| THE GOVERNMENT No. 112/2014/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness Hanoi, November 21, 2014 |
DECREE
Providing the management of land border gates
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 17, 2003 Law on National Boundaries;
At the proposal of the Minister of National Defense,
The Government promulgates the Decree providing the management of land border gates.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides:
1. Inspection, control and supervision activities of specialized state management agencies at land border gates or border crossings.
2. The exit and entry of people; the exit, entry, transit, temporary import for re-export of vehicles (below referred to as exit and entry for short); the export, import, temporary import for re-export, temporary export for re-import, transit, border-gate transshipment of goods and products (below referred to as import and export) through land border gates or crossings (below referred to as via-border gate exit and entry).
3. Border gate areas; exit, entry, stay and temporary residence in border gate areas; the conditions, competence and time for restriction or suspension of movement through land border gates or crossings.
4. The opening, upgrading, planning, construction and development of land border gate systems.
5. Responsibilities of state management agencies for the management of land border gates and crossings.
Article 2. Subjects of application
1. Vietnamese and foreign organizations and individuals on exit or entry through border gates; leaving, entering, staying or operating in land border gate or crossing areas.
2. Specialized state management agencies and related state management agencies involved in exit and entry activities through land border gates or crossings.
3. State management agencies competent to open, upgrade, restrict and suspend the movement through land border gates and crossings, and plan, develop and construct land border gate systems.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. National gate means a gate built at a border gate, bearing the characteristics of Vietnamese culture, demonstrating the national independence and symbolizing the friendship and solidarity with the neighboring country.
2. 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.
3. Inland waterway border gate means a mainland border gate opened on a waterway running through the national land border.
4. 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.
5. Specialized state management agencies at a border gate include agencies performing the functions and tasks of carrying out procedures, inspecting, controlling and supervising people, vehicles, goods, articles on exit or entry through the border gate, which include the border guard; customs; and (medical, animal and plant) quarantine offices.
6. Neighboring countries are those sharing the land border lines with the Socialist Republic of Vietnam, including the People’s Republic of China, the Lao People’s Democratic Republic and the Cambodian Kingdom.
