CIRCULAR

PROVIDING FOR IMPORT AND EXPORT OF GOODS VIA AUXILIARY BORDER GATES AND BORDER CROSSINGS OUTSIDE BORDER-GATE ECONOMIC ZONES

THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 32/2005/ND-CP of March 14, 2005, promulgating the Regulation on land border gates;
Pursuant to the Prime Minister's Decision No. 254/2006/QD-TTg of November 7, 2006, on management of border trade with bordering countries;
In furtherance of the Prime Minister's directing opinions in Official Dispatch No. 1420/TTg-KTTH of August 27, 2008, on customs clearance for border-trade imports and exports.

Article 1. Scope of regulation

1. This Circular applies to the import and export of goods via auxiliary border gates and border crossings outside border-gate economic zones where exist customs, border guard and quarantine forces and technical facilities assuring state management.

2. For auxiliary border gates and border crossings outside border-gate economic zones where lack functional forces prescribed in Article 1, only goods trading and exchanging activities of border inhabitants are permitted under current regulations.

Article 2. Exports

1. Goods legally exported under current regulations may be exported via auxiliary border gates or border crossings outside border-gate economic zones.

2. For natural resources or minerals, the presidents of People's Committees of the provinces where exist auxiliary border gates or border crossings which satisfy the requirement set in Clause 1, Article 1 of this Circular shall decide on their export on the basis of the Industry and Trade Ministry's written approval.

Article 3. Imports

1. Goods imported via auxiliary border gates or border crossings outside border-gate economic zones must be on the list of goods provided in Appendices 1 and 2 to this Circular.

2. The presidents of People's Committees of the provinces where exist auxiliary border gates or border crossings shall decide on the import of goods on the list provided in Appendix 1 to this Circular.

3. For goods on the list provided in Appendix 2 to this Circular, the presidents of People's Committees of the provinces where exist auxiliary border gates or border crossings shall decide on their import on the basis of the Industry and Trade Ministry's written approval.

Article 4. Reporting responsibility

The People's Committees of the provinces where exist auxiliary border gates or border crossings shall send reports to the Ministry of Industry and Trade on import and export activities at auxiliary border gates or border crossings outside border-gate economic zones in the last week of the last month of every quarter or extraordinary reports upon request.

Article 5. Organization of implementation

1. The People's Committees of the border provinces shall make a list of their auxiliary border gates or border crossings which satisfy the requirement set in Clause 1, Article 1 of this Circular, report the list to the Ministry of Industry and Trade as well as publicize it to concerned enterprises and agencies for information on auxiliary border gates and border crossings through which import and export of goods are permitted.

2. Customs, border guard and quarantine authorities shall manage, inspect, control, and carry out procedures for. goods imported and exported via auxiliary border gates and border crossings under regulations.

Article 6. Effect

This Circular takes effect 45 days from the date of its signing.

APPENDIX 1

LIST OF RAW MATERIALS AND SUPPLIES FOR DOMESTIC PRODUCTION PERMITTED TO BE IMPORTED VIA AUXILIARY BORDER GATES OR BORDER CROSSINGS
(To the Industry and Trade Ministry's Circular No. 13/2009/TT-BCT of June 3, 2009, providing for import and export of goods via auxiliary border gates or border crossings outside border-gate economic zones)

APPENDIX 2

LIST OF RAW MATERIALS AND SUPPLIES FOR DOMESTIC PRODUCTION IMPORTED VIA AUXILIARY BORDER GATES AND BORDER CROSSINGS UNDER THE INDUSTRY AND TRADE MINISTRY'S WRITTEN APPROVAL
(To the Industry and Trade Ministry's Circular No. 13/2009/TT-BCT of June 3, 2009, providing for import and export of goods via auxiliary border gates and border crossings outside borders gate economic zones)