Order of opening and upgrading of a secondary border gate or border crossing in Vietnam

Order of opening and upgradation of border checkpoints; border crossings; customs clearance crossings, specialized roads for transport of goods in Vietnam shall comply Article 20 of Decree 112/2014/ND-CP and Article 1 of Decree 34/2023/ND-CP, specifically as follows:

Order of opening and upgrading of an international border gate or a main border gate (bilateral border gate) in Vietnam

The opening and upgrading of an international border gate or a main border gate (bilateral border gate) shall be carried out according to the following order and procedures:

- At the proposal of the provincial-level Border Guard Command, the chairperson of the People’s Committee of a border province shall decide to form a working team composed of representatives of related provincial-level departments and sectors, including the Border-Guard Command, the Military Command, and the Departments of Public Security; Foreign Affairs; Industry and Trade; Health; Customs; Agriculture and Rural Development; Planning and Investment; Construction; Finance; and Transport; and the People’s Committee of the district where the to be-opened or -upgraded border gate is located, with the provincial-level Border- Guard Command assuming the prime responsibility for field survey to identify sites for the to-be-opened or -upgraded border gate, physical foundations, equipment and facilities, human resources for inspection and control, and the flows of people, vehicles and goods on entry and exit. Within 10 working days after completing the survey, the provincial-level Border-Guard Command shall summarize the survey result and propose the provincial-level People’s Committee to open or upgrade the international border gate or main border gate (bilateral border gate);

- Within no more than 15 working days after receiving the provincial-level Border Guard Command’s proposal on the opening or upgrading of the international border gate or main border gate (bilateral border gate), the People’s Committee of the border province shall send an official letter to the administration of the border province of the neighboring country, proposing negotiations on the selection of the sites for border gate opening or upgrading and the implementation plan (tentative time for opening or upgrading of the border gate);

- Within 20 working days after the conclusion of negotiations with the provincial-level administration of the neighboring country, the People’s Committee of the bordering province shall send an application for opening or upgradation of the border checkpoint to the Government (through the Ministry of Foreign Affairs). An application includes an explanatory report on the opening and upgradation of international border checkpoint and main border checkpoint (bilateral border checkpoint); the planning diagram, map of the area for opening or upgradation of the international border checkpoint or main border checkpoint (the original copy); an original copy of a report on criteria for request for the opening or upgradation of international border checkpoint or main border checkpoint (bilateral border checkpoint) (according to criteria specified in Appendix III to Decree 34/2023/ND-CP); a report on assessment of the socio-economic, defense and security impacts (an original copy); a report on the flows of people, vehicles and goods on entry and exit (for checkpoints to be upgraded); and copies of the agreement and negotiation minutes;

- Within 30 working days after receiving the report on the application for opening or upgradation of the border checkpoint of the People’s Committee of the bordering province, the Ministry of Foreign Affairs shall take charge and cooperate with the Ministries of National Defense; Public Security; Industry and Trade; Finance; Planning and Investment; Construction; Transport; Agriculture and Rural Development; and Health in, surveying the site of the to-be-opened or -upgraded international border checkpoint or main border checkpoint (bilateral border checkpoint)

- Within 20 working days after the completion of surveys, the Ministry of Foreign Affairs shall summarize the survey results and comments of other ministries, and report them to the Government for decision on the opening or upgrading of the international border gate or main border gate;

- Within 10 working days after the Government issues a decision on opening or upgrading of the border gate, the Ministry of Foreign Affairs shall send a note to the neighboring country, notifying the Socialist Republic of Vietnam Government’s consent to the opening or upgrading of the international border gate or main border gate;

- Within 10 working days after receiving the neighboring country’s note via diplomatic channels agreeing to the border checkpoint opening or upgradation, the Ministry of Foreign Affairs shall notify it to the People’s Committee of the bordering province for discussion with the provincial- level administration of the neighboring country, cooperation in holding a ceremony to officially start the opening or upgradation of the international border checkpoint or main border checkpoint (bilateral border checkpoint); or agreement on the time for official operation of international border checkpoint, main border checkpoint (bilateral border checkpoint).

Within 05 working days after receiving an official letter from the provincial-level administration of the neighboring country agreeing to the time for holding a ceremony to officially start the opening or upgradation of the international border checkpoint or main border checkpoint, or the time for official operation of international border checkpoint, main border checkpoint (bilateral border checkpoint), the People’s Committee of the bordering province shall notify it to the ministries specified at Point d of this Clause for cooperation in implementation.

Note: The order of opening and upgrading of customs clearance, specialized road for transporting goods is also carried out according to the above regulations.

Order of opening and upgrading of a secondary border gate or border crossing in Vietnam (Internet image)

Order of opening and upgrading of a secondary border gate or border crossing in Vietnam

The opening and upgrading of a secondary border gate or border crossing shall be carried out according to the following order and procedures:

- At the proposal of the provincial-level Border Guard Command, the president of the People’s Committee of the bordering province shall decide to form a working team composed of representatives of the related provincial-level departments and authorities, including the Border Guard Command, the Military Command, the Departments of Public Security; Foreign Affairs; Industry and Trade; Health; Customs; Agriculture and Rural Development; Planning and Investment; Construction; Finance; Transport; Natural Resources and Environment and the People’s Committee of the district where there is the to-be-opened or -upgraded secondary border checkpoint or border crossing, with the provincial-level Border Guard Command taking charge of conducting surveys to identify the site for the to-be-opened or -upgraded secondary border checkpoint or border crossing, physical foundations, equipment and facilities and human resources for inspection and control, and the flows of people, vehicles and goods on entry and exit.  Within 07 working days after completing the survey, the provincial-level Border Guard Command shall summarize the survey result and propose the provincial-level People’s Committee on the opening or upgradation of the secondary border checkpoint (local checkpoint) or border crossing

- Within 15 working days after receiving the provincial-level Border Guard Command’s proposal on the opening of a secondary border gate, the opening or upgrading of a border crossing to a secondary border gate, the People’s Committee of the border province shall send an official letter to the provincial-level administration of the neighboring country, proposing negotiations to reach agreement on the site, and tentative time for opening or upgrading of the secondary border gate or border crossing;

- Within 20 working days after the conclusion of negotiations with the provincial-level administration of the neighboring country, according to the negotiation results, the People’s Committee of the bordering province shall send an official letter asking for comments of the Ministries of National Defense; Foreign Affairs; Public Security; Industry and Trade; Finance; Agriculture and Rural Development; Construction; Natural Resources and Environment, Planning and Investment; Transport; and Health enclosed with an application. An application includes an explanatory report on the opening and upgradation of the secondary border checkpoint or border crossing (an original copy); the planning diagram, map of the area for opening or upgradation of the secondary border checkpoint or border crossing (an original copy); an original copy of a report on criteria for request for the opening or upgradation of the secondary border checkpoint or border crossing (according to criteria specified in Appendix III to Clause 2 of Article 20 of Decree 34/2023/ND-CP); a report on assessment of the socio-economic, defense and security impacts (an original copy); a report on the flows of people, vehicles and goods on entry and exit (in case of upgradation from the crossing to the secondary border checkpoint); and copies of the agreement and negotiation minutes; Within 10 working days after receiving the official letter of the People’s Committee of the bordering province, the ministries shall reply in writing.

- According to the comments of the ministries specified at Point c of Clause 2 of Article 20 of Decree 34/2023/ND-CP, the People’s Committee of the bordering province shall send a summarization report to the Government (enclosed with an application). An application includes a report to the Government (an original copy according to form specified in Appendix II to Decree 34/2023/ND-CP); the planning diagram and map of the area for opening or upgradation of the secondary border checkpoint or border crossing (an original copy); a report on criteria for request for the opening or upgradation of the secondary border checkpoint or border crossing (according to criteria specified in Appendix III to Decree 34/2023/ND-CP); a report on socio-economic, defense and security impacts (an original copy); a summarization report on comments of the ministries and authorities (an original copy); and copies of the agreement and negotiation minutes;

Within 10 working days after receiving the written approval of the Government, the People’s Committee of the bordering province shall issue a decision to open or upgrade the secondary border checkpoint or border crossing and notify it to the ministries specified at Point c of this Clause

- Within 7 working days after issuing the decision on the opening or upgrading of the secondary border gate or border crossing, the People’s Committee of the border province shall send an official letter to the provincial-level administration of the neighboring country for agreement on the time for official operation of the secondary border gate or border crossing (based on the practical situation, it can propose the holding of a ceremony for official opening of the secondary border gate or border crossing);

Within 5 working days after receiving a written reply of the provincial-level administration of the neighboring country agreeing to the time for official operation of the secondary border gate or border crossing, the People’s Committee of the border province shall notify it to the ministries specified at Point c of Clause 2 of Article 20 of Decree 34/2023/ND-CP for coordinated implementation.

Mai Thanh Loi

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