Which border gate is opened for the entry and exit of Vietnamese and foreign people and vehicles according to Decree 34/2023/ND-CP?
What are the definitions of border gates and border gate areas in Vietnam?
Under the provisions of Clause 2 and Clause 3, Article 3 of Decree 112/2014/ND-CP amended by Decree 34/2023/ND-CP, definitions of border gates and border gate areas are specified as follows:
(1) For border gates
Land border gate (hereinafter referred to as “border gate or gate”) means a place where exit, entry, import, export, and movements across the national land border take place. A border gate may include one or various types of operational characteristics. Border gates include land border gates, railway border gates, and inland waterway border gates
(2) Border gate area
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 borderline, which consists of functional zones to ensure state management activities and service and trading activities at the border gate.
Thus, the definitions of border gates and border gate areas are defined according to the above content.
In particular, border gates include;
- International border gate;
- Main border gate (bilateral border gate);
- Secondary border gates and border crossings.
Which border gate is opened for the entry and exit of Vietnamese and foreign people and vehicles according to Decree 34/2023/ND-CP?
Under Clause 2, Article 1 of Decree 34/2023/ND-CP, there are amendments to border gates as follows:
Types of land border gates; border crossings; customs clearance crossings, specialized roads for transport of goods of international border gates, main border checkpoints (bilateral border checkpoints)
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 checkpoints; import and export of goods and articles.
Thus, according to the above regulations, international border gates are opened for the entry and exit of Vietnamese and foreign people and vehicles; as export and import of goods and articles.
What are the acts prohibited in border gate areas in Vietnam?
Under the provisions in Article 7 of Decree 112/2014/ND-CP as follows:
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.
Thus, acts prohibited in border gate areas in Vietnam include:
- 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.
- 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.
- Seeing off or receiving people, transporting, loading and unloading cargo not at designed places, entering restricted areas.
- Badly affecting public sanitation, causing environmental pollution and other acts adversely affecting the landscapes of border gates.
- Other activities contravening Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.
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