THE MINISTRY OF TRADE
THE MINISTRY OF FINANCE
THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
THE MINISTRY OF PUBLIC HEALTH
THE MINISTRY OF AQUATIC RESOURCES
THE STATE BANK
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 05/2004/TTLT/BTM-BTC-BGTVT-BNN-BYT-BTS-NHNN
Hanoi, August 17,2004
 
JOINT CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER'S DECISION NO. 252/2003/QD-TTG OF NOVEMBER 24, 2003 ON MANAGEMENT OF CROSS-BORDER GOODS TRADING WITH BORDERING COUNTRIES
Pursuant to the Prime Minister's Decision No. 252/2003/QD-TTg of November 24, 2003 on management of cross-border goods trading with bordering countries;
The Ministries of Trade, Finance, Transport, Agriculture and Rural Development, Health, and Fisheries and the State Bank of Vietnam hereby jointly guide the implementation of the Prime Minister's Decision No. 252/2003/QD-TTg of November 24, 2003 on management of cross-border goods trading with bordering countries as follows:
I. GENERAL PROVISIONS
1. Regulation scope
The cross-border goods trading activities prescribed in this Circular include:
1.1. Goods purchase, sale and exchange activities of border residents, which are activities reserved exclusively for border residents in compliance with the provisions of Articles 2, 5.2 and 6 of the Prime Minister's Decision No. 252/2003/QD-TTg of November 24, 2003 on management of cross-border goods trading with bordering countries.
1.2. Trading at border markets, border-gate markets and markets in the border-gate economic zones.
1.3. Goods export and import across borders, carried out by subjects defined in Articles 6 and 8 of this Circular by modes not according to common international practices (possibly with or without contracts, with different forms of payment).
2. Goods traded across borders
All goods, excluding those banned from export, banned from import or subject to conditional business, must comply with the provisions of the Prime Minister's Decision No. 46/2001/QD-TTg of April 4, 2001 on management of goods export and import in the 2001-2005 period, other relevant decisions of the Prime Minister and the guiding documents of the Ministry of Trade and specialized branch managing ministries, agencies, and other goods are freely exchanged, traded, exported or imported across borders.
3. Quality of goods traded across borders
3.1. On border medical quarantine:
3.1.1. All kinds of goods traded across borders must be quarantined according to the provisions of the Border Medical Quarantine Regulation issued together with the Government's Decree No. 41/1998/ND-CP of June 11, 1998 and normative documents guiding the implementation thereof.
3.1.2. The Ministry of Health is the body assisting the Government in performing the function of State management over border medical quarantine. The Preventive Medicine and HIV/AIDS Prevention and Combat Department is the border medical quarantine agency under the Ministry of Health, being responsible for deploying border medical quarantine activities nationwide. The organizational system of the border medical quarantine agencies of Vietnam shall be prescribed by the Prime Minister.
3.1.3. In this Circular:
a. "Border medical quarantine" means medical examination to detect the quarantine-liable diseases and supervise contagious diseases for human beings, transport means on entry or exit, luggage, commodities, containers, parcels, postal matters when being imported or exported in compliance with the provisions of the Border Medical Quarantine Regulation issued together with the Government's Decree No.41/1998/ND-CP of June 11, 1998 and the current normative documents guiding the implementation thereof.
b. "Border medical quarantine offices" mean medical bodies directly responsible for application of medical measures prescribed by the Border Medical Quarantine Regulation in areas under their respective management.
c. "Medical quarantine areas" mean areas prescribed for human beings and transport means on entry or exit to stop for border-gate quarantine.