It is necessary to internalize regulations to promote efficiency of Huu Nghi - Huu Nghi Quan border gate

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Customs clearance activities through the specialized route at Tan Thanh border gate. Photo: H.Nu

Legal basis

On October 11, 2019, the Government issued Resolution No. 89/NQ-CP at the regular Government meeting in September 2019, including the conclusion at point 13 on opening a specialized transportation route at Huu Nghi International (Vietnam) - Huu Nghi Quan (China) border gate. Accordingly, the Government approved the policy of opening a specialized route to transport goods through the landmark area 1088/2-1089 to become a customs clearance area at Huu Nghi (Vietnam) - Huu Nghi Quan (China) international border gate.

The Government assigned the Ministries of National Defense, Finance, Agriculture and Rural Development, Health, and relevant ministries to coordinate with Lang Son Provincial People's Committee to perform state management and seriously implement the agreement on Vietnam-China land border management regulations, the agreement on border crossings and regulations on administration of Vietnam and China land border crossings and Decree 112/2014/ND-CP and related regulations to prevent smuggling, smuggling and trade fraud through the customs clearance area.

On November 5, 2019, the Ministry of Foreign Affairs issued Note No. 802/NG-UBBG announcing that Vietnam had completed internal procedures and agreed to open a specialized route in the landmark area 1088/2-1089 at the Huu Nghi - Huu Nghi Quan international border gate pair, allowing drivers who have border resident cards and vehicles to travel through the border gate and cancel the immigration function for vehicles and goods at Tan Thanh - Po Chai route.

On December 16, 2019, the Ministry of Foreign Affairs continued to issue Note No. 961/BNG-UBBG requesting the Chinese Embassy in Hanoi to continue to encourage Chinese authorities to soon have an official opinion to bring Customs clearance and specialized routes for transporting goods through milestone 1088/2-1089 officially come into operation. The Ministry of Foreign Affairs also proposed that each side's means of transport be allowed to enter each other's territory in the border area to deliver import and export goods.

On September 22, 2023, the Ministry of Foreign Affairs of the People's Republic of China issued Diplomatic Note No. 21/2023 announcing that it had prepared the conditions to expand the Huu Nghi Quan land border gate to two border crossings Po Chai and Lung Nghiu and asked Vietnam to implement good preparation to put the border gate into operation. China also requested that Vietnam send a Response Diplomatic Note in response to China’s request and from the date China receives a note of response, it will officially open the Huu Nghi - Huu Nghi Quan border gate.

Currently, the two sides temporarily agree to extend the operation of this route until December 31, 2023 (according to Diplomatic Note No. 132/2023 of the Chinese Embassy in Hanoi), with facilities, equipment, and human resources that meet the conditions of readiness for the official operation of specialized routes. Thus, after Vietnam sends a diplomatic note in response to China, there will be a full legal basis to officially operate the specialized route at Huu Nghi (Vietnam) - Huu Nghi Quan (China) border gate.

Need specific regulations

Lang Son Customs Department said that it is necessary to internalize regulations to ensure State management requirements on customs when officially expanding to the landmark 1088/2-1089 area. Accordingly, it is necessary to clearly define the scope of customs operations at the specialized route and landmark area 1088/2-1089 to be able to deploy tasks in accordance with the provisions of the law.

Decree 01/2015/ND-CP amended and supplemented in Decree 12/2018/ND-CP of the Government stipulates that the ​​specialized route from the landmark 1088/2 - 1089 towards the inland is about 700m long is in the customs operating area and has been assigned to Tan Thanh Customs Branch for control. All areas for gathering, inspecting, and supervising import and export goods in the border area of Bao Nguyen Commercial Transport Joint Stock Company has been recognized by the General Department of Customs in Decision No. 350/QD-TCHQ dated February 25, 2020, and managed by Tan Thanh Customs Branch (customs operating area as prescribed in Article 7 of the Customs Law).

Meanwhile, most of the specialized routes starting from the landmark 1088/2 connecting to route 230A, about 2.8km long, are not within the scope of customs operations specified in Appendix Decree 12/2018/ND-CP. Therefore, to ensure a sufficient legal basis for the scope of customs operations and perform the functions and duties of Customs for the specialized route in the 1088/2-1089 area, it is necessary this route must be added to the scope of customs operations.

Specifically, including all specialized routes for transporting goods through landmark area 1088/2-1089 and surrounding areas in the customs operating area. At the same time, redefining the area of customs operations at Tan Thanh border gate as a basis for implementing customs management in an effective and efficient manner, in accordance with the law.

Lang Son Customs Department also said that Tan Thanh Customs Branch is managing the customs operating area at Tan Thanh border gate area according to Decree 12/2018/ND-CP. However, a part of the specialized route through the landmark 1088/2-1089 area and the gathering and inspection area for import and export goods of Bao Nguyen Commercial Transport Company will belong to Huu Nghi international border gate after the Huu Nghi (Vietnam) - Huu Nghi Quan (China) border gate is officially expanded. Therefore, Lang Son Customs Department proposes to continue to assign Tan Thanh Customs Branch to carry out customs management for all specialized routes and gathering and inspection areas of import and export recognized by the General Department of Customs in this expanded area.

It is known that only Decree 34/2023/ND-CP amending and supplementing Decree 112/2014/ND-CP regulates: "Customs clearance paths and specialized routes at international border gates, the main border gate (bilateral border gate) is opened for import and export of goods and border-crossing travel according to the agreement between the Government of the Socialist Republic of Vietnam and bordering countries".

In addition, there is no official agreement between the Governments of Vietnam and China on the types of goods and items that can be imported and exported and entities eligible for passing the specialized routes. Currently, imports and exports through the specialized routes are undergoing customs procedures according to the policy for goods imported and exported through the Tan Thanh sub-border gate, so the specialized routes at Huu Nghi - Huu Nghi Quan international border gate have not promoted full efficiency.

In order to take full advantage of the specialized route through the landmark 1088/2-1089 area, Lang Son Customs Department proposes to internalize international commitments on expanding Huu Nghi to landmark 1088/2-1089. In particular, Lang Son Customs Department proposed the General Department of Customs and Lang Son Provincial People's Committee to report to the Government to allow the application of policies to manage import and export activities of goods via the specialized routes through the landmark 1088/2- 1089 as policies applicable to international border gates; soon issue an official agreement between the two governments on types of imported, exported goods, and others through specialized routes to serve as a basis for implementation.