What is land border gate? Types of land border gates in Vietnam

What is land border gate? Types of land border gates in Vietnam (Internet image)

1. What is land border gate?

Land border gate (below referred to as border gate for short) means a place where exit, entry, transit, import, export and movements across the national land border take place. Border gates include land border gates, railway border gates and inland waterway border gates.

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 border line, which consists of functional zones to ensure state management activities and service and trading activities at the border gate.

(Clause 2, 4, Article 3 of Decree 112/2014/ND-CP)

2. Types of land border gates in Vietnam

Based on the scope of subjects on entry and exit, land border gates are classified into international border gates, main border gates (bilateral border gates), secondary border gates and border crossings (below refereed collectively to as border gates).

- International border gates are opened for the entry and exit of Vietnamese and foreign people and vehicles; export and import of goods and articles.

- Main border gates (bilateral border gates) are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries sharing the border gates; import and export of goods and articles.

- Secondary border gates are opened for the entry and exit of people and vehicles of Vietnam and neighboring countries in border provinces; import and export of goods and articles.

- Border crossings (crossings for travel to and from border markets of either or two sides; border customs clearance places for goods; temporary crossings) are opened for border inhabitants of two sides and their vehicles and goods to travel and in other cases, aiming to implement the border trade policy prescribed by the Prime Minister; or opened in force majeure cases or at the special request of two sides.

(Article 4 of Decree 112/2014/ND-CP)

3. Activities in border gate areas of Vietnam

Activities in border gate areas of Vietnam are prescribed in Article 13 of Decree 112/2014/ND-CP as follows:

- Persons eligible to enter and exit a border gate area:

+ Passengers on exit or entry;

+ Cadres, combatants, employees and civil servants of specialized state management agencies or related state agencies with working offices in the border gate area;

+ Employees of agencies and organizations and individuals conducting service and commercial activities in the border gate area;

+ Persons operating or working onboard vehicles carrying imports or exports, or passengers on entry or exit;

+ Goods owners, persons dealing in exports and imports who enter and exit the border gate area for carrying out goods import and export procedures;

+ Persons coming to work with specialized state management agencies or related agencies with working offices in the border gate area;

+ Persons coming for medical examination and treatment (if there exist in the border gate area a healthcare zone for medical examination and treatment);

+ In addition to the cases specified at Points a, b, c, d, dd, e and g of this Clause, persons entering or exiting the border gate area for visit, guest reception or seeing off or other purposes shall obtain permits and are subject to the inspection, control, supervision and instruction of border-gate border guard posts.

- Persons eligible to temporary residence in a border gate area:

+ Cadres, combatants, employees and civil servants of specialized state management agencies or related agencies with working offices in the border gate area;

+ Employees of agencies or organizations, and individuals conducting service and commercial activities in the border gate area;

+ Vietnamese and foreigners staying in the border gate area for the reason of non-completion of entry or exit procedures for people, vehicles and goods or persons staying in the border gate area for other plausible reasons shall register their temporary residence and are subject to the management, inspection and supervision by border-gate border guard stations.

- Organizations and individuals conducting service and commercial activities in a border gate area shall acquire permits issued by competent agencies and operate within the fields prescribed in the permits.

- Vehicles allowed to enter, exit, operate and stay in a border gate area:

+ Vehicles transporting persons on entry or exit, imports and exports; vehicles transporting, loading or unloading cargoes at cargo storehouses and yards in the border gate area;

+ Vehicles being exported or imported goods;

+ Vehicles transporting cadres, combatants, employees and civil servants to work at the border gate or private vehicles of these persons;

+ Vehicles of Vietnamese or foreigners staying in the border gate area for the reason of completion of entry or exit procedures for vehicles or cargoes shall be registered for stay and are subject to the management, inspection and supervision by border-gate border guard stations;

+ Vehicles entering, exiting, operating or staying in the border gate area must have adequate valid papers relevant to the purpose of their operation at the border gate.

- Border guard units shall assume the prime responsibility for, and coordinate with specialized state management agencies in, guiding the procedures, inspecting, controlling and supervising Vietnamese and foreign organizations, individuals and vehicles operating in border gate areas under Decree 112/2014/ND-CP, relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Diem My

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