by border guards at border gates in Vietnam?
What is the purpose of opening land border crossings in Vietnam?
Under the provisions of Clause 4 Article 4 of Decree 112/2014/ND-CP amended by Clause 2 Article 1 of Decree 34/2023/ND-CP:
Types of land border gates; border crossings; customs clearance crossings, specialized roads for transport of goods of international border gates, main border gates (bilateral border gates)
1. Types of land border gates
a) International border gates 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 gates (bilateral border gates) 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 gates (local gates) which are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries in bordering provinces where there are border gates; 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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Thus, according to the above-mentioned provisions, land border crossings in Vietnam:
- are opened for border inhabitants of two sides and their vehicles, goods and articles, and traders’ vehicles and goods to travel.
- or are opened in force majeure cases or at the special request of two sides.
Does the Border Gate Department have the power to direct the handling of violations committed at land border crossings in Vietnam?
According to the provisions of Article 14 of Circular 09/2016/TT-BQP regulating the responsibility for handling violations at border gates and land border openings as follows:
Responsibility for handling violations at land border gates or crossings
1. The Border Gate Department shall assume the prime responsibility for directing the handling of violations according to its functions and competence and advise the Border Guard High Command on directing the handling of entry-, exit-, import- and export-related violations at land border gates or crossings.
2. In the course of performing the tasks prescribed in Article 9, 10, 11, 12 or 13 of this Circular, when detecting entry-, exit-, import- and export-related or other violations of law at land border gates or crossings, heads of border guard units of land border gates or crossings shall assume the prime responsibility for handling such violations according to their competence and coordinate with functional forces in advising commanders of border guard posts on handling the violation in accordance with law.
According to the above-mentioned regulations, the Border Gate Department shall direct the handling of violations according to its prescribed functions and competence; and advise the Border Guard High Command on directing the handling of entry-, exit-, import- and export-related violations at land border gates or crossings.
Thus, the Border Gate Department shall handle violations committed at land border crossings according to its functions and competence.
What are the regulations on the inspection and supervision of goods exported and imported through land border crossings by border guards at border gates in Vietnam?
Clause 2 Article 12 of Circular 09/2016/TT-BQP amended by Clause 1 Article 1 of Circular 44/2018/TT-BQP regulates the responsibility for coordinating inspection and supervision of goods exported and imported through land border gates and border crossings specified at Point c, Clause 1, Article 6 of Decree 112/2014/ND-CP.
The inspection and supervision of goods exported and imported through land border crossings by border guards at border gates in Vietnam are prescribed as follows:
- For exported goods: At Barie No. 1, the border guards at the border gate shall check the documents of persons and vehicles used for transporting goods that have been cleared for exit, if detecting exported goods with signs of violating the law, coordinate with the customs authority at the border gate to conduct inspection, handle under the provisions of law.
- For imported goods:
+ At Barie No. 1, the border guards at the border gate shall check documents of persons and vehicles used for transporting goods that are eligible to enter the territory of Vietnam, instruct the driver to put the vehicle into position for the customs authority at the border gate to carry out procedures for importing goods according to regulations.
+ At Barie No. 2, the border guards at the border gate shall inspect entry documents of persons and vehicles used for transporting goods after completing the entry procedures into Vietnam, if detecting imported goods with signs of law violation, coordinate with the customs authority at the border gate to conduct inspection, handle under the law".
- Coordinate in guiding and supervising the process of transporting loading and unloading goods to ensure security and order in the border gate area;
- After inspecting imported and exported goods to ensure security, having completed prescribed procedures, carry out exit and entry procedures for persons and vehicles used for transporting goods;
- Store information on imported and exported goods according to regulations, serving the synthesis, lookup, and processing when necessary.
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