On June 16, 2023, the Government of Vietnam issued Decree 34/2023/NĐ-CP amending and supplementing a number of articles of the Decree 112/2014/NĐ-CP on land border gate management, which amend regulations on competence to determine the scope of border gate areas.
The authority to determine the scope of the border gate area; border openings; Customs clearance passages, specialized roads for transporting goods, and planning for the construction of border gate areas and border openings is prescribed as follows:
- The Government of Vietnam shall decide to approve the scope of the area of international border gates and main border gates (bilateral border gates); customs clearance, specialized roads for transporting goods (currently not regulated).
- People's Committee of the Border Province:
+ Decision approving the scope of the auxiliary border gate area (local border gate), border opening;
+ Assume the prime responsibility for, and coordinate with ministries in: National Defense, Public Security, Diplomacy, Finance, Industry and Trade, Health, Natural Resources and Environment, Agriculture and Rural Development, Construction to determine the scope of international border gates, main border gates (bilateral border gate); customs clearance, specialized roads for transporting goods, and reporting to the Government for decision;
+ Assume the prime responsibility for, and coordinate with the ministries of: Defense, Public Security, Diplomacy, Finance, Industry and Trade, Construction, Transport, Planning and Investment, Natural resources, and Environment to make and appraise the planning for the construction of international border gates and main border gates (bilateral border gates), and submit them to the Prime Minister for approval;
+ Formulate, appraise, and approve construction zoning planning and detailed construction planning at international border gates and main border gates (bilateral border gates);
+ Formulate, appraise, and approve the construction planning for the area of auxiliary border gates (local border gates) and border openings.
- The Provincial Border Guard Command shall assume the prime responsibility for, and coordinate with provincial departments and branches, including: Military Command, and Ministries of: Public Security, Foreign Affairs, Industry and Trade, Health, Customs, Agriculture and Rural Development, Planning and Investment, Construction, Finance, Transportation, Natural resources, and Environment, and district-level People's Committees that have auxiliary border gates (local border gates), border openings that determine the extent of sub-border gates (local border gates), and border openings and report to the Provincial People's Committee for decision.
Decree 34/2023/ND-CP takes effect as of July 31, 2023.
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