Conditions for temporarily being determined as border crossings in Vietnam

Conditions for temporarily being determined as border crossings in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for temporarily being determined as border crossings in Vietnam 

Specifically, in Clause 2, Article 4 of Circular 09/2016/TT-BQP, the conditions for temporarily being determined as border crossings in Vietnam include:

- Traditional places (traditional crossings) for border inhabitants of Vietnam and a neighbor country (below referred to as border inhabitants of the two sides) to go through which have been recognized in writing or tacitly by provincial administrations of Vietnam and such neighbor country without taking any measures to obstruct or object the normal cross-border movement of border inhabitants of the two sides;

- Places established under treaties on border and border gates to which the Socialist Republic of Vietnam has concluded with neighbor countries but not yet officially opened under agreements between the Vietnamese Government and governments of the neighbor countries through which normal movement of border inhabitants of the two sides has taken place without any obstruction or objection by either side;

- Places opened by competent authorities and meeting the prescribed infrastructure and management personnel requirements where border trade policies have been effectively implemented, which have been automatically recognized by provincial-level administrations of Vietnam and neighbor countries;

- In case to meet the national defense, security, foreign policy, border management and protection or other requirements or to ensure other lawful interests, the Border Guard High Command shall report to the Ministry of National Defense for proposing the Prime Minister to stop all entry, exit, import and export activities through the places specified at Points b and c of Clause 2, Article 4 of Circular 09/2016/TT-BQP.

2. Principles of via-border gate exit and entry in Vietnam

Pursuant to Article 5 of Decree 112/2014/ND-CP, the principles of via-border gate exit and entry are as follows:

- People, vehicles, goods and articles on exit and entry through a border gate must have adequate valid papers; comply with the principles and procedures for exit, entry, import and export and other provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party; and be subject to the management, inspection, control and supervision by specialized state management agencies at the border gate.

- People other than inhabitants on two sides, their vehicles and goods travelling through border crossings for implementation of the border trade policy shall comply with the Prime Minister’s regulations.

- The exit and entry of Vietnamese and foreign people, vehicles, goods and articles must be made only through border gates or crossings defined in Article 4 of Decree 112/2014/ND-CP.

3. Acts prohibited in border gate areas in Vietnam

Acts prohibited in border gate areas are specified in Article 7 of Decree 112/2014/ND-CP as follows:

- 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 in contravention of Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Ho Quoc Tuan

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