Regulations on border checkpoint planning in Vietnam

Regulations on border checkpoint planning in Vietnam (Internet image)

1. Adding the concept of border checkpoint planning

Decree 34/2023/ND-CP (effective from July 31, 2023) adds the concept of border checkpoint planning as follows:

Border checkpoint planning means identification of the development orientation of the border checkpoint system on each land border between Vietnam - China, Vietnam - Laos, and Vietnam – Cambodia

2. Regulations on border gate planning in Vietnam

Decree 34/2023/ND-CP amending Decree 112/2014/ND-CP regulates border gate planning in Vietnam as follows:

- The planning for border checkpoints, construction and development of border checkpoint systems shall be based on the situation of each border between Vietnam - China, Vietnam - Laos, Vietnam – Cambodia, each local area, conformable to the requirements of socio-economic development and maintenance of national defense, security and territorial sovereignty that have been orientated in regional and provincial planning; and conformable to regulations of the law on construction and planning.

- The Prime Minister approves the planning for border checkpoints on each land border between Vietnam - China, Vietnam - Laos, Vietnam - Cambodia and decides to adjust and amend the planning when necessary.

- The Ministry of Foreign Affairs shall:

+ Take charge and cooperate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Construction, the Ministry of Transport, the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Health, the Ministry of Agriculture and Rural Development in formulation, appraisal and approval for the planning for border checkpoints on each border, including:

The planning for border checkpoints on the land border between Vietnam and China, the planning for border checkpoints on the land border between Vietnam and Laos, the planning for border checkpoints on the land border between Vietnam - Cambodia according to the order specified in Appendix I of Decree 112/2014/ND-CP;

+ Take charge and cooperate with the agencies mentioned at Point a, Clause 3 of Article 18 of Decree 112/2014/ND-CP and relevant local authorities in formulating and appraising the planning for border checkpoints on each land border between Vietnam - China, Vietnam - Laos, and Vietnam and Cambodia, and submitting the planning to the Prime Minister for consideration and approval according to the order specified in Appendix I of Decree 112/2014/ND-CP;

+ Organize dissemination and provision of information on the planning; organize implementation, assessment and proposal for adjustment and amendment to the border checkpoint planning on each land border between Vietnam - China, Vietnam - Laos, Vietnam - Cambodia according to regulations in Appendix I of Decree 112/2014/ND-CP and relevant regulations of the Planning Law.

3. Principles of and competence for opening and upgrading of border gates in Vietnam

- Principles of the opening and upgrading of border gates:

+ With the agreement of the provincial-level administrations of localities of two sides where exist border gates; the approval of the Governments of the Socialist Republic of Vietnam and the neighboring country or under decisions of competent Vietnamese agencies on opening as prescribed by this Decree;

+ Be conformable to bilateral agreements on the development of border checkpoints between Vietnam and neighboring countries; be included in the border checkpoint planning on each land border of Vietnam - China, Vietnam - Laos, Vietnam - Cambodia.

In special cases, the Government decides to open or upgrade border checkpoints that are not included in the border checkpoint planning on each land border between Vietnam - China, Vietnam - Laos, Vietnam - Cambodia in order to meet requirements for socio-economic development or serve other urgent requirements

+ Guaranteeing the national border territorial sovereignty, defense and security, and external relations;

+ Ensuring general criteria specified in Appendix III enclosed with this Decree

- Competence to open and upgrade border gates

+ The Government decides to open and upgrade international border checkpoints, main border checkpoints (bilateral border checkpoints) and open customs clearance crossings and specialized roads for transport of goods in accordance with regulations of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a signatory;

+ The People’s Committees of border provinces shall decide on the opening of secondary border gates and border crossings after consulting related ministries and sectors and obtaining the approval of the Government.

Duong Chau Thanh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE