Vietnam: How are working hours at border gates regulated?

According to Decree No. 112/2014/NĐ-CP of Vietnam’s Government, working hours at border gates are specified as follows:

- The working hours at border gates must comply with provisions of the treaties to which the Socialist Republic of Vietnam is a contracting party.

- The governments of two sides shall reach agreement to decide on the change of working hours at international border gates and main border gates (bilateral border gates) through diplomatic channels.

- Chairpersons of the People’s Committees of border provinces shall reach agreement with the administrations of the opposite provinces to prescribe or change working hours at secondary border gates and border crossings after consulting the Ministry of National Defense and the Ministry of Finance.

- Provincial-level Border Guard commanders shall reach agreement with functional agencies of neighboring countries to decide on the time for opening border gates beyond the daily working hours in cases of urgency related to defense, security, natural disasters, fires, rescue of victims, pursuit of criminals or for other force majeure reasons, and at the same time promptly report it to the provincial-level People’s Committee and Border Guard Command and take responsibility before law for their decisions.

Besides, Decree No. 112/2014/NĐ-CP also stipulates the inspection, control and supervision at secondary border gates and border crossings as follows:

- At secondary border gates or border crossings where adequate specialized state management agencies are located and technical infrastructure facilities for state management are available (areas for carrying out entry, exit, import and export inspection, control and supervision procedures; storehouses and yards for concentration of to-be-exported and -imported goods, roads for cargo transport; car parks and wharves), the inspection, control and supervision of entry and exit activities through the national border are the same as those for international border gates or main border gates.

- At secondary border gates or border crossings where there are inadequate specialized state management agencies and technical infrastructure facilities, the procedures for inspecting, controlling and supervising the cross-border movement of border inhabitants of two sides shall be carried out at border guard control stations.

- The Ministries of National Defense; Industry and Trade; and Finance and People’s Committees of border provinces shall coordinate with one another in directing and managing exit and entry activities through border crossings opened for the effective implementation of the border trade policy in accordance with Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

View more details at Decree No. 112/2014/NĐ-CP of Vietnam’s Government, effective from January 15, 2015.

Le Hai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE