Quyết định 22/2008/QD-BCT

DECISION

PROMULGATING THE REGULA­TION ON BORDER MARKETPLACES, BORDER-GATE MARKETPLACES AND MARKETPLACES IN BORDER-GATE ECONOMIC ZONES

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 189/200/7ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade:
Pursuant to the Prime Minister's Decision No. 254/2006/QD-TTg of November 7. 2006. on management of border trade activities with the bordering countries;
At the proposal of the director of the Mountainous Trade Department.

DECIDES:

Article 1.-To promulgate together with this Decision the Regulation on border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones.

Article2.-This Decision takes effect 15 days after its publication in "CONG BAO" and replaces the Trade Minister's Decision No. 08/ 2006/QD-BTM of January 26, 2006, promulgating the Regulation on border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones between Vietnam and the bordering countries.

Article 3.- Presidents of People's Committees and directors of Industry and Trade Services of provinces where exist land borders with the bordering countries, the director, deputy directors and members of the Steering Committee for Border Trade, and heads of concerned agencies and units shall implement this Decision.

REGULATION

ON BORDER MARKETPLACES, BORDER-GATE MARKETPLACES AND MARKETPLACES IN BORDER-GATE ECONOMIC ZONES
(Promulgated together with the Industry and Trade Minister's Decision
No. 22/2008/QD-BCT of July31, 2008)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Regulation provides for business activities at border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones, covering conditions for doing business at marketplaces, order of and procedures for the grant of permits for doing business at marketplaces, organization and management of marketplaces and business activities at marketplaces.

Article 2.- Subjects of application

This Regulation applies only to Vietnamese traders and traders of China, Laos and Cambodia (below collectively referred to as the bordering countries) that do business at border marketplaces, border-gate marketplaces or marketplaces in border-gate economic zones in Vietnam's mainland.

Article 3.- Interpretation of terms

1. A border marketplace is a marketplace built in the land area of a border commune, ward or township.

2. A border-gate marketplace is a marketplace built in the land border area associated with a goods importing and exporting border-gate outside a border-gate economic zone.

3. A marketplace in a border-gate economic zone is a marketplace built in an economic zone established under the Government's Decree No. 29/2008/ND-CP of March 14,2008, providing for industrial parks, export-processing zones and economic zones.

Article 4.- Marketplace-managing agencies

1. Marketplace-managing agencies are marketplace management boards or marketplace enterprises specified in Articles 7. 8 and 9 of the Government's Decree No. 02/ 2003/ND-CP of January 14, 2003, on development and management of marketplaces.

2. Marketplace-managing agencies shall sign business place-hiring contracts with and arrange business places in marketplaces for traders according to such contracts.

3. Marketplace-managing agencies shall publicize the number and rent rates of business places in marketplaces.

4. The setting up and dissolution of marketplace-managing agencies as well as their powers and responsibilities comply with the Government's Decree No. 02/2003/ND-CP of

January 14. 2003, and the Trade Ministry's Circular No. 06/2003/TT-BTM of August 15, 2003. guiding the functions, tasks, powers and organization of marketplace-managing agencies.

Chapter II

BUSINESS CONDITIONS AND ORDER OF AND PROCEDURES FOR GRANT OF PERMITS FOR DOING BUSINESS AT MARKETPLACES

Article 5.- Rights to do business at border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones

1. Traders of Vietnam and the bordering countries that satisfy all the conditions specified in this Regulation are equal in doing business at border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones of Vietnam.

2. The following traders are allowed to do business at border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones:

a/ Traders that are business individuals bearing Vietnamese nationality and having registered their permanent residence in border areas.

b/ Traders that are Vietnamese enterprises or business households which have been granted business registration certificates under Vietnamese law.

c/ Traders that are business individuals bearing the nationality of a bordering country and border identity cards, border laissez-passers. passports or other papers valid for entry and exit granted under the law of their country.

d/ Traders that are enterprises or business households of a bordering country which have been granted business registration certificates under the law of their country.

Article 6.- Conditions for doing business at border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones

1. Before conducting business activities at border marketplaces, border-gate marketplaces or marketplaces in border-gate economic zones, traders shall sign contracts on rent of stalls, kiosks or shops at marketplaces with marketplace-managing agencies.

2. Apart from the condition specified in Clause 1 of this Article, traders of the bordering countries must meet the following conditions:

a/ Being permitted to do business at border marketplaces, border-gate marketplaces or marketplaces in border-gate economic zones by a competent authority of their countries.

b/ Being granted permits for doing business at marketplaces specified in Article 9 of this Regulation, for traders of the bordering countries.

Article 7.- Agencies granting permits for doing business at marketplaces to traders of the bordering countries

1. Agencies granting permits for doing business at border marketplaces and border-gate marketplaces to traders of the bordering countries are the Industry and Trade Services of provinces where exist marketplaces or agencies authorized in writing by the Industry and Trade Services.

2. Agencies granting permits for doing business at marketplaces in border-gate economic zones are border-gate economic zone management boards.

Article 8.- Dossiers of application for permits for doing business at marketplaces for traders of the bordering countries

To be granted a permit for doing business at marketplaces, traders of the bordering countries shall send to permit-granting agencies defined in Article 7 of this Regulation one dossier set comprising:

1. An application for a permit, made according to a set form and certified by a competent authority of the applicant's country.

2. A copy of the business registration certificate, for traders being enterprises or business households) or a copy of any of the papers specified at Point c. Clause 2. Article 5 of this Regulation.

3. Two (2) photos of 3 cm x 4 cm.

Article 9.- Basis for and order of the grant of permits for doing business to traders of the bordering countries

1. Permit-granting agencies shall base themselves on local market demands and the possibility of arranging business places in marketplaces to decide on the number of foreign traders permitted to do business at marketplaces.

2. Permit-granting agencies shall grant permits for doing business at marketplaces to foreign traders within 07 (seven) business days after receiving complete and valid dossiers. In case of refusal, they shall give a written reply to traders clearly stating the reasons.

Chapter III

MANAGEMENT OF BUSINESS ACTIVITIES AT MARKETPLACES

Article 10.- Goods circulated at marketplaces

1. Goods exchanged, sold and purchased at border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones must be goods permitted for circulation in the market under Vietnamese law.

2. The import and export of goods at border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones must comply with current regulations on import and export, and customs procedures must be carried out in accordance with law.

Article 11.- Tax policies

1. Traders doing business at marketplaces shall strictly abide by Vietnam's current tax policies on value-added tax. business income tax, license tax and excise tax.

2. Imported goods of border residents of Vietnam and bordering countries are exempt from import tax under the Prime Minister's Decision No. 254/2006/QD-TTg of .November 7, 2006, on management of border trade activities with the bordering countries, and Joint Circular No. 01/2008/TTLT/BCT-BTC-BGTVT-BNN&PTNT-BYT-NHNN of January 31, 2008, guiding the implementation of Decision No. 254/2006/QD-TTg.

Article 12.- Currencies used for payment

In border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones, traders may exchange goods or use Vietnam dong, currencies of the bordering countries or freely convertible foreign currencies for payment in accordance with regulations of the State Bank of Vietnam.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 13.- Responsibilities of local functional agencies

1. Provincial-level Industry and Trade Services shall assume the prime responsibility for. and coordinate with finance, customs, quarantine and health agencies and concerned agencies in, issuing specific regulations on management of marketplaces in their localities and guide district-level trade agencies to manage business activities in marketplaces.

2. Quarterly, provincial-level Industry and Trade Services shall review and send reports on the market situation and business activities at marketplaces to the Ministry of Industry and Trade.

3. Provincial-level Industry and Trade Services and marketplace-managing agencies shall publicize regulations on the rights and obligations of traders doing business in marketplaces in Vietnamese and languages of the bordering countries.

4. District-level trade agencies shall assist district level People's Committees and provincial-level Industry and Trade Services in organizing and managing border marketplaces and border-gate marketplaces in their localities.

Article 14.- Handling of violations

Organizations and individuals that violate the provisions of this Regulation shall be handled according to the Government's Decree No. 02/2003/ND-CP of January 14, 2003, on development and management of marketplaces.