Circular 10/2002/TT-BTM

CIRCULAR No. 10/2002/TT-BTM OF DECEMBER 12, 2002 GUIDING THE PURCHASE, SALE AND EXCHANGE OF GOODS AND COMMERCIAL SERVICES IN VIETNAM-CAMBODIA BORDER AREAS

Pursuant to the Government�s Decree No. 57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial Law regarding goods export, import, processing as well as purchase and sale agency activities with foreign countries;

Pursuant to the Government�s Decree No. 44/2001/ND-CP of August 2, 2001 amending and supplementing a number of articles of the Government�s Decree No. 57/1998/ND-CP of July 31, 1998;

Pursuant to the Prime Minister�s Decision No. 46/2001/QD-TTg of April 4, 2001 on management of goods import and export in the 2001-2005 period;

In furtherance of the Agreement on the purchase, sale and exchange of goods and commercial services in the border areas between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia, which was signed in Phnom Penh on November 26, 2001;

The Trade Ministry hereby provides specific guidance on a number of points on the purchase, sale and exchange of goods and commercial services in the Vietnam-Cambodia border area for unified implementation, as follows:

1. Subjects purchasing, selling and/or exchanging goods and commercial services in Vietnam-Cambodia border areas include:

a/ Enterprises of all economic sectors, established under law provisions;

b/ Individual business households in the border areas and border-gate economic zones set up according to the provisions of the Government�s Decree No. 02/2000/ND-CP of February 3, 2000 on business registration;

c/ Inhabitants in the provinces sharing the Vietnam-Cambodia borders.

2. Goods and commercial services purchased, sold and/or exchanged across the border (referred collectively to as goods):

a/ All kinds of goods permitted for cross-border purchase, sale and/or exchange, except those banned from export and import as inscribed in Appendices 1 and 2 to the Agreement on the purchase, sale and exchange of goods and commercial services in the Vietnam-Cambodia border area, which was signed on November 26, 2001 between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia.

b/ For goods on the list of goods to be exported or imported under the permits issued by the Trade Ministry or the specialized managing ministry, only the subjects mentioned in Clause a, Section 1 of this Circular can trade in them on the condition that they are granted permits by the competent agencies under current law provisions.

3. Quality of goods purchased, sold and/or exchanged across the border:

Subjects involved in the cross-border goods purchase, sale and/or exchange must comply with current law provisions, especially for goods subject to the State quality control, and must be held responsible before law for the quality of goods they purchase and/or sell.

4. Border-gates for cross-border goods purchase, sale and/or exchange:

a/ Pairs of principal border-gates (international and national ones): Goods purchased, sold and/or exchanged in the border areas between the two countries are allowed to go through the current law-prescribed import and export procedures at pairs of principal border-gates agreed upon by the two Governments.

b/ Pairs of auxiliary border-gates (the local ones):

b.1. Enterprises are allowed to fill in the procedures for quota-regulated goods import and/or export under commercial contracts through auxiliary border-gates already approved by the provincial-level authorities of the two countries, provided that each country has located its customs stations, border-guard stations and animal-plant quarantine stations at such auxiliary border gates.

b.2. The auxiliary border-gates where procedures for quota-regulated goods import and/or export under commercial contracts may be carried out include:

Vietnamese border-gates Cambodian border-gates

1. Khanh Binh (An Giang) - Chray Thum (Kandal)

2. Bac Dai (An Giang) - Bac Dai (Ta Keo)

3. Vinh Hoi Dong - Com PungKro Sang
(An Giang) (Ta Keo)

4. My Quy Tay (Long An) - Xom Rong (Svayrieng)

5. Vam Don (Long An) - Srebarang (Svayrieng)

5. Payment for cross-botrder purchase, sale and/or exchange of goods and commercial services between the two countries:

a/ The payment currencies in the purchase, sale and/or exchange of goods and commercial services in the border areas between the two countries are the freely-convertible currencies or Vietnam dong or Cambodian riel.

b/ The payment modes shall be agreed upon by the parties involved in the purchase, sale and/or exchange of goods and commercial services in compatibility with the via-bank import/export payment modes according to international practices or Vietnam State Bank�s regulations on cross-border goods purchase and sale.

6. Customs procedures and import, export taxes:

Goods exported and/or imported across the border between the two countries must go through customs procedures, be subject to the customs inspection and supervision and liable to assorted taxes and fees under the Vietnamese law.

7. Organization of implementation:

7.1. Goods purchased, sold and/or exchanged by border inhabitants in border markets opened by local authorities of each country in Vietnam-Cambodia border areas shall comply with the June 8, 1999 Regulation on organization and management of Vietnam-Cambodia border markets.

7.2. This Circular takes effect 15 days after its signing.

For the Trade Minister
Vice Minister
PHAN THE RUE